Vol. 81 Tuesday, No. 85 May 3, 2016
Pages 26461–26666
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 81, No. 85
Tuesday, May 3, 2016
Agriculture Department See Engineers Corps See Forest Service NOTICES See Natural Resources Conservation Service Agency Information Collection Activities; Proposals, See Rural Housing Service Submissions, and Approvals: Pollution Prevention and Right-to-Know Information, Alcohol and Tobacco Tax and Trade Bureau 26564–26565 PROPOSED RULES Proposed Establishment of the Appalachian High Country Delaware River Basin Commission Viticultural Area, 26507–26515 NOTICES Public Hearings, 26535–26536 Antitrust Division NOTICES Changes under the National Cooperative Research and Education Department Production Act: NOTICES OpenDaylight Project, Inc., 26582 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Army Department Applications for New Grants under the Rehabilitation NOTICES Services Administration, 26536–26537 Partially Exclusive Patent Licenses: 3D-sensIR, Inc.; Stevenson Ranch, CA, 26534–26535 Energy Department See Federal Energy Regulatory Commission Bureau of Consumer Financial Protection NOTICES NOTICES Meetings: Requests for Information: New Opportunities and Challenges in U.S. Energy Student Loan Borrower Communications, 26529–26534 Security; Public Workshop, 26537–26538
Centers for Medicare & Medicaid Services Engineers Corps NOTICES NOTICES Medicare Program: Environmental Impact Statements; Availability, etc.: Requirements and Registration for the MIPS Mobile Berryessa Creek Element, Coyote and Berryessa Creek, Challenge, 26565–26566 Flood Control Project, Santa Clara County, CA, 26535 Privacy Act; Systems of Records, 26566–26569
Children and Families Administration Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Pesticide Tolerances: Submissions, and Approvals, 26569 Crop Grouping Program Amendment IV, 26471–26484 PROPOSED RULES Coast Guard Air Quality State Implementation Plans; Approvals and RULES Promulgations: Safety Zones: Atlanta, GA; 2008 Ozone National Ambient Air Quality Chicago Harbor, Navy Pier Southeast, Chicago, IL, 26470– Standards; Determinations of Attainment, 26515– 26471 26517 NOTICES Hudson River, Jersey City, NJ, Manhattan, NY, 26468– Agency Information Collection Activities; Proposals, 26470 NOTICES Submissions, and Approvals, 26546–26551 Agency Information Collection Activities; Proposals, Cross-Media Electronic Reporting: Submissions, and Approvals, 26572–26573 Authorized Program Revision Approval, State of Connecticut, 26552–26553 Commerce Department Meetings: See National Oceanic and Atmospheric Administration Chartered Science Advisory Board; Public See National Telecommunications and Information Teleconference, 26551–26552 Administration Children’s Health Protection Advisory Committee, 26553
Community Living Administration Federal Aviation Administration NOTICES RULES Agency Information Collection Activities; Proposals, IFR Altitudes; Miscellaneous Amendments, 26465–26466 Submissions, and Approvals: PROPOSED RULES State Program Report, 26569–26570 Airworthiness Directives: Airbus Airplanes, 26487–26490, 26493–26495 Defense Department Boeing Company Airplanes, 26485–26487, 26490–26493 See Army Department Dassault Aviation Airplanes, 26495–26497
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Amendments of Class E Airspace and Revocations of Class Federal Railroad Administration E Airspace: NOTICES Goshen, IN; Greencastle, IN; Huntingburg, IN; North Agency Information Collection Activities; Proposals, Vernon, IN; Rensselaer, IN; Tell City, IN; Submissions, and Approvals, 26619–26621 Washington, IN; Vincennes, IN, 26499–26501 Amendments of Class E Airspace: Federal Reserve System Alma, MI; Bellaire, MI; Cadillac, MI; Drummond Island, NOTICES MI; Gladwin, MI; Holland, MI; Three Rivers, MI, Changes in Bank Control: 26501–26503 Acquisitions of Shares of a Bank or Bank Holding Blytheville, AR; Brinkley, AR; Clarksville, AR; DeQueen, Company, 26563 AR, 26505–26506 Formations of, Acquisitions by, and Mergers of Bank Hutchinson, MN; Jackson, MN; Pipestone, MN; Two Holding Companies, 26563–26564 Harbors, MN; Waseca, MN, 26497–26499 Formations of, Acquisitions by, and Mergers of Bank Revocations of Class E Airspace and Amendments of Class Holding Companies; Corrections, 26564 E Airspace: Albion, NE; Alliance, NE; Gothenburg, NE; Holdrege, NE; Federal Transit Administration Imperial, NE; Lexington, NE; Millard Airport, NOTICES Omaha, NE, 26503–26505 Public Transportation Innovation Funding Opportunity: NOTICES Mobility on Demand Sandbox Demonstration Program, Agency Information Collection Activities; Proposals, 26621–26626 Submissions, and Approvals: Application for Employment with the Federal Aviation Food and Drug Administration Administration, 26615–26616 Bird/Other Wildlife Strike Report, 26616 RULES Operations Specifications, Part 129 Application, 26610– Standards for the Growing, Harvesting, Packing, and 26611 Holding of Produce for Human Consumption; Passenger Facility Charge Program: Technical Amendment, 26466–26468 Eligibility of Ground Access Projects Meeting Certain Criteria, 26611–26615 Forest Service NOTICES Meetings: Federal Energy Regulatory Commission Black Hills National Forest Advisory Board, 26526 NOTICES Agency Information Collection Activities; Proposals, General Services Administration Submissions, and Approvals, 26543–26545 Applications: NOTICES Public Service Co. of New Hampshire, 26541–26542 Agency Information Collection Activities; Proposals, Combined Filings, 26538–26543 Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Pollution Prevention and Right-to-Know Information, Twin Lakes Canal Co., Bear River Narrows Hydroelectric 26564–26565 Project, 26540 Initial Market-Based Rate Filings Including Requests for Health and Human Services Department Blanket Section 204 Authorizations: See Centers for Medicare & Medicaid Services Provision Power and Gas, LLC, 26545 See Children and Families Administration License Applications: See Community Living Administration French Paper Co., 26545–26546 See Food and Drug Administration Staff Attendances, 26539–26540 See National Institutes of Health See Substance Abuse and Mental Health Services Administration Federal Financial Institutions Examination Council NOTICES Homeland Security Department Meetings: See Coast Guard Appraisal Subcommittee, 26553 See U.S. Customs and Border Protection Uniform Interagency Consumer Compliance Rating System, 26553–26563 Housing and Urban Development Department NOTICES Federal Highway Administration Final Fair Market Rents for the Housing Choice Voucher NOTICES Program and Moderate Rehabilitation Single Room Agency Information Collection Activities; Proposals, Occupancy Program Fiscal Year 2016; Revised, 26575 Submissions, and Approvals, 26616–26618 Section 8 Housing Assistance Payments Program: Final Federal Agency Actions on Transportation Project in Annual Adjustment Factors, Fiscal Year 2016, 26576– Washington State, 26618–26619 26578
Federal Maritime Commission Interior Department PROPOSED RULES See Land Management Bureau Rules of Practice and Procedure: NOTICES Presentation of Evidence in Commission Proceedings, Revised Central Utah Water Conservancy District National 26517–26525 Environmental Policy Act Handbook, 26578–26579
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International Trade Commission Nuclear Regulatory Commission NOTICES NOTICES Complaints: Facility Operating and Combined Licenses: Certain Carbon and Alloy Steel Products, 26580–26582 Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 26583– 26589 Justice Department Meetings; Sunshine Act, 26590–26591 See Antitrust Division NOTICES Pipeline and Hazardous Materials Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Special Permit Requests, 26627 New Generic Clearance for the New Collection of Quantitative Feedback on Agency Service Delivery Presidential Documents (Bureau of Prisons), 26582–26583 PROCLAMATIONS Special Observances: Land Management Bureau Jewish American Heritage Month (Proc. 9431), 26659– NOTICES 26662 Meetings: National Foster Care Month (Proc. 9432), 26663–26664 Western Montana Resource Advisory Council, 26579 National Mental Health Awareness Month (Proc 9433), Plats of Surveys: 26665–26666 Montana, 26580 Rural Housing Service Realty Actions: Second Notice of Segregation of Land for a Non- RULES Competitive (Direct) Sale of Public Land in Gilpin Single Family Housing Guaranteed Loan Program, 26461– County, CO, 26579–26580 26465 Science and Technology Policy Office National Aeronautics and Space Administration NOTICES NOTICES Draft Reports: Agency Information Collection Activities; Proposals, Strengthening the Medicolegal Death Investigation Submissions, and Approvals: System: Improving Data Systems, 26591 Pollution Prevention and Right-to-Know Information, 26564–26565 Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, National Institutes of Health Submissions, and Approvals, 26597 NOTICES Meetings; Sunshine Act, 26600 Meetings: Self-Regulatory Organizations; Proposed Rule Changes: National Heart, Lung, and Blood Institute, 26570–26571 Bats BZX Exchange, Inc., 26591–26593, 26600–26607 National Institute of Allergy and Infectious Diseases, Financial Industry Regulatory Authority, Inc., 26593– 26570 26595 NASDAQ BX, Inc., 26607–26609 NASDAQ Stock Market, LLC, 26595–26597 National Oceanic and Atmospheric Administration NYSE MKT, LLC, 26598–26600 NOTICES Options Clearing Corp., 26609 Agency Information Collection Activities; Proposals, Trading Suspension Orders: Submissions, and Approvals, 26526–26527 Coyote Resources, Inc., Harbor Island Development Corp., Takes of Marine Mammals Incidental to Specified Medical Makeover Corp. of America, and Shades Activities: Holdings, Inc., 26609–26610 Skagway Gateway Initiative Project, 26630–26658 Pioneer Exploration, Inc., Premier Brands, Inc., and Private Media Group, Inc., 26597–26598 National Telecommunications and Information Administration Substance Abuse and Mental Health Services Administration NOTICES Meetings: NOTICES Digital Economy Board of Advisors, 26527–26528 Current List of HHS-Certified Laboratories and Multistakeholder Process to Develop Best Practices for Instrumented Initial Testing Facilities Which Meet Privacy, Transparency, and Accountability on Minimum Standards to Engage in Urine Drug Testing, Commercial and Private Use of Unmanned Aircraft 26571–26572 Systems, 26527 Tennessee Valley Authority NOTICES Natural Resources Conservation Service Meetings; Sunshine Act, 26610 NOTICES Environmental Assessments; Availability, etc.: Transportation Department Pacific Gas and Electric Co., Humboldt Bay Power Plant See Federal Aviation Administration Unit 3 License Termination Plan, 26589–26590 See Federal Highway Administration
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See Federal Railroad Administration Part III See Federal Transit Administration Presidential Documents, 26659–26666 See Pipeline and Hazardous Materials Safety Administration
Treasury Department Reader Aids See Alcohol and Tobacco Tax and Trade Bureau Consult the Reader Aids section at the end of this issue for U.S. Customs and Border Protection phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Commercial Truck Single-Crossing User Fee Automation To subscribe to the Federal Register Table of Contents and Prepayment Pilot, 26573–26575 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Separate Parts In This Issue settings); then follow the instructions. Part II Commerce Department, National Oceanic and Atmospheric Administration, 26630–26658
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 9431...... 26661 9432...... 26663 9433...... 26665 7 CFR 3555...... 26461 14 CFR 95...... 26465 Proposed Rules: 39 (5 documents) ...... 26485, 26487, 26490, 26493, 26495 71 (5 documents) ...... 26497, 26499, 26501, 26503, 26505 21 CFR 112...... 26466 27 CFR Proposed Rules: 9...... 26507 33 CFR 165 (2 documents) ...... 26468, 26470 40 CFR 180...... 26471 Proposed Rules: 52...... 26515 46 CFR Proposed Rules: 502...... 26517
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Rules and Regulations Federal Register Vol. 81, No. 85
Tuesday, May 3, 2016
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Environmental Impact Statement contains regulatory documents having general applicability and legal effect, most of which Classification This document has been reviewed in are keyed to and codified in the Code of accordance with 7 CFR part 1940, Federal Regulations, which is published under This final rule has been determined to subpart G, ‘‘Environmental Program.’’ It 50 titles pursuant to 44 U.S.C. 1510. be non-significant by the Office of is the determination of the Agency that Management and Budget (OMB) under this action does not constitute a major The Code of Federal Regulations is sold by Executive Order 12866. Federal action significantly affecting the the Superintendent of Documents. Prices of quality of the human environment, and, new books are listed in the first FEDERAL Executive Order 12988, Civil Justice in accordance with the National REGISTER issue of each week. Reform Environmental Policy Act of 1969, This rule has been reviewed under Public Law 91–190, neither an DEPARTMENT OF AGRICULTURE Executive Order 12988, Civil Justice Environmental Assessment nor an Reform. Except where specified, all Environmental Impact Statement is required. Rural Housing Service State and local laws and regulations that are in direct conflict with this rule will Executive Order 13132, Federalism 7 CFR Part 3555 be preempted. Federal funds carry The policies contained in this rule do RIN 0575–AD00 Federal requirements. No person is not have any substantial direct effect on required to apply for funding under this States, on the relationship between the Single Family Housing Guaranteed program, but if they do apply and are national government and States, or on Loan Program selected for funding, they must comply the distribution of power and with the requirements applicable to the responsibilities among the various AGENCY: Rural Housing Service, USDA. Federal program funds. This rule is not levels of government. Nor does this rule ACTION: Final rule. retroactive. It will not affect agreements impose substantial direct compliance entered into prior to the effective date SUMMARY: The Rural Housing Service costs on State and local governments. of the rule. Before any judicial action (RHS or Agency) is amending the Therefore, consultation with the States may be brought regarding the provisions current regulation for the Single Family is not required. of this rule, the administrative appeal Housing Guaranteed Loan Program provisions of 7 CFR part 11 must be Regulatory Flexibility Act (SFHGLP) on the subjects of lender exhausted. In compliance with the Regulatory indemnification, refinancing, and Flexibility Act (5 U.S.C. 601 et seq.) the qualified mortgage requirements. The Unfunded Mandates Reform Act undersigned has determined and Agency is expanding its lender certified by signature of this document indemnification authority for loss Title II of the Unfunded Mandates that this rule change will not have a claims in the case of fraud, Reform Act of 1995 (UMRA), Public significant impact on a substantial misrepresentation, or noncompliance Law 104–4, establishes requirements for number of small entities. This rule does with applicable loan origination Federal agencies to assess the effect of not impose any significant new requirements. This action is taken to their regulatory actions on State, local, requirements on Agency applicants and continue the Agency’s efforts to improve and tribal governments and the private borrowers, and the regulatory changes and expand the risk management of the sector. Under section 202 of the UMRA, affect only Agency determination of SFHGLP. The Agency is amending its the Agency generally must prepare a program benefits for guarantees of loans refinancing provisions to simply require written statement, including a cost- made to individuals. that the new interest rate not exceed the benefit analysis, for proposed and final interest rate on the original loan and to rules with ‘‘Federal mandates’’ that may Executive Order 13175, Consultation add a new refinance option, result in expenditures to State, local, or and Coordination With Indian Tribal ‘‘streamlined-assist.’’ Finally, the agency tribal governments, in the aggregate, or Governments is amending its regulation to indicate to the private sector, of $100 million, or This executive order imposes that a loan guaranteed by RHS is a more, in any one year. When such a requirements on RD in the development Qualified Mortgage if it meets certain statement is needed for a rule, section of regulatory policies that have Tribal requirements set forth by the Consumer 205 of the UMRA generally requires the implications or preempt tribal laws. RD Protection Finance Bureau (CFPB). Agency to identify and consider a has determined that the final rule does DATES: Effective June 2, 2016. reasonable number of regulatory not have a substantial direct effect on FOR FURTHER INFORMATION CONTACT: alternatives and adopt the least costly, one or more Indian Tribe(s) or on either Lilian Lipton, Finance and Loan most cost-effective, or least burdensome the relationship or the distribution of Analyst, Single Family Housing alternative that achieves the objectives powers and responsibilities between the Guaranteed Loan Division, STOP 0784, of the rule. This final rule contains no Federal Government and Indian Tribes. Room 2250, USDA Rural Development, Federal mandates (under the regulatory Thus, this rule is not subject to the South Agriculture Building, 1400 provisions of Title II of the UMRA) for requirements of Executive Order 13175. Independence Avenue SW., State, local, and tribal governments or If a Tribe determines that this rule has Washington, DC 20250–0784, telephone: the private sector. Therefore, this rule is implications of which RD is not aware (202) 260–8012, email is lilian.lipton@ not subject to the requirements of and would like to engage with RD on wdc.usda.gov. sections 202 and 205 of the UMRA. this rule, please contact RD’s Native
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American Coordinator at (720) 544– letter to us by mail at U.S. Department purpose of this option. No change is 2911 or [email protected]. of Agriculture, Director, Office of made in this provision. Adjudication, 1400 Independence One respondent supported the Executive Order 12372, Avenue SW., Washington, DC 20250– addition of the Streamlined-Assist Intergovernmental Consultation 9410, by fax (202) 690–7442 or email at Refinance option but requested This program/activity is not subject to [email protected]. clarification with regards to the the provisions of Executive Order Individuals who are deaf, hard of inclusion of the guarantee fee and 12372, which require intergovernmental hearing or have speech disabilities and eligible closing costs. Eligible loan consultation with State and local you wish to file either an EEO or purposes, including fees and closing officials. (See the Notice related to 7 program complaint please contact costs, will remain the same as described CFR part 3015, subpart V, at 48 FR USDA through the Federal Relay on § 3555.101(d) for all refinancing 29112, June 24, 1983; 49 FR 22675, May Service at (800) 877–8339 or (800) 845– transactions. Closing costs may be 31, 1984; 50 FR 14088, April 10, 1985). 6136 (in Spanish). included in the refinance loan amount. Persons with disabilities, who wish to Programs Affected No change is made in this provision. file a program complaint, please see One respondent requested the This program is listed in the Catalog information above on how to contact us eligibility of non-section 502 loans to be of Federal Domestic Assistance under by mail directly or by email. If you refinanced through the program, such as Number 10.410, Very Low to Moderate require alternative means of balloon or ARM mortgage products, if Income Housing Loans (Section 502 communication for program information they meet USDA eligibility Rural Housing Loans). (e.g., Braille, large print, audiotape, etc.) requirements. The Agency does not Paperwork Reduction Act please contact USDA’s TARGET Center have statutory authority as this request at (202) 720–2600 (voice and TDD). The information collection and record does not conform with the Housing Act keeping requirements contained in this Background Information of 1949 limits on refinancing in this regulation have been approved by OMB On March 5, 2015, RHS published a program. No change is made in this in accordance with the Paperwork proposed rule with request for provision. Reduction Act of 1995 (44 U.S.C. 3501 comments for the Single Family Indemnification (§ 3555.108(d)) et seq.). The assigned OMB control Housing Guaranteed Loan Program Two respondents believe a five-year number is 0575–0179. (SFHGLP) (80 FR 11950–11954). Rural indemnification period is too long and Development received comments from E-Government Act Compliance requested the Agency to maintain the seventeen respondents. Comments were current lender indemnification period of The Rural Housing Service is from lenders, secondary market sources, 24 months. The Agency will continue to committed to complying with the E- builders, and other interest groups. pursue a five-year indemnification Government Act, to promote the use of Specific public comments and period, similar to those of other federal the Internet and other information substantive changes from the proposed agencies and as recommended by the technologies to provide increased rule are addressed below in general Office of Inspector General (OIG) Report opportunities for citizen access to order of appearance in the regulation, 04703–003–HY. The rule has been Government information and services, not based in the order of importance. and for other purposes. One respondent requested the Agency amended to clarify that the loan originator will be required to indemnify Non-Discrimination Policy to clarify when the rule would become effective and what the trigger events the Agency and not a subsequent holder The U.S. Department of Agriculture will be for the effective date of the or acquirer of the loan. No other change (USDA) prohibits discrimination against various requirements for loan is made in this provision. its customers, employees, and applications received by lenders on or Two respondents requested the applicants for employment on the bases after the effective date of the final rule. Agency to amend its definition of of race, color, national origin, age, The final rule will become effective 60 default accounts from 30 days disability, sex, gender identity, religion, days after its publication in the Federal delinquent to 60 days. The Agency will reprisal, and where applicable, political Register. maintain the 30-day definition, beliefs, marital status, familial or consistent with other federal agencies. parental status, sexual orientation, or all Refinancing (§ 3555.101(d)) No change is made in this provision. or part of an individual’s income is Five respondents fully supported the One respondent encouraged the derived from any public assistance Agency’s proposal to amend its Agency to add a standard of materiality program, or protected genetic refinancing provisions and add the for the underwriting defect and to information in employment or in any Streamlined-Assist Refinance option. specify that there must be a connection program or activity conducted or funded One respondent supported the between the defect and the cause of by the Department. (Not all prohibited Streamlined-Assist Refinance program default by adding that ‘‘The Agency may bases will apply to all programs and/or but requested that the Agency: (1) Add seek indemnification if fraud or employment activities.) repayment requirements for remaining misrepresentation occurs in connection If you wish to file a Civil Rights borrowers; (2) limit costs to principal with the origination and the lender program complaint of discrimination, and current interest charges due, knew, or should have known about the complete the USDA Program reasonable and customary re- occurrence.’’ It also recommended the Discrimination Complaint Form (PDF), conveyance fee, and the upfront Agency to clarify that an found online at http:// guarantee fee; and (3) limit refinance indemnification does not affect the www.ascr.usda.gov/complaint_filing_ balance to original purchase loan guaranty status of the loan. RHS will cust.html, or at any USDA office, or call amount. The Agency believes the include the standard of materiality and (866) 632–9992 to request the form. You Streamlined-Assist Refinance’s purpose a provision that the loan note guarantee may also write a letter containing all of is to increase affordability for current of the holder will not be affected by the information requested in the form. borrowers and implementing the indemnification by the originating Send your completed complaint form or suggested changes will defeat the lender.
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Qualified Mortgage (§ 3555.109) keeping both the MRA and PRA Agency standards and guidelines, Six respondents requested RHS to amounts as secured loans to avoid the regardless of when the claim is paid. update program guidance to incorporate likelihood of borrower confusion. The This is similar to how HUD and other different points and fee limitations than respondent also questioned how the federal agencies operate. The Agency may also seek those proposed. The Agency will remain PRA would be impacted should the indemnification if the Agency consistent with the Consumer Financial borrower attempt to pay off the loan determines that fraud or Protection Bureau (CFPB) and other before the three year period prior to eligibility for debt forgiveness. Should misrepresentation occurred in federal agencies in its points and fees the PRA be forgiven, the respondent connection with the origination of the limitations. No change is made in this suggested that the Agency should report loan, regardless of when the loan closed. provision. the forgiveness amount to the IRS, and 7 CFR 3555.108(d)(2). This provision is Two respondents requested the not the servicer. The respondent wrote being clarified to state that the Agency Agency to not adopt CFPB’s 43-percent that should the PRA not be forgiven, may seek indemnification in cases of debt-to-income limit. The Agency had attempts to collect the unsecured loan fraud or misrepresentation regardless of not included any debt-to-income would be detrimental to borrowers when the loan closed or when the limitation in the proposed rule. The recovering from financial difficulties. default occurred. CFPB debt ratio limitations do not apply Attempts to collect unsecured PRAs, In addition, the definition of to loans guaranteed by the Agency. suggested the respondent, could ‘‘default’’ has been added to section Until January 20, 2021 or the date on ultimately be more costly to the Agency 3555.10 to clarify that default is when which an agency rule defining qualified than simply forgiving the amounts an account is more than 30 days mortgages becomes effective (whichever advanced. Finally, the respondent overdue. This is consistent with how is earlier), loans guaranteed by RHS are questioned whether the MRA and PRA the term is used in the mortgage presumed to be qualified mortgages claims should be filed separately or industry. under 12 CFR 1026.43(e)(4). whether both amounts may be Refinance: There are currently two Four respondents noted that Housing submitted in the same claim. Separate refinance options available to Section Finance Agencies (HFA) loans are filings would be especially complicated 502 borrowers, and the Agency is exempt from the Qualified Mortgage according to the respondent. adding a third option which has been requirements and are automatically Two respondents requested the successfully tested in a pilot. The classified as Qualified Mortgages Agency to eliminate the January 1, 2001 Agency is amending section eligible for insurance through the to January 1, 2010 timeframe restriction 3555.101(d)(3)(i) to remove the SFHGLP. The Agency is amending its on PRAs. requirement that the interest rate of a rule and will include language One respondent supported the refinanced loan be at least 100 basis exempting HFAs from the Qualified Principal Reduction Advance (PRA) points below the original rate, and Mortgage requirements. proposal but requested that lenders have instead to require that the new interest Principal Reduction (§ 3555.304(d)) at least six months to implement the rate not exceed the original interest policy in order to allow for internal loan’s interest rate. The interest rate One respondent wrote that the system integrations related to this reduction requirement has proven Mortgage Recovery Advance (MRA) process. problematic in rising rate environments. already provides for principal After careful review and For example, in the case of divorce, the reductions, and that by separating consideration, the Agency agrees with borrower may not be able to refinance principal reduction from the MRA all the comments submitted, and has as required by their divorce decree or would complicate the process because decided to not implement the PRA judgment because they cannot secure an loan servicers would now have to take transaction as it had been proposed. The interest rate at least 1 percent lower two steps instead of only one. The original MRA procedure will remain than the first one. respondent pointed out that if the PRA unaltered and the PRA will not become The definition of ‘‘streamlined-assist is eventually forgiven, it would become a separate transaction. refinance’’ is being added to 7 CFR a tax liability to borrowers because the Indemnification: In the Office of 3555.10. On February 1, 2012 RHS Internal Revenue Service (IRS) Inspector General (OIG) Report 04703– created a refinancing pilot known as the considers forgiven debt to be taxable 003–HY, SFH GL Loss Claims, the ‘‘Rural Refinance Pilot.’’ The income. Struggling low or moderate Agency was requested to re-evaluate the streamlined-assist refinance differs from income borrowers may not be able to timeframe in which the Government can the traditional refinance options in that handle the additional tax bill. The seek indemnification for noncompliance there is no appraisal or credit report respondent also indicated that since the with regulations in loan origination. requirement in most instances, as long PRA results in an unsecured loan which Present language in 7 CFR as the borrower has been current on would not be forgiven if the borrower 3555.108(d)(1) limits the their first mortgage for the previous 12 re-defaulted on their mortgage, mortgage indemnification to losses if the payment months and their new interest rate is at loan servicers would be in a position of under the guarantee was made within least 1 percent lower than their first one. collecting on an unsecured loan. 24 months of loan closing. Origination A new appraisal is required for direct Mortgage loan servicers do not want to defects which depart from Agency loan borrowers who received a subsidy collect unsecured loans, and the requirements, however, may cause for the purposes of calculating subsidy respondent suggested that the agency defaults beyond 24 months from loan recapture. should collect the unsecured loans. closing. Similarly, claims arising from The pilot was designed to assist One respondent indicated that the use defective originations may occur several existing Section 502 direct or of separate notes, one for an MRA and years after loan closing. The change will guaranteed loan borrowers in one for a PRA, would complicate special trigger indemnification if the default refinancing their homes with greater loan servicing workouts and may occurs within five years from ease in thirty-five eligible states where confuse or overwhelm eligible origination and the Agency concludes steep home price declines, borrowers. The respondent indicated the default arose because the originator unemployment and persistent poverty that the Agency should consider did not underwrite the loan according to rates made refinancing a current
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mortgage into more affordable terms For the reason stated in the preamble, financed, if any, when using the non- difficult or impossible. Due to the Chapter XVIII, Title 7 of the Code of streamlined option. success of the pilot program, RHS will Federal Regulations is amended as (C) A streamlined-assist refinance adopt the pilot policy as a refinance follows: loan is a special refinance option option for existing Section 502 direct or available to existing Section 502 direct guaranteed loan borrowers nationwide PART 3555—GUARANTEED RURAL and guaranteed loan borrowers. in addition to the two traditional HOUSING PROGRAM Applicants must meet the income eligibility requirements of § 3555.151(a), refinance loan options of streamlined ■ and non-streamlined. The special 1. The authority citation for Part 3555 and must not have had any defaults refinance loan option will be called continues to read as follows: during the 12 month period prior to the ‘‘streamlined-assist.’’ Authority: 5 U.S.C. 301, 42 U.S.C. 1471, refinance loan application. There are no This rule amends 7 CFR et seq. debt-to-income calculation requirements, no credit report 3555.101(d)(3)(vi) to include ■ 2. Amend § 3555.10 by adding requirements, no property inspection ‘‘streamlined-assist’’ as one of three definitions of Default and Streamlined- requirements, and no loan-to-value available refinance loan options in assist refinance in alphabetical order to requirements. There is no appraisal addition to the traditional read as follows: ‘‘streamlined’’ and ‘‘non-streamlined’’ requirement except for Section 502 refinance loans. Section § 3555.10 Definitions and abbreviations. direct loan borrowers who have 3555.101(d)(3)(vi) discusses eligibility * * * * * received a subsidy. requirements for each streamlined and Default. A loan is considered in (ii) The interest rate of the new loan non-streamlined refinance loan. The default when a payment has not been must be fixed and must not exceed the streamlined-assist refinance will have paid after 30 days from the date it was interest rate of the original loan being the same features as the Rural Refinance due. refinanced. * * * * * Pilot described above. Additional * * * * * (iv) The loan security must include eligibility criteria for refinance loans is Streamlined-assist refinance. A the same property as the original loan discussed in Section 3555.101(d)(3). streamlined-assist refinance is an and be owned and occupied by the Qualified Mortgage: The agency is abbreviated method of refinancing borrowers as their principal residence. changing Section 3555.109, to indicate which does not require a credit report, that a loan guaranteed by RHS meeting or the calculation of loan-to-value or * * * * * certain CFPB requirements is a debt-to-income ratios. Lenders must ■ 4. Amend § 3555.108 by revising ‘‘Qualified Mortgage.’’ verify that the borrower has been paragraph (d) to read as follows: The CFPB published a ‘‘Qualified current on their existing loan for the § 3555.108 Full faith and credit. Mortgage’’ rule (12 CFR part 1026) preceding 12 month period. which became effective January 10, * * * * * * * * * * (d) Indemnification. The loan note 2014 and implemented in part the ■ 3. Section 3555.101 is amended by guarantee will remain in effect for any Dodd-Frank Wall Street Reform and revising paragraphs (d)(3)(i), (ii), and holder of the loan who acquired it from Consumer Protection Act of 2010 (Pub. (iv) to read as follows: an originating lender. If the Agency L. 111–203). This rule requires creditors determines that a lender did not to make a reasonable, good faith § 3555.101 Loan purposes. originate a loan in accordance with the determination of a consumer’s * * * * * requirements in this part, and the repayment ability for any consumer (d) * * * Agency pays a claim under the loan credit transaction secured by a dwelling, (3) * * * guarantee, the Agency may revoke the and establishes a safe harbor from (i) Three options for refinancing may originating lender’s eligibility status in liability for transactions that meet the be offered: Streamlined, non- accordance with subpart B of this part requirements for ‘‘qualified mortgages.’’ streamlined, and streamlined-assist. and may also require the originating Currently, SFHGLP loans are considered Other than provided in this paragraph, lender: to be qualified mortgages if they meet no cash out is permitted for any (1) To indemnify the Agency for the the requirements in 12 CFR refinance. Documentation costs and loss, if the default leading to the 1026.43(e)(2)(i)–(iii) and the points and underwriting requirements of subparts payment of loss claim occurred within fees limits in 12 CFR 1026.43(e)(3) until D, E, and F of this part apply to five (5) years of loan closing, when one RHS promulgates its own rules streamlined and non-streamlined or more of the following conditions is regarding qualified mortgages, or refinances. satisfied: January 10, 2021, whichever is earlier. (A) Lenders may offer a streamlined (i) The originating lender utilized (See 12 CFR 1026.43(e)(4)). refinance for existing Section 502 unsupported data or omitted material RHS guaranteed loans currently meet Guaranteed loans, which does not information when submitting the these requirements. Therefore, section require a new appraisal. The lender will request for a conditional commitment to 3555.109 is clarifying that RHS pay off the balance of the existing the Agency; guaranteed loans which meet the CFPB Section 502 Guaranteed loan. (ii) The originating lender failed to requirements in 12 CFR (B) Lenders may offer non- properly verify and analyze the 1026.43(e)(2)(i)–(iii) and 12 CFR streamlined refinancing for existing applicant’s income and employment 1026.43(e)(3) are considered qualified Section 502 Guaranteed or Direct loans, history in accordance with Agency mortgages. which requires a new and current guidelines; market value appraisal. The amount of (iii) The originating lender failed to List of Subjects in 7 CFR Part 3555 the new loan must be supported by address property deficiencies identified Home improvement, Loan programs— sufficient equity in the property as in the appraisal or inspection report that Housing and community development, determined by an appraisal. The affect the health and safety of the Mortgage insurance, Mortgages, Rural appraised value may be exceeded by the occupants or the structural integrity of areas. amount of up-front guarantee fee the property;
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(iv) The originating lender used an altitudes and changeover points for effective date of this amendment reflects appraiser that was not properly licensed certain Federal airways, jet routes, or those considerations. In view of the or certified, as appropriate, to make direct routes for which a minimum or close and immediate relationship residential real estate appraisal in maximum en route authorized IFR between these regulatory changes and accordance with § 3555.103(a); or, altitude is prescribed. This regulatory safety in air commerce, I find that notice (2) To indemnify the Agency for the action is needed because of changes and public procedure before adopting loss regardless of how long ago the loan occurring in the National Airspace this amendment are impracticable and closed or the default occurred, if the System. These changes are designed to contrary to the public interest and that Agency determines that fraud or provide for the safe and efficient use of good cause exists for making the misrepresentation was involved with the navigable airspace under instrument amendment effective in less than 30 the origination of the loan. conditions in the affected areas. days. (3) In addition, the Agency may use DATES: Effective Date: 0901 UTC, May Conclusion any other legal remedies it has against 26, 2016. the originating lender. FOR FURTHER INFORMATION CONTACT: The FAA has determined that this ■ 5. Add § 3555.109 to read as follows: Richard A. Dunham, Flight Procedure regulation only involves an established Standards Branch (AMCAFS–420), § 3555.109 Qualified mortgage. body of technical regulations for which Flight Technologies and Programs frequent and routine amendments are A qualified mortgage is a guaranteed Division, Flight Standards Service, necessary to keep them operationally loan meeting the requirements of this Federal Aviation Administration, Mike current. It, therefore—(1) is not a part and applicable Agency guidance, as Monroney Aeronautical Center, 6500 ‘‘significant regulatory action’’ under well as the requirements in 12 CFR South MacArthur Blvd., Oklahoma City, Executive Order 12866; (2) is not a 1026.43(e)(2)(i) through (iii) and 12 CFR OK 73169 (Mail Address: P.O. Box ‘‘significant rule’’ under DOT 1026.43(e)(3). An extension of credit 25082, Oklahoma City, OK 73125) Regulatory Policies and Procedures (44 made pursuant to a program telephone: (405) 954–4164. FR 11034; February 26, 1979); and (3) administered by a State Housing SUPPLEMENTARY INFORMATION: This does not warrant preparation of a Finance Agency is exempt from this amendment to part 95 of the Federal regulatory evaluation as the anticipated requirement as defined in 12 CFR Aviation Regulations (14 CFR part 95) impact is so minimal. For the same 1026.43(a)(3)(iv). Lenders will be amends, suspends, or revokes IFR reason, the FAA certifies that this allowed to cure unintentional errors and altitudes governing the operation of all amendment will not have a significant retain the qualified mortgage status if aircraft in flight over a specified route economic impact on a substantial the conditions set in 12 CFR 1026.31(h) or any portion of that route, as well as number of small entities under the are met. the changeover points (COPs) for criteria of the Regulatory Flexibility Act. Dated: March 29, 2016. Federal airways, jet routes, or direct List of Subjects in 14 CFR Part 95 Tony Hernandez, routes as prescribed in part 95. Administrator, Rural Housing Service. The Rule Airspace, Navigation (air). [FR Doc. 2016–10217 Filed 5–2–16; 8:45 am] The specified IFR altitudes, when Issued in Washington, DC, on April 22, BILLING CODE 3410–XV–P used in conjunction with the prescribed 2016. changeover points for those routes, John Duncan, ensure navigation aid coverage that is Director, Flight Standards Service. DEPARTMENT OF TRANSPORTATION adequate for safe flight operations and Adoption of the Amendment Federal Aviation Administration free of frequency interference. The reasons and circumstances that create Accordingly, pursuant to the 14 CFR Part 95 the need for this amendment involve authority delegated to me by the matters of flight safety and operational Administrator, part 95 of the Federal [Docket No. 31075; Amdt. No. 526] efficiency in the National Airspace Aviation Regulations (14 CFR part 95) is System, are related to published amended as follows effective at 0901 IFR Altitudes; Miscellaneous aeronautical charts that are essential to UTC, May 26, 2016. Amendments the user, and provide for the safe and ■ 1. The authority citation for part 95 efficient use of the navigable airspace. AGENCY: Federal Aviation continues to read as follows: Administration (FAA), DOT. In addition, those various reasons or Authority: 49 U.S.C. 106(g), 40103, 40106, ACTION: Final rule. circumstances require making this amendment effective before the next 40113, 40114, 40120, 44502, 44514, 44719, 44721. SUMMARY: This amendment adopts scheduled charting and publication date miscellaneous amendments to the of the flight information to assure its ■ 2. Part 95 is amended to read as required IFR (instrument flight rules) timely availability to the user. The follows:
REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 526 effective date May 26, 2016]
From To MEA
§ 95.6001 Victor Routes-U.S. § 95.6196 VOR Federal Airway V196 is Amended to Read in Part
Utica, NY VORTAC ...... * Saranac Lake, NY VOR/DME ...... 5,400 * 6500—MCA Saranac Lake, NY VOR/DME, E BND Saranac Lake, NY VOR/DME ...... RIGID, NY FIX.
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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 526 effective date May 26, 2016]
From To MEA
E BND ...... 9,000 W BND ...... 5,000
§ 95.6394 VOR Federal Airway V394 is Amended to Read in Part
Daggett, CA VORTAC ...... * Oasys, NV FIX ...... ** 12,000 *10,400—MCA Oasys, NV FIX, SW BND ** 9,500—MOCA ** 10,000—GNSS MEA Oasys, NV FIX ...... Las Vegas, NV VORTAC ...... 9,000
[FR Doc. 2016–10009 Filed 5–2–16; 8:45 am] amending a final rule that published in FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–13–P the Federal Register of November 27, Samir Assar, Center for Food Safety and 2015. That final rule established Applied Nutrition (HFS–317), Food and science-based minimum standards for Drug Administration, 5100 Paint Branch DEPARTMENT OF HEALTH AND the safe growing, harvesting, packing, Pkwy., College Park, MD 20740, 240– HUMAN SERVICES and holding of produce, meaning fruits 402–1636. and vegetables grown for human SUPPLEMENTARY INFORMATION: Food and Drug Administration consumption. The rule sets forth In the procedures, processes, and practices Federal Register of Friday, November 21 CFR Part 112 that minimize the risk of serious adverse 27, 2015 (80 FR 74354), FDA published the final rule ‘‘Standards for the [Docket No. FDA–2011–N–0921] health consequences or death, including those reasonably necessary to prevent Growing, Harvesting, Packing, and RIN 0910–AG35 the introduction of known or reasonably Holding of Produce for Human Consumption’’ with some editorial and Standards for the Growing, Harvesting, foreseeable biological hazards into or inadvertent errors. This action is being Packing, and Holding of Produce for onto produce and to provide reasonable taken to correct inadvertent errors in the Human Consumption; Technical assurances that the produce is not Amendment adulterated on account of such hazards. preamble to the final rule and to FDA established these standards as part improve the accuracy of the provisions AGENCY: Food and Drug Administration, of our implementation of the FDA Food added to the Code of Federal HHS. Safety and Modernization Act. The final Regulations. ACTION: Final rule; technical rule published with some editorial and On page 74357, the table with the amendment. inadvertent errors. This document heading ‘‘COMPLIANCE DATES’’ is corrects those errors. SUMMARY: The Food and Drug corrected to read as follows: Administration (FDA or we) is DATES: Effective May 3, 2016.
COMPLIANCE DATES
Covered activities involving all Farms eligible for a qualified exemption Covered other covered produce (if applicable) activities (i.e., subject to part 112, except involving subpart M) Compliance Size of covered sprouts date for Compliance farm covered under Compliance retention of date for Compliance date for all other subpart M date for certain Compliance records modified requirements in §§ 112.6 and (i.e., subject to specified agri- date for all supporting requirement in 112.7 all requirements cultural water other eligibility in § 112.6(b)(1) of part 112) requirements requirements § 112.7(b)
Time periods starting from the effective date of this Time periods starting from the rule effective date of this rule
Very small busi- 3 years (Janu- 6 years (Janu- 4 years (Janu- Effective date of January 1, 2020 4 years for farms not producing ness. ary 26, 2019). ary 26, 2022). ary 26, 2020). rule (January sprouts (January 26, 2020)/3 26, 2016). years for farms producing sprouts (January 26, 2019). Small business .. 2 years (Janu- 5 years (Janu- 3 years (Janu- ...... 3 years for farms not producing ary 26, 2018). ary 26, 2021). ary 26, 2019). sprouts (January 26, 2019)/2 years for farms producing sprouts (January 26, 2018). All other busi- 1 year (January 4 years (Janu- 2 years (Janu- ...... N/A. nesses. 26, 2017). ary 26, 2020). ary 26, 2018).
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Section 112.3 is revised to collapse Authority: 21 U.S.C. 321, 331, 342, 350h, (B) Any manufacturing/processing of paragraphs (a), (b), and (c) into a single 371; 42 U.S.C. 243, 264, 271. food that is not consumed on that farm paragraph. ■ 2. Amend § 112.3 by: or another farm under the same The definition of ‘‘farm’’ is revised to ■ a. Removing paragraphs (a) and (b) management consists only of: use the same indent numbering as in the and (c) introductory text and adding (1) Drying/dehydrating raw definition of ‘‘farm’’ under 21 CFR 1.227 introductory text; agricultural commodities to create a established in the final rule, ‘‘Current ■ b. In the definition of ‘‘Qualified end- distinct commodity (such as drying/ Good Manufacturing Practice, Hazard user’’, redesignating paragraphs (i) and dehydrating grapes to produce raisins), Analysis, and Risk-Based Preventive (ii) as paragraphs (1) and (2); and packaging and labeling such Controls for Human Food’’ (80 FR ■ c. Revising the definitions of commodities, without additional 55908; September 17, 2015). ‘‘Covered activity’’, ‘‘Farm’’, manufacturing/processing (an example The definition of ‘‘covered activity’’ is ‘‘Harvesting’’, and ‘‘Packing’’; and of additional manufacturing/processing revised to replace the reference to 21 ■ d. Adding in alphabetical order the is slicing); CFR part 110 with a reference to 21 CFR definitions of ‘‘Small business’’ and (2) Treatment to manipulate the part 117. ‘‘Very small business’’. ripening of raw agricultural The definition of ‘‘harvesting’’ is The revisions and additions read as commodities (such as by treating revised consistent with the revision to follows: produce with ethylene gas), and the definition of ‘‘harvesting’’ in § 1.227 § 112.3 What definitions apply to this part? packaging and labeling treated raw as published in ‘‘Current Good The definitions and interpretations of agricultural commodities, without Manufacturing Practice, Hazard terms in section 201 of the Federal additional manufacturing/processing; Analysis, and Risk-Based Preventive Food, Drug, and Cosmetic Act apply to and Controls for Human Food; Technical such terms when used in this part. The (3) Packaging and labeling raw Amendment’’ (81 FR 3714; January 22, following definitions also apply: agricultural commodities, when these 2016). activities do not involve additional The definition of ‘‘packing’’ is revised * * * * * manufacturing/processing (an example Covered activity means growing, to remove a duplicative reference to of additional manufacturing/processing harvesting, packing, or holding covered section 201(r) of the Federal Food, Drug, is irradiation); or produce on a farm. Covered activity and Cosmetic Act (21 U.S.C. 321(r)) and (2) Secondary activities farm. A includes manufacturing/processing of to add the term ‘‘re-packing’’ in multiple secondary activities farm is an covered produce on a farm, but only to places, so that the definition is operation, not located on a primary the extent that such activities are consistent with the definition of production farm, devoted to harvesting performed on raw agricultural ‘‘packing’’ in § 117.3 as published in (such as hulling or shelling), packing, commodities and only to the extent that ‘‘Current Good Manufacturing Practice, and/or holding of raw agricultural such activities are within the meaning Hazard Analysis, and Risk-Based commodities, provided that the primary of ‘‘farm’’ as defined in this chapter. Preventive Controls for Human Food; production farm(s) that grows, harvests, Providing, acting consistently with, and Technical Amendment’’ (81 FR 3714); and/or raises the majority of the raw documenting actions taken in The definitions of ‘‘small business’’ agricultural commodities harvested, compliance with written assurances as and ‘‘very small business’’ are revised to packed, and/or held by the secondary described in § 112.2(b) are also covered remove paragraph references that are no activities farm owns, or jointly owns, a activities. This part does not apply to longer needed due to the rearrangement majority interest in the secondary activities of a facility that are subject to of § 112.3 into a single section and to activities farm. A secondary activities part 117 of this chapter. follow the structure of the other farm may also conduct those additional definitions in § 112.3. * * * * * activities allowed on a primary In the definition of ‘‘qualified end- Farm means: production farm as described in (1) Primary production farm. A user,’’ paragraphs (i) and (ii) are paragraphs (1)(ii) and (iii) of this primary production farm is an operation redesignated as paragraphs (1) and (2). definition. Section 112.55(b) is revised to add a under one management in one general (but not necessarily contiguous) * * * * * liquid weight basis for sampling, Harvesting applies to farms and farm consistent with table 18 in the final rule physical location devoted to the growing of crops, the harvesting of mixed-type facilities and means ‘‘Standards for the Growing, Harvesting, activities that are traditionally Packing, and Holding of Produce for crops, the raising of animals (including seafood), or any combination of these performed on farms for the purpose of Human Consumption’’ (80 FR 74354 at removing raw agricultural commodities 74475) and discussion under Comment activities. The term ‘‘farm’’ includes operations that, in addition to these from the place they were grown or 291 in the same document (80 FR 74354 raised and preparing them for use as at 74472 to 74473). activities: (i) Pack or hold raw agricultural food. Harvesting is limited to activities List of Subjects in 21 CFR Part 112 commodities; performed on raw agricultural Foods, Fruits and vegetables, (ii) Pack or hold processed food, commodities, or on processed foods Incorporation by reference, Packaging provided that all processed food used in created by drying/dehydrating a raw and containers, Recordkeeping such activities is either consumed on agricultural commodity without requirements, Safety. that farm or another farm under the additional manufacturing/processing, same management, or is processed food on a farm. Harvesting does not include PART 112—STANDARDS FOR THE identified in paragraph (1)(iii)(B)(1) of activities that transform a raw GROWING, HARVESTING, PACKING, this definition; and agricultural commodity into a processed AND HOLDING OF PRODUCE FOR (iii) Manufacture/process food, food as defined in section 201(gg) of the HUMAN CONSUMPTION provided that: Federal Food, Drug, and Cosmetic Act. (A) All food used in such activities is Examples of harvesting include cutting ■ 1. The authority citation for 21 CFR consumed on that farm or another farm (or otherwise separating) the edible part 112 continues to read as follows: under the same management; or portion of the raw agricultural
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commodity from the crop plant and DEPARTMENT OF HOMELAND without prior notice and opportunity to removing or trimming part of the raw SECURITY comment when the agency for good agricultural commodity (e.g., foliage, cause finds that those procedures are husks, roots or stems). Examples of Coast Guard ‘‘impracticable, unnecessary, or contrary harvesting also include cooling, field to the public interest.’’ Under 5 U.S.C. coring, filtering, gathering, hulling, 33 CFR Part 165 553(b)(B), the Coast Guard finds that shelling, sifting, threshing, trimming of [Docket Number USCG–2016–0109] good cause exists for not publishing a outer leaves of, and washing raw Notice of Proposed Rulemaking (NPRM) RIN 1625–AA00 agricultural commodities grown on a with respect to this rule because doing farm. so would be impracticable and contrary Safety Zone; Hudson River, Jersey to the public interest. The event sponsor * * * * * City, NJ, Manhattan, NY was late in submitting the marine event Packing means placing food into a AGENCY: Coast Guard, DHS. application. This late submission did container other than packaging the food not give the Coast Guard enough time to ACTION: Temporary final rule. and also includes re-packing and publish an NPRM and solicit comments activities performed incidental to SUMMARY: The Coast Guard is from the public before establishing a packing or re-packing a food (e.g., establishing a temporary safety zone on safety zone. The nature of the Louis activities performed for the safe or the navigable waters of the Hudson Vuitton America’s Cup World Series effective packing or re-packing of that River in the vicinity of Manhattan, NY, New York 2016 requires the immediate food (such as sorting, culling, grading, and Jersey City, NJ for the Louis Vuitton establishment of a safety zone. and weighing or conveying incidental to America’s Cup World Series New York Publishing an NPRM and delaying the packing or re-packing)), but does not 2016 regatta. This temporary safety zone effective date of this rule to await public include activities that transform a raw is necessary to protect all participating comment inhibits the Coast Guard’s ability to fulfill its statutory mission to agricultural commodity into a processed and spectator vessels from the hazards protect ports, waterways, and the food as defined in section 201(gg) of the associated with regattas in high traffic maritime public. We are issuing this Federal Food, Drug, and Cosmetic Act. areas. This rule is intended to restrict all vessels from a portion of the Hudson rule, and under 5 U.S.C. 553(d)(3), the * * * * * River during the event. Coast Guard finds that good cause exists Small business means a farm that is for making it effective less than 30 days DATES: This rule is effective from 11:30 after publication in the Federal subject to any of the requirements of a.m. on Friday, May 6, 2016 through this part and, on a rolling basis, the Register. The rule must become 5:00 p.m. on Sunday, May 8, 2016. This effective on the date specified in order average annual monetary value of rule will be enforced between 11:30 a.m. produce (as defined in this section) the to provide for the safety of spectators to 5:00 p.m. from Friday, May 6, 2016 and vessels operating in the area near farm sold during the previous 3-year through Sunday, May 8, 2016. period is no more than $500,000; and this event. Delaying the effective date of ADDRESSES: To view documents this rule would be contrary to the public the farm is not a very small business as mentioned in this preamble as being interest and would expose spectators defined in this section. available in the docket, go to http:// and vessels to the hazards associated * * * * * www.regulations.gov, type USCG–2016– with the regattas. The sponsor advised Very small business means a farm that 0109 in the ‘‘SEARCH’’ box and click that any change to the date of the event is subject to any of the requirements of ‘‘SEARCH.’’ Click on Open Docket would cause economic hardship on the this part and, on a rolling basis, the Folder on the line associated with this event sponsor, negatively impacting average annual monetary value of rule. other activities being held in produce (as defined in this section) the FOR FURTHER INFORMATION CONTACT: If conjunction with the event. farm sold during the previous 3-year you have questions about this proposed III. Legal Authority and Need for Rule period is no more than $250,000. rulemaking, call or email LTJG Christopher Dunn, Sector New York The Coast Guard is issuing this rule * * * * * Waterways Management Division, U.S. under the authority in 33 U.S.C. 1231. ■ 3. In § 112.55, revise paragraph (b) to Coast Guard; telephone 718–354–4012, The Louis Vuitton America’s Cup World read as follows: email [email protected]. Series 2016, is planned to take place over a 3 day period between the dates SUPPLEMENTARY INFORMATION: § 112.55 What microbial standards apply of May 6–8, 2016, on the Hudson River to the treatment processes in § 112.54? I. Table of Abbreviations in the vicinity of Manhattan, NY. The Series is composed of daily racing of * * * * * CFR Code of Federal Regulations DHS Department of Homeland Security high-speed, high-performance sailing (b) Salmonella species are not vessels. The racing of these vessels on detected using a method that can detect FR Federal Register NPRM Notice of proposed rulemaking the Hudson River along Manhattan, NY three MPN Salmonella species per 4 § Section is expected to generate national and grams (or milliliter, if liquid is being U.S.C. United States Code international media coverage, and sampled) of total solids; and less than attract spectators on a number of II. Background Information and 1,000 MPN fecal coliforms per gram (or recreational vessels and excursion Regulatory History milliliter, if liquid is being sampled) of vessels. total solids. The Coast Guard is issuing this The Coast Guard is proposing Dated: April 21, 2016. temporary rule without prior notice and establishing this safety zone, in opportunity to comment pursuant to conjunction with the Louis Vuitton Leslie Kux, authority under section 4(a) of the America’s Cup World Series 2016, to Associate Commissioner for Policy. Administrative Procedure Act (APA) (5 ensure the protection of the maritime [FR Doc. 2016–09768 Filed 5–2–16; 8:45 am] U.S.C. 553(b)). This provision public and event participants from the BILLING CODE 4164–01–P authorizes an agency to issue a rule hazards associated with large-scale
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marine events. The Coast Guard V. Regulatory Analyses While some owners or operators of anticipates some concern with the We developed this rule after vessels intending to transit the safety proposed safety zone by mariners, considering numerous statutes and zone may be small entities, for the especially commercial vessel operators, Executive order related to rulemaking. reasons stated in section V.A above, this as vessel transits on the Hudson River Below we summarize our analyses rule will not have a significant along Manhattan may be restricted for a based on a number of these statutes and economic impact on any vessel owner portion of each day for three Executive orders, and we discuss First or operator. Under section 213(a) of the consecutive days. The Hudson River is Amendment rights of protestors. Small Business Regulatory Enforcement the site of many marine events each year Fairness Act of 1996 (Pub. L. 104–121), and recreational and commercial vessel A. Regulatory Planning and Review we want to assist small entities in traffic is frequently heavy. The Coast Executive Orders 12866 and 13563 understanding this rule. If the rule Guard Sector New York Vessel Traffic direct agencies to assess the costs and would affect your small business, Service routinely works with the local benefits of available regulatory organization, or governmental marine pilot organization and shipping alternatives and, if regulation is jurisdiction and you have questions agents to coordinate vessel transits necessary, to select regulatory concerning its provisions or options for during marine events on the Hudson approaches that maximize net benefits. compliance, please contact the person River, and will continue to do so for the Executive Order 13563 emphasizes the listed in the FOR FURTHER INFORMATION Louis Vuitton America’s Cup World importance of quantifying both costs CONTACT section. Series 2016 to avoid major interruptions and benefits, of reducing costs, of Small businesses may send comments to shipping schedules. harmonizing rules, and of promoting on the actions of Federal employees who enforce, or otherwise determine IV. Discussion of the Rule flexibility. This rule has not been designated a ‘‘significant regulatory compliance with, Federal regulations to The Louis Vuitton America’s Cup action,’’ under Executive Order 12866. the Small Business and Agriculture World Series 2016 regatta is scheduled Accordingly, it has not been reviewed Regulatory Enforcement Ombudsman to occur on the navigable waters of a by the Office of Management and and the Regional Small Business Hudson River in the vicinity of Budget. Regulatory Fairness Boards. The Manhattan, NY and Jersey City, NJ from The potential impact on the public Ombudsman evaluates these actions May 6–8, 2016. This event will involve will be minimized for the following annually and rates each agency’s high-speed, high-performance sailing reasons: Vessels will only be restricted responsiveness to small business. If you vessels that will compete in a series of from the designated safety zone for a wish to comment on actions by daily races. This event is expected to maximum of 6 hours per day for a employees of the Coast Guard, call 1– generate national and international maximum of 3 days; marine traffic will 888–REG–FAIR (1–888–734–3247). The media coverage, and attract thousands be permitted to transit the Hudson river Coast Guard will not retaliate against of spectators on hundreds of along the New Jersey side of the river for small entities that question or complain commercial and recreational vessels. the duration of this event and will be about this rule or any policy or action The COTP proposes the establishment minimally impacted by the of the Coast Guard. of a temporary safety zone on the establishment of a temporary safety C. Collection of Information navigable waters of the Hudson River to zone; vessels including those that ensure the protection of the maritime require access to pier berths along the This rule will not call for a new public and event participants from the Manhattan side of the river will be collection of information under the hazards associated with this event. This permitted to enter or pass through the Paperwork Reduction Act of 1995 (44 temporary safety zone will begin in the affected waterway with the permission U.S.C. 3501–3520). vicinity of the Battery and extend north of the COTP or the COTP’s to approximately North Cove, D. Federalism and Indian Tribal representative. Governments Manhattan, NY. The Coast Guard Notifications of this event and its anticipates some concern by mariners, associated safety zone will be made to A rule has implications for federalism especially commercial vessel operators, mariners through advisory notice, Local under Executive Order 13132, that vessel transits on the Hudson River Notice to Mariners, event sponsors, and Federalism, if it has a substantial direct along Manhattan may be restricted for a local media. Notifications will be made effect on the States, on the relationship portion of each day for three well in advance of the event’s between the national government and consecutive days. To ensure the safe commencement and last throughout the the States, or on the distribution of and efficient movement of vessels in event. power and responsibilities among the this area, a portion of the navigable various levels of government. We have waterway will remain available for use B. Impact on Small Entities analyzed this rule under that Order and along the western side of the navigable The Regulatory Flexibility Act of have determined that it is consistent channel. In addition, the Coast Guard 1980, 5 U.S.C. 601–612, as amended, with the fundamental federalism Sector New York Vessel Traffic Service requires Federal agencies to consider principles and preemption requirements will continue to communicate and the potential impact of regulations on described in Executive Order 13132. coordinate vessel movements that occur small entities during rulemaking. The Also, this rule does not have tribal in the vicinity of this area for the term ‘‘small entities’’ comprises small implications under Executive Order entirety of this marine event. businesses, not-for-profit organizations 13175, Consultation and Coordination Safety zone enforcement will be that are independently owned and with Indian Tribal Governments, effective each day over a three operated and are not dominant in their because it does not have a substantial consecutive day period starting May 6– fields, and governmental jurisdictions direct effect on one or more Indian 8, 2016. Safety zone enforcement will with populations of less than 50,000. tribes, on the relationship between the begin each day at approximately 11:30 The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes, a.m. and continue until the Americas 605(b) that this rule will not have a or on the distribution of power and Cup races are completed for the day, but significant economic impact on a responsibilities between the Federal no later than 5:00 p.m. substantial number of small entities. Government and Indian tribes. If you
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believe this rule has implications for For the reasons discussed in the light or other means, the operator of a federalism or Indian tribes, please preamble, the Coast Guard amends 33 vessel shall proceed as directed. contact the person listed in the FOR CFR part 165 as follows: (4) Spectators or other vessels shall FURTHER INFORMATION CONTACT section not anchor, block, loiter, or impede the above. PART 165—REGULATED NAVIGATION movement of event participants or AREAS AND LIMITED ACCESS AREAS official patrol vessels in the safety E. Unfunded Mandates Reform Act zones. ■ The Unfunded Mandates Reform Act 1. The authority citation for part 165 (5) Vessel operators desiring to enter of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows: or operate within the safety zone shall Federal agencies to assess the effects of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; contact the COTP or the designated their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 and representative via VHF channel 16, the particular, the Act addresses actions Department of Homeland Security Delegation Vessel Traffic Service via VHF channel that may result in the expenditure by a No. 0170.1 14 or the Sector New York Command State, local, or tribal government, in the ■ 2. Add § 165.T01–0109 to read as Center via 718–354–4353 to obtain aggregate, or by the private sector of follows: permission to do so. $100,000,000 (adjusted for inflation) or Dated: April 12, 2016. more in any one year. Though this rule § 165.T01–0109 Safety Zone; Hudson River, Manhattan, NY. M.H. Day, will not result in such an expenditure, (a) Regulated Area. The following area Captain, U.S. Coast Guard, Captain of the we do discuss the effects of this rule Port New York. elsewhere in this preamble. is a temporary safety zone: All navigable waters of the Hudson River bound by [FR Doc. 2016–10305 Filed 5–2–16; 8:45 am] F. Environment the following coordinates: Beginning at BILLING CODE 9110–04–P ° ′ ° ′ We have analyzed this rule under 40 43.441 N., 74 01.538 W.; thence to ° ′ ° ′ Department of Homeland Security 40 43.390 N., 74 01.015 W.; thence to ° ′ ° ′ DEPARTMENT OF HOMELAND Management Directive 023–01 and 40 42.846 N., 74 01.143 W.; thence to ° ′ ° ′ SECURITY Commandant Instruction M16475.lD, 40 41.992 N., 74 01.230 W.; thence to ° ′ ° ′ which guide the Coast Guard in 40 41.995 N., 74 01.916 W.; thence Coast Guard complying with the National back to the starting point. Environmental Policy Act of 1969 (42 (b) Effective Period. This rule will be 33 CFR Part 165 U.S.C. 4321–4370f), and have effective from May 6–8, 2016. This rule [Docket No. USCG–2016–0345] determined that this action is one of a will be enforced daily from category of actions that do not approximately 11:30 a.m. until the Safety Zone, Chicago Harbor, Navy individually or cumulatively have a America’s Cup races are completed for Pier Southeast, Chicago, IL significant effect on the human the day, but no later than 5:00 p.m. environment. This rule involves the (c) Definitions. The following AGENCY: Coast Guard, DHS. establishment of a safety zone lasting definitions apply to this section: ACTION: Notice of enforcement of approximately 6 hours for 3 days and is (1) Designated Representative. regulation. designed to minimize the impact to ‘‘Designated representative’’ means any vessel traffic on the navigable waters, Coast Guard commissioned, warrant, or SUMMARY: The Coast Guard will enforce vessels will be able to transit around the petty officer of the U.S. Coast Guard the Navy Pier Southeast Safety Zone zone in a safe manner. It is categorically who has been designated by the COTP within the Chicago Harbor during excluded from further review under New York, to act on his or her behalf. specified times from April 23, 2016 paragraph 34(g) of Figure 2–1 of the The designated representative may be through January 1, 2017. This action is Commandant Instruction. An on an official patrol vessel or may be on necessary and intended to ensure the environmental analysis checklist shore and will communicate with safety of life and property on navigable supporting this determination and a vessels via VHF–FM radio or loudhailer. waters prior to, during, and immediately Categorical Exclusion Determination In addition, members of the Coast Guard after the firework displays. During the will be available in the docket where Auxiliary may be present to inform enforcement periods listed below, the indicated under ADDRESSES. We seek vessel operators of this regulation. Coast Guard will enforce restrictions any comments or information that may (2) Official Patrol Vessels. ‘‘Official upon, and control movement of vessels lead to the discovery of a significant patrol vessel’’ means any Coast Guard, that transit this regulated area with the environmental impact from this rule. Coast Guard Auxiliary, state, or local approval from the Captain of the Port law enforcement vessels assigned or Lake Michigan. G. Protest Activities approved by the COTP. DATES: The regulation in 33 CFR The Coast Guard respects the First (d) Regulations. (1) The general 165.931 will be enforced at specified Amendment rights of protesters. regulations contained in 33 CFR 165.23, times between April 23, 2016 through Protesters are asked to contact the as well as the following regulations, January 1, 2017. person listed in the FOR FURTHER apply. FOR FURTHER INFORMATION CONTACT: If INFORMATION CONTACT section to (2) No vessels, except for those you have questions about this notice of coordinate protest activities so that your participating in the regatta, will be enforcement, call or email LT Lindsay message can be received without allowed to transit the safety zone Cook, Waterways Management Division, jeopardizing the safety or security of without the permission of the COTP or Marine Safety Unit Chicago, at 630– people, places or vessels. designated representative. 986–2155, email address (3) All persons and vessels shall [email protected]. List of Subjects in 33 CFR Part 165 comply with the instructions of the SUPPLEMENTARY INFORMATION: The Coast Marine safety, Navigation (water), COTP or the designated representative. Guard will enforce Safety Zone; Chicago Reporting and recordkeeping Upon being hailed by a U.S. Coast Harbor, Navy Pier Southeast, Chicago, requirements, Waterways. Guard vessel by siren, radio, flashing IL listed in 33 CFR 165.931, on April 23,
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2016 from 10 p.m. until 10:45 p.m. and SUMMARY: This final rule revises the document applies to them. Potentially on each Saturday between May 28, 2016 current pesticide tolerance crop affected entities may include: through September 3, 2016 from 10 p.m. grouping regulations, which allow the • Crop production (NAICS code 111). until 10:45 p.m. and each Wednesday establishment of tolerances for multiple • Animal production (NAICS code from June 1, 2016 through August 31, related crops based on data from a 112). 2016 at 9:15 p.m. until 10 p.m. representative set of crops. This rule • Food manufacturing (NAICS code Additionally, this safety zone will also creates five new crop groups, three new 311). be enforced on May 27, 2016 from 9 and two revised commodity definitions • Pesticide manufacturing (NAICS p.m. until 10:30 p.m., on June 10, 2016 and revises the regulations on the code 32532). from 9:15 p.m. until 10 p.m., on July 4, interaction of crop group tolerances 2016 from 9:15 p.m. until 10 p.m., on with processed food, meat, milk, and II. Background July 28, 2016, July 29, 2016, September egg tolerances. These revisions will A. What action is the Agency taking? 10, 2016, and October 29, 2016 from promote greater use of crop groupings This final rule revises EPA’s 9:15 p.m. until 10:30 p.m., and on for tolerance-setting purposes, both regulations governing crop group December 31, 2016 from 11:45 p.m. domestically and in countries that tolerances for pesticides. Specifically, until 12:30 a.m. on January 1, 2017. export food to the United States. This is this rule creates five new crop groups, This safety zone encompasses all the fourth in a series of planned crop three new and two revised commodity waters of Lake Michigan within Chicago group updates. definitions, and revises the regulations Harbor bounded by coordinates DATES: This final rule is effective July 5, on the interaction of crop group beginning at 41°53′26.5″ N, 087°35′26.5″ 2016. tolerances with processed food, meat, W; then south to 41°53′7.6″ N, ADDRESSES: The docket for this action, milk, and egg tolerances. This final rule 087°35′26.3″ W; then west to 41°53′7.6″ identified by docket identification (ID) is the fourth in a series of crop group N, 087°36′23.2″ W; then north to number EPA–HQ–OPP–2006–0766, is updates expected to be promulgated in 41°53′26.5″ N, 087°36′24.6″ W; then east available at http://www.regulations.gov the next several years. back to the point of origin (NAD 83). or at the Office of Pesticide Programs During the enforcement period, no Regulatory Public Docket (OPP Docket) B. What is the agency’s authority for vessel may transit this regulated area in the Environmental Protection Agency taking this action? without approval from the Captain of Docket Center (EPA/DC), West William This rule is issued under the authority the Port Lake Michigan (COTP) or a Jefferson Clinton Bldg., Rm. 3334, 1301 of section 408(e)(1)(C) of the Federal COTP designated representative. Vessels Constitution Ave. NW., Washington, DC Food, Drug and Cosmetic Act (FFDCA), and persons granted permission to enter 20460–0001. The Public Reading Room which authorizes EPA to establish the safety zone shall obey all lawful is open from 8:30 a.m. to 4:30 p.m., ‘‘general procedures and requirements orders or directions of the Captain of the Monday through Friday, excluding legal to implement (section 408).’’ 21 U.S.C. Port Lake Michigan, or his or her on- holidays. The telephone number for the 346a(e)(1)(C). Under FFDCA section scene representative. Public Reading Room is (202) 566–1744, 408, EPA establishes tolerances for This notice of enforcement is issued and the telephone number for the OPP pesticide chemical residues in or on under authority of 33 CFR 165.931 and Docket is (703) 305–5805. Please review food, where there is a reasonable 5 U.S.C.552 (a). In addition to this the visitor instructions and additional certainty that no harm will result from notice in the Federal Register, the Coast information about the docket available aggregate exposure to the pesticide Guard will provide the maritime at http://www.epa.gov/dockets. chemical residue. A tolerance is the community with advance notification of FOR FURTHER INFORMATION CONTACT: maximum permissible residue level this enforcement period via Broadcast For general information contact: established for a pesticide in raw Notice to Mariners or Local Notice to Rame´ Cromwell, Field and External agricultural produce and processed Mariners. The Captain of the Port Lake Affairs Division (7506P), Office of foods. The crop group regulations Michigan or a designated on-scene Pesticide Programs, Environmental currently in 40 CFR 180.40 and 180.41 representative may be contacted via Protection Agency, 1200 Pennsylvania enable the establishment of tolerances Channel 16, VHF–FM. Ave. NW., Washington, DC 20460–0001; for a crop group based on residue data Dated: April 21, 2016. telephone number: (703) 308–9068; for certain crops that are representative A.B. Cocanour, email address: [email protected]. of the group. For technical information contact: Captain, U.S. Coast Guard, Captain of the III. The Proposed Rule Port Lake Michigan. Barbara Madden, Registration Division [FR Doc. 2016–10304 Filed 5–2–16; 8:45 am] (7505P), Office of Pesticide Programs, EPA published a notice of proposed BILLING CODE 9110–04–P Environmental Protection Agency, 1200 rulemaking in the Federal Register on Pennsylvania Ave. NW., Washington, November 14, 2014 (79 FR 68153) (FRL– DC 20460–001; telephone number: (703) 9918–40). Written comments were 305–6463; email address: ENVIRONMENTAL PROTECTION received from seven parties in response [email protected]. AGENCY to the proposal: Three private citizens, SUPPLEMENTARY INFORMATION: the University of Hawaii, the Hawaii 40 CFR Part 180 Farm Bureau Federation, the Minor I. Does this action apply to me? Crop Farmer Alliance, and the [EPA–HQ–OPP–2006–0766; FRL–9944–87] You may be potentially affected by Interregional Research Project Number this action if you are an agricultural (IR–4). Pesticide Tolerance Crop Grouping producer or food manufacturer. The Program Amendment IV following list of North American IV. Response to Comments AGENCY: Environmental Protection Industrial Classification System In this unit, EPA describes the major Agency (EPA). (NAICS) codes is not intended to be provisions of the proposed rule, the exhaustive, but rather provides a guide comments received on each provision, ACTION: Final rule. to help readers determine whether this EPA’s responses to those comments, and
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EPA’s determination regarding the final cultural practices; pest problems; the was proposed as ‘‘Crop Group 5–14: rule. edible food portions and lack of Head and Stem Brassica Vegetable livestock feed portions; potential to Group’’, this change is needed to reflect A. Crop Group 4–16: Leafy Vegetable result in similar dietary exposure to the correct year of establishment, which Group pesticide residues; and similarities in is 2016. 1. Revise the proposed crop group geographical locations and processing 1. Revise existing commodities. The name. EPA is adopting its proposal to techniques; and the established final rule revises Crop Group 5–16 to expand ‘‘Crop Group 4: Leafy Vegetables tolerances for commodities currently include five commodities. (Except Brassica Vegetables) Group’’ to within subgroup 4A (Ref. 1). EPA 2. Revise representative commodities. both add and remove commodities and expects that all proposed members of The final rule revises the representative to restructure the group. EPA revises the the crop subgroup 4–16A will generally commodities for Crop Group 5–16 by name of the new crop group to ‘‘Crop have similar residue levels based on designating Broccoli or Cauliflower, and Group 4–16: Leafy Vegetable Group.’’ these similarities and has determined Cabbage as the representative Although the new crop group was that it is appropriate to include the commodities. proposed as ‘‘Crop Group 4–14: Leafy proposed commodities, including 3. Remove subgroups. The final rule Vegetable Group’’, this change is needed lettuce, in Crop Group 4–16 and adopts the proposal not to include in order to reflect the correct year of subgroup 4–16A. subgroups in Crop Group 5–16. establishment, which is 2016. The final In determining the appropriate EPA received no comments on this rule retains the pre-existing Crop Group representative commodities for this crop provision and adopts its proposal 4 as described in Unit VI. group and subgroup, the Agency without change. 2. Add new commodities. The final considered which commodities are most rule expands the leafy vegetable crop likely to contain the highest residues; to C. New Crop Group 22: Stalk, Stem and group from the existing 27 commodities be the highest produced and/or Leaf Petiole Group to 62 commodities in Crop Group 4–16: consumed; and to be similar in EPA received no comments on the Leafy Vegetable Group. morphology, growth habit, pest addition of this new Crop Group and 3. Revise representative commodities problems, and edible portion to the adopts its proposal without change. for new crop group. The final rule related commodities within a group or 1. Commodities. The final rule adopts retains the proposed four representative subgroup. EPA determined that head 19 commodities to the new Crop Group commodities for Crop Group 4–16: Head lettuce, leaf lettuce, mustard greens, and 22. lettuce, leaf lettuce, mustard greens, and spinach are the appropriate 2. Representative Commodities. The spinach. representatives for the crop group, final rule adopts the proposed EPA received an anonymous because these commodities account for Asparagus and Celery as representative comment to make lettuce a separate >95% of the total leafy vegetable commodities. subgroup under Crop Group 4–16 and harvested acres reported in the United 3. New Subgroups. The final rule adopt other crops as representative States Department of Agriculture adopts the proposed two subgroups to crops for Crop Group 4–16. The (USDA) Census of Agriculture and are the new Crop Group 22. commenter indicated that lettuce is also the highest consumed commodities i. Stalk and stem vegetable subgroup intolerant of most herbicides and on a per capita basis in the group. These 22A. (Representative commodity- proposed that lettuce be established as commodities have a long regulatory Asparagus). Twelve commodities are a separate subgroup and other crops be history as being representative included in this subgroup. adopted as better representative commodities for Crop Groups 4 and 5 ii. Leaf petiole vegetable subgroup commodities for the crop group. (Ref. 1). 22B. (Representative commodity- However, the commenter did not 4. New subgroups. The final rule Celery). Seven commodities are provide any additional information or retains the proposed addition of two included in this subgroup. suggest what alternative crop would be subgroups to the revised Crop Group 4– 4. Amendment to Definitions and more appropriate as the representative 16. Interpretations. In conjunction with crop. To address this comment, EPA i. Leafy greens subgroup 4–16A. new Crop Group 22, EPA is adopting reviewed data for all commodities (Representative commodities- Head two new commodity definitions that included in the proposed Crop Group 4– lettuce, Leaf lettuce, and Spinach). were proposed for Fern, edible and 16, including the commodities that Forty-two commodities are included in Palm hearts to be added to § 180.1(g), as would be appropriate for inclusion in this subgroup. specified in this final rule. Leafy Green subgroup 4–16A and ii. Brassica leafy greens subgroup 4– No comments were submitted on this Brassica Leafy Greens subgroup 4–16B. 16B. (Representative commodity- provision, and EPA adopts its proposal EPA has determined that lettuce would Mustard greens). Twenty commodities without change. continue to be appropriately included in are included in this subgroup. Crop Group 4 with the other vegetables D. New Crop Group 23: Tropical and based on similarities in the plant B. Crop Group 5–16: Head and Stem Subtropical Fruit, Edible Peel Group morphology; cultural practices; similar Brassica Vegetable Group EPA received three comments to the pest problems; the similar edible food EPA proposed to remove commodities proposed Crop Group 23. The Agency portions and lack of livestock feed and to restructure existing Crop Group received one comment about the portions; potential to result in similar 5, as Brassica (Cole) Leafy Vegetables proposed representative commodity for dietary exposure to pesticide residues; Crop Group 5–16. EPA received no Crop subgroup 23A, which is addressed similarities in geographical locations comments on this proposal and in Unit IV D.2, and another comment and processing techniques; and the therefore is adopting the proposed about a commodity definition for guava, established tolerances for commodities changes as final with one minor which is addressed in Unit IV D.4. currently within subgroup 4A (Ref. 1). modification. EPA is revising the name Additionally, EPA received a comment Similarly, the Agency is including of the new crop group to ‘‘Crop Group from IR–4 requesting that Achachairu´ lettuce in subgroup 4–16A based on 5–16: Head and Stem Brassica Vegetable (Garcinia gardneriana (Planch. & similarities in plant morphology; Group.’’ Although the new crop group Triana) Zappi) be added to the proposed
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Crop subgroup 24B. After reviewing the produced and/or consumed; to be did not propose such a definition in the comment and considering available similar in morphology, growth habit, proposed rule and concluded that a information, EPA determined that it pest problems and edible portion to the guava definition was not necessary would be appropriate to include related commodities within a group or because it is one of the proposed Achachairu´ in Subtropical Fruit, subgroup; and to have production in the representative commodities for crop medium to large fruit, edible peel United States. EPA determined olive is subgroup 23B, ‘‘Tropical and subgroup 23B; this is addressed in Unit the appropriate representative for Subtropical, medium to large fruit, IV D.3. subgroup 23A for several reasons. First, edible peel subgroup’’. In conjunction The Agency also received a comment in general, the smaller the fruit, the with new Crop Group 23, EPA received on the name ‘‘Tropical and Subtropical’’ larger the ratio of surface area to weight; a comment to the proposed rule from being removed from the proposed therefore, pesticide deposits on olives IR–4 that stated, in part: ‘‘. . . IR–4 subgroups titled ‘‘small fruit, edible peel are expected to be higher than on wax believes that this definition [for guava] subgroup 23A’’, ’’ medium to large fruit, jambu or Costa Rican guava. Because of is necessary because both fig and guava edible peel subgroup 23B’’, and ‘‘palm their size, olives are expected to have a are required as representative fruit, edible peel subgroup 23C’’. higher residue than wax jambu or Costa commodities for Crop Subgroup 23B According to the commenter, these Rican guava. Second, olives account for and all of the related guava varieties and names could result in misunderstanding most of the harvested U.S. acres for the subspecies would not be covered except of what commodities are included in the members of subgroup 23A, whereas (as with a subgroup tolerance.’’ adopted Crop Group 23. noted by the commenter) wax jambu Upon review of the comment from IR– EPA agrees with the commenter that and Costa Rican guava are primarily 4, EPA agrees that a commodity removal of the names ‘‘Tropical and grown outside of the United States. definition for guava will be helpful to Subtropical’’ from the adopted Finally, the commodities in subgroup provide additional information on the subgroups could result in 23A are similar in fruit surface area, closely related species and varieties of misunderstandings and has changed the edible portions, and cultural practices. guava that are included for the subgroup names as follows: ‘‘Tropical 3. New Subgroups. The final rule commodity. Therefore, in conjunction and Subtropical, small fruit, edible peel adopts the proposed three subgroups to with new Crop Group 23 and Crop subgroup 23A’’; ‘‘Tropical and the new Crop Group 23. Subgroup 23B, EPA is adopting a Subtropical, medium to large fruit, i. Tropical and Subtropical, small commodity definition for Guava to be edible peel subgroup 23B’’; and fruit, edible peel subgroup 23A. added to § 180.1(g). ‘‘Tropical and Subtropical, palm fruit, (Representative commodity—Olive). No additional comments were edible peel subgroup 23C’’. EPA is Fifty-six commodities are included in adopting its proposal with these this subgroup. submitted on this provision, and EPA changes to the subgroup names. ii. Tropical and Subtropical, medium adopts its proposal with the changes 1. Commodities. The final rule adopts to large fruit, edible peel subgroup 23B. noted in the previous discussion. 109 commodities to the new Crop Group (Representative commodities—Fig and E. Crop Group 24: Tropical and 23. Guava). Forty-four commodities are Subtropical Fruit, Inedible Peel Group 2. Representative Commodities. The included in this subgroup after final rule adopts the proposed Olive, consideration of one comment received EPA received several comments to the Fig, Guava, and Date as representative concerning the addition of a proposed Crop Group 24, which are commodities after consideration of one commodity. individually addressed in this unit. comment received concerning the EPA received a comment from IR–4 The Agency received a comment representative commodity for Crop requesting that Achachairu´ (Garcinia objecting to ‘‘Tropical and Subtropical’’ subgroup 23A, Olive. gardneriana (Planch. & Triana) Zappi) being removed from the proposed An anonymous commenter provided, be added to the proposed Crop subgroup subgroups titled ‘‘Small Fruit, inedible in part, the following comment: ‘‘Having 24B. After reviewing the comment and peel subgroup 24A’’; ‘‘medium to large only a cool, subtropical fruit crop, i.e., considering available information, EPA fruit, smooth, inedible peel subgroup olive, as the representative for determined that the peel for Achachairu´ 24B’’; ‘‘medium to large fruit, rough or numerous tropical fruit crops . . . will is edible and is used in fruit drinks. hairy, inedible peel subgroup 24C’’; make conducting residue trials for these Therefore, EPA determined that it ‘‘Inedible Peel, cactus subgroup 24D’’; crops unlikely since these crops are not would be appropriate to include and ‘‘Inedible Peel, vine subgroup 24E’’. adapted to nor grown in cool, Achachairu´ in the Tropical and The commenter stated these names Mediterranean-like climates but in Subtropical Fruit, medium to large fruit, could result in misunderstanding of tropical regions.’’ The commenter edible peel subgroup 23B. USDA APHIS which commodities are included in the recommended that the EPA find a indicates Achachairu´ is already being adopted Crop Group 24. different representative commodity for legally imported into the U.S., and EPA agrees with the commenter that subgroup 23A and suggested that wax therefore, being a member of the crop removal of the names ‘‘Tropical and jambu or perhaps Costa Rican guava group will help avoid tolerance and Subtropical’’ from the adopted would be good choices. In response, import issues with this crop. subgroups as proposed, could result in EPA notes that there should not be a iii. Tropical and Subtropical, Palm misunderstanding. For clarity the need to conduct residue trials for the fruit, edible peel subgroup 23C. subgroups will be named as follows: other crops in the subgroup because the (Representative commodity—Date). ‘‘Tropical and Subtropical, small fruit, basis for crop grouping is that data for Nine commodities are included in this inedible peel subgroup 24A’’; ‘‘Tropical the representative commodity can be subgroup. and Subtropical, medium to large fruit, used to establish tolerances for the other 4. Amendment to Definitions and smooth, inedible peel subgroup 24B’’; commodities in the subgroup. Interpretations. IR–4 originally ‘‘Tropical and Subtropical, medium to Additionally, representative petitioned the EPA to develop a new large fruit, rough or hairy, inedible peel commodities are selected based on crop definition for guava to include subgroup 24C’’; ‘‘Tropical and commodities most likely to contain the many of the closely related genus Subtropical, inedible peel, cactus highest residues; to be the highest (Psidium), species and varieties. EPA subgroup 24D’’; and ‘‘Tropical and
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Subtropical, inedible peel, vine and EPA adopts its proposal without VI. Implementation subgroup 24E’’. change. When an existing crop group is 1. Commodities. The final rule adopts amended in a manner that expands or 104 commodities to the new Crop Group G. Other Comments contracts its coverage of commodities, 24. EPA received one comment from the EPA will retain the pre-existing crop 2. Representative Commodities. The Hawaii Farm Bureau Federation group in § 180.41; insert the revised final rule adopts the proposed Atemoya requesting that EPA ensure the crop group immediately after the pre- or Sugar apple; Avocado; Pomegranate opportunity for some other orphan existing crop group in § 180.41; and title or Banana; Dragon fruit; Prickly pear, crops grown in Hawaii to be listed in the revised crop group in a way that fruit; Lychee; Passionfruit; and future crop groupings scenarios. Those clearly differentiates it from the pre- Pineapple as representative crops of concern are coffee (Coffea existing crop group. commodities. arabica), tea (Camellia sinensis), awa/ The revised crop group will retain 3. New Subgroups. The final rule kava (Piper methysticum), moringa adopts the proposed five subgroups to roughly the same name and number as (Moringa oleifera), and noni (Morinda the pre-existing group, except the the new Crop Group 24. citrifolia). i. Tropical and Subtropical, Small number will be followed by a hyphen The primary reasons for the on-going and the final digits of the year fruit, inedible peel subgroup 24A. crop grouping effort is to include as (Representative commodity—Lychee). established (e.g., Crop Group 4–16). many orphan crops into groups, as EPA will initially retain pre-existing Nineteen commodities are included in appropriate, to facilitate trade and to the subgroup. crop groups that have been superseded provide tools for producers of minor by revised crop groups. EPA will not EPA received a comment from the and specialty crops. EPA is making University of Hawaii, requesting establish new tolerances under the pre- every effort to include all appropriate existing groups. Further, EPA plans to removal of Longan from subgroup 24C commodities into crop groups. The crop and placing it in Crop subgroup 24A. eventually convert tolerances for any groups discussed in this document are pre-existing crop group to tolerances The request is based on the size and based on five petitions developed by the texture of the fruit although it is similar with coverage under the revised crop International Crop Grouping Consulting group. This conversion will occur to lychee, the adopted representative Committee (ICGCC) workgroup and commodity for subgroup 24A. through the registration review process submitted to EPA by IR–4. EPA and in the course of evaluating new uses EPA agrees with the commenter to encourages the Hawaii Farm Bureau move Longan from Crop subgroup 24C for a pesticide registration. EPA requests Federation to participate in the ICGCC that petitioners for tolerances address to Crop subgroup 24A. Therefore, to ensure all commodities important to nineteen commodities are now in crop grouping in their petitions. For their growers are considered. existing petitions for which a Notice of subgroup 24A. Additionally, just as with this action, ii. Tropical and Subtropical, medium Filing has been published, the Agency there will be an opportunity to provide to large fruit, smooth, inedible peel will attempt to conform these petitions comments on any future proposed crop subgroup 24B. (Representative to this rule. groups. commodities—Avocado, plus VII. International Considerations Pomegranate or Banana) Forty-two One commenter disagreed with commodities are included in this placing Kei apple (Dovyalis caffra) and In the proposed rule, EPA described subgroup. Sapote, white (Casimiroa edulis) in other related activities involving active iii. Tropical and Subtropical, medium Crop Group 24. The commenter believes participation by its North American to large fruit, rough or hairy, inedible the edible peel of the fruit should place Free Trade Agreement partners, peel subgroup 24C. (Representative the fruits in Crop Group 23. EPA does Canada’s Pest Management Regulatory commodities—Pineapple, plus atemoya not agree that Crop Group 23 is Agency and the government of Mexico, or sugar apple). 26 commodities are appropriate for these two commodities. IR–4, and the Codex Committee on included in this subgroup. Kei apples are small, petalless, and Pesticide Residues. The goals of these As stated previously, the final rule clustered in the leaf axils. The aromatic activities remain minimizing differences moves Longan from the proposed Crop fruit is oblate or nearly round and long, within and among the United States and subgroup 24C to Crop subgroup 24A. with bright yellow, smooth but minutely Codex groups and to develop Therefore, there are now 26 downy, somewhat tough skin. Aromatic representative commodities for each commodities included in this subgroup. fruit is also mealy, apricot-textured, group that will be acceptable on an iv. Tropical and Subtropical, Inedible juicy, and has highly acid flesh. Most international basis, which in turn could peel, cactus subgroup 24D. people consider the fruit too acidic for lead to the increased harmonization of (Representative commodities—Dragon eating out-of-hand even when fully ripe. tolerances and MRL recommendations. The skin for Sapote, white is thin, fruit and Prickly pear fruit). Nine VIII. References commodities are included in this papery, smooth, inedible, and covered subgroup. with a very thin waxy bloom. The skin The following is a listing of the v. Tropical and Subtropical, Inedible should be thickly peeled to remove the documents that are specifically peel, vine subgroup 24E. (Representative bitter flesh underneath. Fruit can also be referenced in this document. The docket commodity—Passionfruit). Eight halved and the pulp can be scooped out. includes these documents and other information considered by EPA, commodities are included in this V. The Final Rule subgroup. including documents that are referenced No additional comments were After fully considering all comments, within the documents that are included submitted on this provision, and EPA EPA is amending the names of a few in the docket, even if the referenced adopts its proposal without change. commodities, and adopting changes to document is not physically located in its proposal as discussed in Unit IV. the docket. For assistance in locating F. Other Changes EPA is otherwise finalizing the rule as these other documents, please consult No comments were submitted on the proposed, and based on the rationales the person listed under FOR FURTHER proposed ‘‘other changes’’ provisions, set forth in the proposed rule. INFORMATION CONTACT.
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1. EPA. Bernard A. Schneider, Ph.D. substantial number of small entities applying only to those regulatory Selection of Representative Commodities under the RFA, 5 U.S.C. 601 et seq. In actions that concern environmental and Processed Commodities. July 24, making this determination, the impact health or safety risks that the EPA has 2014. Docket ID number EPA–HQ–OPP– 2006–0766. of concern is any significant adverse reason to believe may 2. EPA. Pesticide Tolerance Crop Grouping economic impact on small entities. An disproportionately affect children, per Program; Proposed Expansion; Proposed agency may certify that a rule will not the definition of ‘‘covered regulatory rule. Federal Register May 23, 2007 (77 have a significant economic impact on action’’ in section 2–202 of the FR 28920) (FRL–8126–1). a substantial number of small entities if Executive Order. This action is not 3. EPA. Pesticide Tolerance Crop Grouping the rule relieves regulatory burden, has subject to Executive Order 13045 Program; Final rule. Federal Register no net burden or otherwise has a because it does not concern an December 7, 2007 (72 FR 69150) (FRL– positive economic effect on the small environmental health risk or safety risk. 8343–1). entities subject to the rule. IX. Statutory and Executive Order This action provides regulatory relief H. Executive Order 13211: Actions That Reviews and regulatory flexibility. The new crop Significantly Affect Energy Supply, Distribution, or Use Additional information about these groups ease the process for an entity to statutes and Executive Orders can be request and for EPA to set pesticide This action is not subject to Executive found at http://www2.epa.gov/laws- tolerances on greater numbers of crops. Order 13211, May 22, 2001 (66 FR regulations/laws-and-executive-orders. Pesticides will be more widely available 28355), because it is not a significant to growers for use on crops, particularly regulatory action under Executive Order A. Executive Order 12866: Regulatory specialty crops. This action is not 12866. Planning and Review and Executive expected to have any adverse impact on I. National Technology Transfer and Order 13563: Improving Regulation and any entities, regardless of size. Regulatory Review Advancement Act (NTTAA) D. Unfunded Mandates Reform Act This rulemaking does not involve This action is not a significant (UMRA) regulatory action and was therefore not technical standards that would require submitted to the Office of Management This action does not contain an the consideration of voluntary and Budget (OMB) for review for review unfunded federal mandate of $100 consensus standards pursuant to under Executive Orders 12866, October million or more as described in UMRA, NTTAA section 12(d), 15 U.S.C. 272 4, 1993 (58 FR 51735) and 13563, 2 U.S.C. 1531–1538, and does not note. January 21, 2011 (76 FR 3821). significantly or uniquely affect small J. Executive Order 12898: Federal EPA prepared an analysis of the governments. Accordingly, this action is Actions To Address Environmental potential costs and benefits associated not subject to the requirements of Justice in Minority Populations and with the first proposed rule issued in UMRA, 2 U.S.C. 1501 et seq. Low-Income Populations this series of updates (Ref. 2). This E. Executive Order 13132: Federalism analysis, entitled ‘‘Economic Analysis This action does not involve special Proposed Expansion of Crop Grouping This action does not have federalism consideration of environmental justice Program,’’ is available in the docket. implications as specified in Executive related issues as specified in Executive Because the costs and benefits of each Order 13132, August 10, 1999 (64 FR Order 12898, February 16, 1994 (59 FR update to the crop grouping rule are 43255). It will not have substantial 7629). This action does not address essentially the same, and generally direct effects on the states, on the human health or environmental risks or involve reductions in regulatory relationship between the national otherwise have any disproportionate burdens and costs, EPA believes the government and the states, or on the high and adverse human health or May 23, 2007 economic analysis distribution of power and environmental effects on minority, low- continues to be applicable. This was responsibilities among the various income or indigenous populations. levels of government. Thus, Executive discussed in Unit V. of the proposed IX. Congressional Review Act rule for Group IV, and EPA did not Order 13132 does not apply to this receive any comments on the analysis or action. This action is subject to the CRA, 5 EPA’s findings. U.S.C. 801 et seq., and EPA will submit F. Executive Order 13175: Consultation a rule report to each House of the B. Paperwork Reduction Act (PRA) and Coordination With Indian Tribal Congress and to the Comptroller General This action does not impose any new Governments of the United States. This action is not information collection requirements that This action does not have tribal a ‘‘major rule’’ as defined by 5 U.S.C. would require additional review or implications as specified in Executive 804(2). Order 13175, November 9, 2000 (65 FR approval by OMB under the PRA, 44 List of Subjects in 40 CFR Part 180 U.S.C. 3501 et seq. However, this action 67249). This action will not have any is expected to reduce paperwork effect on tribal governments, on the Environmental protection, burdens associated with submissions for relationship between the Federal Administrative practice and procedure, tolerance related actions. For example, Government and the Indian tribes, or on Commodities, Pesticides and pests. it may reduce the number of residue the distribution of power and Dated: April 22, 2016. chemistry studies required to establish a responsibilities between the Federal James Jones, tolerance for a crop within these groups Government and Indian tribes. Thus, Assistant Administrator, Office of Chemical because instead of testing each crop, Executive Order 13175 does not apply Safety and Pollution Prevention. only the representative crops would to this action. Therefore, 40 CFR chapter I is need to be tested under a crop grouping G. Executive Order 13045: Protection of amended as follows: scheme. Children From Environmental Health PART 180—[AMENDED] C. Regulatory Flexibility Act (RFA) Risks and Safety Risks I certify that this action will not have EPA interprets Executive Order ■ 1. The authority citation for part 180 a significant economic impact on a 13045, April 23, 1997 (62 FR 19885) as continues to read as follows:
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Authority: 21 U.S.C. 321 (q), 346a and 371. ■ ii. Add in alphabetical order the The additions and revisions read as entries ‘‘Fern, edible, fiddlehead’’, follows: ■ 2. In § 180.1: ‘‘Guava’’, and ‘‘Palm hearts’’ to the table § 180.1 Definitions and interpretations. ■ i. Revise the entries for ‘‘Broccoli’’ and in paragraph (g). ‘‘Sugar apple’’ in the table in paragraph * * * * * (g). (g) * * *
A B
******* Broccoli ...... Broccoli, Chinese broccoli (gai lon, white flowering broccoli).
******* Fern, edible, fiddlehead ...... Fern, edible, fiddlehead including: Black lady fern, Deparia japonica (Thunb.) M. Kato; Bracken fern, Pteridium aquilinum (L.) Kuhn; Broad buckler fern, Dryopteris dilatata (Hoffm.) A. Gray; Cinnamon fern, Osmundastrum cinnamomeum (L.) C. Presl; Lady fern, Athyrium filix-femina (L.) Roth ex Mert.; Leather fern, Acrostichum aureum L.; Mother fern, Diplazium proliferum (Lam.) Thouars; Ostrich fern, Matteuccia struthiopteris (L.) Tod.; Vegetable fern, Diplazium esculentum (Retz.) Sw.; Zenmai fern, Osmuda japonica Thunb.
******* Guava ...... Guava (Psidium guajava L.); Guava, cattley (Psidium cattleyanum Sabine); Guava, Para (Psidium acutangulum DC.); Guava, purple strawberry (Psidium cattleyanum Sabine var. cattleyanum); Guava, strawberry (Psidium cattleyanum Sabine var. littorale (Raddi) Fosberg); Guava, yellow strawberry (Psidium cattleyanum Sabine var. cattleyanum forma lucidum O. Deg.)
******* Palm hearts ...... Palm hearts, various species, including: African fan palm, Borassus aethiopum Mart.; Cabbage palm, Euterpe oleracea Mart.; Cabbage palmetto, Sabal palmetto (Walter) Schult. & Schult. f.; Coconut, Cocos nucifera L.; Pal- myra palm, Borassus flabellifera L.; Peach Palm, Bactris gasipaes Kunth; Royal palm, Roystonea oleracea (Jacq.) O.F. Cook; Salak palm, Salacca zalacca (Gaertn.) Voss; Saw palmetto, Serenoa repens (W. Bartram) Small; Wine palm, Raphia spp.
******* Sugar apple ...... Annona squamosa L. and its hybrid atemoya (Annona cherimola Mill X A. squamosa L.) Also includes true custard apple (Annona reticulata L.).
*******
* * * * * higher concentration than the raw the precursor raw commodities are agricultural commodity. grown solely for sale as raw ■ 3. In § 180.40, revise paragraphs (e) (f)(1) General. EPA will not establish commodities and are completely and (f) to read as follows: a crop group for a pesticide unless all segregated from commodities grown for § 180.40 Tolerances for crop groups. tolerances made necessary by the the purpose of producing processed presence of pesticide residues in the foods, derivative raw commodities, and * * * * * crop group commodities have been commodities, or fractions thereof, that (e) Since a group tolerance reflects issued or are being issued are used as animal feed. maximum residues likely to occur on all simultaneously with the crop group (2) Processed commodity and related individual crops within a group, the tolerance. For purposes of paragraph raw commodity crop group tolerances. proposed or registered patterns of use (f)(1): EPA may establish crop group (i) Necessary tolerances for residues for all crops in the group or subgroup tolerances for processed commodities or resulting from crop group tolerances must be similar before a group tolerance fractions of commodities (e.g., bran and is established. The pattern of use include: (A) Tolerances for processed food, flour from the Cereal Grains Group), consists of the amount of pesticide including processed fractions used as applied, the number of times applied, including processed animal feed, to the extent needed under FFDCA section animal feed (e.g., pomace from the Pome the timing of the first application, the Fruit Group), produced from crops in interval between applications, and the 408(a)(2). (B) Tolerances for raw commodities the crop groups in § 180.41. EPA may interval between the last application not covered by the crop group tolerance establish crop group tolerances for raw and harvest. The pattern of use will also that are derivative of commodities in the commodities or fractions of include the type of application; for group. commodities, including fractions used example, soil or foliar application, or (C) Tolerances for meat, milk, or egg as animal feed, derived from application by ground or aerial products that may contain residues as a commodities covered by the crop groups equipment. Additionally, since a group result of livestock’s consumption of in § 180.41 (e.g., aspirated grain dust tolerance reflects maximum residues animal feed containing pesticide associated with the Cereal Grains likely to occur on all individual foods residues to the extent needed under Group). Crop group tolerances on within a group, food processing § 180.6(b). processed foods and derivative raw practices must be similar for all crops in (ii) Notwithstanding the foregoing, a commodities may be based on data on the group or subgroup if the processing tolerance is not considered necessary for representative commodities for practice has the potential to result in processed food, derivative raw associated crop group. Paragraphs (c), residues in a processed commodity at a commodities, or meat, milk, and eggs if (d), (e), (g), and (h) of § 180.40 apply to
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group tolerances authorized by the processing of the representative ■ vii. Add paragraphs (c)(31), (32), and paragraph (f)(2). commodity has the potential to result in (33). (3) Representative crops. Unless residues in a processed commodity at a The additions and revisions read as indicated otherwise in §§ 180.40 and higher concentration than in the follows: 180.41, the processed food and feed representative commodity. Residue data forms of the representative crops for a are required on raw commodities § 180.41 Crop group tables. crop group are considered to be derived from the crops in the crop group * * * * * representative of the processed food and tolerance but not directly covered by the feed forms and any derivative raw tolerance. Animal feeding studies with (b) Commodities not listed are not commodities not covered by the crop a representative crop are required if the considered as included in the groups for group, that are produced from any of the representative crop is used as a the purposes of paragraph (b), and raw agricultural commodities covered significant animal feed. individual tolerances must be by the crop group tolerance. * * * * * established. Miscellaneous commodities Additionally, unless indicated ■ 4. In § 180.41: intentionally not included in any group otherwise in §§ 180.40 and 180.41, ■ i. Revise paragraph (b). include globe artichoke, hops, peanut, representative commodities for such ■ ii. Redesignate paragraphs (c)(6) and water chestnut. crop groups are selected taking into through (28) as paragraphs (c)(7) (c) * * * consideration whether their use as through (29), respectively. animal feed will result in residues in or ■ iii. Add a new paragraph (c)(6). (6) Crop Group 4–16. Leafy Vegetable on meat, milk, and/or eggs at a level ■ iv. Redesignate newly redesignated Group. representative of the residues that paragraphs (c)(8) through (29) as (i) Representative commodities. Head would result from use of the other paragraphs (c)(9) through (30), lettuce, leaf lettuce, mustard greens, and commodities or byproducts in the crop respectively. spinach. group as an animal feed. ■ v. Add a new paragraph (c)(8). (4) Data. Processing data on ■ vi. Revise newly redesignated (ii) Commodities. The following Table representative crops are required prior paragraphs (c)(25)(ii), (c)(26)(ii), and 1 lists all commodities included in Crop to establishment of a group tolerance if (c)(27)(ii) introductory text. Group 4–16.
TABLE 1—CROP GROUP 4–16: LEAFY VEGETABLE GROUP
Related crop sub- Commodities groups
Amaranth, Chinese (Amaranthus tricolor L.) ...... 4–16A Amaranth, leafy (Amaranthus spp.) ...... 4–16A Arugula (Eruca sativa Mill.) ...... 4–16B Aster, Indian (Kalimeris indica (L.) Sch. Bip.) ...... 4–16A Blackjack (Bidens pilosa L.) ...... 4–16A Broccoli, Chinese (Brassica oleracea var. alboglabra (L.H. Bailey) Musil) ...... 4–16B Broccoli raab (Brassica ruvo L.H. Bailey) ...... 4–16B Cabbage, abyssinian (Brassica carinata A. Braun) ...... 4–16B Cabbage, Chinese, bok choy (Brassica rapa subsp. chinensis (L.) Hanelt) ...... 4–16B Cabbage, seakale (Brassica oleracea L. var. costata DC.) ...... 4–16B Cat’s whiskers (Cleome gynandra L.) ...... 4–16A Cham-chwi (Doellingeria scabra (Thunb.) Nees) ...... 4–16A Cham-na-mul (Pimpinella calycina Maxim) ...... 4–16A Chervil, fresh leaves (Anthriscus cerefolium (L.) Hoffm.) ...... 4–16A Chipilin (Crotalaria longirostrata Hook & Arn) ...... 4–16A Chrysanthemum, garland (Glebionis coronaria (L.) Cass. ex Spach. Glebionis spp.) ...... 4–16A Cilantro, fresh leaves (Coriandrum sativum L.) ...... 4–16A Collards (Brassica oleracea L. var. viridis L.) ...... 4–16B Corn salad (Valerianella spp.) ...... 4–16A Cosmos (Cosmos caudatus Kunth) ...... 4–16A Cress, garden (Lepidium sativum L.) ...... 4–16B Cress, upland (Barbarea vulgaris W.T. Aiton) ...... 4–16B Dandelion, leaves (Taraxacum officinale F.H. Wigg. Aggr.) ...... 4–16A Dang-gwi, leaves (Angelica gigas Nakai) ...... 4–16A Dillweed (Anethum graveolens L.) ...... 4–16A Dock (Rumex patientia L.) ...... 4–16A Dol-nam-mul (Sedum sarmentosum Bunge) ...... 4–16A Ebolo (Crassocephalum crepidioides (Benth.) S. Moore) ...... 4–16A Endive (Cichorium endivia L.) ...... 4–16A Escarole (Cichorium endivia L.) ...... 4–16A Fameflower (Talinum fruticosum (L.) Juss.) ...... 4–16A Feather cockscomb (Glinus oppositifolius (L.) Aug. DC.) ...... 4–16A Good King Henry (Chenopodium bonus-henricus L.) ...... 4–16A Hanover salad (Brassica napus var. pabularia (DC.) Rchb.) ...... 4–16B Huauzontle (Chenopodium berlandieri Moq.) ...... 4–16A Jute, leaves (Corchorus spp.) ...... 4–16A Kale (Brassica oleracea L. var. Sabellica L.) ...... 4–16B Lettuce, bitter (Launaea cornuta (Hochst. ex Oliv. & Hiern) C. Jeffrey) ...... 4–16A Lettuce, head (Lactuca sativa L.; including Lactuca sativa var. capitata L.) ...... 4–16A Lettuce, leaf (Lactuca sativa L.; including Lactuca sativa var. longifolia Lam.; Lactuca sativa var. crispa L.) ...... 4–16A Maca, leaves (Lepidium meyenii Walp.) ...... 4–16B
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TABLE 1—CROP GROUP 4–16: LEAFY VEGETABLE GROUP—Continued
Related crop sub- Commodities groups
Mizuna (Brassica rapa L. subsp. nipposinica (L.H. Bailey) Hanelt) ...... 4–16B Mustard greens (Brassica juncea subsp., including Brassica juncea (L.) Czern. subsp. integrifolia (H. West) Thell., Brassica juncea (L.) Czern. var. tsatsai (T.L. Mao) Gladis) ...... 4–16B Orach (Atriplex hortensis L.) ...... 4–16A Parsley, fresh leaves (Petroselinum crispum (Mill.) Fuss; Petroselinum crispum var. neapolitanum Danert) ...... 4–16A Plantain, buckthorn (Plantago lanceolata L.) ...... 4–16A Primrose, English (Primula vulgaris Huds.) ...... 4–16A Purslane, garden (Portulaca oleracea L.) ...... 4–16A Purslane, winter (Claytonia perfoliata Donn ex Willd.) ...... 4–16A Radicchio (Cichorium intybus L.) ...... 4–16A Radish, leaves (Raphanus sativus L. var sativus, including Raphanus sativus L. var. mougri H. W. J. Helm (Raphanus sativus L. var. oleiformis Pers) ...... 4–16B Rape greens (Brassica napus L. var. napus, including Brassica rapa subsp. trilocularis (Roxb.) Hanelt; Brassica rapa subsp. dichotoma (Roxb.) Hanelt; Brassica rapa subsp. oleifera Met) ...... 4–16B Rocket, wild (Diplotaxis tenuifolia (L.) DC.) ...... 4–16B Shepherd’s purse (Capsella bursa-pastoris (L.) Medik) ...... 4–16B Spinach (Spinacia oleracea L.) ...... 4–16A Spinach, Malabar (Basella alba L.) ...... 4–16A Spinach, New Zealand (Tetragonia tetragonioides (Pall.) Kuntze) ...... 4–16A Spinach, tanier (Xanthosoma brasiliense (Desf.) Engl.) ...... 4–16A Swiss chard (Beta vulgaris L. ssp. vulgaris) ...... 4–16A Turnip greens (Brassica rapa L. ssp. rapa) ...... 4–16B Violet, Chinese, leaves (Asystasia gangetica (L.) T. Anderson) ...... 4–16A Watercress (Nasturtium officinale W.T. Aiton) ...... 4–16B Cultivars, varieties, and hybrids of these commodities.
(iii) Crop subgroups. The following Crop Group 4–16, specifies the subgroup, and lists all the commodities Table 2 identifies the crop subgroups for representative commodities for each included in each subgroup.
TABLE 2—CROP GROUP 4–16: SUBGROUP LISTING
Representative commodities Commodities
Crop Subgroup 4–16A. Leafy greens subgroup
Head lettuce, leaf lettuce, and spinach ..... Amaranth, Chinese; amaranth, leafy; aster, Indian; blackjack; cat’s whiskers; cham-chwi; cham-na- mul; chervil, fresh leaves; chipilin; chrysanthemum, garland; cilantro, fresh leaves; corn salad; cosmos; dandelion, leaves; dang-gwi, leaves; dillweed; dock; dol-nam-mul; ebolo; endive; esca- role; fameflower; feather cockscomb; Good King Henry; huauzontle; jute, leaves; lettuce, bitter; lettuce, head; lettuce, leaf; orach; parsley, fresh leaves; plantain, buckhorn; primrose, English; purslane, garden; purslane, winter; radicchio; spinach; spinach, Malabar; spinach, New Zealand; spinach, tanier; Swiss chard; violet, Chinese, leaves; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 4–16B. Brassica leafy greens subgroup
Mustard greens ...... Arugula; broccoli, Chinese; broccoli raab; cabbage, abyssinian; cabbage, Chinese, bok choy; cab- bage, seakale; collards; cress, garden; cress, upland; hanover salad; kale; maca, leaves; mizuna; mustard greens; radish, leaves; rape greens; rocket, wild; shepherd’s purse; turnip greens; water- cress; cultivars, varieties, and hybrids of these commodities.
* * * * * LIST 1—CROP GROUP 5–16: BRAS- LIST 1—CROP GROUP 5–16: BRAS- (8) Crop Group 5–16. Brassica Head SICA HEAD AND STEM VEGETABLE SICA HEAD AND STEM VEGETABLE and Stem Vegetable Group. GROUP GROUP—Continued (i) Representative commodities. Commodities Commodities Broccoli or cauliflower and cabbage. (ii) Commodities. The following List 1 Broccoli (Brassica oleracea L. var. italica Cauliflower (Brassica oleracea L. var. contains all commodities included in Plenck) capitata L) Crop Group 5–16. Brussels sprouts (Brassica oleracea L. Cultivars, varieties, and hybrids of these var. gemmifera (DC.) Zenker) commodities. Cabbage (Brassica oleracea L. var. capitata L.) * * * * * Cabbage, Chinese, napa (Brassica rapa (25) * * * L. subsp. pekinensis (Lour.) Hanelt) (ii) Commodities. The commodities included in Crop Group 16 are: Forage,
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fodder, stover, and straw of all included in the cereal grains group, that differences in the levels of residues on commodities included in the group will be fed to or grazed by livestock, all forage, fodder, straw, or hay. The cereal grains group. EPA may establish pasture and range grasses and grasses following is a list of all the commodities separate group tolerances on forage, grown for hay or silage. EPA may included in Crop Group 18: fodder, hay, stover, or straw, if data on establish separate group tolerances on * * * * * the representative commodities indicate forage, fodder, stover, or hay, if data on differences in the levels of residues on the representative commodities indicate (31) Crop Group 22. Stalk, Stem and forage, fodder, stover, or straw. differences in the levels of residues on Leaf Petiole Vegetable Group. (26) * * * forage, fodder, stover, or hay. (i) Representative commodities. (ii) Commodities. The commodities (27) * * * Asparagus and celery. included in Crop Group 17 are: Forage, (ii) Commodities. EPA may establish fodder, stover, and hay of any grass, separate group tolerances on forage, (ii) Commodities. The following Table Gramineae/Poaceae family (either green fodder, straw, or hay, if data on the 1 lists all commodities included in Crop or cured) except sugarcane and those representative commodities indicate Group 22.
TABLE 1—CROP GROUP 22: STALK, STEM AND LEAF PETIOLE VEGETABLE GROUP
Related crop Commodities subgroups
Agave (Agave spp.) ...... 22A Aloe vera (Aloe vera (L.) Burm.f.) ...... 22A Asparagus (Asparagus officinalis L.) ...... 22A Bamboo, shoots (Arundinaria spp.; Bambusa spp., Chimonobambusa spp.; Dendrocalamus spp., Fargesia spp.; Gigantochloa spp., Nastus elatus; Phyllostachys spp.; Thyrsostachys spp.) ...... 22A Cardoon (Cynara cardunculus L.) ...... 22B Celery (Apium graveolens var. dulce (Mill.) Pers.) ...... 22B Celery, Chinese (Apium graveolens L. var. secalinum (Alef.) Mansf.) ...... 22B Celtuce (Lactuca sativa var. angustana L.H. Bailey) ...... 22A Fennel, Florence, fresh leaves and stalk (Foeniculum vulgare subsp. vulgare var. azoricum (Mill.) Thell.) ...... 22A Fern, edible, fiddlehead ...... 22A Fuki (Petasites japonicus (Siebold & Zucc.) Maxim.) ...... 22B Kale, sea (Crambe maritima L.) ...... 22A Kohlrabi (Brassica oleracea L. var gongylodes L.) ...... 22A Palm hearts (various species) ...... 22A Prickly pear, pads (Opuntia ficus-indica (L.) Mill., Opuntia spp.) ...... 22A Prickly pear, Texas, pads (Opuntia engelmannii Salm-Dyck ex Engelm. var. lindheimeri (Engelm.) B.D. Parfitt & Pinkav) ...... 22A Rhubarb (Rheum x rhabarbarum L.) ...... 22B Udo (Aralia cordata Thunb. ) ...... 22B Zuiki (Colocasia gigantea (Blume) Hook. f.) ...... 22B Cultivars, varieties, and hybrids of these commodities.
(iii) Crop subgroups. The following Crop Group 22, specifies the subgroup, and lists all the commodities Table 2 identifies the crop subgroups for representative commodities for each included in each subgroup.
TABLE 2—CROP GROUP 22: SUBGROUP LISTING
Representative commodities Commodities
Crop Subgroup 22A. Stalk and stem vegetable subgroup
Asparagus ...... Agave; aloe vera; asparagus; bamboo, shoots; celtuce; fennel, florence, fresh leaves and stalk; fern, edible, fiddlehead; kale, sea; kohlrabi; palm hearts; prickly pear, pads; prickly pear, Texas, pads; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 22B. Leaf petiole vegetable subgroup
Celery ...... Cardoon; celery; celery, Chinese; fuki; rhubarb; udo; zuiki; cultivars, varieties, and hybrids of these commodities.
(32) Crop Group 23. Tropical and (i) Representative commodities. Date, (ii) Commodities. The following Table Subtropical Fruit, Edible Peel Group. fig, guava, and olive. 1 lists all commodities included in Crop Group 23.
TABLE 1—CROP GROUP 23: TROPICAL AND SUBTROPICAL FRUIT, EDIBLE PEEL GROUP
Related crop Commodities subgroups
Ac¸aı´ (Euterpe oleracea Mart.) ...... 23C Acerola (Malpighia emarginata DC.) ...... 23A
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TABLE 1—CROP GROUP 23: TROPICAL AND SUBTROPICAL FRUIT, EDIBLE PEEL GROUP—Continued
Related crop Commodities subgroups
Achachairu´ (Garcinia gardneriana (Planch. & Triana) Zappi) ...... 23B African plum (Vitex doniana Sweet) ...... 23A Agritos (Berberis trifoliolata Moric.) ...... 23A Almondette (Buchanania lanzan Spreng.) ...... 23A Ambarella (Spondias dulcis Sol. ex Parkinson) ...... 23B Apak palm (Brahea dulcis (Kunth) Mart.) ...... 23C Appleberry (Billardiera scandens Sm.) ...... 23A Araza´ (Eugenia stipitata McVaugh) ...... 23B Arbutus berry (Arbutus unedo L.) ...... 23A Babaco (Vasconcellea x heilbornii (V.M. Badillo) V.M. Badillo) ...... 23B Bacaba palm (Oenocarpus bacaba Mart.) ...... 23C Bacaba-de-leque (Oenocarpus distichus Mart.) ...... 23C Bayberry, red (Morella rubra Lour.) ...... 23A Bignay (Antidesma bunius (L.) Spreng.) ...... 23A Bilimbi (Averrhoa bilimbi L.) ...... 23B Borojo´ (Borojoa patinoi Cuatrec.) ...... 23B Breadnut (Brosimum alicastrum Sw.) ...... 23A Cabeluda (Plinia glomerata (O. Berg) Amshoff) ...... 23A Cajou, fruit (Anacardium giganteum Hance ex Engl.) ...... 23B Cambuca´ (Marlierea edulis Nied.) ...... 23B Carandas-plum (Carissa edulis Vahl) ...... 23A Carob (Ceratonia siliqua L.) ...... 23B Cashew apple (Anacardium occidentale L.) ...... 23B Ceylon iron wood (Manilkara hexandra (Roxb.) Dubard) ...... 23A Ceylon olive (Elaeocarpus serratus L.) ...... 23A Cherry-of-the-Rio-Grande (Eugenia aggregata (Vell.) Kiaersk.) ...... 23A Chinese olive, black (Canarium tramdenum C.D. Dai & Yakovlev) ...... 23A Chinese olive, white (Canarium album (Lour.) Raeusch.) ...... 23A Chirauli-nut (Buchanania latifolia Roxb.) ...... 23A Ciruela verde (Bunchosia armeniaca (Cav.) DC.) ...... 23B Cocoplum (Chrysobalanus icaco L.) ...... 23A Date (Phoenix dactylifera L.) ...... 23C Davidson’s plum (Davidsonia pruriens F. Muell.) ...... 23B Desert-date (Balanites aegyptiacus (L.) Delile) ...... 23A Doum palm coconut (Hyphaene thebaica (L.) Mart.) ...... 23C False sandalwood (Ximenia americana L.) ...... 23A Feijoa (Acca sellowiana (O. Berg) Burret) ...... 23B Fig (Ficus carica L.) ...... 23B Fragrant manjack (Cordia dichotoma G. Forst.) ...... 23A Gooseberry, abyssinian (Dovyalis abyssinica (A. Rich.) Warb.) ...... 23A Gooseberry, Ceylon (Dovyalis hebecarpa (Gardner) Warb.) ...... 23A Gooseberry, Indian (Phyllanthus emblica L.) ...... 23B Gooseberry, otaheite (Phyllanthus acidus (L.) Skeels) ...... 23A Governor’s plum (Flacourtia indica (Burm. F.) Merr.) ...... 23A Grumichama (Eugenia brasiliensis Lam) ...... 23A Guabiroba (Campomanesia xanthocarpa O. Berg) ...... 23A Guava (Psidium guajava L.) ...... 23B Guava berry (Myrciaria floribunda (H. West ex Willd.) O. Berg) ...... 23A Guava, Brazilian (Psidium guineense Sw.) ...... 23A Guava, cattley (Psidium cattleyanum Sabine) ...... 23B Guava, Costa Rican (Psidium friedrichsthalianum (O. Berg) Nied.) ...... 23A Guava, Para (Psidium acutangulum DC.) ...... 23B Guava, purple strawberry (Psidium cattleyanum Sabine var. cattleyanum) ...... 23B Guava, strawberry (Psidium cattleyanum Sabine var. littorale (Raddi) Fosberg) ...... 23B Guava, yellow strawberry (Psidium cattleyanum Sabine var. cattleyanum forma lucidum O. Deg.) ...... 23B Guayabillo (Psidium sartorianum (O. Berg) Nied.) ...... 23A Illawarra plum (Podocarpus elatus R. Br. Ex Endl.) ...... 23A Imbe´ (Garcinia livingstonei T. Anderson) ...... 23B Imbu (Spondias tuberosa Arruda ex Kost.) ...... 23B Indian-plum (Flacourtia jangomas (Lour.). basionym) ...... 23A Jaboticaba (Myrciaria cauliflora (Mart.) O. Berg) ...... 23B Jamaica-cherry (Muntingia calabura L.) ...... 23A Jambolan (Syzygium cumini (L.) Skeels) ...... 23A Jelly palm (Butia capitata (Mart.) Becc.) ...... 23C Jujube, Indian (Ziziphus mauritiana Lam.) ...... 23B Kaffir-plum (Harpephyllum caffrum Bernh. Ex C. Krauss) ...... 23A Kakadu plum (Terminalia latipes Benth. subsp. psilocarpa Pedley) ...... 23A Kapundung (Baccaurea racemosa (Reinw.) Mull. Arg.) ...... 23A Karanda (Carissa carandas L.) ...... 23A Kwai muk (Artocarpus hypargyreus Hance ex Benth.) ...... 23B Lemon aspen (Acronychia acidula F. Muell) ...... 23A
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TABLE 1—CROP GROUP 23: TROPICAL AND SUBTROPICAL FRUIT, EDIBLE PEEL GROUP—Continued
Related crop Commodities subgroups
Mangaba (Hancornia speciosa Gomes) ...... 23B Marian plum (Bouea macrophylla Griff.) ...... 23B Mombin, malayan (Spondias pinnata (J. Koenig ex L. f.) Kurz) ...... 23B Mombin, purple (Spondias purpurea L.) ...... 23B Mombin, yellow (Spondias mombin L.) ...... 23A Monkeyfruit (Artocarpus lacucha Buch. Ham.) ...... 23B Monos plum (Pseudanamomis umbellulifera (Kunth) Kausel) ...... 23A Mountain cherry (Bunchosia cornifolia Kunth) ...... 23A Nance (Byrsonima crassifolia (L.) Kunth) ...... 23B Natal plum (Carissa macrocarpa (Eckl.) A. DC.) ...... 23B Noni (Morinda citrifolia L.) ...... 23B Olive (Olea europaea L. subsp. europaea) ...... 23A Papaya, mountain (Vasconcellea pubescens A. DC.) ...... 23B Pataua´ (Oenocarpus bataua Mart.) ...... 23C Peach palm, fruit (Bactris gasipaes Kunth var. gasipaes) ...... 23C Persimmon, black (Diospyros texana Scheele) ...... 23A Persimmon, Japanese (Diospyros kaki Thunb.) ...... 23B Pitomba (Eugenia luschnathiana Klotzsch ex O. Berg) ...... 23A Plum-of-Martinique (Flacourtia inermis Roxb.) ...... 23A Pomerac (Syzygium malaccense (L.) Merr. & L.M. Perry) ...... 23B Rambai (Baccaurea motleyana (Mull. Arg.) Mull. Arg.) ...... 23B Rose apple (Syzygium jambos (L.) Alston) ...... 23B Rukam (Flacourtia rukam Zoll. & Moritizi) ...... 23A Rumberry (Myrciaria dubia (Kunth) McVaugh Myrtaceae) ...... 23A Sea grape (Coccoloba uvifera (L.) L.) ...... 23A Sentul (Sandoricum koetjape (Burm. F.) Merr.) ...... 23B Sete-capotes (Campomanesia guazumifolia (Cambess.) O. Berg) ...... 23A Silver aspen (Acronychia wilcoxian (F. Muell.) T.G. Hartley) ...... 23A Starfruit (Averrhoa carambola L.) ...... 23B Surinam cherry (Eugenia uniflora L.) ...... 23B Tamarind (Tamarindus indica L.) ...... 23B Uvalha (Eugenia pyriformis Cambess ) ...... 23B Water apple (Syzygium aqueum (Burm. F.) Alston) ...... 23A Water pear (Syzygium guineense (Willd.) DC) ...... 23A Water berry (Syzygium cordatum Hochst. Ex C. Krauss) ...... 23A Wax jambu (Syzygium samarangense (Blume) Merr. & L.M. Perry) ...... 23A Cultivars, varieties, and hybrids of these commodities.
(iii) Table. The following Table 2 Group 23, specifies the representative lists all the commodities included in identifies the crop subgroups for Crop commodities for each subgroup, and each subgroup.
TABLE 2—CROP GROUP 23: SUBGROUP LISTING
Representative commodities Commodities
Crop Subgroup 23A. Tropical and Subtropical, Small fruit, edible peel subgroup
Olive ...... Acerola; African plum; agritos; almondette; appleberry; arbutus berry; bayberry, red; bignay; breadnut; cabeluda; carandas-plum; Ceylon iron wood; Ceylon olive; cherry-of-the-Rio-Grande; Chinese olive, black; Chinese olive, white; chirauli-nut; cocoplum; desert-date; false sandalwood; fragant manjack; gooseberry, abyssinian; gooseberry, Ceylon; gooseberry, otaheite; governor’s plum; grumichama; guabiroba; guava berry; guava, Brazilian; guava, Costa Rican; guayabillo; illawarra plum; Indian-plum; Jamaica-cherry; jambolan; kaffir-plum; kakadu plum; kapundung; karanda; lemon aspen; mombin, yellow; monos plum; mountain cherry; olive; persimmon, black; pitomba; plum-of-Martinique; rukam; rumberry; sea grape; sete-capotes; silver aspen; water apple; water pear; water berry; wax jambu; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 23B. Tropical and Subtropical, Medium to large fruit, edible peel subgroup
Fig and guava ...... Achachairu´; ambarella; araza´; babaco; bilimbi; borojo´; cajou, fruit; cambuca´; carob; cashew apple; ciruela verde; davidson’s plum; feijoa; fig; gooseberry, Indian; guava; guava, cattley; guava, Para; guava, purple strawberry; guava, strawberry; guava, yellow strawberry; imbe´; imbu; jaboticaba; ju- jube, Indian; kwai muk; mangaba; Marian plum; mombin, Malayan; mombin, purple; monkeyfruit; nance; natal plum; noni; papaya, mountain; persimmon, Japanese; pomerac; rambai; rose apple; sentul; starfruit; Surinam cherry; tamarind; uvalha; cultivars, varieties, and hybrids of these com- modities.
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TABLE 2—CROP GROUP 23: SUBGROUP LISTING—Continued
Representative commodities Commodities
Crop Subgroup 23C. Tropical and Subtropical, Palm fruit, edible peel subgroup
Date ...... Ac¸aı´; apak palm; bacaba palm; bacaba-de-leque; date; doum palm coconut; jelly palm; pataua´; peach palm, fruit; cultivars, varieties, and hybrids of these commodities.
(33) Crop Group 24. Tropical and banana or pomegranate, dragon fruit, (ii) Commodities. The following Table Subtropical Fruit, Inedible Peel Group. lychee, passionfruit, pineapple, and 1 lists all commodities included in Crop (i) Representative commodities. prickly pear, fruit. Group 24. Atemoya or sugar apple, avocado,
TABLE 1—CROP GROUP 24: TROPICAL AND SUBTROPICAL FRUIT, INEDIBLE PEEL GROUP
Related crop Commodities subgroups
Abiu (Pouteria caimito (Ruiz & Pav.) Radlk) ...... 24B Aisen (Boscia senegalensis (Pers.) Lam.) ...... 24A Akee apple (Blighia sapida K.D. Koenig) ...... 24B Atemoya (Annona cherimola Mill. X A. squamosa L.) ...... 24C Avocado (Persea americana Mill.) ...... 24B Avocado, Guatemalan (Persea americana Mill. var. guatemalensis) ...... 24B Avocado, Mexican (Persea americana Mill. var. drymifolia (Schltdl. & Cham.) S.F. Blak) ...... 24B Avocado, West Indian (Persea americana var. americana) ...... 24B Bacury (Platonia insignis Mart.) ...... 24B Bael fruit (Aegle marmelos (L.) Correˆa) ...... 24A Banana (Musa spp.) ...... 24B Banana, dwarf (Musa hybrids; Musa acuminata Colla) ...... 24B Binjai (Mangifera caesia Jack) ...... 24B Biriba (Annona mucosa Jacq.) ...... 24C Breadfruit (Artocarpus altilis (Parkinson) Fosberg) ...... 24C Burmese grape (Baccaurea ramiflora Lour.) ...... 24A Canistel (Pouteria campechiana (Kunth) Baehni) ...... 24B Cat’s-eyes (Dimocarpus longan Lour. subsp. malesianus Leenh.) ...... 24A Champedak (Artocarpus integer (Thunb.) Merr.) ...... 24C Cherimoya (Annona cherimola Mill.) ...... 24C Cupuacu´ (Theobroma grandiflorum (Willd. Ex Spreng.) K. Schum.) ...... 24B Custard apple (Annona reticulata L.) ...... 24C Dragon fruit (Hylocereus undatus (Haw.) Britton & Rose) ...... 24D Durian (Durio zibethinus L.) ...... 24C Elephant-apple (Limonia acidissima L.) ...... 24C Etambe (Mangifera zeylanica (Blume) Hook. F.) ...... 24B Granadilla (Passiflora ligularis Juss.) ...... 24E Granadilla, giant (Passiflora quadrangularis L.) ...... 24E Ilama (Annona macroprophyllata Donn. Sm.) ...... 24C Inga´ (Inga vera Willd. subsp. affinis (DC.) T.D. Penn.) ...... 24A Jackfruit (Artocarpus heterophyllus Lam.) ...... 24C Jatoba´ (Hymenaea courbaril L.) ...... 24B Karuka (Pandanus julianettii Martelli) ...... 24C Kei apple (Dovyalis caffra (Hook. F. & Harv.) Warb.) ...... 24B Langsat (Lansium domesticum Correˆa) ...... 24B Lanjut (Mangifera lagenifera Griff.) ...... 24B Longan (Dimocarpus longan Lour.) ...... 24A Lucuma (Pouteria lucuma (Ruiz & Pav.) Kuntze) ...... 24B Lychee (Litchi chinensis Sonn.) ...... 24A Mabolo (Diospyros blancoi A. DC.) ...... 24B Madras-thorn (Pithecellobium dulce (Roxb.) Benth.) ...... 24A Mammy-apple (Mammea americana L.) ...... 24C Manduro (Balanites maughamii Sprague) ...... 24A Mango (Mangifera indica L.) ...... 24B Mango, horse (Mangifera foetida Lour.) ...... 24B Mango, Saipan (Mangifera odorata Griff.) ...... 24B Mangosteen (Garcinia mangostana L. ) ...... 24B Marang (Artocarpus odoratissimus Blanco) ...... 24C Marmaladebox (Genipa americana L.) ...... 24C Matisia (Matisia cordata Humb. & Bonpl.) ...... 24A Mesquite (Prosopis juliflora (Sw.) DC.) ...... 24A Mongongo, fruit (Schinziophyton rautanenii (Schinz) Radcl.-Sm) ...... 24A Monkey-bread-tree (Adansonia digitata L.) ...... 24C Monstera (Monstera deliciosa Liebm.) ...... 24E Nicobar-breadfruit (Pandanus leram Jones ex Fontana) ...... 24C
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TABLE 1—CROP GROUP 24: TROPICAL AND SUBTROPICAL FRUIT, INEDIBLE PEEL GROUP—Continued
Related crop Commodities subgroups
Paho (Mangifera altissima Blanco) ...... 24B Pandanus (Pandanus utilis Bory) ...... 24C Papaya (Carica papaya L.) ...... 24B Passionflower, winged-stem (Passiflora alata Curtis) ...... 24E Passionfruit (Passiflora edulis Sims) ...... 24E Passionfruit, banana (Passiflora tripartita var. mollissima (Kunth) Holm-Niels. & P. Jorg.) ...... 24E Passionfruit, purple (Passiflora edulis Sims forma edulis) ...... 24E Passionfruit, yellow (Passiflora edulis Sims forma flavicarpa O. Deg.) ...... 24E Pawpaw, common (Asimina triloba (L.) Dunal) ...... 24B Pawpaw, small-flower (Asimina parviflora (Michx.) Dunal) ...... 24A Pelipisan (Mangifera casturi Kosterm.) ...... 24B Pequi (Caryocar brasiliense Cambess) ...... 24B Pequia (Caryocar villosum (Aubl.) Pers.) ...... 24B Persimmon, American (Diospyros virginiana L.) ...... 24B Pineapple (Ananas comosus (L.) Merr.) ...... 24C Pitahaya (Hylocereus polyrhizus (F.A.C. Weber) Britton & Rose) ...... 24D Pitaya (Hylocereus sp. including H. megalanthus (H. ocamponis and H. polychizus) ...... 24D Pitaya, amarilla (Hylocereus triangularis Britton & Rose) ...... 24D Pitaya, roja (Hylocereus ocamponis (Salm-Dyck) Britton & Rose) ...... 24D Pitaya, yellow (Hylocereus megalanthus (K. Schum. ex Vaupel) Ralf Bauer) ...... 24D Plantain (Musa paradisiaca L.) ...... 24B Pomegranate (Punica granatum L.) ...... 24B Poshte (Annona liebmanniana Baill.) ...... 24B Prickly pear, fruit (Opuntia ficus-indica (L.) Mill.) ...... 24D Prickly pear, Texas, fruit (Opuntia engelmannii Salm-Dyck ex Engelm. var. lindheimeri (Engelm.) B.D. Parfitt & Pinkav) ...... 24D Pulasan (Nephelium ramboutan-ake (Labill.) Leenh.) ...... 24C Quandong (Santalum acuminatum (R. Br.) DC.) ...... 24B Rambutan (Nephelium lappaceum L.) ...... 24C Saguaro (Carnegiea gigantea (Engelm.) Britton & Rose) ...... 24D Sapodilla (Manilkara zapota (L.) P. Royen) ...... 24C Sapote, black (Diospyros digyna Jacq.) ...... 24B Sapote, green (Pouteria viridis (Pittier) Cronquist) ...... 24B Sapote, mamey (Pouteria sapota (Jacq.) H.E. Moore & Stearn) ...... 24C Sapote, white (Casimiroa edulis La Llave & Lex) ...... 24B Sataw (Parkia speciosa Hassk.) ...... 24B Satinleaf (Chrysophyllum oliviforme L.) ...... 24A Screw-pine (Pandanus tectorius Parkinson) ...... 24B Sierra Leone-tamarind (Dialium guineense Willd.) ...... 24A Soncoya (Annona purpurea Moc. & Sesse´ ex Dunal) ...... 24C Soursop (Annona muricata L.) ...... 24C Spanish lime (Melicoccus bijugatus Jacq.) ...... 24A Star apple (Chrysophyllum cainito L.) ...... 24B Sugar apple (Annona squamosa L.) ...... 24C Sun sapote (Licania platypus (Hemsl.) Fritsch) ...... 24C Tamarind-of-the-Indies (Vangueria madagascariensis J.F. Gmel.) ...... 24B Velvet tamarind (Dialium indum L.) ...... 24A Wampi (Clausena lansium (Lour.) Skeels) ...... 24A White star apple (Chrysophyllum albidum G. Don) ...... 24A Wild loquat (Uapaca kirkiana Mu¨ll. Arg.) ...... 24B Cultivars, varieties, and hybrids of these commodities.
(iii) Table. The following Table 2 Group 24, specifies the representative lists all the commodities included in identifies the crop subgroups for Crop commodities for each subgroup, and each subgroup.
TABLE 2—CROP GROUP 24: SUBGROUP LISTING
Representative commodities Commodities
Crop Subgroup 24A. Tropical and Subtropical, Small fruit, inedible peel subgroup
Lychee ...... Aisen; bael fruit; Burmese grape; cat’s-eyes; inga´; longan; lychee; madras-thorn; manduro; matisia; mesquite; mongongo, fruit; pawpaw, small-flower; satinleaf; Sierra Leone-tamarind; Spanish lime; velvet tamarind; wampi; white star apple; cultivars, varieties, and hybrids of these commodities.
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TABLE 2—CROP GROUP 24: SUBGROUP LISTING—Continued
Representative commodities Commodities
Crop Subgroup 24B. Tropical and Subtropical, Medium to large fruit, smooth, inedible peel subgroup
Avocado, plus pomegranate or banana .... Abiu; akee apple; avocado; avocado, Guatemalan; avocado, Mexican; avocado, West Indian; bacury; banana; banana, dwarf; binjai; canistel; cupuacu´; etambe; jatoba´; kei apple; langsat; lanjut; lucuma; mabolo; mango; mango, horse; mango, Saipan; mangosteen; paho; papaya; pawpaw, common; pelipisan; pequi; pequia; persimmon, American; plantain; pomegranate; poshte; quandong; sapote, black; sapote, green; sapote, white; sataw; screw-pine; star apple; tamarind-of-the-Indies; wild loquat; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 24C. Tropical and Subtropical, Medium to large fruit, rough or hairy, inedible peel subgroup
Pineapple, plus atemoya or sugar apple ... Atemoya; biriba; breadfruit; champedak; cherimoya; custard apple; durian; elephant-apple; ilama; jackfruit; karuka; mammy-apple; marang; marmaladebox; monkey-bread tree; nicobar-breadfruit; pandanus; pineapple; pulasan; rambutan; sapodilla; sapote, mamey; soncoya; soursop; sugar apple; sun sapote; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 24D. Tropical and Subtropical, Cactus, inedible peel subgroup
Dragon fruit and Prickly pear fruit ...... Dragon fruit; pitahaya; pitaya; pitaya, amarilla; pitaya, roja; pitaya, yellow; prickly pear, fruit; prickly pear, Texas, fruit; saguaro; cultivars, varieties, and hybrids of these commodities.
Crop Subgroup 24E. Tropical and Subtropical, Vine, inedible peel subgroup
Passionfruit ...... Granadilla; granadilla, giant; monstera; passionflower, winged-stem; passionfruit; passionfruit, ba- nana; passionfruit, purple; passionfruit, yellow; cultivars, varieties, and hybrids of these commod- ities.
[FR Doc. 2016–10319 Filed 5–2–16; 8:45 am] BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 81, No. 85
Tuesday, May 3, 2016
This section of the FEDERAL REGISTER p.m., Monday through Friday, except maintenance practices for fuel tank contains notices to the public of the proposed Federal holidays. systems. As a result of those findings, issuance of rules and regulations. The we issued a regulation titled ‘‘Transport Examining the AD Docket purpose of these notices is to give interested Airplane Fuel Tank System Design persons an opportunity to participate in the You may examine the AD docket on Review, Flammability Reduction and rule making prior to the adoption of the final the Internet at http:// rules. Maintenance and Inspection www.regulations.gov by searching for Requirements’’ (66 FR 23086, May 7, and locating Docket No. FAA–2016– 2001). In addition to new airworthiness DEPARTMENT OF TRANSPORTATION 6139; or in person at the Docket standards for transport airplanes and Management Facility between 9 a.m. new maintenance requirements, this Federal Aviation Administration and 5 p.m., Monday through Friday, rule included Special Federal Aviation except Federal holidays. The AD docket Regulation No. 88 (‘‘SFAR 88’’), 14 CFR Part 39 contains this proposed AD, the Amendment 21–78. Subsequently, regulatory evaluation, any comments SFAR 88 was amended by: Amendment [Docket No. FAA–2016–6139; Directorate received, and other information. The Identifier 2015–NM–061–AD] 21–82 (67 FR 57490, September 10, street address for the Docket Office 2002; corrected at 67 FR 70809, RIN 2120–AA64 (phone: 800–647–5527) is in the November 26, 2002) and Amendment ADDRESSES section. Comments will be 21–83 (67 FR 72830, December 9, 2002; Airworthiness Directives; The Boeing available in the AD docket shortly after corrected at 68 FR 37735, June 25, 2003, Company Airplanes receipt. to change ‘‘21–82’’ to ‘‘21–83’’). AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Jon Among other actions, SFAR 88 Administration (FAA), DOT. Regimbal, Aerospace Engineer, requires certain type design approval ACTION: Notice of proposed rulemaking Propulsion Branch, ANM–140S, FAA, (i.e., type certificate (TC) and (NPRM). Seattle Aircraft Certification Office supplemental type certificate (STC)) (ACO), 1601 Lind Avenue SW., Renton, holders to substantiate that their fuel SUMMARY: We propose to adopt a new WA 98057–3356; phone: 425–917–6506; tank systems can prevent ignition airworthiness directive (AD) for certain fax: 425–917–6590; email: sources in the fuel tanks. This The Boeing Company Model 737–600, [email protected]. requirement applies to type design –700, –700C, –800, –900, and –900ER SUPPLEMENTARY INFORMATION: approval holders for large turbine- series airplanes. This proposed AD was powered transport airplanes and for prompted by fuel system reviews Comments Invited subsequent modifications to those conducted by the manufacturer. This We invite you to send any written airplanes. It requires them to perform proposed AD would require modifying relevant data, views, or arguments about design reviews and to develop design the fuel quantity indicating system this proposal. Send your comments to changes and maintenance procedures if (FQIS) to prevent development of an an address listed under the ADDRESSES their designs do not meet the new fuel ignition source inside the center fuel section. Include ‘‘Docket No. FAA– tank safety standards. As explained in tank due to electrical fault conditions. 2016–6139; Directorate Identifier 2015– the preamble to the rule, we intended to This proposed AD would also provide NM–061–AD’’ at the beginning of your adopt airworthiness directives to alternative actions for cargo airplanes. comments. We specifically invite mandate any changes found necessary We are proposing this AD to prevent comments on the overall regulatory, to address unsafe conditions identified ignition sources inside the center fuel economic, environmental, and energy as a result of these reviews. tank, which, in combination with aspects of this proposed AD. We will In evaluating these design reviews, we flammable fuel vapors, could result in a consider all comments received by the have established four criteria intended fuel tank explosion and consequent loss closing date and may amend this to define the unsafe conditions of the airplane. proposed AD because of those associated with fuel tank systems that DATES: We must receive comments on comments. require corrective actions. The this proposed AD by June 17, 2016. We will post all comments we percentage of operating time during ADDRESSES: You may send comments, receive, without change, to http:// which fuel tanks are exposed to using the procedures found in 14 CFR www.regulations.gov, including any flammable conditions is one of these 11.43 and 11.45, by any of the following personal information you provide. We criteria. The other three criteria address methods: will also post a report summarizing each the failure types under evaluation: • Federal eRulemaking Portal: Go to substantive verbal contact we receive Single failures, combination of failures, http://www.regulations.gov. Follow the about this proposed AD. and unacceptable (failure) experience. instructions for submitting comments. For all three failure criteria, the Discussion • Fax: 202–493–2251. evaluations included consideration of • Mail: U.S. Department of The FAA has examined the previous actions taken that may mitigate Transportation, Docket Operations, M– underlying safety issues involved in fuel the need for further action. 30, West Building Ground Floor, Room tank explosions on several large We have determined that the actions W12–140, 1200 New Jersey Avenue SE., transport airplanes, including the identified in this proposed AD are Washington, DC 20590. adequacy of existing regulations, the necessary to reduce the potential of • Hand Delivery: Deliver to Mail service history of airplanes subject to ignition sources inside fuel tanks, address above between 9 a.m. and 5 those regulations, and existing which, in combination with flammable
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fuel vapors, could result in fuel tank Related Rulemaking the FQIS processor and the center fuel explosions and consequent loss of the tank, provided repetitive BITE checks On March 21, 2016, we issued AD airplane. 2016–07–07, Amendment 39–18452 (81 (checks of built-in test equipment) of the Model 737NG FQIS Design FR 19472, April 5, 2016), for certain FQIS are also performed. The design of the in-tank FQIS Boeing Model 757–200, –200PF, Costs of Compliance components and wiring has the –200CB, and –300 series airplanes. AD potential for a latent FQIS electrical 2016–07–07 requires similar actions to There are approximately 1,393 U.S.- fault condition inside the fuel tank those proposed in this NPRM. AD 2016– registered Model 737–600, –700, –700C, combined with an electrical hot short 07–07 addressed the numerous public –800, –900, and –900ER series airplanes condition connecting a high power comments that were submitted on the in service. All of those airplanes are source to the FQIS wiring to cause an proposal. currently operated as passenger ignition source in a fuel tank. FAA’s Determination airplanes. Beginning with line number Under the policy contained in FAA 2620, however, Boeing has delivered Policy Memo PS–ANM100–2003–112– We are proposing this AD because we airplanes with flammability reductions 15 [http://rgl.faa.gov/Regulatory_and_ evaluated all the relevant information means (FRM)/nitrogen generation Guidance_Library/rgPolicy.nsf/0/ and determined the unsafe condition system (NGS) installed. We estimate DC94C3A46396950386256D5E006A described previously is likely to exist or that 831 affected airplanes on the U.S. ED11?OpenDocument&Highlight=anm- develop in other products of the same Register were delivered without FRM 100-2003-112-15], the FAA determined type design. installed, but we do not know the that this ignition source risk combined Proposed AD Requirements number of airplanes that have had FRM with the fleet average flammability for installed post-production. However, the center wing tank on Model 737–600, This proposed AD would require because of the requirement in 14 CFR –700, –700C, –800, –900, and –900ER modifying the FQIS to prevent 121.1117 to install FRM on U.S. air- series airplanes created an unsafe development of an ignition source condition for the center fuel tank. inside the center fuel tank due to carrier passenger airplanes by the end of Applying that same policy, the FAA electrical fault conditions. As an 2017, it is likely that no U.S. airplanes determined that due to a lower fleet alternative for cargo airplanes, this would actually be affected by this average flammability, that same unsafe proposed AD would provide the proposed AD. For any affected airplane, condition does not exist in the main alternative to modify the airplane by we estimate the following costs to (wing) tanks of these airplanes. separating FQIS wiring routed between comply with this proposed AD:
ESTIMATED COSTS—REQUIRED ACTIONS
Cost per Action Labor cost Parts cost product
Modification ...... 1,200 work-hours × $85 per hour = $102,000 ...... $200,000 $302,000
ESTIMATED COSTS—ALTERNATIVE ACTIONS
Cost per Action Labor cost Parts cost product
BITE check ...... 1 work-hour × $85 per hour = $85 per check ...... $0 $85 per check (4 checks per year, $340 per year). Wire separation ...... 230 work-hours × $85 per hour = $19,550 ...... $10,000 $29,550.
Authority for This Rulemaking is within the scope of that authority (1) Is not a ‘‘significant regulatory Title 49 of the United States Code because it addresses an unsafe condition action’’ under Executive Order 12866, specifies the FAA’s authority to issue that is likely to exist or develop on (2) Is not a ‘‘significant rule’’ under rules on aviation safety. Subtitle I, products identified in this rulemaking the DOT Regulatory Policies and section 106, describes the authority of action. Procedures (44 FR 11034, February 26, the FAA Administrator. Subtitle VII: Regulatory Findings 1979), Aviation Programs, describes in more (3) Will not affect intrastate aviation We determined that this proposed AD detail the scope of the Agency’s in Alaska, and authority. would not have federalism implications We are issuing this rulemaking under under Executive Order 13132. This (4) Will not have a significant the authority described in Subtitle VII, proposed AD would not have a economic impact, positive or negative, Part A, Subpart III, Section 44701: substantial direct effect on the States, on on a substantial number of small entities ‘‘General requirements.’’ Under that the relationship between the national under the criteria of the Regulatory section, Congress charges the FAA with Government and the States, or on the Flexibility Act. distribution of power and promoting safe flight of civil aircraft in List of Subjects in 14 CFR Part 39 air commerce by prescribing regulations responsibilities among the various for practices, methods, and procedures levels of government. Air transportation, Aircraft, Aviation the Administrator finds necessary for For the reasons discussed above, I safety, Incorporation by reference, safety in air commerce. This regulation certify this proposed regulation: Safety.
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The Proposed Amendment (h)(2) of this AD, using methods approved in (j) Related Information accordance with the procedures specified in Accordingly, under the authority For more information about this AD, paragraph (i) of this AD. To exercise this contact Jon Regimbal, Aerospace Engineer, delegated to me by the Administrator, alternative, operators must perform the first the FAA proposes to amend 14 CFR part Propulsion Branch, ANM–140S, FAA, Seattle inspection required under paragraph (h)(1) of Aircraft Certification Office (ACO), 1601 Lind 39 as follows: this AD within 6 months after the effective Avenue SW., Renton, WA 98057–3356; date of this AD. To exercise this alternative phone: 425–917–6506; fax: 425–917–6590; PART 39—AIRWORTHINESS for airplanes returned to service after email: [email protected]. DIRECTIVES conversion of the airplane from a passenger configuration to an all-cargo configuration Issued in Renton, Washington, on April 15, ■ 1. The authority citation for part 39 more than 6 months after the effective date 2016. continues to read as follows: of this AD, operators must perform the first Victor Wicklund, inspection required under paragraph (h)(1) of Authority: 49 U.S.C. 106(g), 40113, 44701. Acting Manager, Transport Airplane this AD prior to further flight after the Directorate, Aircraft Certification Service. conversion. § 39.13 [Amended] [FR Doc. 2016–09793 Filed 5–2–16; 8:45 am] ■ (1) Within 6 months after the effective date 2. The FAA amends § 39.13 by adding of this AD, record the existing fault codes BILLING CODE 4910–13–P the following new airworthiness stored in the FQIS processor and then do a directive (AD): BITE check (check of built-in test equipment) The Boeing Company: Docket No. FAA– of the FQIS. If any nondispatchable fault DEPARTMENT OF TRANSPORTATION 2016–6139; Directorate Identifier 2015– code is recorded prior to the BITE check or NM–061–AD. as a result of the BITE check, before further Federal Aviation Administration flight, do all applicable repairs and repeat the (a) Comments Due Date BITE check until a successful test is 14 CFR Part 39 We must receive comments by June 17, performed with no nondispatchable faults 2016. found, using a method approved in [Docket No. FAA–2016–6144; Directorate accordance with the procedures specified in Identifier 2015–NM–088–AD] (b) Affected ADs paragraph (i) of this AD. Repeat these actions RIN 2120–AA64 None. thereafter at intervals not to exceed 650 flight hours. Modification as specified in paragraph (c) Applicability Airworthiness Directives; Airbus (h)(2) of this AD does not terminate the Airplanes This AD applies to The Boeing Company repetitive BITE check requirement of this Model 737–600, –700, –700C, –800, –900, paragraph. AGENCY: Federal Aviation and –900ER series airplanes, certificated in (2) Within 60 months after the effective Administration (FAA), DOT. any category, excluding airplanes equipped date of this AD, modify the airplane by with a flammability reduction means (FRM) separating FQIS wiring that runs between the ACTION: Notice of proposed rulemaking approved by the FAA as compliant with the FQIS processor and the center tank wing spar (NPRM). Fuel Tank Flammability Reduction (FTFR) penetrations, including any circuits that rule (73 FR 42444, July 21, 2008) might pass through a main fuel tank, from SUMMARY: We propose to adopt a new requirements of section 25.981(b) or section other airplane wiring that is not intrinsically airworthiness directive (AD) for certain 26.33(c)(1) of the Federal Aviation safe, using methods approved in accordance Airbus Model A318, A319, and A320 Regulations (14 CFR 25.981(b) or 14 CFR with the procedures specified in paragraph series airplanes; Model A330–200, –200 26.33(c)(1)). (i) of this AD. Freighter, and –300 series airplanes; and (d) Subject (i) Alternative Methods of Compliance Model A340–200, –300, –500, and –600 Air Transport Association (ATA) of (AMOCs) series airplanes. This proposed AD was America Code 28, Fuel. (1) The Manager, Seattle Aircraft prompted by fuel system reviews (e) Unsafe Condition Certification Office (ACO), FAA, has the conducted by the manufacturer. This authority to approve AMOCs for this AD, if proposed AD would require modifying This AD was prompted by fuel system requested using the procedures found in 14 the fuel quantity indicating system reviews conducted by the manufacturer. We CFR 39.19. In accordance with 14 CFR 39.19, are issuing this AD to prevent ignition (FQIS) to prevent development of an send your request to your principal inspector sources inside the center fuel tank, which, in ignition source inside the center fuel or local Flight Standards District Office, as combination with flammable fuel vapors, tank due to electrical fault conditions. appropriate. If sending information directly could result in a fuel tank explosion and This proposed AD would also provide to the manager of the ACO, send it to the consequent loss of the airplane. attention of the person identified in alternative actions for cargo airplanes. (f) Compliance paragraph (j) of this AD. Information may be We are proposing this AD to prevent ignition sources inside the center fuel Comply with this AD within the emailed to: 9-ANM-Seattle-ACO-AMOC- compliance times specified, unless already [email protected]. tank, which, in combination with done. (2) Before using any approved AMOC, flammable fuel vapors, could result in a notify your appropriate principal inspector, fuel tank explosion and consequent loss (g) Modification or lacking a principal inspector, the manager of the airplane. of the local flight standards district office/ Within 60 months after the effective date DATES: We must receive comments on of this AD, modify the fuel quantity certificate holding district office. indicating system (FQIS) to prevent (3) An AMOC that provides an acceptable this proposed AD by June 17, 2016. development of an ignition source inside the level of safety may be used for any repair, ADDRESSES: You may send comments, center fuel tank due to electrical fault modification, or alteration required by this using the procedures found in 14 CFR conditions, using a method approved in AD if it is approved by the Boeing 11.43 and 11.45, by any of the following accordance with the procedures specified in Commercial Airplanes Organization methods: paragraph (i) of this AD. Designation Authorization (ODA) that has • Federal eRulemaking Portal: Go to been authorized by the Manager, Seattle (h) Alternative Actions for Cargo Airplanes ACO, to make those findings. To be http://www.regulations.gov. Follow the For airplanes used exclusively for cargo approved, the repair method, modification instructions for submitting comments. operations: As an alternative to the deviation, or alteration deviation must meet • Fax: 202–493–2251. requirements of paragraph (g) of this AD, do the certification basis of the airplane, and the • Mail: U.S. Department of the actions specified in paragraphs (h)(1) and approval must specifically refer to this AD. Transportation, Docket Operations, M–
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30, West Building Ground Floor, Room Airplane Fuel Tank System Design source to the FQIS wiring to cause an W12–140, 1200 New Jersey Avenue SE., Review, Flammability Reduction and ignition source in a fuel tank. Washington, DC 20590. Maintenance and Inspection Under the policy contained in FAA • Hand Delivery: Deliver to Mail Requirements’’ (66 FR 23086, May 7, Policy Memo PS–ANM100–2003–112– address above between 9 a.m. and 5 2001). In addition to new airworthiness 15, SFAR 88—Mandatory Action p.m., Monday through Friday, except standards for transport airplanes and Decision Criteria, dated February 25, Federal holidays. new maintenance requirements, this 2003 (http://rgl.faa.gov/Regulatory_ _ _ Examining the AD Docket rule included Special Federal Aviation and Guidance Library/rgPolicy.nsf/0/ Regulation No. 88 (‘‘SFAR 88’’), dc94c3a46396950386256d5e006aed11/ You may examine the AD docket on Amendment 21–78. Subsequently, $FILE/Feb2503.pdf), the FAA the Internet at http:// SFAR 88 was amended by: Amendment determined that this ignition source risk www.regulations.gov by searching for 21–82 (67 FR 57490, September 10, combined with the fleet average and locating Docket No. FAA–2016– 2002; corrected at 67 FR 70809, flammability for the center wing tank on 6144; or in person at the Docket November 26, 2002) and Amendment airplanes affected by this NPRM created Management Facility between 9 a.m. 21–83 (67 FR 72830, December 9, 2002; an unsafe condition for the center fuel and 5 p.m., Monday through Friday, corrected at 68 FR 37735, June 25, 2003, tank. Applying that same policy, the except Federal holidays. The AD docket to change ‘‘21–82’’ to ‘‘21–83’’). FAA determined that due to a lower contains this proposed AD, the Among other actions, SFAR 88 fleet average flammability, that same regulatory evaluation, any comments requires certain type design (i.e., type unsafe condition does not exist in the received, and other information. The certificate (TC) and supplemental type main wing tanks (inner and outer) and street address for the Docket Office certificate (STC)) holders to substantiate tail trim tank of these airplanes. (phone: 800–647–5527) is in the that their fuel tank systems can prevent ADDRESSES section. Comments will be ignition sources in the fuel tanks. This Related Rulemaking available in the AD docket shortly after requirement applies to type design receipt. On March 21, 2016, we issued AD holders for large turbine-powered 2016–07–07, Amendment 39–18452 (81 FOR FURTHER INFORMATION CONTACT: Dan transport airplanes and for subsequent FR 19472, April 5, 2016), for certain Rodina, Aerospace Engineer, modifications to those airplanes. It Boeing Model 757–200, –200PF, International Branch, ANM–116, requires them to perform design reviews –200CB, and –300 series airplanes. AD Transport Airplane Directorate, FAA, and to develop design changes and 2016–07–07 requires similar actions to 1601 Lind Avenue SW., Renton, WA maintenance procedures if their designs those proposed in this NPRM. AD 2016– 98057–3356; telephone 425–227–2125; do not meet the new fuel tank safety 07–07 addressed the numerous public fax 425–227–1149. standards. As explained in the preamble comments that were submitted on the to the rule, we intended to adopt SUPPLEMENTARY INFORMATION: proposal. airworthiness directives to mandate any Comments Invited changes found necessary to address FAA’s Determination We invite you to send any written unsafe conditions identified as a result This product has been approved by relevant data, views, or arguments about of these reviews. this proposal. Send your comments to In evaluating these design reviews, we the aviation authority of another an address listed under the ADDRESSES have established four criteria intended country, and is approved for operation section. Include ‘‘Docket No. FAA– to define the unsafe conditions in the United States. We are proposing 2016–6144; Directorate Identifier 2015– associated with fuel tank systems that this AD because we evaluated all the NM–088–AD’’ at the beginning of your require corrective actions. The relevant information and determined comments. We specifically invite percentage of operating time during the unsafe condition described comments on the overall regulatory, which fuel tanks are exposed to previously is likely to exist or develop economic, environmental, and energy flammable conditions is one of these in other products of the same type aspects of this proposed AD. We will criteria. The other three criteria address design. consider all comments received by the the failure types under evaluation: In accordance with FAA policy memo closing date and may amend this Single failures, combination of failures, SFAR 88—Mandatory Action Decision proposed AD because of those and unacceptable (failure) experience. Criteria, dated February 25, 2003, we comments. For all three failure criteria, the have determined that the unsafe We will post all comments we evaluations included consideration of condition warrants issuance of an AD to receive, without change, to http:// previous actions taken that may mitigate mandate the actions proposed in this www.regulations.gov, including any the need for further action. NPRM. personal information you provide. We We have determined that the actions Proposed AD Requirements will also post a report summarizing each identified in this proposed AD are substantive verbal contact we receive necessary to reduce the potential of This proposed AD would require about this proposed AD. ignition sources inside fuel tanks, modifying the FQIS to prevent which, in combination with flammable development of an ignition source Discussion fuel vapors, could result in fuel tank inside the center fuel tank due to The FAA has examined the explosions and consequent loss of the electrical fault conditions. As an underlying safety issues involved in fuel airplane. alternative for cargo airplanes, this tank explosions on several large proposed AD would provide the transport airplanes, including the Model A320/330/340 FQIS Design alternative to modify the airplane by adequacy of existing regulations, the The design of the in-tank FQIS separating FQIS wiring routed between service history of airplanes subject to components and wiring has the the fuel quantity indicating (FQI) those regulations, and existing potential for a latent FQIS electrical computer and the center fuel tank, maintenance practices for fuel tank fault condition inside the fuel tank provided repetitive BITE (built-in test systems. As a result of those findings, combined with an electrical hot short equipment) checks of the FQI computer we issued a regulation titled ‘‘Transport condition connecting a high power are also performed.
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Costs of Compliance For the reasons discussed above, I (d) Subject We estimate that this proposed AD certify this proposed regulation: Air Transport Association (ATA) of affects 1 airplane of U.S. registry. (1) Is not a ‘‘significant regulatory America Code 28, Fuel. We also estimate that it would take action’’ under Executive Order 12866, (e) Unsafe Condition (2) Is not a ‘‘significant rule’’ under about 1,200 work-hours per product to This AD was prompted by fuel system comply with the basic requirements of the DOT Regulatory Policies and reviews conducted by the manufacturer. We this proposed AD. The average labor Procedures (44 FR 11034, February 26, are issuing this AD to prevent ignition rate is $85 per work-hour. We have 1979), sources inside the center fuel tank, which, in received no definitive data that would (3) Will not affect intrastate aviation combination with flammable fuel vapors, enable us to provide cost estimates for in Alaska, and could result in a fuel tank explosion and the parts needed to do the actions (4) Will not have a significant consequent loss of the airplane. specified in this proposed AD. Based on economic impact, positive or negative, (f) Compliance these figures, we estimate the labor cost on a substantial number of small entities Comply with this AD within the of this proposed AD on U.S. operators under the criteria of the Regulatory compliance times specified, unless already to be $102,000. Flexibility Act. done. We have not received definitive List of Subjects in 14 CFR Part 39 (g) Modification information on the costs for the alternative wire separation modification Air transportation, Aircraft, Aviation Within 60 months after the effective date specified in this NPRM. The cost for this safety, Incorporation by reference, of this AD, modify the fuel quantity indicating system (FQIS) to prevent action in similar rulemaking on other Safety. development of an ignition source inside the airplanes, however, suggests that this The Proposed Amendment center fuel tank due to electrical fault modification could take about 74 work- conditions, using a method approved by the hours with parts costing about $10,000, Accordingly, under the authority Manager, International Branch, ANM–116, for a total estimated cost to U.S. delegated to me by the Administrator, Transport Airplane Directorate, FAA. operators of $16,290 per product. the FAA proposes to amend 14 CFR part (h) Alternative Actions for Cargo Airplanes We estimate that the repetitive FQIS 39 as follows: For airplanes used exclusively for cargo tank circuit checks associated with the operations: As an alternative to the alternative wire separation modification PART 39—AIRWORTHINESS DIRECTIVES requirements of paragraph (g) of this AD, do would take about 1 work-hour per the actions specified in paragraphs (h)(1) and check. We estimate the cost of this ■ 1. The authority citation for part 39 (h)(2) of this AD. To exercise this alternative, check on U.S. operators to be $85 per operators must perform the first inspection product, per check. continues to read as follows: required under paragraph (h)(1) of this AD Authority: 49 U.S.C. 106(g), 40113, 44701. within 6 months after the effective date of Authority for This Rulemaking this AD. To exercise this alternative for Title 49 of the United States Code § 39.13 [Amended] airplanes returned to service after conversion specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding of the airplane from a passenger rules on aviation safety. Subtitle I, the following new airworthiness configuration to an all-cargo configuration directive (AD): more than 6 months after the effective date section 106, describes the authority of of this AD, operators must perform the first the FAA Administrator. Subtitle VII: Airbus: Docket No. FAA–2016–6144; inspection required under paragraph (h)(1) of Aviation Programs, describes in more Directorate Identifier 2015–NM–088–AD. this AD prior to further flight after the detail the scope of the Agency’s conversion. authority. (a) Comments Due Date (1) Within 6 months after the effective date We are issuing this rulemaking under We must receive comments by June 17, of this AD, record the existing fault codes the authority described in Subtitle VII, 2016. stored in the fuel quantity indicating (FQI) computer, and then do a BITE check (check Part A, Subpart III, Section 44701: (b) Affected ADs ‘‘General requirements.’’ Under that of built-in test equipment) of the FQI None. computer, using a method approved by the section, Congress charges the FAA with (c) Applicability Manager, International Branch, ANM–116, promoting safe flight of civil aircraft in Transport Airplane Directorate, FAA. If any air commerce by prescribing regulations This AD applies to the Airbus airplanes, fault code is recorded prior to the BITE check for practices, methods, and procedures certificated in any category, identified in or as a result of the BITE check, before the Administrator finds necessary for paragraphs (c)(1) through (c)(6) of this AD, further flight, do all applicable repairs and safety in air commerce. This regulation except airplanes equipped with a repeat the BITE check until a successful test is within the scope of that authority flammability reduction means (FRM) is performed with no fault found, using a approved by the FAA as compliant with the method approved by the Manager, because it addresses an unsafe condition Fuel Tank Flammability Reduction (FTFR) that is likely to exist or develop on International Branch, ANM–116, Transport rule (73 FR 42444, July 21, 2008) Airplane Directorate, FAA. Repeat these products identified in this rulemaking requirements of 14 CFR 25.981(b) or 14 CFR actions thereafter at intervals not to exceed action. 26.33(c)(1). 650 flight hours. Modification as specified in (1) Airbus Model A318–111, –112, –121, Regulatory Findings paragraph (h)(2) of this AD does not and –122 airplanes. terminate the repetitive BITE check We determined that this proposed AD (2) Airbus Model A319–111, –112, –113, requirement of this paragraph. would not have federalism implications –114, –115, –131, –132, and –133 airplanes. (2) Within 60 months after the effective under Executive Order 13132. This (3) Airbus Model A320–211, –212, –214, date of this AD, modify the airplane by proposed AD would not have a –231, –232, and –233 airplanes. separating FQIS wiring that runs between the substantial direct effect on the States, on (4) Model A330–201, –202, –203, –223, FQI computer and the center fuel tank wall –223F, –243, and –243F airplanes. the relationship between the national penetrations, including any circuits that (5) Model A330–301, –302, –303, –321, might pass through a main fuel tank, from Government and the States, or on the –322, –323, –341, –342, and –343 airplanes other airplane wiring that is not intrinsically distribution of power and fitted with a center fuel tank. safe, using methods approved by the responsibilities among the various (6) Model A340–211, –212, –213, –311, Manager, International Branch, ANM–116, levels of government. –312, –313, –541, and –642 airplanes. Transport Airplane Directorate, FAA.
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(i) Alternative Methods of Compliance fuel tank explosion and consequent loss Comments Invited (AMOCs) of the airplane. We invite you to send any written (1) The Manager, International Branch, DATES: We must receive comments on relevant data, views, or arguments about ANM–116, FAA, has the authority to approve this proposed AD by June 17, 2016. this proposal. Send your comments to AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In ADDRESSES: You may send comments, an address listed under the ADDRESSES accordance with 14 CFR 39.19, send your using the procedures found in 14 CFR section. Include ‘‘Docket No. FAA– request to your principal inspector or local 11.43 and 11.45, by any of the following 2016–6145; Directorate Identifier 2015– Flight Standards District Office, as methods: NM–056–AD’’ at the beginning of your appropriate. If sending information directly comments. We specifically invite • Federal eRulemaking Portal: Go to to the manager of the ACO, send it to the comments on the overall regulatory, http://www.regulations.gov. Follow the attention of the person identified in economic, environmental, and energy paragraph (j) of this AD. instructions for submitting comments. • aspects of this proposed AD. We will (2) Before using any approved AMOC, Fax: 202–493–2251. consider all comments received by the notify your appropriate principal inspector, • Mail: U.S. Department of closing date and may amend this or lacking a principal inspector, the manager Transportation, Docket Operations, M– of the local flight standards district office/ proposed AD because of those certificate holding district office. 30, West Building Ground Floor, Room comments. W12–140, 1200 New Jersey Avenue SE., We will post all comments we (j) Related Information Washington, DC 20590. receive, without change, to http:// For more information about this AD, • Hand Delivery: Deliver to Mail www.regulations.gov, including any contact Dan Rodina, Aerospace Engineer, address above between 9 a.m. and 5 personal information you provide. We International Branch, ANM–116, Transport p.m., Monday through Friday, except will also post a report summarizing each Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; Federal holidays. substantive verbal contact we receive telephone 425–227–2125; fax 425–227–1149. For service information identified in about this proposed AD. this NPRM, contact Boeing Commercial Issued in Renton, Washington, on April 15, Discussion 2016. Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, The FAA has examined the Victor Wicklund, Seattle, WA 98124–2207; telephone underlying safety issues involved in fuel Acting Manager, Transport Airplane 206–544–5000, extension 1; fax 206– tank explosions on several large Directorate, Aircraft Certification Service. 766–5680; Internet https:// transport airplanes, including the [FR Doc. 2016–09789 Filed 5–2–16; 8:45 am] www.myboeingfleet.com. You may view adequacy of existing regulations, the BILLING CODE 4910–13–P this referenced service information at service history of airplanes subject to the FAA, Transport Airplane those regulations, and existing maintenance practices for fuel tank DEPARTMENT OF TRANSPORTATION Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the systems. As a result of those findings, we issued a regulation titled ‘‘Transport Federal Aviation Administration availability of this material at the FAA, call 425–227–1221. It is also available Airplane Fuel Tank System Design Review, Flammability Reduction and 14 CFR Part 39 on the internet at http:// www.regulations.gov by searching for Maintenance and Inspection [Docket No. FAA–2016–6145; Directorate and locating Docket No. FAA–2016– Requirements’’ (66 FR 23086, May 7, Identifier 2015–NM–056–AD] 6145. 2001). In addition to new airworthiness standards for transport airplanes and RIN 2120–AA64 Examining the AD Docket new maintenance requirements, this Airworthiness Directives; The Boeing You may examine the AD docket on rule included Special Federal Aviation Company Airplanes the Internet at http:// Regulation No. 88 (‘‘SFAR 88’’), www.regulations.gov by searching for Amendment 21–78. Subsequently, AGENCY: Federal Aviation and locating Docket No. FAA–2016– SFAR 88 was amended by: Amendment Administration (FAA), DOT. 6145; or in person at the Docket 21–82 (67 FR 57490, September 10, ACTION: Notice of proposed rulemaking Management Facility between 9 a.m. 2002; corrected at 67 FR 70809, (NPRM). and 5 p.m., Monday through Friday, November 26, 2002) and Amendment except Federal holidays. The AD docket 21–83 (67 FR 72830, December 9, 2002; SUMMARY: We propose to adopt a new contains this proposed AD, the corrected at 68 FR 37735, June 25, 2003, airworthiness directive (AD) for certain regulatory evaluation, any comments to change ‘‘21–82’’ to ‘‘21–83’’). The Boeing Company Model 747–400, received, and other information. The Among other actions, SFAR 88 747–400D, and 747–400F series street address for the Docket Office requires holders of certain type designs airplanes. This proposed AD was (phone: 800–647–5527) is in the (i.e., type certificates (TCs) and prompted by fuel system reviews ADDRESSES section. Comments will be supplemental type certificate (STCs)) to conducted by the manufacturer. This available in the AD docket shortly after substantiate that their fuel tank systems proposed AD would require modifying receipt. can prevent ignition sources in the fuel the fuel quantity indicating system tanks. This requirement applies to type (FQIS) to prevent development of an FOR FURTHER INFORMATION CONTACT: Jon design holders for large turbine- ignition source inside the center fuel Regimbal, Aerospace Engineer, powered transport airplanes and for tank due to electrical fault conditions. Propulsion Branch, ANM–140S, FAA, subsequent modifications to those This proposed AD would also provide Seattle Aircraft Certification Office airplanes. It requires them to perform alternative actions for cargo airplanes. (ACO), 1601 Lind Avenue SW., Renton, design reviews and to develop design We are proposing this AD to prevent WA 98057–3356; phone: 425–917–6506; changes and maintenance procedures if ignition sources inside the center fuel fax: 425–917–6590; email: their designs do not meet the new fuel tank, which, in combination with [email protected]. tank safety standards. As explained in flammable fuel vapors, could result in a SUPPLEMENTARY INFORMATION: the preamble to the rule, we intended to
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adopt airworthiness directives to tank could result in ignition of service information describes mandate any changes found necessary flammable vapor in the fuel tank, procedures for a BITE check (check of to address unsafe conditions identified causing a structural failure of the wing built-in test equipment) of the FQIS. as a result of these reviews. and inflight breakup of the airplane. Refer to this service information for In evaluating these design reviews, we Under the policy contained in FAA information on the procedures and have established four criteria intended Policy Memo PS–ANM100–2003–112– compliance times. This service to define the unsafe conditions 15, SFAR 88—Mandatory Action information is reasonably available associated with fuel tank systems that Decision Criteria, dated February 25, because the interested parties have _ require corrective actions. The 2003 (http://rgl.faa.gov/Regulatory access to it through their normal course _ _ percentage of operating time during and Guidance Library/rgPolicy.nsf/0/ of business or by the means identified which fuel tanks are exposed to dc94c3a46396950386256d5e006aed11/ in the ADDRESSES section. $FILE/Feb2503.pdf), the FAA flammable conditions is one of these FAA’s Determination criteria. The other three criteria address determined that this ignition source risk the failure types under evaluation: combined with the fleet average We are proposing this AD because we Single failures, combination of failures, flammability for the center wing tank on evaluated all the relevant information and unacceptable (failure) experience. Model 747–400, –400D, and –400F and determined the unsafe condition For all three failure criteria, the series airplanes created an unsafe described previously is likely to exist or evaluations included consideration of condition for the center fuel tank. develop in other products of the same previous actions taken that may mitigate Applying that same policy, the FAA type design. the need for further action. determined that due to a lower fleet average flammability, that same unsafe Proposed AD Requirements We have determined that the actions condition does not exist in the main identified in this proposed AD are This proposed AD would require (wing) or reserve tanks of Model 747– necessary to reduce the potential of modifying the FQIS to prevent 400, –400D, and –400F series airplanes. ignition sources inside fuel tanks, development of an ignition source which, in combination with flammable Related Rulemaking inside the center fuel tank due to fuel vapors, could result in fuel tank On March 21, 2016, we issued AD electrical fault conditions. As an explosions and consequent loss of the 2016–07–07, Amendment 39–18452 (81 alternative for cargo airplanes, this airplane. FR 19472, April 5, 2016), for certain proposed AD would provide the alternative to modify the airplane by Model 747 FQIS Design Boeing Model 757–200, –200PF, –200CB, and –300 series airplanes. AD separating FQIS wiring routed between The design of the in-tank FQIS 2016–07–07 requires similar actions to the FQIS processor and the center fuel components and wiring has the those proposed in this NPRM. AD 2016– tank, provided repetitive BITE checks potential for latent faults that could 07–07 addressed the numerous public (checks of built-in test equipment) of the cause arcs, sparks, or resistive heating in comments that were submitted on the FQIS are also performed. the event of a hot short of an FQIS tank proposal. Costs of Compliance circuit to power wiring. The wiring of the FQIS is in some areas cobundled or Related Service Information Under 1 We estimate that this proposed AD closely adjacent to power wiring. An CFR Part 51 affects 54 airplanes of U.S. registry. We ignition source combined with We reviewed Boeing Service Bulletin estimate the following costs to comply flammable conditions in a center fuel 747–28–2340, dated June 6, 2014. The with this proposed AD:
ESTIMATED COSTS—REQUIRED ACTIONS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Modification ... 1,200 work-hours × $85 per hour = $102,000 ...... $200,000 $302,000 $16,308,000.
ESTIMATED COSTS—ALTERNATIVE ACTIONS
Cost per Action Labor cost Parts cost product
BITE check ...... 1 work-hour × $85 per hour = $85 per check ...... $0 $340 per year (4 checks per year). Wire separation ...... 230 work-hours × $85 per hour = $19,550 ...... $10,000 $29,550.
Authority for This Rulemaking We are issuing this rulemaking under is within the scope of that authority the authority described in Subtitle VII, because it addresses an unsafe condition Title 49 of the United States Code Part A, Subpart III, Section 44701: that is likely to exist or develop on specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that products identified in this rulemaking rules on aviation safety. Subtitle I, section, Congress charges the FAA with action. section 106, describes the authority of promoting safe flight of civil aircraft in Regulatory Findings the FAA Administrator. Subtitle VII: air commerce by prescribing regulations Aviation Programs, describes in more for practices, methods, and procedures We determined that this proposed AD detail the scope of the Agency’s the Administrator finds necessary for would not have federalism implications authority. safety in air commerce. This regulation under Executive Order 13132. This
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proposed AD would not have a (e) Unsafe Condition (i) Alternative Methods of Compliance substantial direct effect on the States, on This AD was prompted by fuel system (AMOCs) the relationship between the national reviews conducted by the manufacturer. We (1) The Manager, Seattle Aircraft Government and the States, or on the are issuing this AD to prevent ignition Certification Office (ACO), FAA, has the distribution of power and sources inside the center fuel tank, which, in authority to approve AMOCs for this AD, if responsibilities among the various combination with flammable fuel vapors, requested using the procedures found in 14 levels of government. could result in a fuel tank explosion and CFR 39.19. In accordance with 14 CFR 39.19, For the reasons discussed above, I consequent loss of the airplane. send your request to your principal inspector certify this proposed regulation: (f) Compliance or local Flight Standards District Office, as (1) Is not a ‘‘significant regulatory appropriate. If sending information directly Comply with this AD within the action’’ under Executive Order 12866, to the manager of the ACO, send it to the compliance times specified, unless already (2) Is not a ‘‘significant rule’’ under attention of the person identified in done. the DOT Regulatory Policies and paragraph (j) of this AD. Information may be Procedures (44 FR 11034, February 26, (g) Modification emailed to: 9-ANM-Seattle-ACO-AMOC- 1979), Within 60 months after the effective date [email protected]. (3) Will not affect intrastate aviation of this AD, modify the fuel quantity (2) Before using any approved AMOC, in Alaska, and indicating system (FQIS) to prevent notify your appropriate principal inspector, (4) Will not have a significant development of an ignition source inside the or lacking a principal inspector, the manager economic impact, positive or negative, center fuel tank due to electrical fault of the local flight standards district office/ on a substantial number of small entities conditions, using a method approved in certificate holding district office. under the criteria of the Regulatory accordance with the procedures specified in (3) An AMOC that provides an acceptable Flexibility Act. paragraph (i) of this AD. level of safety may be used for any repair, List of Subjects in 14 CFR Part 39 (h) Alternative Actions for Cargo Airplanes modification, or alteration required by this AD if it is approved by the Boeing Air transportation, Aircraft, Aviation For airplanes used exclusively for cargo Commercial Airplanes Organization operations: As an alternative to the safety, Incorporation by reference, Designation Authorization (ODA) that has requirements of paragraph (g) of this AD, do Safety. been authorized by the Manager, Seattle the actions specified in paragraphs (h)(1) and ACO, to make those findings. To be The Proposed Amendment (h)(2) of this AD. To exercise this alternative, approved, the repair method, modification Accordingly, under the authority operators must perform the first inspection delegated to me by the Administrator, required under paragraph (h)(1) of this AD deviation, or alteration deviation must meet the FAA proposes to amend 14 CFR part within 6 months after the effective date of the certification basis of the airplane, and the approval must specifically refer to this AD. 39 as follows: this AD. To exercise this alternative for airplanes returned to service after conversion (4) For service information that contains PART 39—AIRWORTHINESS of the airplane from a passenger steps that are labeled as Required for DIRECTIVES configuration to an all-cargo configuration Compliance (RC), the provisions of more than 6 months after the effective date paragraphs (i)(4)(i) and (i)(4)(ii) apply. ■ 1. The authority citation for part 39 of this AD, operators must perform the first (i) The steps labeled as RC, including continues to read as follows: inspection required under paragraph (h)(1) of substeps under an RC step and any figures this AD prior to further flight after the identified in an RC step, must be done to Authority: 49 U.S.C. 106(g), 40113, 44701. conversion. comply with the AD. An AMOC is required § 39.13 [Amended] (1) Within 6 months after the effective date for any deviations to RC steps, including ■ 2. The FAA amends § 39.13 by adding of this AD, record the existing fault codes substeps and identified figures. the following new airworthiness stored in the FQIS processor and then do a (ii) Steps not labeled as RC may be directive (AD): BITE check (check of built-in test equipment) deviated from using accepted methods in of the FQIS, in accordance with the accordance with the operator’s maintenance The Boeing Company: Docket No. FAA– Accomplishment Instructions of Boeing or inspection program without obtaining 2016–6145; Directorate Identifier 2015– Service Bulletin 747–28–2340, dated June 6, approval of an AMOC, provided the RC steps, NM–056–AD. 2014. If any nondispatchable fault code is including substeps and identified figures, can (a) Comments Due Date recorded prior to the BITE check or as a still be done as specified, and the airplane result of the BITE check, before further flight, We must receive comments by June 17, can be put back in an airworthy condition. 2016. do all applicable repairs and repeat the BITE check until a successful test is performed (j) Related Information (b) Affected ADs with no nondispatchable faults found, in (1) For more information about this AD, None. accordance with the Accomplishment contact Jon Regimbal, Aerospace Engineer, Instructions of Boeing Service Bulletin 747– (c) Applicability Propulsion Branch, ANM–140S, FAA, Seattle 28–2340, dated June 6, 2014. Repeat these ACO, 1601 Lind Avenue SW., Renton, WA This AD applies to The Boeing Company actions thereafter at intervals not to exceed 98057–3356; phone: 425–917–6506; fax: 425– Model 747–400, –400D, and –400F series 650 flight hours. Modification as specified in 917–6590; email: [email protected]. airplanes, certificated in any category, paragraph (h)(2) of this AD does not (2) For service information identified in excluding airplanes equipped with a terminate the repetitive BITE check this AD, contact Boeing Commercial flammability reduction means (FRM) requirement of this paragraph. approved by the FAA as compliant with the (2) Within 60 months after the effective Airplanes, Attention: Data & Services Fuel Tank Flammability Reduction (FTFR) date of this AD, modify the airplane by Management, P.O. Box 3707, MC 2H–65, rule (73 FR 42444, July 21, 2008) separating FQIS wiring that runs between the Seattle, WA 98124–2207; telephone 206– requirements of section 25.981(b) or section FQIS processor and the center tank wing spar 544–5000, extension 1; fax 206–766–5680; 26.33(c)(1) of the Federal Aviation Internet https://www.myboeingfleet.com. You Regulations (14 CFR 25.981(b) or 14 CFR penetrations, including any circuits that may view this referenced service information 26.33(c)(1)). might pass through a main fuel tank, from other airplane wiring that is not intrinsically at the FAA, Transport Airplane Directorate, (d) Subject safe, using methods approved in accordance 1601 Lind Avenue SW., Renton, WA. For Air Transport Association (ATA) of with the procedures specified in paragraph information on the availability of this America Code 28, Fuel. (i) of this AD. material at the FAA, call 425–227–1221.
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Issued in Renton, Washington, on April 15, Examining the AD Docket rule included Special Federal Aviation 2016. You may examine the AD docket on Regulation No. 88 (‘‘SFAR 88’’), Victor Wicklund, the Internet at http:// Amendment 21–78. Subsequently, Acting Manager, Transport Airplane www.regulations.gov by searching for SFAR 88 was amended by: Amendment Directorate, Aircraft Certification Service. and locating Docket No. FAA–2016– 21–82 (67 FR 57490, September 10, [FR Doc. 2016–09794 Filed 5–2–16; 8:45 am] 6143; or in person at the Docket 2002; corrected at 67 FR 70809, BILLING CODE 4910–13–P Management Facility between 9 a.m. November 26, 2002) and Amendment and 5 p.m., Monday through Friday, 21–83 (67 FR 72830, December 9, 2002; except Federal holidays. The AD docket corrected at 68 FR 37735, June 25, 2003, DEPARTMENT OF TRANSPORTATION contains this proposed AD, the to change ‘‘21–82’’ to ‘‘21–83’’). Among other actions, SFAR 88 regulatory evaluation, any comments Federal Aviation Administration requires certain type design (i.e., type received, and other information. The certificate (TC) and supplemental type street address for the Docket Office 14 CFR Part 39 certificate (STC)) holders to substantiate (phone: 800–647–5527) is in the that their fuel tank systems can prevent [Docket No. FAA–2016–6143; Directorate ADDRESSES section. Comments will be Identifier 2015–NM–028–AD] ignition sources in the fuel tanks. This available in the AD docket shortly after requirement applies to type design RIN 2120–AA64 receipt. holders for large turbine-powered FOR FURTHER INFORMATION CONTACT: Dan transport airplanes and for subsequent Airworthiness Directives; Airbus Rodina, Aerospace Engineer, modifications to those airplanes. It Airplanes International Branch, ANM–116, requires them to perform design reviews Transport Airplane Directorate, FAA, AGENCY: Federal Aviation and to develop design changes and Administration (FAA), DOT. 1601 Lind Avenue SW., Renton, WA maintenance procedures if their designs 98057–3356; telephone 425–227–2125; do not meet the new fuel tank safety ACTION: Notice of proposed rulemaking fax 425–227–1149. (NPRM). standards. As explained in the preamble SUPPLEMENTARY INFORMATION: to the rule, we intended to adopt SUMMARY: We propose to adopt a new Comments Invited airworthiness directives to mandate any airworthiness directive (AD) for all changes found necessary to address Airbus Model A300 B4–600, B4–600R, We invite you to send any written unsafe conditions identified as a result and F4–600R series airplanes, and relevant data, views, or arguments about of these reviews. Model A300 C4–605R Variant F this proposal. Send your comments to In evaluating these design reviews, we airplanes (collectively called Model an address listed under the ADDRESSES have established four criteria intended A300–600 series airplanes), and Model section. Include ‘‘Docket No. FAA– to define the unsafe conditions A310 series airplanes. This proposed 2016–6143; Directorate Identifier 2015– associated with fuel tank systems that AD was prompted by fuel system NM–028–AD’’ at the beginning of your require corrective actions. The reviews conducted by the manufacturer. comments. We specifically invite percentage of operating time during This proposed AD would require comments on the overall regulatory, which fuel tanks are exposed to modifying the fuel quantity indicating economic, environmental, and energy flammable conditions is one of these system (FQIS) to prevent development aspects of this proposed AD. We will criteria. The other three criteria address of an ignition source inside the center consider all comments received by the the failure types under evaluation: fuel tank due to electrical fault closing date and may amend this Single failures, combination of failures, conditions. This proposed AD would proposed AD because of those and unacceptable (failure) experience. also provide alternative actions for cargo comments. For all three failure criteria, the airplanes. We are proposing this AD to We will post all comments we evaluations included consideration of prevent ignition sources inside the receive, without change, to http:// previous actions taken that may mitigate center fuel tank, which, in combination www.regulations.gov, including any the need for further action. with flammable fuel vapors, could result personal information you provide. We We have determined that the actions in a fuel tank explosion and consequent will also post a report summarizing each identified in this proposed AD are loss of the airplane. substantive verbal contact we receive necessary to reduce the potential of about this proposed AD. ignition sources inside fuel tanks, DATES: We must receive comments on which, in combination with flammable this proposed AD by June 17, 2016. Discussion fuel vapors, could result in fuel tank ADDRESSES: You may send comments, The FAA has examined the explosions and consequent loss of the using the procedures found in 14 CFR underlying safety issues involved in fuel airplane. 11.43 and 11.45, by any of the following tank explosions on several large methods: transport airplanes, including the Model A300–600/A310 FQIS Design • Federal eRulemaking Portal: Go to adequacy of existing regulations, the The design of the in-tank FQIS http://www.regulations.gov. Follow the service history of airplanes subject to components and wiring has the instructions for submitting comments. those regulations, and existing potential for a latent FQIS electrical • Fax: 202–493–2251. maintenance practices for fuel tank fault condition inside the fuel tank • Mail: U.S. Department of systems. As a result of those findings, combined with an electrical hot short Transportation, Docket Operations, M– we issued a regulation titled ‘‘Transport condition connecting a high power 30, West Building Ground Floor, Room Airplane Fuel Tank System Design source to the FQIS wiring to cause an W12–140, 1200 New Jersey Avenue SE., Review, Flammability Reduction and ignition source in a fuel tank. Washington, DC 20590. Maintenance and Inspection Under the policy contained in FAA • Hand Delivery: Deliver to Mail Requirements’’ (66 FR 23086, May 7, Policy Memo PS–ANM100–2003–112– address above between 9 a.m. and 5 2001). In addition to new airworthiness 15, SFAR 88—Mandatory Action p.m., Monday through Friday, except standards for transport airplanes and Decision Criteria, dated February 25, Federal holidays. new maintenance requirements, this 2003 (http://rgl.faa.gov/Regulatory_
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and_Guidance_Library/rgPolicy.nsf/0/ comply with the basic requirements of (2) Is not a ‘‘significant rule’’ under dc94c3a46396950386256d5e006aed11/ this proposed AD. The average labor the DOT Regulatory Policies and $FILE/Feb2503.pdf), the FAA rate is $85 per work-hour. We have Procedures (44 FR 11034, February 26, determined that this ignition source risk received no definitive data that would 1979), combined with the fleet average enable us to provide cost estimates for (3) Will not affect intrastate aviation flammability for the center wing tank on the parts needed to do the actions in Alaska, and Model A300–600 and A310 series specified in this proposed AD. Based on (4) Will not have a significant airplanes created an unsafe condition these figures, we estimate the labor cost economic impact, positive or negative, for the center fuel tank. Applying that of this proposed AD on U.S. operators on a substantial number of small entities same policy, the FAA determined that to be $14,280,000, or $102,000 per under the criteria of the Regulatory due to a lower fleet average product. Flexibility Act. flammability, that same unsafe We have not received definitive condition does not exist in the main information on the costs for the List of Subjects in 14 CFR Part 39 wing tanks (inner and outer) and tail alternative wire separation modification trim tank (on certain Model A300–600 specified in this NPRM. The cost for this Air transportation, Aircraft, Aviation series airplanes) of these airplanes. action in similar rulemaking on other safety, Incorporation by reference, airplanes, however, suggests that this Safety. Related Rulemaking modification could take about 74 work- The Proposed Amendment On March 21, 2016, we issued AD hours with parts costing about $10,000, 2016–07–07, Amendment 39–18452 (81 for a total estimated cost to U.S. Accordingly, under the authority FR 19472, April 5, 2016), for certain operators of $16,290 per product. delegated to me by the Administrator, Boeing Model 757–200, –200PF, We estimate that the repetitive FQIS the FAA proposes to amend 14 CFR part –200CB, and –300 series airplanes. AD tank circuit checks associated with the 39 as follows: 2016–07–07 requires similar actions to alternative wire separation modification those proposed in this NPRM. AD 2016– would take about 1 work-hour per PART 39—AIRWORTHINESS 07–07 addressed the numerous public check. We estimate the cost of this DIRECTIVES comments that were submitted on the check on U.S. operators to be $85 per proposal. product, per check. ■ 1. The authority citation for part 39 continues to read as follows: FAA’s Determination Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. This product has been approved by Title 49 of the United States Code the aviation authority of another specifies the FAA’s authority to issue § 39.13 [Amended] country, and is approved for operation rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding in the United States. We are proposing section 106, describes the authority of the following new airworthiness this AD because we evaluated all the the FAA Administrator. Subtitle VII: directive (AD): relevant information and determined Aviation Programs, describes in more the unsafe condition described detail the scope of the Agency’s Airbus: Docket No. FAA–2016–6143; previously is likely to exist or develop authority. Directorate Identifier 2015–NM–028–AD. in other products of the same type We are issuing this rulemaking under (a) Comments Due Date design. the authority described in Subtitle VII, We must receive comments by June 17, In accordance with FAA policy memo Part A, Subpart III, Section 44701: 2016. SFAR 88—Mandatory Action Decision ‘‘General requirements.’’ Under that (b) Affected ADs Criteria, dated February 25, 2003, we section, Congress charges the FAA with have determined that the unsafe promoting safe flight of civil aircraft in None. condition warrants issuance of an AD to air commerce by prescribing regulations (c) Applicability mandating the actions proposed in this for practices, methods, and procedures This AD applies to all Airbus airplanes, NPRM. the Administrator finds necessary for certificated in any category, identified in safety in air commerce. This regulation Proposed AD Requirements paragraphs (c)(1) through (c)(5) of this AD. is within the scope of that authority (1) Model A300 B4–601, B4–603, B4–620, This proposed AD would require because it addresses an unsafe condition and B4–622 airplanes. modifying the FQIS to prevent that is likely to exist or develop on (2) Model A300 B4–605R and B4–622R development of an ignition source products identified in this rulemaking airplanes. inside the center fuel tank due to action. (3) Model A300 F4–605R and F4–622R electrical fault conditions. As an airplanes. alternative for cargo airplanes, this Regulatory Findings (4) Model A300 C4–605R Variant F We determined that this proposed AD airplanes. proposed AD would provide the (5) Model A310–203, –204, –221, –222, alternative to modify the airplane by would not have federalism implications –304, –322, –324, and –325 airplanes. separating FQIS wiring routed between under Executive Order 13132. This the fuel quantity indicating (FQI) proposed AD would not have a (d) Subject computer and the center fuel tank, substantial direct effect on the States, on Air Transport Association (ATA) of provided repetitive BITE (built-in test the relationship between the national America Code 28, Fuel. equipment) checks of the FQI computer Government and the States, or on the (e) Unsafe Condition distribution of power and are also performed. This AD was prompted by fuel system responsibilities among the various Costs of Compliance reviews conducted by the manufacturer. We levels of government. are issuing this AD to prevent ignition We estimate that this proposed AD For the reasons discussed above, I sources inside the center fuel tank, which, in affects 140 airplanes of U.S. registry. certify this proposed regulation: combination with flammable fuel vapors, We also estimate that it would take (1) Is not a ‘‘significant regulatory could result in a fuel tank explosion and about 1,200 work-hours per product to action’’ under Executive Order 12866, consequent loss of the airplane.
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(f) Compliance attention of the person identified in • Federal eRulemaking Portal: Go to Comply with this AD within the paragraph (j) of this AD. http://www.regulations.gov. Follow the compliance times specified, unless already (2) Before using any approved AMOC, instructions for submitting comments. done. notify your appropriate principal inspector, • Fax: 202–493–2251. or lacking a principal inspector, the manager • Mail: U.S. Department of (g) Modification of the local flight standards district office/ Transportation, Docket Operations, certificate holding district office. Within 60 months after the effective date M–30, West Building Ground Floor, of this AD, modify the fuel quantity (j) Related Information Room W12–140, 1200 New Jersey indicating system (FQIS) to prevent For more information about this AD, Avenue SE., Washington, DC 20590. development of an ignition source inside the • center fuel tank due to electrical fault contact Dan Rodina, Aerospace Engineer, Hand Delivery: U.S. Department of conditions, using a method approved by the International Branch, ANM–116, Transport Transportation, Docket Operations, Manager, International Branch, ANM–116, Airplane Directorate, FAA, 1601 Lind M–30, West Building Ground Floor, Transport Airplane Directorate, FAA. Avenue SW., Renton, WA 98057–3356; Room W12–140, 1200 New Jersey telephone 425–227–2125; fax 425–227–1149. (h) Alternative Actions for Cargo Airplanes Avenue SE., Washington, DC, between 9 Issued in Renton, Washington, on April 15, a.m. and 5 p.m., Monday through For airplanes used exclusively for cargo 2016. Friday, except Federal holidays. operations: As an alternative to the requirements of paragraph (g) of this AD, do Victor Wicklund, Examining the AD Docket the actions specified in paragraphs (h)(1) and Acting Manager, Transport Airplane (h)(2) of this AD. To exercise this alternative, Directorate, Aircraft Certification Service. You may examine the AD docket on operators must perform the first inspection [FR Doc. 2016–09792 Filed 5–2–16; 8:45 am] the Internet at http:// www.regulations.gov by searching for required under paragraph (h)(1) of this AD BILLING CODE 4910–13–P within 6 months after the effective date of and locating Docket No. FAA–2016– this AD. To exercise this alternative for 6146; or in person at the Docket airplanes returned to service after conversion DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m. of the airplane from a passenger and 5 p.m., Monday through Friday, configuration to an all-cargo configuration Federal Aviation Administration except Federal holidays. The AD docket more than 6 months after the effective date contains this proposed AD, the of this AD, operators must perform the first inspection required under paragraph (h)(1) of 14 CFR Part 39 regulatory evaluation, any comments this AD prior to further flight after the received, and other information. The conversion. [Docket No. FAA–2016–6146; Directorate street address for the Docket Operations (1) Within 6 months after the effective date Identifier 2014–NM–120–AD] office (telephone 800–647–5527) is in of this AD, record the existing fault codes the ADDRESSES section. Comments will stored in the fuel quantity indicating (FQI) RIN 2120–AA64 be available in the AD docket shortly computer, and then do a BITE check (check after receipt. of built-in test equipment) of the FQI Airworthiness Directives; Dassault FOR FURTHER INFORMATION CONTACT: Tom computer, using a method approved by the Aviation Airplanes Manager, International Branch, ANM–116, Rodriguez, Aerospace Engineer, Transport Airplane Directorate, FAA. If any AGENCY: Federal Aviation International Branch, ANM–116, FAA, fault code is recorded prior to the BITE check Administration (FAA), DOT. Transport Airplane Directorate, 1601 or as a result of the BITE check, before Lind Avenue SW., Renton, WA 98057– ACTION: Notice of proposed rulemaking further flight, do all applicable repairs and 3356; telephone 425–227–1137; fax (NPRM). repeat the BITE check until a successful test 425–227–1149. is performed with no fault found, using a SUMMARY: SUPPLEMENTARY INFORMATION: method approved by the Manager, We propose to supersede International Branch, ANM–116, Transport Airworthiness Directive (AD) 2008–19– Comments Invited Airplane Directorate, FAA. Repeat these 08, for all Dassault Aviation Model actions thereafter at intervals not to exceed Falcon 10 airplanes. AD 2008–19–08 We invite you to send any written 650 flight hours. Modification as specified in currently requires repetitive relevant data, views, or arguments about paragraph (h)(2) of this AD does not replacement of the flexible hoses this proposed AD. Send your comments terminate the repetitive BITE check installed in the wing (slat) anti-icing to an address listed under the requirement of this paragraph. system with new hoses. Since we issued ADDRESSES section. Include ‘‘Docket No. (2) Within 60 months after the effective AD 2008–19–08, additional reports were FAA–2016–6146; Directorate Identifier date of this AD, modify the airplane by 2014–NM–120–AD’’ at the beginning of separating FQIS wiring that runs between the received of collapse of the flexible hoses installed in the slat anti-icing systems your comments. We specifically invite FQI computer and the center fuel tank wall comments on the overall regulatory, penetrations, including any circuits that on airplanes equipped with new, might pass through a main fuel tank, from improved hoses. This proposed AD economic, environmental, and energy other airplane wiring that is not intrinsically would require reducing the life limit of aspects of this proposed AD. We will safe, using methods approved by the these flexible hoses, which would consider all comments received by the Manager, International Branch, ANM–116, reduce the repetitive replacement closing date and may amend this Transport Airplane Directorate, FAA. intervals. We are proposing this AD to proposed AD based on those comments. We will post all comments we (i) Alternative Methods of Compliance prevent collapse of the flexible hoses in (AMOCs) the slat anti-icing system, which could receive, without change, to http:// lead to insufficient anti-icing capability www.regulations.gov, including any (1) The Manager, International Branch, personal information you provide. We ANM–116, FAA, has the authority to approve and, if icing is encountered in this AMOCs for this AD, if requested using the situation, could result in reduced will also post a report summarizing each procedures found in 14 CFR 39.19. In controllability of the airplane. substantive verbal contact we receive accordance with 14 CFR 39.19, send your about this proposed AD. DATES: We must receive comments on request to your principal inspector or local Discussion Flight Standards District Office, as this proposed AD by June 17, 2016. appropriate. If sending information directly ADDRESSES: You may send comments by On September 12, 2008, we issued AD to the manager of the ACO, send it to the any of the following methods: 2008–19–08, Amendment 39–15675 (73
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FR 54492, September 22, 2008) (‘‘AD condition exists and is likely to exist or 2. Is not a ‘‘significant rule’’ under the 2008–19–08’’). AD 2008–19–08 requires develop on other products of the same DOT Regulatory Policies and Procedures actions intended to address an unsafe type design. (44 FR 11034, February 26, 1979); condition on all Dassault Aviation 3. Will not affect intrastate aviation in Costs of Compliance Model Falcon 10 airplanes. Alaska; and Since we issued AD 2008–19–08, We estimate that this proposed AD 4. Will not have a significant additional reports were received of affects 124 airplanes of U.S. registry. economic impact, positive or negative, collapse of the flexible hoses installed The actions that are required by AD on a substantial number of small entities in the slat anti-icing systems on 2008–19–08 and retained in this under the criteria of the Regulatory airplanes equipped with new, improved proposed AD take about 8 work-hours Flexibility Act. hoses. per product, at an average labor rate of List of Subjects in 14 CFR Part 39 The European Aviation Safety Agency $85 per work-hour. Required parts cost Air transportation, Aircraft, Aviation (EASA), which is the Technical Agent about $880. Based on these figures, the safety, Incorporation by reference, for the Member States of the European estimated cost of the actions that are Safety. Union, has issued EASA Airworthiness required by AD 2008–19–08 is up to Directive 2014–0104, dated May 7, 2014 $1,560, per replacement cycle. The Proposed Amendment (referred to after this as the Mandatory Continuing Airworthiness Information, We also estimate that it would take Accordingly, under the authority or ‘‘the MCAI’’), to correct an unsafe about 4 work-hours per product to delegated to me by the Administrator, condition on all Dassault Aviation comply with the basic requirements of the FAA proposes to amend 14 CFR part Model Falcon 10 airplanes. The MCAI this proposed AD. The average labor 39 as follows: states: rate is $85 per work-hour. Required parts would cost about $936 per PART 39—AIRWORTHINESS Occurrences were reported involving an in- product. Based on these figures, we DIRECTIVES service Falcon 10 aeroplane, where wing estimate the cost of this proposed AD on anti-ice hoses collapsed. The subsequent U.S. operators to be $158,224, or $1,276 ■ 1. The authority citation for part 39 investigation revealed that the flexible hose, continues to read as follows: Part Number (P/N) FAL1005, collapsed per product. Authority: 49 U.S.C. 106(g), 40113, 44701. because of an internal ply separation. Authority for This Rulemaking This condition, if not corrected, could lead § 39.13 [Amended] to failure of the ice-protection system to Title 49 of the United States Code ■ remove ice accretion on the wing, possibly specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by resulting in reduced control of the aeroplane. rules on aviation safety. Subtitle I, removing Airworthiness Directive (AD) To address this potential unsafe condition, 2008–19–08, Amendment 39–15675 (73 EASA issued AD 2005–0020 and AD 2006– section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: FR 54492, September 22, 2008), and 0114 [which corresponds to AD 2008–19–08], adding the following new AD: respectively, imposing flight limitations and Aviation Programs,’’ describes in more requiring replacement of the flexible hoses detail the scope of the Agency’s Dassault Aviation: Docket No. FAA–2016– P/N FAL1005 with improved hoses P/N authority. 6146; Directorate Identifier 2014–NM– FAL1007. We are issuing this rulemaking under 120–AD. Since those [EASA] ADs were issued, the authority described in ‘‘Subtitle VII, (a) Comments Due Date further occurrences were reported concerning aeroplanes with improved hoses, which led Part A, Subpart III, Section 44701: We must receive comments by June 17, to the conclusion that the life limit of the General requirements.’’ Under that 2016. section, Congress charges the FAA with flexible hose P/N FAL1007 must be reduced. (b) Affected ADs For the reasons above, this [EASA] AD promoting safe flight of civil aircraft in retains the requirements of EASA AD 2006– air commerce by prescribing regulations This AD replaces AD 2008–19–08, 0114, which is superseded; supersedes EASA for practices, methods, and procedures Amendment 39–15675 (73 FR 54492, September 22, 2008) (‘‘AD 2008–19–08’’). AD 2005–0020; requires replacement of the Administrator finds necessary for flexible hoses having P/N FAL 1000, P/N safety in air commerce. This regulation (c) Applicability 1001, P/N FAL1005, or P/N FAL1005D, and is within the scope of that authority This AD applies to all Dassault Aviation reduces the life limit of the flexible hoses Model Falcon 10 airplanes, certificated in P/N 1007 [which would reduce the repetitive because it addresses an unsafe condition any category. replacement intervals]. that is likely to exist or develop on products identified in this rulemaking (d) Subject You may examine the MCAI in the AD action. docket on the Internet at http:// Air Transport Association (ATA) of www.regulations.gov by searching for Regulatory Findings America Code 30, Ice and Rain Protection. and locating Docket No. FAA–2016– We determined that this proposed AD (e) Reason 6146. would not have federalism implications This AD was prompted by reports of FAA’s Determination and Requirements under Executive Order 13132. This collapse of the flexible hoses installed in the of This Proposed AD proposed AD would not have a slat anti-icing systems on airplanes equipped substantial direct effect on the States, on with new, improved hoses. We are issuing This product has been approved by this AD to prevent collapse of the flexible the aviation authority of another the relationship between the national hoses in the slat anti-icing system, which country, and is approved for operation Government and the States, or on the could lead to insufficient anti-icing in the United States. Pursuant to our distribution of power and capability and, if icing is encountered in this bilateral agreement with the State of responsibilities among the various situation, could result in reduced Design Authority, we have been notified levels of government. controllability of the airplane. of the unsafe condition described in the For the reasons discussed above, I (f) Compliance MCAI. We are proposing this AD certify this proposed regulation: Comply with this AD within the because we evaluated all pertinent 1. Is not a ‘‘significant regulatory compliance times specified, unless already information and determined an unsafe action’’ under Executive Order 12866; done.
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(g) Retained Repetitive Hose Replacement replacements are done as required by ACTION: Notice of proposed rulemaking With Revised Compliance Language paragraph (i) of this AD. (NPRM). This paragraph restates the requirements of (l) Other FAA AD Provisions paragraph (h) of AD 2008–19–08, with SUMMARY: This action proposes to The following provisions also apply to this revised compliance language. As of October modify Class E airspace extending AD: 27, 2008 (the effective date of AD 2008–19– (1) Alternative Methods of Compliance upward from 700 feet above the surface 08), replace the flexible hoses installed in the (AMOCs): The Manager, International at Hutchinson Municipal Airport-Butler slat anti-icing system with new hoses having Branch, ANM–116, Transport Airplane Field, Hutchinson, MN; Jackson part number (P/N) FAL1007, in accordance Directorate, FAA, has the authority to Municipal Airport, Jackson, MN; with the Accomplishment Instructions of approve AMOCs for this AD, if requested Pipestone Municipal Airport, Pipestone, Dassault Service Bulletin F10–313, Revision using the procedures found in 14 CFR 39.19. 1, dated May 10, 2006, within 700 flight MN; Richard B. Helgeson Airport, Two In accordance with 14 CFR 39.19, send your Harbors, MN; and Waseca Municipal hours since the last replacement or within request to your principal inspector or local 100 flight hours after October 27, 2008, Flight Standards District Office, as Airport, Waseca, MN. Decommissioning whichever occurs later, and thereafter at appropriate. If sending information directly of the non-directional radio beacon intervals not to exceed 700 flight hours. to the International Branch, send it to ATTN: (NDB), cancellation of NDB approaches, Accomplishing the replacement required by Tom Rodriguez, Aerospace Engineer, and implementation of area navigation paragraph (h) of this AD ends the repetitive International Branch, ANM–116, Transport (RNAV) procedures have made this inspections required by this paragraph. Airplane Directorate, FAA, 1601 Lind action necessary for the safety and (h) New Requirement of This AD: Hose Avenue SW., Renton, WA 98057–3356; management of Instrument Flight Rules Replacement for Certain Part Numbers telephone 425–227–1137; fax 425–227–1149. (IFR) operations at the above airports. Information may be emailed to: 9-ANM-116- Within 65 days after the effective date of [email protected]. Before using This action would also update the this AD: Replace any flexible hose having any approved AMOC, notify your appropriate geographic coordinates at Hutchinson part number (P/N) FAL1000, P/N FAL1001, principal inspector, or lacking a principal Municipal-Butler Field, Jackson or P/N FAL1005D with a new, improved inspector, the manager of the local flight Municipal Airport, Pipestone Municipal flexible hose having P/N FAL1007, using a standards district office/certificate holding Airport, and Richard B. Helgeson method approved by the Manager, district office. The AMOC approval letter Airport, to coincide with the FAAs International Branch, ANM–116, Transport must specifically reference this AD. aeronautical database. Airplane Directorate, FAA; or the European (2) Contacting the Manufacturer: For any Aviation Safety Agency (EASA); or Dassault requirement in this AD to obtain corrective DATES: Comments must be received on Aviation’s EASA Design Organization actions from a manufacturer, the action must or before June 17, 2016. Approval (DOA). be accomplished using a method approved ADDRESSES: Send comments on this by the Manager, International Branch, ANM– (i) Life-limit for P/N FAL1007—Repetitive proposal to the U.S. Department of 116, Transport Airplane Directorate, FAA; or Replacements the EASA; or Dassault Aviation’s EASA Transportation, Docket Operations, M– At the later of the times specified in DOA. If approved by the DOA, the approval 30, West Building Ground Floor, Room paragraphs (i)(1) and (i)(2) of this AD, replace must include the DOA-authorized signature. W12–140, 1200 New Jersey Avenue SE., any flexible hose having part number P/N Washington, DC 20590; telephone (202) (m) Related Information FAL1007 with a serviceable flexible hose 366–9826. You must identify FAA having P/N FAL1007, using a method Refer to Mandatory Continuing Docket No. FAA–2016–4271; Airspace approved by the Manager, International Airworthiness Information (MCAI) EASA Docket No. 16–AGL–6, at the beginning Branch, ANM–116, Transport Airplane Airworthiness Directive 2014–0104, dated Directorate, FAA; or EASA; or Dassault May 7, 2014, for related information. This of your comments. You may also submit Aviation’s EASA DOA. Thereafter, before the MCAI may be found in the AD docket on the comments through the Internet at accumulation of 350 flight hours on any Internet at http://www.regulations.gov by http://www.regulations.gov. You may flexible hose having P/N FAL1007, replace searching for and locating Docket No. FAA– review the public docket containing the the flexible hose with a serviceable flexible 2016–6146. proposal, any comments received, and hose having P/N FAL1007. any final disposition in person in the (1) Before the accumulation of 350 flight Issued in Renton, Washington, on April 20, Dockets Office between 9:00 a.m. and 2016. hours on the flexible hose P/N FAL1007 5:00 p.m., Monday through Friday, since first installation on an airplane. John P. Piccola, Jr., except Federal holidays. The Docket (2) At the earlier of the times specified in Acting Manager, Transport Airplane (i)(2)(i) and (i)(2)(ii) of this AD. Office (telephone 1–800–647–5527) is Directorate, Aircraft Certification Service. on the ground floor of the building at (i) Within 200 flight hours after the [FR Doc. 2016–10124 Filed 5–2–16; 8:45 am] effective date of this AD. the above address. (ii) Before the accumulation of 700 flight BILLING CODE 4910–13–P FAA Order 7400.9Z, Airspace hours on the flexible hose P/N FAL1007 Designations and Reporting Points, and since first installation on an airplane, or subsequent amendments can be viewed DEPARTMENT OF TRANSPORTATION within 65 days after the effective date of this online at http://www.faa.gov/air_traffic/ AD, whichever occurs later. Federal Aviation Administration publications/. For further information, (j) Definition of Serviceable Flexible Hose you can contact the Airspace Policy For the purpose of this AD, a serviceable 14 CFR Part 71 Group, Federal Aviation flexible hose is a flexible hose having P/N Administration, 800 Independence FAL1007 that has accumulated 350 flight [Docket No. FAA–2016–4271; Airspace Avenue SW., Washington, DC 20591; hours or less since first installation on an Docket No. 16–AGL–6] telephone: 202–267–8783. The Order is airplane. Proposed Amendment of Class E also available for inspection at the (k) Parts Installation Limitation Airspace for the Following Minnesota National Archives and Records Administration (NARA). For After accomplishing the replacement Towns; Hutchinson, MN; Jackson, MN; information on the availability of FAA required by paragraph (h) of this AD, no Pipestone, MN; Two Harbors, MN; and person may install a flexible hose in the slat Waseca, MN Order 7400.9Z at NARA, call 202–741– anti-icing system on any airplane, unless that 6030, or go to http://www.archives.gov/ hose is a serviceable flexible hose having AGENCY: Federal Aviation federal_register/code_of_federal- P/N FAL1007, and thereafter repetitive hose Administration (FAA), DOT. regulations/ibr_locations.html.
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FAA Order 7400.9, Airspace Availability of NPRMs (RNAV) procedures at the above Designations and Reporting Points, is An electronic copy of this document airports. Controlled airspace is published yearly and effective on may be downloaded through the necessary for the safety and September 15. Internet at http://www.regulations.gov. management of the standard instrument FOR FURTHER INFORMATION CONTACT: Recently published rulemaking approach procedures for IFR operations Jeffrey Claypool, Federal Aviation documents can also be accessed through at the airports. Geographic coordinates Administration, Operations Support the FAA’s Web page at http:// would be adjusted for the following Group, Central Service Center, 10101 www.faa.gov/airports_airtraffic/air_ airports: Hutchinson Municipal-Butler Hillwood Parkway, Fort Worth, TX traffic/publications/airspace_ Field, Jackson Municipal Airport, 76177; telephone (817) 222–5711. amendments/. Pipestone Municipal Airport, and You may review the public docket Richard B. Helgeson Airport, to coincide SUPPLEMENTARY INFORMATION: containing the proposal, any comments with the FAAs aeronautical database. Authority for This Rulemaking received, and any final disposition in Class E airspace designations are person in the Dockets Office (see the published in paragraph 6005 of FAA The FAA’s authority to issue rules ADDRESSES section for the address and Order 7400.9Z, dated August 6, 2015, regarding aviation safety is found in phone number) between 9:00 a.m. and and effective September 15, 2015, which Title 49 of the United States Code. 5:00 p.m., Monday through Friday, is incorporated by reference in 14 CFR Subtitle I, Section 106 describes the except federal holidays. An informal 71.1. The Class E airspace designations authority of the FAA Administrator. docket may also be examined during listed in this document will be Subtitle VII, Aviation Programs, normal business hours at the Federal describes in more detail the scope of the Aviation Administration, Air Traffic published subsequently in the Order. agency’s authority. This rulemaking is Organization, Central Service Center, Regulatory Notices and Analyses promulgated under the authority Operations Support Group, 10101 described in Subtitle VII, Part, A, Hillwood Parkway, Fort Worth, TX The FAA has determined that this Subpart I, Section 40103. Under that 76177. regulation only involves an established section, the FAA is charged with Persons interested in being placed on body of technical regulations for which prescribing regulations to assign the use a mailing list for future NPRMs should frequent and routine amendments are of airspace necessary to ensure the contact the FAA’s Office of Rulemaking, necessary to keep them operationally safety of aircraft and the efficient use of (202) 267–9677, for a copy of Advisory current, is non-controversial and airspace. This regulation is within the Circular No. 11–2A, Notice of Proposed unlikely to result in adverse or negative scope of that authority as it would Rulemaking Distribution System, which comments. It, therefore: (1) Is not a amend Class E airspace at Hutchinson describes the application procedure. ‘‘significant regulatory action’’ under Municipal Airport-Butler Field, Availability and Summary of Executive Order 12866; (2) is not a Hutchinson, MN; Jackson Municipal Documents Proposed for Incorporation ‘‘significant rule’’ under DOT Airport, Jackson, MN; Pipestone by Reference Regulatory Policies and Procedures (44 Municipal Airport, Pipestone, MN; FR 11034; February 26, 1979); and (3) Richard B. Helgeson Airport, Two This document would amend FAA Order 7400.9Z, Airspace Designations does not warrant preparation of a Harbors, MN; and Waseca Municipal regulatory evaluation as the anticipated Airport, Waseca, MN. and Reporting Points, dated August 6, 2015, and effective September 15, 2015. impact is so minimal. Since this is a Comments Invited FAA Order 7400.9Z is publicly available routine matter that will only affect air as listed in the ADDRESSES section of this traffic procedures and air navigation, it Interested parties are invited to document. FAA Order 7400.9Z lists is certified that this rule, when participate in this proposed rulemaking Class A, B, C, D, and E airspace areas, promulgated, would not have a by submitting such written data, views, air traffic service routes, and reporting significant economic impact on a or arguments, as they may desire. points. substantial number of small entities Comments that provide the factual basis under the criteria of the Regulatory The Proposal supporting the views and suggestions Flexibility Act. presented are particularly helpful in The FAA is proposing an amendment developing reasoned regulatory to Title 14 Code of Federal Regulations Environmental Review decisions on the proposal. Comments (14 CFR) Part 71 by modifying Class E This proposal will be subject to an are specifically invited on the overall airspace extending upward from 700 environmental analysis in accordance regulatory, aeronautical, economic, feet above the surface within a 6.6-mile with FAA Order 1050.1F, environmental, and energy-related radius of Hutchinson Municipal ‘‘Environmental Impacts: Policies and aspects of the proposal. Airport-Butler Field, Hutchinson, MN; Procedures’’ prior to any FAA final Communications should identify both within a 6.3-mile radius of Jackson docket numbers and be submitted in Municipal Airport, Jackson, MN; within regulatory action. triplicate to the address listed above. a 6.5-mile radius of Pipestone List of Subjects in 14 CFR Part 71 Commenters wishing the FAA to Municipal Airport, Pipestone, MN; acknowledge receipt of their comments within a 7-mile radius of Richard B. Airspace, Incorporation by reference, on this notice must submit with those Helgeson Airport, Two Harbors, MN; Navigation (air). comments a self-addressed, stamped and within a 6.3-mile radius of Waseca The Proposed Amendment postcard on which the following Municipal Airport, Waseca, MN. statement is made: ‘‘Comments to Airspace reconfiguration is necessary Accordingly, pursuant to the Docket No. FAA–2016–4271/Airspace due to the decommissioning of non- authority delegated to me, the Federal Docket No. 16–AGL–6.’’ The postcard directional radio beacons (NDB), Aviation Administration proposes to will be date/time stamped and returned cancellation of NDB approaches, and amend 14 CFR part 71 as follows: to the commenter. implementation of area navigation
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PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF TRANSPORTATION Dockets Office between 9:00 a.m. and B, C, D, AND E AIRSPACE AREAS; AIR 5:00 p.m., Monday through Friday, TRAFFIC SERVICE ROUTES; AND Federal Aviation Administration except Federal holidays. The Docket REPORTING POINTS Office (telephone 1–800–647–5527) is 14 CFR Part 71 on the ground floor of the building at ■ 1. The authority citation for 14 CFR Docket No. FAA–2016–4291; Airspace the above address. part 71 continues to read as follows: Docket No. 16–AGL–7 FAA Order 7400.9Z, Airspace Authority: 49 U.S.C. 106(f), 106(g); 40103, Designations and Reporting Points, and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Proposed Amendment of Class E subsequent amendments can be viewed 1959–1963 Comp., p. 389. Airspace for the Following Indiana online at http://www.faa.gov/air_traffic/ Towns; Goshen, IN; Greencastle, IN; publications/. For further information, § 71.1 [Amended] Huntingburg, IN; North Vernon, IN; you can contact the Airspace Policy ■ 2. The incorporation by reference in Rensselaer, IN; Tell City, IN; and Group, Federal Aviation 14 CFR 71.1 of FAA Order 7400.9Z, Washington, IN; and Revocation of Administration, 800 Independence Airspace Designations and Reporting Class E Airspace; Vincennes, IN Avenue SW., Washington, DC 20591; Points, dated August 6, 2015, and telephone: 202–267–8783. The Order is effective September 15, 2015, is AGENCY: Federal Aviation also available for inspection at the amended as follows: Administration (FAA), DOT. National Archives and Records ACTION: Notice of proposed rulemaking Administration (NARA). For Paragraph 6005 Class E Airspace Areas (NPRM). Extending Upward From 700 Feet or More information on the availability of FAA Order 7400.9Z at NARA, call 202–741– Above the Surface of the Earth SUMMARY: This action proposes to * * * * * modify Class E airspace extending 6030, or go to http://www.archives.gov/ federal_register/code_of_federal- AGL MN E5 Hutchinson, MN [Amended] upward from 700 feet above the surface _ at Vigil I. Grissom Municipal Airport, regulations/ibr locations.html. FAA Order 7400.9, Airspace Hutchinson Municipal Airport-Butler Field, Bedford, IN; Goshen Municipal Airport, MN Designations and Reporting Points, is Goshen, IN; Putnam County Airport, (Lat. 44°51′36″ N., long. 94°22′57″ W.) published yearly and effective on Greencastle, IN; Huntingburg Airport, That airspace extending upward from 700 September 15. Huntingburg, IN; North Vernon Airport, feet above the surface within a 6.6-mile FOR FURTHER INFORMATION CONTACT: radius of the Hutchinson Municipal Airport- North Vernon, IN; Jasper County Airport, Rensselaer, IN; Perry County Jeffrey Claypool, Federal Aviation Butler Field. Administration, Operations Support * * * * * Municipal Airport, Tell City, IN; and Daviess County Airport, Washington, Group, Central Service Center, 10101 AGL MN E5 Jackson, MN [Amended] IN. This action also proposes to remove Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. Jackson Municipal Airport, MN Class E airspace extending upward from (Lat. 43°39′01″ N., long. 94°59′12″ W.) 700 feet above the surface at O’Neal SUPPLEMENTARY INFORMATION: That airspace extending upward from 700 Airport, Vincennes, IN. Authority for This Rulemaking feet above the surface within a 6.3-mile Decommissioning of non-directional radius of Jackson Municipal Airport. radio beacons (NDB), cancellation of The FAA’s authority to issue rules regarding aviation safety is found in * * * * * NDB approaches, implementation of area navigation (RNAV) procedures, and Title 49 of the United States Code. AGL MN E5 Pipestone, MN [Amended] closure of O’Neal Airport, have made Subtitle I, Section 106 describes the Pipestone Municipal Airport, MN this action necessary for the safety and authority of the FAA Administrator. ° ′ ″ ° ′ ″ (Lat. 43 58 56 N., long. 96 18 02 W.) management of Instrument Flight Rules Subtitle VII, Aviation Programs, That airspace extending upward from 700 (IFR) operations at the above airports. describes in more detail the scope of the feet above the surface within a 6.5-mile This action also would update the agency’s authority. This rulemaking is radius of Pipestone Municipal Airport. promulgated under the authority geographic coordinates of Goshen described in Subtitle VII, Part, A, * * * * * Municipal Airport, Putnam County Subpart I, Section 40103. Under that Airport, North Vernon Airport, Jasper AGL MN E5 Two Harbors, MN [Amended] section, the FAA is charged with County Airport, and Perry County Richard B. Helgeson Airport, MN prescribing regulations to assign the use Municipal Airport to coincide with the (Lat. 47°02′57″ N., long. 91°44′43″ W.) of airspace necessary to ensure the FAAs aeronautical database. That airspace extending upward from 700 safety of aircraft and the efficient use of feet above the surface within a 7-mile radius DATES: Comments must be received on airspace. This regulation is within the of Richard B. Helgeson Airport. or before June 17, 2016. scope of that authority as it would * * * * * ADDRESSES: Send comments on this amend Class E airspace at Vigil I. proposal to the U.S. Department of AGL MN E5 Waseca, MN [Amended] Grissom Municipal Airport, Bedford, IN; Transportation, Docket Operations, M– Goshen Municipal Airport, Goshen, IN; Waseca Municipal Airport, MN 30, West Building Ground Floor, Room (Lat. 44°04′24″ N., long. 93°33′11″ W.) Putnam County Airport, Greencastle, IN; W12–140, 1200 New Jersey Avenue SE., Huntingburg Airport, Huntingburg, IN; That airspace extending upward from 700 Washington, DC 20590; telephone (202) North Vernon Airport, North Vernon, feet above the surface within a 6.3-mile 366–9826. You must identify FAA radius of the Waseca Municipal Airport. IN; Jasper County Airport, Rensselaer, Docket No. FAA–2016–4291; Airspace IN; Perry County Municipal Airport, Issued in Fort Worth, Texas, on April 19, Docket No. 16–AGL–7, at the beginning Tell City, IN; O’Neal Airport, 2016. of your comments. You may also submit Vincennes, IN; and Daviess County Walter Tweedy, comments through the Internet at Airport, Washington, IN. Acting Manager, Operations Support Group, http://www.regulations.gov. You may ATO Central Service Center. review the public docket containing the Comments Invited [FR Doc. 2016–10175 Filed 5–2–16; 8:45 am] proposal, any comments received, and Interested parties are invited to BILLING CODE 4910–13–P any final disposition in person in the participate in this proposed rulemaking
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by submitting such written data, views, air traffic service routes, and reporting does not warrant preparation of a or arguments, as they may desire. points. regulatory evaluation as the anticipated Comments that provide the factual basis impact is so minimal. Since this is a The Proposal supporting the views and suggestions routine matter that will only affect air presented are particularly helpful in The FAA is proposing an amendment traffic procedures and air navigation, it developing reasoned regulatory to Title 14 Code of Federal Regulations is certified that this rule, when decisions on the proposal. Comments (14 CFR) Part 71 by modifying Class E promulgated, would not have a are specifically invited on the overall airspace extending upward from 700 significant economic impact on a regulatory, aeronautical, economic, feet above the surface at the following substantial number of small entities environmental, and energy-related airports: under the criteria of the Regulatory aspects of the proposal. Within a 6.5-mile radius of Vigil I. Grissom Flexibility Act. Communications should identify both Municipal Airport, Bedford, IN; Environmental Review docket numbers and be submitted in Within a 6.8-mile radius of Goshen triplicate to the address listed above. Municipal Airport, Goshen, IN, and updating This proposal will be subject to an Commenters wishing the FAA to the geographic coordinates of this airport; environmental analysis in accordance acknowledge receipt of their comments Within a 6.5-mile radius of Putnam County with FAA Order 1050.1F, on this notice must submit with those Airport, Greencastle, IN, and updating the ‘‘Environmental Impacts: Policies and comments a self-addressed, stamped geographic coordinates of this airport; Procedures’’ prior to any FAA final postcard on which the following Within a 6.5-mile radius of Huntingburg regulatory action. Airport, Huntingburg, IN, with a segment statement is made: ‘‘Comments to extending from the 6.5 mile radius to 11.2 List of Subjects in 14 CFR Part 71 Docket No. FAA–2016–4291/Airspace miles east of the airport; Docket No. 16–AGL–7.’’ The postcard Within a 6.5-mile radius of North Vernon Airspace, Incorporation by reference, will be date/time stamped and returned Airport, North Vernon, IN, and updating the Navigation (air). to the commenter. geographic coordinates of this airport; The Proposed Amendment Within a 6.4-mile radius of Jasper County Availability of NPRMs Airport, Rensselaer, IN, and updating the Accordingly, pursuant to the An electronic copy of this document geographic coordinates of this airport; authority delegated to me, the Federal may be downloaded through the Within a 6.4-mile radius of Perry County Aviation Administration proposes to Internet at http://www.regulations.gov. Municipal Airport, Tell City, IN, and amend 14 CFR part 71 as follows: Recently published rulemaking updating the geographic coordinates of this documents can also be accessed through airport; and PART 71—DESIGNATION OF CLASS A, Within a 6.4-mile radius of Daviess County B, C, D, AND E AIRSPACE AREAS; AIR the FAA’s Web page at http:// Airport, Washington, IN. www.faa.gov/airports_airtraffic/air_ TRAFFIC SERVICE ROUTES; AND traffic/publications/airspace_ Airspace reconfiguration is necessary REPORTING POINTS due to the decommissioning of NDBs, amendments/. ■ cancellation of NDB approaches, or 1. The authority citation for 14 CFR You may review the public docket part 71 continues to read as follows: containing the proposal, any comments implementation of RNAV procedures at received, and any final disposition in the above airports. Controlled airspace Authority: 49 U.S.C. 106(f), 106(g); 40103, person in the Dockets Office (see the is necessary for the safety and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. ADDRESSES section for the address and management of the standard instrument phone number) between 9:00 a.m. and approach procedures for IFR operations § 71.1 [Amended] 5:00 p.m., Monday through Friday, at the airports. Additionally, Class E ■ 2. The incorporation by reference in except federal holidays. An informal airspace extending upward from 700 14 CFR 71.1 of FAA Order 7400.9Z, docket may also be examined during feet above the surface would be Airspace Designations and Reporting normal business hours at the Federal removed at O’Neal Airport, Vincennes, Points, dated August 6, 2015, and Aviation Administration, Air Traffic IN, due to closure of the airport. effective September 15, 2015, is Organization, Central Service Center, Class E airspace designations are amended as follows: Operations Support Group, 10101 published in paragraph 6005 of FAA Hillwood Parkway, Fort Worth, TX Order 7400.9Z, dated August 6, 2015, Paragraph 6005—Class E Airspace Areas and effective September 15, 2015, which Extending Upward From 700 Feet or More 76177. Above the Surface of the Earth. Persons interested in being placed on is incorporated by reference in 14 CFR a mailing list for future NPRMs should 71.1. The Class E airspace designations * * * * * contact the FAA’s Office of Rulemaking, listed in this document will be AGL IN E5 Bedford, IN [Amended] (202) 267–9677, for a copy of Advisory published subsequently in the Order. Bedford, Virgil I. Grissom Municipal Airport, Circular No. 11–2A, Notice of Proposed Regulatory Notices and Analyses IN Rulemaking Distribution System, which (Lat. 38°50′24″ N., long. 86°26′43″ W.) describes the application procedure. The FAA has determined that this Bedford, Bedford Medical Center Heliport, IN regulation only involves an established Point In Space Availability and Summary of body of technical regulations for which (Lat. 38°51′51″ N., long. 86°31′27″ W.) Documents Proposed for Incorporation frequent and routine amendments are That airspace extending upward from 700 by Reference necessary to keep them operationally feet above the surface within a 6.5-mile This document would amend FAA current, is non-controversial and radius of Virgil I. Grissom Municipal Airport, Order 7400.9Z, Airspace Designations unlikely to result in adverse or negative and within a 6-mile radius of the Bedford Medical Center Heliport point in space and Reporting Points, dated August 6, comments. It, therefore: (1) Is not a coordinates at lat. 38°51′51″ N., long. 2015, and effective September 15, 2015. ‘‘significant regulatory action’’ under 86°31′27″ W. FAA Order 7400.9Z is publicly available Executive Order 12866; (2) is not a * * * * * as listed in the ADDRESSES section of this ‘‘significant rule’’ under DOT document. FAA Order 7400.9Z lists Regulatory Policies and Procedures (44 AGL IN E5 Goshen, IN [Amended] Class A, B, C, D, and E airspace areas, FR 11034; February 26, 1979); and (3) Goshen Municipal Airport, IN
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(Lat. 41°31′35″ N., long. 85°47′39″ W.) DEPARTMENT OF TRANSPORTATION FAA Order 7400.9Z, Airspace That airspace extending upward from 700 Designations and Reporting Points, and feet above the surface within a 6.8-mile Federal Aviation Administration subsequent amendments can be viewed radius of Goshen Municipal Airport. online at http://www.faa.gov/air_traffic/ 14 CFR Part 71 * * * * * publications/. For further information, [Docket No. FAA–2016–4629; Airspace you can contact the Airspace Policy AGL IN E5 Greencastle, IN [Amended] Docket No. 16–AGL–8] Group, Federal Aviation Greencastle, Putnam County Airport, IN. Administration, 800 Independence (Lat. 39°38′01″ N., long. 86°48′50″ W.) Proposed Amendment of Class E Avenue SW., Washington, DC 20591; That airspace extending upward from 700 Airspace for the following Michigan telephone: 202–267–8783. The Order is feet above the surface within a 6.5-mile Towns; Alma, MI; Bellaire, MI; Cadillac, also available for inspection at the radius of Putnam County Airport. MI; Drummond Island, MI; Gladwin, MI; National Archives and Records Holland, MI; and Three Rivers, MI Administration (NARA). For * * * * * information on the availability of FAA AGENCY: Federal Aviation AGL IN E5 Huntingburg, IN [Amended] Administration (FAA), DOT. Order 7400.9Z at NARA, call 202–741– Huntingburg Airport, IN 6030, or go to http://www.archives.gov/ ACTION: Notice of proposed rulemaking _ _ _ (Lat. 38°14′57″ N., long. 86°57′13″ W.) federal register/code of federal- (NPRM). _ That airspace extending upward from 700 regulations/ibr locations.html. feet above the surface within a 6.5-mile SUMMARY: This action proposes to FAA Order 7400.9, Airspace radius of Huntingburg Airport and within 2 modify Class E airspace extending Designations and Reporting Points, is miles either side of the 091° bearing from the upward from 700 feet above the surface published yearly and effective on airport extending from the 6.5-mile radius to at Gratiot Community Airport, Alma, September 15. 11.2 miles east of the airport. MI; Antrim County Airport, Bellaire, MI; FOR FURTHER INFORMATION CONTACT: Wexford County Airport, Cadillac, MI; * * * * * Jeffrey Claypool, Federal Aviation Drummond Island Airport, Drummond Administration, Operations Support AGL IN E5 North Vernon, IN [Amended] Island, MI; Charles C. Zettel Memorial Group, Central Service Center, 10101 North Vernon Airport, IN Airport, Gladwin, MI; Park Township Hillwood Parkway, Fort Worth, TX (Lat. 39°02′43″ N., long. 85°36′20″ W.) Airport and West Michigan Regional 76177; telephone (817) 222–5711. Airport, Holland, MI; and Three Rivers That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: Municipal Dr. Haines Airport, Three feet above the surface within a 6.5-mile Authority for This Rulemaking radius of North Vernon Airport. Rivers, MI. Decommissioning of non- directional radio beacons (NDB), * * * * * The FAA’s authority to issue rules cancellation of NDB approaches, or regarding aviation safety is found in AGL IN E5 Rensselaer, IN [Amended] implementation of area navigation Title 49 of the United States Code. (RNAV) procedures have made this Rensselaer, Jasper County Airport, IN Subtitle I, Section 106 describes the action necessary for the safety and (Lat. 40°56′52″ N., long. 87°10′58″ W.) authority of the FAA Administrator. management of Instrument Flight Rules That airspace extending upward from 700 Subtitle VII, Aviation Programs, (IFR) operations at the above airports. describes in more detail the scope of the feet above the surface within a 6.4-mile This action would also update the radius of Jasper County Airport. agency’s authority. This rulemaking is geographic coordinates of Three Rivers promulgated under the authority * * * * * Municipal Dr. Haines Airport, and the described in Subtitle VII, Part, A, name change of West Michigan Regional AGL IN E5 Tell City, IN [Amended] Subpart I, Section 40103. Under that Airport (formerly Tulip City Airport) to section, the FAA is charged with Tell City, Perry County Municipal Airport, IN coincide with the FAAs aeronautical (Lat. 38°01′08″ N., long. 86°41′33″ W.) prescribing regulations to assign the use database. of airspace necessary to ensure the That airspace extending upward from 700 DATES: Comments must be received on safety of aircraft and the efficient use of feet above the surface within a 6.4-mile or before June 17, 2016. airspace. This regulation is within the radius of Perry County Municipal Airport. ADDRESSES: Send comments on this scope of that authority as it would * * * * * proposal to the U.S. Department of amend Class E airspace at Gratiot AGL IN E5 Vincennes, IN [Removed] Transportation, Docket Operations, Community Airport, Alma, MI; Antrim M–30, West Building Ground Floor, County Airport, Bellaire, MI; Wexford * * * * * Room W12–140, 1200 New Jersey County Airport, Cadillac, MI; AGL IN E5 Washington, IN [Amended] Avenue SE., Washington, DC 20590; Drummond Island Airport, Drummond Washington, Daviess County Airport, IN telephone (202) 366–9826. You must Island, MI; Charles C. Zettel Memorial (Lat. 38°42′02″ N., long. 87°07′47″ W.) identify FAA Docket No. FAA–2016– Airport, Gladwin, MI; Park Township 4629; Airspace Docket No. 16–AGL–8, Airport and West Michigan Regional That airspace extending upward from 700 at the beginning of your comments. You feet above the surface within a 6.4-mile Airport, Holland, MI; and Three Rivers may also submit comments through the radius of Daviess County Airport. Municipal Dr. Haines Airport, Three Internet at http://www.regulations.gov. Rivers, MI. Issued in Fort Worth, Texas, on April 19, You may review the public docket 2016. containing the proposal, any comments Comments Invited Walter Tweedy, received, and any final disposition in Interested parties are invited to Acting Manager, Operations Support Group, person in the Dockets Office between participate in this proposed rulemaking ATO Central Service Center. 9:00 a.m. and 5:00 p.m., Monday by submitting such written data, views, [FR Doc. 2016–10177 Filed 5–2–16; 8:45 am] through Friday, except Federal holidays. or arguments, as they may desire. The Docket Office (telephone 1–800– Comments that provide the factual basis BILLING CODE 4910–13–P 647–5527) is on the ground floor of the supporting the views and suggestions building at the above address. presented are particularly helpful in
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developing reasoned regulatory The Proposal regulatory evaluation as the anticipated decisions on the proposal. Comments The FAA is proposing an amendment impact is so minimal. Since this is a are specifically invited on the overall to Title 14 Code of Federal Regulations routine matter that will only affect air regulatory, aeronautical, economic, (14 CFR) Part 71 by modifying Class E traffic procedures and air navigation, it environmental, and energy-related airspace extending upward from 700 is certified that this rule, when aspects of the proposal. feet above the surface at the following promulgated, would not have a Communications should identify both airports: significant economic impact on a docket numbers and be submitted in Within a 6.5-mile radius of Gratiot substantial number of small entities triplicate to the address listed above. Community Airport, Alma, MI; under the criteria of the Regulatory Commenters wishing the FAA to Within a 6.5-mile radius of Antrim Flexibility Act. acknowledge receipt of their comments County Airport, Bellaire, MI, with a Environmental Review on this notice must submit with those segment extending from the 6.5-mile comments a self-addressed, stamped This proposal will be subject to an radius to 6.9 miles south of the airport; environmental analysis in accordance postcard on which the following Within a 6.7-mile radius of Wexford with FAA Order 1050.1F, statement is made: ‘‘Comments to County Airport, Cadillac, MI; ‘‘Environmental Impacts: Policies and Docket No. FAA–2016–4629/Airspace Within a 6.5-mile radius of Procedures’’ prior to any FAA final Docket No. 16–AGL–8.’’ The postcard Drummond Island Airport, Drummond regulatory action. will be date/time stamped and returned Island, MI, with a segment extending to the commenter. from the 6.5-mile radius to 8.5 miles List of Subjects in 14 CFR Part 71 east of the airport; Availability of NPRMs Airspace, Incorporation by reference, Within a 6.5-mile radius of Charles C. Navigation (air). Zettel Memorial Airport, Gladwin, MI; An electronic copy of this document The Proposed Amendment may be downloaded through the Within a 6.5-mile radius of West Internet at http://www.regulations.gov. Michigan Regional Airport (formerly Accordingly, pursuant to the Recently published rulemaking Tulip City Airport), Holland, MI; Park authority delegated to me, the Federal documents can also be accessed through Township Airport would be removed as Aviation Administration proposes to the FAA’s Web page at http:// it no longer has instrument procedures amend 14 CFR part 71 as follows: www.faa.gov/airports_airtraffic/air_ and no longer requires Class E airspace; and PART 71—DESIGNATION OF CLASS A, traffic/publications/airspace_ Within a 6.4 mile radius of Three B, C, D, AND E AIRSPACE AREAS; AIR amendments/. Rivers Municipal Dr. Haines Airport, TRAFFIC SERVICE ROUTES; AND You may review the public docket Three Rivers, MI, and updating the REPORTING POINTS containing the proposal, any comments geographic coordinates of this airport to ■ received, and any final disposition in coincide with the FAAs aeronautical 1. The authority citation for 14 CFR person in the Dockets Office (see the database. These airspace part 71 continues to read as follows: ADDRESSES section for the address and reconfigurations are necessary due to Authority: 49 U.S.C. 106(f), 106(g); 40103, phone number) between 9:00 a.m. and the decommissioning of NDBs, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 5:00 p.m., Monday through Friday, cancellation of NDB approaches, or 1959–1963 Comp., p. 389. except federal holidays. An informal implementation of RNAV procedures at § 71.1 [Amended] docket may also be examined during the above airports. Controlled airspace ■ 2. The incorporation by reference in normal business hours at the Federal is necessary for the safety and 14 CFR 71.1 of FAA Order 7400.9Z, Aviation Administration, Air Traffic management of the standard instrument Airspace Designations and Reporting Organization, Central Service Center, approach procedures for IFR operations Points, dated August 6, 2015, and Operations Support Group, 10101 at the airports. effective September 15, 2015, is Hillwood Parkway, Fort Worth, TX, Class E airspace designations are amended as follows: 76177. published in paragraph 6005 of FAA Paragraph 6005 Class E Airspace Areas Persons interested in being placed on Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which Extending Upward From 700 Feet or More a mailing list for future NPRMs should Above the Surface of the Earth. contact the FAA’s Office of Rulemaking, is incorporated by reference in 14 CFR 71.1. The Class E airspace designations * * * * * (202) 267–9677, for a copy of Advisory listed in this document will be Circular No. 11–2A, Notice of Proposed AGL MI E5 Alma, MI [Amended] published subsequently in the Order. Rulemaking Distribution System, which Alma, Gratiot Community Airport, MI describes the application procedure. Regulatory Notices and Analyses (Lat. 43°19′20″ N., long. 84°41′17″ W.) Mount Pleasant VOR/DME Availability and Summary of The FAA has determined that this (Lat. 43°37′22″ N., long. 84°44′14″ W.) Documents Proposed for Incorporation regulation only involves an established That airspace extending upward from 700 by Reference body of technical regulations for which feet above the surface within a 6.5-mile frequent and routine amendments are radius of Gratiot Community Airport, and This document would amend FAA necessary to keep them operationally within 2.0 miles either side of a 270° bearing Order 7400.9Z, Airspace Designations current, is non-controversial and from the airport extending from the 6.5-mile and Reporting Points, dated August 6, unlikely to result in adverse or negative radius to 10.1 miles west of the airport, and 2015, and effective September 15, 2015. comments. It, therefore: (1) Is not a within 1.5 miles either side of the Mount Pleasant VOR/DME 178° radial extending FAA Order 7400.9Z is publicly available ‘‘significant regulatory action’’ under from the 6.5-mile radius to 10.3 miles north as listed in the ADDRESSES section of this Executive Order 12866; (2) is not a of the airport. document. FAA Order 7400.9Z lists ‘‘significant rule’’ under DOT * * * * * Class A, B, C, D, and E airspace areas, Regulatory Policies and Procedures (44 air traffic service routes, and reporting FR 11034; February 26, 1979); and (3) AGL MI E5 Bellaire, MI [Amended] points. does not warrant preparation of a Bellaire, Antrim County Airport, MI
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(Lat. 44°59′19″ N., long. 85°11′54″ W.) DEPARTMENT OF TRANSPORTATION FAA Order 7400.9Z, Airspace That airspace extending upward from 700 Designations and Reporting Points, and feet above the surface within a 6.5-mile Federal Aviation Administration subsequent amendments can be viewed radius of Antrim County Airport, and within online at http://www.faa.gov/air_traffic/ 1.9 miles each side of the 197° bearing from 14 CFR Part 71 publications/. For further information, the airport extending from the 6.5-mile [Docket No. FAA–2016–5388; Airspace you can contact the Airspace Policy radius to 6.9 miles south of the airport. Docket No. 16–ACE–4] Group, Federal Aviation * * * * * Administration, 800 Independence Proposed Revocation of Class E AGL MI E5 Cadillac, MI [Amended] Avenue SW., Washington, DC 20591; Airspace; Alliance, NE; and telephone: 202–267–8783. The Order is Cadillac, Wexford County Airport, MI Amendment of Class E Airspace for ° ′ ″ ° ′ ″ also available for inspection at the (Lat. 44 16 31 N., long. 85 25 08 W.) the Following Nebraska Towns; Albion, National Archives and Records That airspace extending upward from 700 NE; Alliance, NE; Gothenburg, NE; Administration (NARA). For feet above the surface within a 6.7-mile Holdrege, NE; Imperial, NE; Lexington, radius of the Wexford County Airport. information on the availability of FAA NE; and Millard Airport, Omaha, NE Order 7400.9Z at NARA, call 202–741– * * * * * 6030, or go to http://www.archives.gov/ AGENCY: Federal Aviation _ _ _ AGL MI E5 Drummond Island, MI Administration (FAA), DOT. federal register/code of federal- [Amended] regulations/ibr_locations.html. ACTION: Notice of proposed rulemaking FAA Order 7400.9, Airspace Drummond Island Airport, MI (NPRM). (Lat. 46° 00′34″ N., long. 83° 44′38″ W.) Designations and Reporting Points, is That airspace extending upward from 700 SUMMARY: This action proposes to published yearly and effective on feet above the surface within a 6.5-mile remove Class E surface area airspace at September 15. radius of Drummond Island Airport, and Alliance Municipal Airport, Alliance, FOR FURTHER INFORMATION CONTACT: within 4 miles each side of the 072° bearing NE; and modify Class E airspace Jeffrey Claypool, Federal Aviation from the airport extending from the 6.5-mile extending upward from 700 feet above Administration, Operations Support radius to 8.5 miles east of the airport; that the surface at Albion Municipal Airport, Group, Central Service Center, 10101 airspace extending upward from 1,200 feet Albion, NE; Alliance Municipal Airport, Hillwood Parkway, Fort Worth, TX above the surface bounded by long. 83°57′00″ Alliance, NE; Quinn Field, Gothenburg, ° ′ ″ 76177; telephone (817) 222–5711. W., on the west; long. 83 26 00 W., on the NE; Brewster Field Airport, Holdrege, east; Lat. 46°05′00″ N., on the north; and Lat. SUPPLEMENTARY INFORMATION: ° ′ ″ NE; Imperial Municipal Airport, 45 45 00 N., on the south, excluding that Imperial, NE; Jim Kelly Field, Authority for This Rulemaking airspace within Canada. Lexington, NE; and Millard Airport, The FAA’s authority to issue rules * * * * * Omaha, NE. Decommissioning of non- regarding aviation safety is found in AGL MI E5 Gladwin, MI [Amended] directional radio beacons (NDB), Title 49 of the United States Code. Charles C. Zettel Memorial Airport, MI cancellation of NDB approaches, and Subtitle I, Section 106 describes the (Lat. 43°58′14″ N., long. 84°28′30″ W.) implementation of area navigation authority of the FAA Administrator. (RNAV) procedures have made this That airspace extending upward from 700 Subtitle VII, Aviation Programs, action necessary for the safety and feet above the surface within a 6.5-mile describes in more detail the scope of the radius of the Charles C. Zettel Memorial management of Instrument Flight Rules agency’s authority. This rulemaking is Airport. (IFR) operations at the above airports. promulgated under the authority This action would also update the * * * * * described in Subtitle VII, Part A, geographic coordinates for Quinn Field, Subpart I, Section 40103. Under that AGL MI E5 Holland, MI [Amended] Imperial Municipal Airport, and Jim section, the FAA is charged with West Michigan Regional Airport, MI Kelly Field to coincide with the FAA’s prescribing regulations to assign the use (Lat. 42°44′34″ N., long. 86°06′28″ W.) aeronautical database. of airspace necessary to ensure the That airspace extending upward from 700 DATES: Comments must be received on safety of aircraft and the efficient use of feet above the surface within a 6.5-mile or before June 17, 2016. airspace. This regulation is within the radius of the West Michigan Regional ADDRESSES: Send comments on this scope of that authority as it would Airport. proposal to the U.S. Department of remove Class E surface area airspace at * * * * * Transportation, Docket Operations, M– Alliance Municipal Airport, Alliance, 30, West Building Ground Floor, Room AGL MI E5 Three Rivers, MI [Amended] NE; and modify Class E airspace W12–140, 1200 New Jersey Avenue SE., extending upward from 700 feet above Three Rivers Municipal Dr Haines Airport, Washington, DC 20590; telephone (202) the surface at Albion Municipal Airport, MI 366–9826. You must identify FAA Albion, NE; Alliance Municipal Airport; (Lat. 41°57′35″ N., long. 85°35′35″ W.) Docket No. FAA–2016–5388; Airspace Quinn Field, Gothenburg, NE; Brewster That airspace extending upward from 700 Docket No. 16–ACE–4, at the beginning Field Airport, Holdrege, NE; Imperial feet above the surface within a 6.4-mile of your comments. You may also submit Municipal Airport, Imperial, NE; Jim radius of Three Rivers Municipal Dr Haines comments through the Internet at Airport, excluding that airspace within the Kelly Field, Lexington, NE; and Millard Sturgis, Kirsch Municipal Airport, MI, Class http://www.regulations.gov. You may Airport, Omaha, NE. E airspace area. review the public docket containing the proposal, any comments received, and Comments Invited Issued in Fort Worth, Texas, on April 19, any final disposition in person in the Interested parties are invited to 2016. Dockets Office between 9:00 a.m. and participate in this proposed rulemaking Walter Tweedy, 5:00 p.m., Monday through Friday, by submitting such written data, views, Acting Manager, Operations Support Group, except Federal holidays. The Docket or arguments, as they may desire. Central Service Center. Office (telephone 1–800–647–5527), is Comments that provide the factual basis [FR Doc. 2016–10174 Filed 5–2–16; 8:45 am] on the ground floor of the building at supporting the views and suggestions BILLING CODE 4910–13–P the above address. presented are particularly helpful in
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developing reasoned regulatory The Proposal Environmental Review decisions on the proposal. Comments The FAA is proposing an amendment This proposal will be subject to an are specifically invited on the overall environmental analysis in accordance to Title 14 Code of Federal Regulations regulatory, aeronautical, economic, with FAA Order 1050.1F, (14 CFR) Part 71 by removing Class E environmental, and energy-related ‘‘Environmental Impacts: Policies and surface area airspace at Alliance aspects of the proposal. Procedures’’ prior to any FAA final Communications should identify both Airport, Alliance, NE., as the airspace is regulatory action. docket numbers and be submitted in no longer needed. This proposal also triplicate to the address listed above. would modify Class E airspace List of Subjects in 14 CFR Part 71 Commenters wishing the FAA to extending upward from 700 feet above Airspace, Incorporation by reference, acknowledge receipt of their comments the surface at Albion Municipal Airport, Navigation (air). Albion, NE; Alliance Municipal Airport, on this notice must submit with those The Proposed Amendment comments a self-addressed, stamped Alliance, NE; Quinn Field, Gothenburg, postcard on which the following NE; Brewster Field Airport, Holdrege, Accordingly, pursuant to the statement is made: ‘‘Comments to NE; Imperial Municipal Airport, authority delegated to me, the Federal Docket No. FAA–2016–5388/Airspace Imperial, NE; Jim Kelly Field, Aviation Administration proposes to Docket No. 16–ACE–4.’’ The postcard Lexington, NE; and Millard Airport, amend 14 CFR part 71 as follows: will be date/time stamped and returned Omaha, NE. Airspace reconfiguration is PART 71—DESIGNATION OF CLASS A, to the commenter. necessary due to the decommissioning B, C, D, AND E AIRSPACE AREAS; AIR of NDBs, cancellation of NDB Availability of NPRMs TRAFFIC SERVICE ROUTES; AND approaches, and implementation of REPORTING POINTS An electronic copy of this document RNAV procedures at the above airports. may be downloaded through the Controlled airspace is necessary for the ■ 1. The authority citation for 14 CFR Internet at http://www.regulations.gov. safety and management of the standard part 71 continues to read as follows: Recently published rulemaking instrument approach procedures for IFR Authority: 49 U.S.C. 106(f), 106(g); 40103, documents can also be accessed through operations at the airports. The 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, the FAA’s Web page at http:// geographic coordinates for Quinn Field, 1959–1963 Comp., p. 389. _ _ Imperial Municipal Airport, and Jim www.faa.gov/airports airtraffic/air § 71.1 [Amended] _ Kelly Field would also be updated to be traffic/publications/airspace ■ 2. The incorporation by reference in in concert with the FAA’s aeronautical amendments/. 14 CFR 71.1 of FAA Order 7400.9Z, database. You may review the public docket Airspace Designations and Reporting containing the proposal, any comments Class E airspace designations are Points, dated August 6, 2015, and received, and any final disposition in published in paragraph 6002 and 6005 effective September 15, 2015, is person in the Dockets Office (see the of FAA Order 7400.9Z, dated August 6, amended as follows: 2015, and effective September 15, 2015, ADDRESSES section for the address and Paragraph 6002 Class E Airspace phone number) between 9:00 a.m. and which is incorporated by reference in 14 Designated as Surface Areas CFR 71.1. The Class E airspace 5:00 p.m., Monday through Friday, * * * * * except federal holidays. An informal designations listed in this document docket may also be examined during will be published subsequently in the ACE NE E2 Alliance, NE [Removed] normal business hours at the Federal Order. Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Aviation Administration, Air Traffic Regulatory Notices and Analyses Organization, Central Service Center, Above the Surface of the Earth Operations Support Group, 10101 The FAA has determined that this * * * * * Hillwood Parkway, Fort Worth, TX regulation only involves an established ACE NE E5 Albion, NE [Amended] 76177. body of technical regulations for which Albion Municipal Airport, NE Persons interested in being placed on frequent and routine amendments are (Lat. 41°43′43″ N., long. 98°03′21″ W.) a mailing list for future NPRMs should necessary to keep them operationally That airspace extending upward from 700 contact the FAA’s Office of Rulemaking, current, is non-controversial and feet above the surface within a 6.7-mile (202) 267–9677, for a copy of Advisory unlikely to result in adverse or negative radius of Albion Municipal Airport, and Circular No. 11–2A, Notice of Proposed comments. It, therefore: (1) Is not a within 2.6 miles each side of the 154° bearing Rulemaking Distribution System, which ‘‘significant regulatory action’’ under from the airport extending from the 6.7-mile describes the application procedure. Executive Order 12866; (2) is not a radius to 9.7 miles southeast of the airport, and within 3.7 miles each side of the 334° ‘‘significant rule’’ under DOT Availability and Summary of bearing from the airport extending from the Regulatory Policies and Procedures (44 Documents Proposed for Incorporation 6.7-mile radius to 10.1 miles northwest for FR 11034; February 26, 1979); and (3) the airport. by Reference does not warrant preparation of a * * * * * regulatory evaluation as the anticipated This document would amend FAA ACE NE E5 Alliance, NE [Amended] Order 7400.9Z, Airspace Designations impact is so minimal. Since this is a and Reporting Points, dated August 6, routine matter that will only affect air Alliance Municipal Airport, NE (Lat. 42°03′12″ N., long. 102°48′14″ W.) 2015, and effective September 15, 2015. traffic procedures and air navigation, it is certified that this rule, when That airspace extending upward from 700 FAA Order 7400.9Z is publicly available feet above the surface within a 7.2-mile as listed in the ADDRESSES section of this promulgated, would not have a radius of Alliance Municipal Airport. document. FAA Order 7400.9Z lists significant economic impact on a * * * * * Class A, B, C, D, and E airspace areas, substantial number of small entities air traffic service routes, and reporting under the criteria of the Regulatory ACE NE E5 Gothenburg, NE [Amended] points. Flexibility Act. Gothenburg, Quinn Field, NE
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(Lat. 40°55′32″ N., long. 100°08′48″ W.) upward from 700 feet above the surface FOR FURTHER INFORMATION CONTACT: That airspace extending upward from 700 at Arkansas International Airport, Jeffrey Claypool, Federal Aviation feet above the surface within an 7.3-mile Blytheville, AR; Blytheville Municipal Administration, Operations Support radius of Quinn Field, and within 4 miles Group, Central Service Center, 10101 ° Airport, Blytheville, AR; Frank Federer each side of the 030 bearing from the airport Memorial Airport, Brinkley, AR; Hillwood Parkway, Fort Worth, TX extending from the 7.3-mile radius to 11.1 76177; telephone (817) 222–5711. miles northeast of the airport, and within 4 Clarksville Municipal Airport, miles each side of the 218° bearing from the Clarksville, AR; and J. Lynn Helms SUPPLEMENTARY INFORMATION: Sevier County Airport, De Queen, AR. airport extending from the 7.3-mile radius to Authority for This Rulemaking 10.5 miles southwest of the airport. Decommissioning of non-directional * * * * * radio beacons (NDBs), cancellation of The FAA’s authority to issue rules NDB approaches, and implementation regarding aviation safety is found in ACE NE E5 Holdrege, NE [Amended] of area navigation (RNAV) procedures Title 49 of the United States Code. Holdrege, Brewster Field Airport, NE have made this action necessary for the Subtitle I, Section 106 describes the ° ′ ″ ° ′ ″ (Lat. 40 27 08 N., long. 99 20 11 W.) safety and management of Instrument authority of the FAA Administrator. That airspace extending upward from 700 Flight Rules (IFR) operations at the Subtitle VII, Aviation Programs, feet above the surface within a 6.5-mile above airports. This action would also describes in more detail the scope of the radius of Brewster Field Airport. update the name of Arkansas agency’s authority. This rulemaking is * * * * * International Airport, and the promulgated under the authority ACE NE E5 Imperial, NE [Amended] geographic coordinates for Arkansas described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that Imperial Municipal Airport, NE International Airport, Blytheville (Lat. 40°30′37″ N., long. 101°37′13″ W.) Municipal Airport, and Clarksville section, the FAA is charged with prescribing regulations to assign the use That airspace extending upward from 700 Municipal Airport, to coincide with the feet above the surface within a 6.5-mile FAAs aeronautical database. of airspace necessary to ensure the safety of aircraft and the efficient use of radius of Imperial Municipal Airport. DATES: Comments must be received on * * * * * or before June 17, 2016. airspace. This regulation is within the scope of that authority as it would ACE NE E5 Lexington, NE [Amended] ADDRESSES: Send comments on this amend Class E airspace at Arkansas Lexington, Jim Kelly Field, NE proposal to the U.S. Department of International Airport, Blytheville, AR; (Lat. 40°47′26″ N., long. 99°46′33″ W.) Transportation, Docket Operations, M– Blytheville Municipal Airport, That airspace extending upward from 700 30, West Building Ground Floor, Room Blytheville, AR; Frank Federer feet above the surface within a 6.5-mile W12–140, 1200 New Jersey Avenue SE., Memorial Airport, Brinkley, AR; radius of Jim Kelly Field. Washington, DC 20590; telephone (202) Clarksville Municipal Airport, * * * * * 366–9826. You must identify FAA Clarksville, AR; and J. Lynn Helms Docket No. FAA–2016–4172; Airspace Sevier County Airport, De Queen, AR. ACE NE E5 Omaha, Millard Airport, NE Docket No. 16–ASW–7, at the beginning [Amended] of your comments. You may also submit Comments Invited Omaha, Millard Airport, NE comments through the Internet at Interested parties are invited to (Lat. 41°11′46″ N., long. 96°06′44″ W.) http://www.regulations.gov. You may participate in this proposed rulemaking That airspace extending upward from 700 review the public docket containing the by submitting such written data, views, feet above the surface within a 6.7-mile proposal, any comments received, and radius of Millard Airport. or arguments, as they may desire. any final disposition in person in the Comments that provide the factual basis Issued in Fort Worth, Texas, on April 19, Dockets Office between 9:00 a.m. and supporting the views and suggestions 2016. 5:00 p.m., Monday through Friday, presented are particularly helpful in Walter Tweedy, except Federal holidays. The Docket developing reasoned regulatory Acting Manager, Operations Support Group, Office (telephone 1–800–647–5527), is decisions on the proposal. Comments ATO Central Service Center. on the ground floor of the building at are specifically invited on the overall [FR Doc. 2016–10176 Filed 5–2–16; 8:45 am] the above address. regulatory, aeronautical, economic, BILLING CODE 4910–13–P FAA Order 7400.9Z, Airspace environmental, and energy-related Designations and Reporting Points, and aspects of the proposal. subsequent amendments can be viewed Communications should identify both DEPARTMENT OF TRANSPORTATION online at http://www.faa.gov/air_traffic/ docket numbers and be submitted in publications/. For further information, Federal Aviation Administration triplicate to the address listed above. you can contact the Airspace Policy Commenters wishing the FAA to Group, Federal Aviation 14 CFR Part 71 acknowledge receipt of their comments Administration, 800 Independence on this notice must submit with those [Docket No. FAA–2016–4172; Airspace Avenue SW., Washington, DC 20591; comments a self-addressed, stamped Docket No. 16–ASW–7] telephone: 202–267–8783. The Order is postcard on which the following also available for inspection at the statement is made: ‘‘Comments to Proposed Amendment of Class E National Archives and Records Docket No. FAA–2016–4172/Airspace Airspace for the Following Arkansas Administration (NARA). For Docket No. 16–ASW–7.’’ The postcard Towns; Blytheville, AR; Brinkley, AR; information on the availability of FAA will be date/time stamped and returned Clarksville, AR; and DeQueen, AR Order 7400.9Z at NARA, call 202–741– to the commenter. AGENCY: 6030, or go to http://www.archives.gov/ Federal Aviation Availability of NPRMs Administration (FAA), DOT. federal_register/code_of_federal- _ ACTION: Notice of proposed rulemaking regulations/ibr locations.html. An electronic copy of this document (NPRM). FAA Order 7400.9, Airspace may be downloaded through the Designations and Reporting Points, is Internet at http://www.regulations.gov. SUMMARY: This action proposes to published yearly and effective on Recently published rulemaking modify Class E airspace extending September 15. documents can also be accessed through
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the FAA’s Web page at http:// is necessary for the safety and § 71.1 [Amended] _ _ www.faa.gov/airports airtraffic/air management of the standard instrument ■ 2. The incorporation by reference in traffic/publications/airspace_ approach procedures for IFR operations 14 CFR 71.1 of FAA Order 7400.9Z, amendments/. at the airports. Airspace Designations and Reporting You may review the public docket Class E airspace designations are Points, dated August 6, 2015, and containing the proposal, any comments published in paragraph 6005 of FAA received, and any final disposition in effective September 15, 2015, is Order 7400.9Z, dated August 6, 2015, amended as follows: person in the Dockets Office (see the and effective September 15, 2015, which ADDRESSES section for the address and is incorporated by reference in 14 CFR Paragraph 6005: Class E Airspace Areas phone number) between 9:00 a.m. and 71.1. The Class E airspace designations Extending Upward From 700 Feet or More 5:00 p.m., Monday through Friday, listed in this document will be Above the Surface of the Earth except federal holidays. An informal published subsequently in the Order. * * * * * docket may also be examined during normal business hours at the Federal Regulatory Notices and Analyses ASW AR E5 Blytheville, AR [Amended] Aviation Administration, Air Traffic Blytheville, Arkansas International Airport, The FAA has determined that this Organization, Central Service Center, AR regulation only involves an established Operations Support Group, 10101 (Lat. 35°57′52″ N., long. 89°56′38″ W.) body of technical regulations for which Hillwood Parkway, Fort Worth, TX, frequent and routine amendments are Blytheville Municipal Airport, AR 76177. ° ′ ″ ° ′ ″ necessary to keep them operationally (Lat. 35 56 26 N., long. 89 49 51 W.) Persons interested in being placed on current, is non-controversial and That airspace extending upward from 700 a mailing list for future NPRMs should unlikely to result in adverse or negative feet above the surface within a 7-mile radius contact the FAA’s Office of Rulemaking, comments. It, therefore: (1) Is not a of Arkansas International Airport and within (202) 267–9677, for a copy of Advisory ‘‘significant regulatory action’’ under a 6.5-mile radius of Blytheville Municipal Circular No. 11–2A, Notice of Proposed Executive Order 12866; (2) is not a Airport. Rulemaking Distribution System, which ‘‘significant rule’’ under DOT * * * * * describes the application procedure. Regulatory Policies and Procedures (44 ASW AR E5 Brinkley, AR [Amended] Availability and Summary of FR 11034; February 26, 1979); and (3) Documents Proposed for Incorporation does not warrant preparation of a Brinkley, Frank Federer Memorial Airport, by Reference regulatory evaluation as the anticipated AR (Lat. 34°52′49″ N., long. 91°10′35″ W.) This document would amend FAA impact is so minimal. Since this is a That airspace extending upward from 700 Order 7400.9Z, Airspace Designations routine matter that will only affect air feet above the surface within a 6.4-mile and Reporting Points, dated August 6, traffic procedures and air navigation, it radius of Frank Federer Memorial Airport. 2015, and effective September 15, 2015. is certified that this rule, when FAA Order 7400.9Z is publicly available promulgated, would not have a * * * * * significant economic impact on a as listed in the ADDRESSES section of this ASW AR E5 Clarksville, AR [Amended] document. FAA Order 7400.9Z lists substantial number of small entities Clarksville Municipal Airport, AR Class A, B, C, D, and E airspace areas, under the criteria of the Regulatory (Lat. 35°28′15″ N., long. 93°25′38″ W.) air traffic service routes, and reporting Flexibility Act. points. Environmental Review That airspace extending upward from 700 feet above the surface within a 7.3-mile The Proposal This proposal will be subject to an radius of Clarksville Municipal Airport. The FAA is proposing an amendment environmental analysis in accordance * * * * * to Title 14 Code of Federal Regulations with FAA Order 1050.1F, ASW AR E5 De Queen, AR [Amended] (14 CFR) Part 71 by modifying Class E ‘‘Environmental Impacts: Policies and airspace extending upward from 700 Procedures’’ prior to any FAA final De Queen, J. Lynn Helms Sevier County feet above the surface at the following regulatory action. Airport, AR airports: (Lat. 34°02′49″ N., long. 94°23′58″ W.) List of Subjects in 14 CFR Part 71 Within 7-mile radius of Arkansas That airspace extending upward from 700 International Airport (formerly Eaker Airspace, Incorporation by reference, feet above the surface within a 6.5-mile AFB), and within a 6.5-mile radius of Navigation (air). radius of J. Lynn Helms Sevier County Blytheville Municipal Airport, Airport. The Proposed Amendment Blytheville, AR, and updating their Issued in Fort Worth, Texas, on April 19, geographic coordinates; Accordingly, pursuant to the 2016. Within a 6.4-mile radius of Frank authority delegated to me, the Federal Walter Tweedy, Federer Memorial Airport, Brinkley, Aviation Administration proposes to Acting Manager, Operations Support Group, AR; amend 14 CFR part 71 as follows: Central Service Center. Within a 7.3-mile radius of Clarksville [FR Doc. 2016–10178 Filed 5–2–16; 8:45 am] Municipal Airport, Clarksville, AR, PART 71—DESIGNATION OF CLASS A, and updating the airport’s geographic B, C, D, AND E AIRSPACE AREAS; AIR BILLING CODE 4910–13–P coordinates; and Within a 6.5-mile TRAFFIC SERVICE ROUTES; AND radius of J. Lynn Helms Sevier County REPORTING POINTS Airport, De Queen, AR. Airspace reconfiguration is necessary ■ 1. The authority citation for 14 CFR due to the decommissioning of NDBs, part 71 continues to read as follows: cancellation of NDB approaches, or Authority: 49 U.S.C. 106(f), 106(g); 40103, implementation of RNAV procedures at 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, the above airports. Controlled airspace 1959–1963 Comp., p. 389.
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DEPARTMENT OF THE TREASURY Rulings Division, Alcohol and Tobacco purchase. Establishment of an AVA is Tax and Trade Bureau, 1310 G Street neither an approval nor an endorsement Alcohol and Tobacco Tax and Trade NW., Box 12, Washington, DC 20005; by TTB of the wine produced in that Bureau phone 202–453–1039, ext. 175. area. SUPPLEMENTARY INFORMATION: 27 CFR Part 9 Requirements Background on Viticultural Areas [Docket No. TTB–2016–0003; Notice No. Section 4.25(e)(2) of the TTB 158] TTB Authority regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA RIN 1513–AC25 Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 and provides that any interested party Proposed Establishment of the U.S.C. 205(e), authorizes the Secretary may petition TTB to establish a grape- Appalachian High Country Viticultural of the Treasury to prescribe regulations growing region as an AVA. Section 9.12 Area for the labeling of wine, distilled spirits, of the TTB regulations (27 CFR 9.12) and malt beverages. The FAA Act prescribes standards for petitions for the AGENCY: Alcohol and Tobacco Tax and provides that these regulations should, establishment or modification of AVAs. Trade Bureau, Treasury. among other things, prohibit consumer Petitions to establish an AVA must ACTION: Notice of proposed rulemaking. deception and the use of misleading include the following: • Evidence that the area within the SUMMARY: The Alcohol and Tobacco Tax statements on labels and ensure that labels provide the consumer with proposed AVA boundary is nationally and Trade Bureau (TTB) proposes to or locally known by the AVA name establish the approximately 2,400- adequate information as to the identity and quality of the product. The Alcohol specified in the petition; square mile ‘‘Appalachian High • Country’’ viticultural area in all or and Tobacco Tax and Trade Bureau An explanation of the basis for portions of the following counties: (TTB) administers the FAA Act defining the boundary of the proposed Alleghany, Ashe, Avery, Mitchell, and pursuant to section 1111(d) of the AVA; Watauga Counties in North Carolina; Homeland Security Act of 2002, • A narrative description of the Carter and Johnson Counties in codified at 6 U.S.C. 531(d). The features of the proposed AVA affecting Tennessee; and Grayson County in Secretary has delegated various viticulture, such as climate, geology, Virginia. The proposed viticultural area authorities through Treasury soils, physical features, and elevation, does not lie within, nor does it contain, Department Order 120–01, dated that make the proposed AVA distinctive any other established viticultural area. December 10, 2013 (superseding and distinguish it from adjacent areas TTB designates viticultural areas to Treasury Department Order 120–01, outside the proposed AVA boundary; allow vintners to better describe the (Revised), ‘‘Alcohol and Tobacco Tax • The appropriate United States origin of their wines and to allow and Trade Bureau,’’ dated January 24, Geological Survey (USGS) map(s) consumers to better identify wines they 2003), to the TTB Administrator to showing the location of the proposed may purchase. TTB invites comments perform the functions and duties in the AVA, with the boundary of the on this proposed addition to its administration and enforcement of these proposed AVA clearly drawn thereon; regulations. provisions. and Part 4 of the TTB regulations (27 CFR • DATES: Comments must be received by part 4) authorizes TTB to establish A detailed narrative description of July 5, 2016. definitive viticultural areas and regulate the proposed AVA boundary based on ADDRESSES: Please send your comments the use of their names as appellations of USGS map markings. on this proposed rule to one of the origin on wine labels and in wine Appalachian High Country Petition following addresses (please note that advertisements. Part 9 of the TTB TTB has a new address for comments regulations (27 CFR part 9) sets forth the TTB received a petition from Johnnie submitted by U.S. mail): standards for the preparation and James, owner of Bethel Valley Farms, on • Internet: https:// submission of petitions for the behalf of members of the High Country www.regulations.gov (via the online establishment or modification of Wine Growers Association, proposing to comment form for this proposed rule as American viticultural areas (AVAs) and establish the approximately 2,400- posted within Docket No. TTB–2016– lists the approved AVAs. square mile ‘‘Appalachian High 0003 at ‘‘Regulations.gov,’’ the Federal Country’’ AVA. Twenty-one commercial e-rulemaking portal); Definition vineyards, covering approximately 71 • U.S. Mail: Director, Regulations and Section 4.25(e)(1)(i) of the TTB acres, are distributed across the Rulings Division, Alcohol and Tobacco regulations (27 CFR 4.25(e)(1)(i)) defines proposed AVA. According to the Tax and Trade Bureau, 1310 G Street a viticultural area for American wine as petition, an additional 8 vineyards NW., Box 12, Washington, DC 20005; or a delimited grape-growing region having comprising approximately 37 acres are • Hand delivery/courier in lieu of distinguishing features, as described in planned in the near future. There are mail: Alcohol and Tobacco Tax and part 9 of the regulations, and a name also 10 bonded wineries within the Trade Bureau, 1310 G Street NW., Suite and a delineated boundary, as proposed AVA. 400, Washington, DC 20005. established in part 9 of the regulations. The distinguishing features of the See the Public Participation section of These designations allow vintners and proposed Appalachian High Country this proposed rule for specific consumers to attribute a given quality, AVA include its topography, climate, instructions and requirements for reputation, or other characteristic of a and soils. Unless otherwise noted, all submitting comments, and for wine made from grapes grown in an area information and data pertaining to the information on how to request a public to the wine’s geographic origin. The proposed AVA contained in this hearing or view or request copies of the establishment of AVAs allows vintners proposed rule come from the petition petition and supporting materials. to describe more accurately the origin of for the proposed Appalachian High FOR FURTHER INFORMATION CONTACT: their wines to consumers and helps Country AVA and its supporting Karen A. Thornton, Regulations and consumers to identify wines they may exhibits.
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Name Evidence Drywall 10 in Laurel Springs, North southwestern boundaries follow the Carolina (Alleghany County). Mitchell County line, to separate the The region of the proposed The petition also included a listing of proposed AVA from the steeper slopes Appalachian High Country AVA is often over 40 additional businesses and of the Black Mountains. Additionally, referred to as the ‘‘High Country’’ organizations that routinely use the the petition states that the phrase ‘‘High because of its high elevations, which, phrase ‘‘High Country’’ in their printed Country’’ is not commonly used in according to the petition, are considered or radio advertisements. For example, reference to the region southwest of to be the highest average elevations east Boone Drug, which has locations in all Mitchell County. A portion of the of the Mississippi River. The High of the Tennessee and North Carolina western boundary follows the 2,000-foot Country Wine Growers Association counties within the proposed AVA, elevation line through Carter County chose to add ‘‘Appalachian’’ to the advertises that the pharmacy chain was and separates the high elevations of the proposed AVA name as a reference to established in 1919 and ‘‘has proudly proposed AVA from the lower the proposed AVA’s location within the been serving the High Country ever elevations to the west. The remainder of Appalachian Mountains, as well as to since * * *.’’ 11 Prospect Hill Bed and the proposed western boundary, along distinguish the proposed AVA from Breakfast, located in Mountain City, with the proposed northwestern and other regions across the country that are Tennessee and also within the proposed northern boundary, follows the Johnson also referred to as ‘‘High Country.’’ AVA, invites guests to ‘‘enjoy the and Grayson County lines, to separate wonders of the Appalachian High the proposed AVA from regions that The petition included evidence that 12 Country.’’ Red Tail Mountain Resort have shallower slope angles and are not the phrase ‘‘High Country’’ applies to and Golf, which is also located in generally referred to as ‘‘High Country.’’ the region of the proposed AVA. Several Mountain City, Tennessee, advertises tourism Web sites that feature the region itself as ‘‘the finest mountain golf in the Distinguishing Features of the proposed AVA include the phrase High Country.’’ 13 Finally, Appalachian The distinguishing features of the ‘‘High Country’’ in their names, Blinds and Closet Company, located in proposed Appalachian High Country including High Country Host,1 High Boone, North Carolina, is advertised as AVA include its topography, climate, Country Journey,2 and GO NC High the ‘‘High Country’s one-stop shop’’ for and soils. Country.3 The High Country Council of home decorating needs.14 4 Topography Governments is a planning and Boundary Evidence development association comprised of The proposed Appalachian High county and municipal governments in The proposed Appalachian High Country is a mountainous region with northwestern North Carolina, including Country AVA includes all or portions of high elevations and steep slopes. Alleghany, Ashe, Avery, Mitchell, and Alleghany, Ashe, Avery, Mitchell, and Elevations range from 1,338 feet to over Watauga Counties. The petition also Watauga Counties in North Carolina; Carter and Johnson Counties in 6,000 feet, with vineyards planted at included a listing of over 100 businesses Tennessee; and Grayson County in elevations between 2,290 and 4,630 feet. and organizations within the proposed Virginia. A portion of the proposed According to the petition, 12 of the 21 AVA that use the phrase ‘‘High eastern boundary follows the Ashe, vineyards within the proposed AVA are Country’’ in their names, including High Alleghany, and Watauga County lines to located at elevations at or above 3,000 Country Wedding and Event separate the proposed Appalachian feet. The average slope angle within the 5 Coordinators in Butler, Tennessee High Country AVA from the adjacent proposed AVA is 35.9 degrees, with (Johnson County); High Country Horse Yadkin Valley AVA (27 CFR 9.174), vineyards planted on slope angles Camp 6 in Troutdale, Virginia (Grayson which has lower elevations. The ranging from 9 to 46 degrees. The County); High Country Bottling remainder of the proposed eastern petition states that 11 of the vineyards Company 7 in West Jefferson, North boundary follows the Blue Ridge within the proposed AVA are planted Carolina (Ashe County); High Country Parkway to separate the proposed AVA on slopes with angles of 30 degrees or Hearth and Chimney 8 in Banner Elk, from the Pisgah National Forest, which higher. The following tables compare North Carolina (Avery County); High is unavailable for commercial the elevations and slope angles of the Country Academy Tutoring Service 9 viticulture due to its status as a National proposed AVA to those of the (Watauga County); and High Country Forest. The proposed southern and surrounding areas.
TABLE 1—ELEVATION [in feet] 15
Region Minimum Maximum Mean
Proposed AVA ...... 1,338 6,259 3,127 Northwest ...... 1,069 5,728 2,050 Northeast ...... 774 3,960 2,313 Southeast ...... 177 5,754 1,012 Southwest ...... 961 6,660 2,846
1 www.highcountryhost.com. 8 www.highcountryhearth.com. 15 Elevations calculated using the U.S. Geological 2 www.highcountryjourney.com. 9 www.highcountryacademync.com. Survey’s Digital Elevation Models. 3 www.youtube./user/GoNCHighCountry. 10 No Web site available. 16 Slope angles calculated using the US 4 www.regiond.org. 11 www.boonedrug.com. Geological Survey’s Digital Elevation Models. All 5 www.highcountryweddingplanners.com. 12 www.prospect-hill.com/activities. regions in the survey area have a minimum slope 6 www.highcountryhorsecampva.net. 13 www.redtailmountain.com. angle of 0 degrees. 7 www.highcountrywater.com. 14 www.appblinds.com.
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TABLE 2—SLOPE ANGLE [percent] 16
Region Maximum Mean
Proposed AVA ...... 78.2 35.9 Northwest ...... 78.4 31 Northeast ...... 77.7 28.1 Southeast ...... 82.3 16.9 Southwest ...... 80.1 37.3
The data in the tables indicates that than all of the surrounding regions often plant multiple small vineyards, the proposed Appalachian High Country except the southwestern region. which can be more easily tended by AVA has higher minimum and mean The high elevations and steep slope hand. elevations than all of the surrounding angles affect viticulture within the The high elevations of the proposed regions, as well as a maximum elevation proposed Appalachian High Country AVA expose the vineyards to greater that is higher than every region except AVA. Vineyards on the steepest slopes amounts of solar irradiance than that the region to the southwest, within the are terraced to reduce erosion. The steep received by lower surrounding regions. Black Mountains. The data also slopes are also unsuitable for large-scale The following table shows the indicates that although some of the mechanized tilling, harvesting, and minimum, maximum, and mean amount surrounding areas have greater spraying. Therefore, instead of planting of solar irradiance received in the maximum slope angles, the proposed a single large vineyard, a vineyard proposed AVA and the AVA has a greater mean slope angle owner within the proposed AVA will surroundingregions.
TABLE 3—SOLAR IRRADIANCE [Watt hours per acre] 17
Region Minimum Maximum Mean
Proposed AVA ...... 18.4 395.4 233.6 Northwest ...... 13.7 383.3 221.0 Northeast ...... 17.1 329.0 240.0 Southeast ...... 9.2 372.7 231.9 Southwest ...... 11.3 404.9 219.1
The mean amount of solar irradiance AVA compensate for the low Appalachian High Country AVA are the proposed AVA receives is greater temperatures and allow grapes to cooler than the surrounding regions. than the amount received in three of the mature successfully within a short The petition included the following four surrounding areas; only the growing season. tables that show the average annual and northeast region receives a higher mean Climate growing season temperatures for the amount of solar irradiance. According to proposed AVA and the surrounding the petition, the high amounts of solar According to the petition, regions. irradiation received in the proposed temperatures within the proposed
TABLE 4—AVERAGE ANNUAL TEMPERATURES [In degrees Fahrenheit] 18
Location Maximum Minimum Mean
Proposed AVA ...... 62.0 40.9 51.5 Northwest ...... 65.9 43.2 54.6 Northeast ...... 63.6 42.5 53.1 Southeast ...... 70.1 47.1 58.6 Southwest ...... 64.9 42.3 53.6
TABLE 5—AVERAGE ANNUAL GROWING SEASON TEMPERATURES [In degrees Fahrenheit] 19
Location Maximum Minimum Mean
Proposed AVA ...... 72.0 50.5 61.3 Northwest ...... 76.7 53.1 64.9
17 Solar irradiance calculated using ArcGIS normals gathered from weather stations, along with calculated every 10 years, using 30 years of data, software. other factors such as elevation, longitude, slope and at the time the petition was submitted, the most 18 Annual climate indices were calculated using angles, and solar aspect to estimate the general recent climate normals available were from the the PRISM Spatial Climatic Dataset. The PRISM climate patterns for the proposed AVA and the period of 1981–2010. climate data mapping system combines climate surrounding regions. Climate normals are only
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TABLE 5—AVERAGE ANNUAL GROWING SEASON TEMPERATURES—Continued [In degrees Fahrenheit] 19
Location Maximum Minimum Mean
Northeast ...... 74.2 52.4 63.3 Southeast ...... 80.2 57.2 68.7 Southwest ...... 74.4 51.7 63.1
The petition also included High Country AVA. The growing season hardiness zone information was information on the growing degree days length, GDDs, and Winkler regions are gathered from the United States (GDDs),20 Winkler regions,21 growing all based on the 1981–2010 climate Department of Agriculture’s 2012 Plant season length, and plant hardiness normals, which were the most recent Hardiness Zone interactive map.22 The zones of locations both within and climate normals available at the time the information is included in the following outside of the proposed Appalachian petition was submitted. The plant table.
TABLE 6—GDDS, WINKLER REGIONS, GROWING SEASON LENGTH, AND PLANT HARDINESS ZONES
Growing Growing season Location degree days Winkler region length Plant hardiness zone (in days)
Proposed AVA...... 2,635 I/II ...... 139.2 6a/6b (¥10 to 0 degrees Fahrenheit). Northwest ...... 3,507 III/IV ...... 153.6 6b (¥5 to 0 degrees Fahrenheit). Northeast ...... 3,114 III ...... 157.3 6b (¥5 to 0 degrees Fahrenheit). Southeast ...... 3,762 IV/V ...... 161.3 7a/7b (0 to 10 degrees Fahrenheit). Southwest ...... 3,341 III ...... 148.3 6b/7a (¥5 to 5 degrees Fahrenheit).
The climate data presented in the successfully do not grow well within wine, which must be produced from three tables shows that the proposed the proposed AVA. Instead, vineyard grapes that have been naturally frozen Appalachian High Country AVA is a owners within the proposed AVA on the vine. According to the petition, cool region with a shorter growing choose to plant cold-hardy hybrid temperatures within the proposed AVA season and fewer GDDs than the varietals of grapes such as Marquette, can easily drop low enough to freeze the surrounding regions. According to the traminette, seyval blanc, cabernet franc, mature grapes before they rot. petition, the cool climate, small vidal blanc, and Frontenac. These The petition also included accumulation of GDDs, and short varieties require less time to reach full information about the average annual growing season within the proposed maturity and can withstand the colder and growing season precipitation viticulture area have an effect on winter temperatures of the proposed amounts for the proposed Appalachian viticulture. For instance, varieties of AVA. The petition also notes that the High Country AVA and the surrounding grapes that require warm temperatures temperatures of the proposed AVA are areas. The information is included in and a long period of time to mature well-suited for the production of ice the following table.
TABLE 7—PRECIPITATION [In inches] 23
Average Average growing Location annual season precipitation precipitation
Proposed AVA ...... 48.6 29.5 Northwest ...... 45.3 27.0 Northeast ...... 46.4 28.6 Southeast ...... 47.2 28.2 Southwest ...... 53.0 30.9
19 Growing season indices were also calculated growth. See Albert J. Winkler, General Viticulture Albert J. Winkler, General Viticulture (Berkeley: using the PRISM Spatial Climatic Dataset and (Berkeley: University of California Press, 1974), University of California Press, 1974), pages 61–64. climate normal from 1981–2010. ‘‘Growing season’’ pages 61–64. 22 The plant hardiness zone scale is based on is defined as the period from April 1–October 31. 21 In the Winkler climate classification system, average annual minimum winter temperatures, 20 In the Winkler climate classification system, geographical areas are divided into five climate divided into 10-degree Fahrenheit zones ranging annual heat accumulation during the growing zones based on growing degree days (GDDs), with from a low of 1 to a high of 13. Each zone is further season, measured in annual growing degree days Region I being the coolest and Region V being the divided into two 5-degree sub-zones labeled ‘‘a’’ (GDDs), defines climatic regions. One GDD hottest. The zone ranges are as follows: Region I = and ‘‘b,’’ with the ‘‘a’’ zone being the colder zone. accumulates for each degree Fahrenheit that a day’s 2,500 GDDs or less; Region II = 2,501–3,000 GDDs; See www.planthardiness.ars.usda.gov/PHZMWeb. mean temperature is above 50 degrees, the Region III = 3,001–3,500 GDDs; Region IV = 3,501– 23 Data collected using the PRISM Spatial Climate minimum temperature required for grapevine 4,000 GDDs; Region V = 4,001 GDDs or more. See Dataset and the 1981–2010 climate normals.
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The data shows that the proposed eight major soil series associations and the proposed AVA. Two other major soil AVA receives more rainfall than all the the percentage each series makes up of series associations are prevalent to the surrounding regions except the region to the total proposed AVA soils. northeast of the proposed AVA. The the southwest. According to the Myersville—Catoctin and the Wallen– petition, the high rainfall amounts of the TABLE 8—MAJOR SOIL SERIES ASSO- Lilly—Drypond—Dekalb soil series proposed AVA affect viticulture. High CIATIONS WITHIN THE PROPOSED associations comprise 15 and 12 percent rainfall amounts, particularly during the AVA 24 of the soils in those regions, growing season, can promote disease respectively. These two soil series and fungus in grapevines. However, the Percentage of associations combined only account for cold-hardy hybrid varietals prevalent Soil series association total proposed 3 percent of the soils within the AVA soils within the proposed AVA have also proposed AVA. Southwest of the been bred for disease resistance. Tusquitee-Edneyville ...... 24 proposed AVA the Chester–Ashe soil Therefore, the petition states, the grapes Hayesville ...... 17 series association is the most prevalent grown in the proposed AVA are well- Tate-Maymead-Ditney ...... 9 association, comprising 27 percent of suited to withstand both cold and wet Tusquitee-Porters-Fannin- the soils, compared to only 7 percent of climates. Evard-Brevard-Ashe ...... 9 the soils within the proposed AVA. Chester-Ashe ...... 7 Soils Watauga-Clifton-Chandler .... 7 The soil series associations that are Clifton-Chester ...... 5 most prevalent in the areas southeast The soils of the proposed Tusquitee-Porters-Codorus- Appalachian High Country AVA are and northwest of the proposed AVA are Chester ...... 4 present only in miniscule amounts derived from igneous and metamorphic Total ...... 82 rocks such as gneiss and granite. The within the proposed AVA. The most common soil series association in the soils are described as well-drained soils The soils of the proposed region to the southeast of the proposed with a fine, loamy texture. In Appalachian High Country AVA AVA is the Hiwassee—Cecil association, environments with high annual distinguish it from the surrounding which makes up 30 percent of that precipitation amounts, such as the regions. According to the petition, two region’s soils. The region to the proposed AVA, well-drained soils help of the eight most prevalent soil series reduce the risk of fungus and rot in associations within the proposed AVA northwest of the proposed AVA is grapevines. The petition states that (Watauga—Clifton—Chandler and dominated by the Frederick—Carbo soil organic matter comprises up to 14 Clifton–Chester) are not found in the series association, which comprises 22 percent of the soils in the proposed surrounding regions. Other soil series percent of that region’s soils. AVA, providing an excellent source of associations found within the proposed Summary of Distinguishing Features nutrients for grapevines. The soils are AVA are also found in the regions also considered very deep, with 60 outside the proposed AVA to the In summary, the evidence provided in inches or more to bedrock, which northeast and southwest, but in greater the petition indicates that the provides ample room for root growth. amounts. For example, to the northeast geographic features of the proposed The petition states that there are 26 of the proposed AVA, the Hayesville Appalachian High Country AVA soil series associations represented soil series association is the most distinguish it from the surrounding within the proposed AVA. Eight of these prevalent soil series association, regions in each direction. The following soil series associations comprise 82 comprising 43 percent of the soils. By table summarizes the distinguishing percent of the total soils of the proposed contrast, this soil series association features of the proposed AVA and the AVA. The following table sets out the makes up only 17 percent of the soils of surrounding regions.
Location Distinguishing features
Proposed Appalachian High Country AVA ...... • Elevations between 1,338 and 6,259 feet. • Mean slope angle of 35.9 percent. • High levels of solar irradiance. • Cool Region I/II climate with short growing season. • Average annual precipitation total of 48.6 inches. • Soils primarily of the Tusquitee—Edneyville soil series association. Northwest ...... • Elevations between 1,069 and 5,728 feet. • Mean slope angle of 31 percent. • Lower levels of solar irradiance. • Warm Region III/IV climate with long growing season. • Average annual precipitation total of 45.3 inches. • Soils primarily of the Frederick—Carbo soil series association. Northeast ...... • Elevations between 774 and 3,906 feet. • Mean slope angle of 28.1 percent. • Lower levels of solar irradiance. • Warm Region III climate with long growing season. • Average annual precipitation total of 46.4 inches. • Soils primarily of the Hayesville soil series association. Southeast ...... • Elevations between 177 and 5,754 feet. • Mean slope angle of 16.9 percent. • Lower levels of solar irradiance. • Hot Region IV/V climate with long growing season.
24 Source: 2013 USDA Natural Resources Conservation Service Web Soil Survey (www.websoilsurvey.nrcs.usda.gov).
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Location Distinguishing features
• Average annual precipitation total of 47.2 inches. • Soils primarily of the Hiwassee—Cecil soil series association. Southwest ...... • Elevations between 961 and 6,660 feet. • Mean slope angle of 37.3 percent. • Lower levels of solar irradiance. • Warm Region III climate with long growing season. • Average annual precipitation total of 53 inches. • Soils primarily of the Chester—Ashe soil series association.
TTB Determination trademark, or in another label reference rulemaking.shtml. Supplemental files TTB concludes that the petition to as to the origin of the wine, would have may be attached to comments submitted establish the approximately 2,400- to ensure that the product is eligible to via Regulations.gov. For complete square mile Appalachian High Country use the AVA name as an appellation of instructions on how to use AVA merits consideration and public origin. Regulations.gov, visit the site and click on the ‘‘Help’’ tab. comment, as invited in this proposed Public Participation • rule. U.S. Mail: You may send comments Comments Invited via postal mail to the Director, Boundary Description TTB invites comments from interested Regulations and Rulings Division, See the narrative description of the members of the public on whether it Alcohol and Tobacco Tax and Trade boundary of the petitioned-for AVA in should establish the proposed AVA. Bureau, 1310 G Street NW., Box 12, the proposed regulatory text published TTB is also interested in receiving Washington, DC 20005. • at the end of this proposed rule. comments on the sufficiency and Hand Delivery/Courier: You may hand-carry your comments or have them Maps accuracy of the name, boundary, soils, climate, and other required information hand-carried to the Alcohol and The petitioner provided the required submitted in support of the petition. Tobacco Tax and Trade Bureau, 1310 G maps, and they are listed below in the Please provide any available specific Street NW., Suite 400, Washington, DC proposed regulatory text. information in support of your 20005. Please submit your comments by the Impact on Current Wine Labels comments. Because of the potential impact of the closing date shown above in this Part 4 of the TTB regulations prohibits establishment of the proposed proposed rule. Your comments must any label reference on a wine that Appalachian High Country AVA on reference Notice No. 158 and include indicates or implies an origin other than wine labels that include the term your name and mailing address. Your the wine’s true place of origin. For a ‘‘Appalachian High Country,’’ as comments also must be made in wine to be labeled with an AVA name, discussed above under Impact on English, be legible, and be written in at least 85 percent of the wine must be Current Wine Labels, TTB is language acceptable for public derived from grapes grown within the particularly interested in comments disclosure. TTB does not acknowledge area represented by that name, and the regarding whether there will be a receipt of comments, and TTB considers wine must meet the other conditions conflict between the proposed area all comments as originals. listed in § 4.25(e)(3) of the TTB name and currently used brand names. In your comment, please clearly regulations (27 CFR 4.25(e)(3)). If the If a commenter believes that a conflict indicate if you are commenting on your wine is not eligible for labeling with an will arise, the comment should describe own behalf or on behalf of an AVA name and that name appears in the the nature of that conflict, including any association, business, or other entity. If brand name, then the label is not in anticipated negative economic impact you are commenting on behalf of an compliance and the bottler must change that approval of the proposed AVA will entity, your comment must include the the brand name and obtain approval of have on an existing viticultural entity’s name, as well as your name and a new label. Similarly, if the AVA name enterprise. TTB is also interested in position title. If you comment via appears in another reference on the receiving suggestions for ways to avoid Regulations.gov, please enter the label in a misleading manner, the bottler conflicts, for example, by adopting a entity’s name in the ‘‘Organization’’ would have to obtain approval of a new modified or different name for the AVA. blank of the online comment form. If label. Different rules apply if a wine has you comment via postal mail or hand a brand name containing an AVA name Submitting Comments delivery/courier, please submit your that was used as a brand name on a You may submit comments on this entity’s comment on letterhead. label approved before July 7, 1986. See proposed rule by using one of the You may also write to the § 4.39(i)(2) of the TTB regulations (27 following three methods (please note Administrator before the comment CFR 4.39(i)(2)) for details. that TTB has a new address for closing date to ask for a public hearing. If TTB establishes this proposed AVA, comments submitted by U.S. Mail): The Administrator reserves the right to its name, ‘‘Appalachian High Country,’’ • Federal e-Rulemaking Portal: You determine whether to hold a public will be recognized as a name of may send comments via the online hearing. viticultural significance under comment form posted with this § 4.39(i)(3) of the TTB regulations (27 proposed rule within Docket No. TTB– Confidentiality CFR 4.39(i)(3)). The text of the proposed 2016–0003 on ‘‘Regulations.gov,’’ the All submitted comments and regulation clarifies this point. Federal e-rulemaking portal, at https:// attachments are part of the public record Consequently, if this proposed rule is www.regulations.gov. A direct link to and subject to disclosure. Do not adopted as a final rule, wine bottlers that docket is available under Notice enclose any material in your comments using the name ‘‘Appalachian High No. 158 on the TTB Web site at https:// that you consider to be confidential or Country’’ in a brand name, including a www.ttb.gov/wine/wine- inappropriate for public disclosure.
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Public Disclosure Drafting Information (16) Cedar Springs, VA., 1959; Karen A. Thornton of the Regulations photorevised 1978; photoinspected TTB will post, and you may view, 1988; copies of this proposed rule, selected and Rulings Division drafted this proposed rule. (17) Speedwell, VA., 1968; supporting materials, and any online or photorevised 1979; mailed comments received about this List of Subjects in 27 CFR Part 9 (18) Cripple Creek, VA., 1968; proposal within Docket No. TTB–2016– Wine. photoinspected 1988; 0003 on the Federal e-rulemaking (19) Austinville, VA., 1965; portal, Regulations.gov, at https:// Proposed Regulatory Amendment photorevised 1979; photoinspected www.regulations.gov. A direct link to For the reasons discussed in the 1982; that docket is available on the TTB Web preamble, TTB proposes to amend title (20) Galax, VA., 1965; photorevised site at https://www.ttb.gov/wine/wine- 27, chapter I, part 9, Code of Federal 1984; rulemaking.shtml under Notice No. 158. Regulations, as follows: (21) Cumberland Knob, N.C.—VA., You may also reach the relevant docket 1965; photorevised 1977; through the Regulations.gov search page PART 9—AMERICAN VITICULTURAL (22) Lambsburg, VA.—N.C., 1965; at https://www.regulations.gov. For AREAS photorevised 1977; information on how to use (23) Roaring Gap, N.C., 1971; Regulations.gov, click on the site’s ■ 1. The authority citation for part 9 (24) Glade Valley, N.C., 1968; ‘‘Help’’ tab. continues to read as follows: (25) Traphill, N.C., 1968; All posted comments will display the (26) Whitehead, N.C., 1968; Authority: 27 U.S.C. 205. (27) McGrady, N.C., 1968; commenter’s name, organization (if photoinspected 1984; any), city, and State, and, in the case of Subpart C—Approved American Viticultural Areas (28) Horse Gap, N.C., 1968; mailed comments, all address (29) Laurel Springs, N.C., 1968; information, including email addresses. ■ 2. Subpart C is amended by adding (30) Glendale Springs, N.C., 1967; TTB may omit voluminous attachments §9.llto read as follows: (31) Maple Springs, N.C., 1966; or material that the Bureau considers (32) Deep Gap, N.C., 1967; unsuitable for posting. § 9. Appalachian High Country. (33) Buffalo Cove, N.C., 1967; You may also view copies of this (a) Name. The name of the viticultural (34) Globe, N.C., 1959; proposed rule, all related petitions, area described in this section is (35) Grandfather Mountain, N.C., maps and other supporting materials, ‘‘Appalachian High Country’’. For 1960; photorevised 1978; and any electronic or mailed comments purposes of part 4 of this chapter, (36) Newland, N.C., 1960; that TTB receives about this proposal by ‘‘Appalachian High Country’’ is a term photorevised 1978; appointment at the TTB Information of viticultural significance. (37) Linville Falls, N.C., 1994; Resource Center, 1310 G Street NW., (b) Approved maps. The 46 United (38) Ashford, N.C., 1994; Washington, DC 20005. You may also States Geological Survey (USGS) (39) Little Switzerland, N.C., 1994; obtain copies at 20 cents per 8.5- x 11- 1:24,000 scale topographic maps used to (40) Spruce Pine, N.C., 1994; inch page. Please note that TTB is determine the boundary of the (41) Celo, N.C., 1994; unable to provide copies of USGS maps Appalachian High Country viticultural (42) Micaville, N.C., 1960; or any similarly-sized documents that area are titled: photorevised 1978; (43) Bakersville, N.C.,—Tenn., 1960; may be included as part of the AVA (1) Unicoi, Tenn.—N.C, 1939; photorevised 1978; petition. Contact TTB’s information photorevised 1978; (2) Iron Mountain gap, Tenn.—N.C., (44) Burnsville, N.C., 1998; specialist at the above address or by (45) Huntdale, N.C.—Tenn., 1939; and telephone at 202–453–2265 to schedule 1960; photorevised 1968; (3) Johnson City, Tenn., 1959; (46) Chestoa, Tenn.—N.C., 1939; an appointment or to request copies of photorevised 1978. comments or other materials. photorevised 1968; (4) Elizabethton, Tenn., 1959; (c) Boundary. The Appalachian High Regulatory Flexibility Act photorevised 1968; Country viticultural area is located in all or portions of Alleghany, Ashe, Avery, TTB certifies that this proposed (5) Watauga Dam, Tenn., 1960; (6) Carter, Tenn., 1938; photorevised Mitchell, and Watauga Counties in regulation, if adopted, would not have North Carolina; Carter and Johnson a significant economic impact on a 1969; (7) Keenburg, Tenn., 1960; Counties in Tennessee; and Grayson substantial number of small entities. (8) Doe, Tenn., 1938; photorevised County in Virginia. The boundary of the The proposed regulation imposes no 1969; Appalachian High Country viticultural new reporting, recordkeeping, or other (9) Shady Valley, Tenn.—VA., 1960; area is as described below: administrative requirement. Any benefit photorevised 1970; photoinspected (1) The beginning point is on the derived from the use of an AVA name 1988; Unicoi map, at the point where the would be the result of a proprietor’s (10) Laurel Bloomery, Tenn.—VA., Unicoi/Mitchell County line intersects efforts and consumer acceptance of 1938; photorevised 1969; with an unnamed road known locally as wines from that area. Therefore, no (11) Grayson, Tenn.—N.C.—VA., Unaka Mountain Road near Beauty Spot regulatory flexibility analysis is 1959; photoinspected 1976; Gap, Tennessee. From the beginning required. (12) Park, N.C.—VA., 1959; point, proceed northeasterly Executive Order 12866 photorevised 1978; approximately 7.3 miles along the (13) Whitetop Mountain, VA., 1959; Unicoi/Mitchell County line, crossing It has been determined that this photorevised 1978; onto the Iron Mountain Gap map, to the proposed rule is not a significant (14) Trout Dale, VA., 1959; intersection of the Unicoi/Mitchell regulatory action as defined by photorevised 1978; photoinspected County line with the Carter County line; Executive Order 12866 of September 30, 1988; then 1993. Therefore, no regulatory (15) Middle Fox Creek, VA., 1959; (2) Proceed northerly along the assessment is required. photoinspected 1988; Unicoi/Carter County line
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approximately 9.3 miles, crossing back meandering 2,000-foot elevation corner), Horse Gap, and Laurel Springs onto the Unicoi map and then onto the contour, crossing over the Watauga Dam map, then back onto the Horse Gap map Johnson City map, to the intersection of map and onto the Carter map, and and continuing along the Alleghany the Unicoi/Carter County line with the continuing along the 2,000-foot County line on the Horse Gap map to 2,000-foot elevation contour, southeast elevation contour as it crosses over State the Ashe/Wilkes County line at of an unnamed road known locally as Route 91 near Sadie, Tennessee, and Mulberry Gap, North Carolina; then Whispering Pine Road; then turns southwesterly, and continuing (25) Proceed westerly, then (3) Proceed southeasterly along the southwesterly for approximately 22.2 southwesterly along the Ashe/Wilkes meandering 2,000-foot elevation miles along the 2,000-foot elevation County line, crossing over the Glendale contour, crossing onto the Unicoi map contour, crossing onto the Keenburg Springs and onto the Maple Springs and then back onto the Johnson City map and circling Carter Knob, to the map, then back onto the Glendale map, and continuing onto the intersection of the 2,000-foot elevation Springs map, then back onto the Maple Elizabethton map for approximately 19 contour with the Carter/Sullivan County Springs map, and continuing along the miles to the intersection of the elevation line; then Ashe/Wilkes County line on the Maple contour with an unnamed road known (17) Proceed southeasterly, then Springs map to the intersection of the locally as Brimer Road near Bremer northeasterly, approximately 7 miles Ashe/Wilkes County line and the Hollow; then along the Carter/Sullivan County line to Watauga County line at Thomkins Knob, (4) Proceed northwesterly an unnamed road known locally as North Carolina; then approximately 1,500 feet along Brimer National Forest Road 56, near Low Gap, (26) Proceed southwesterly along the Road to an unnamed road known locally Tennessee; then Watauga/Wilkes County line, crossing as Jenkins Hollow Road; then (18) Proceed easterly approximately over the Deep Gap map (southeastern (5) Proceed easterly approximately 1.4 0.75 miles along National Forest Road corner) and onto the Buffalo Cove map, miles along Jenkins Hollow Road, 56, crossing onto the Carter map, to the to the intersection of the Watauga/ crossing the Doe River, to U.S. Route Carter/Sullivan County line; then Wilkes County line and the Caldwell 321 in the town of Valley Forge, (19) Proceed easterly approximately County line at White Rock Mountain, Tennessee; then 10.4 miles along the Carter/Sullivan North Carolina; then (6) Proceed north approximately 400 County line, crossing over the Doe map (27) Proceed west along the Watauga/ feet along U.S. Route 321 to an (northwestern corner) and onto the Caldwell County line, crossing over the unnamed road known locally as Ruby Shady Valley Map, to the intersection of Globe map and onto the Grandfather Harmon Road; then the Carter/Sullivan County line with the Mountain map, to the intersection of the (7) Proceed northeasterly Johnson County line at Rich Knob, Watauga/Caldwell County line with the approximately 360 feet along Ruby Tennessee; then Avery County line at Calloway Peak, Harmon Road to an unnamed road (20) Proceed northeasterly North Carolina; then known locally as Nanny Goat Hill Road; approximately 13.4 miles along the (28) Proceed southeasterly then Johnson/Sullivan County line, crossing approximately 1.8 miles along the (8) Proceed easterly approximately 0.2 onto the Laurel Bloomery map, to the Caldwell/Avery County line to the mile along Nanny Goat Hill Road to the intersection of the Johnson/Sullivan boundary of the Blue Ridge Parkway at 1,800-foot elevation contour, east of an County line with the Washington Pilot Knob, North Carolina; then unnamed road known locally as Gene County line at the Virginia/Tennessee (29) Proceed southwesterly Mathes Road; then State line; then approximately 11.6 miles along the Blue (9) Proceed northeasterly (21) Proceed easterly approximately Ridge Parkway boundary, crossing over approximately 0.4 mile along the 1,800- 10 miles along the Johnson/Washington the Newland map (southeastern corner) foot elevation contour to an unnamed County line, crossing onto the Grayson and onto the Linville Falls map, to the road known locally as Franklin Lane; map, to the intersection of the Johnson/ intersection of the parkway boundary then Washington County line with the with the Avery/Burke County line; then (10) Proceed southerly approximately Grayson County line; then (30) Proceed northwesterly, then 0.3 mile along Franklin Lane to the (22) Proceed east, then northeasterly, southwesterly, for a total of 2,000-foot elevation contour; then then southeasterly, along the Grayson approximately 4.2 miles along the (11) Proceed northeasterly along the County line, crossing over the Park, Avery/Burke County line to the meandering 2,000-foot elevation Whitetop Mountain, Trout Dale, Middle McDowell County line; then contour, crossing over Hardin Branch, Fox Creek, Cedar Springs, Speedwell, (31) Proceed southerly approximately Clover Branch, South Pierce Branch, Cripple Creek, Austinville, Galax, and 5 miles along the Avery/McDowell and North Pierce Branch, to a fifth, Cumberland Knob maps and onto the County line to the Mitchell County line; unnamed stream; then Lambsburg map, to the intersection of then (12) Proceed northerly approximately the Grayson County line with the Surry (32) Proceed southerly, then 0.47 mile along the unnamed stream to County line and an unnamed road southwesterly, along the McDowell/ an unnamed road known locally as known locally as Fisher’s Peak Road, at Mitchell County line, crossing over the Wilbur Dam Road; then the Virginia/North Carolina State line; Ashford (northwestern corner) and (13) Proceed southeasterly then Little Switzerland (northeastern corner) approximately 0.25 mile along Wilbur (23) Proceed west along the Grayson/ maps and onto the Spruce Pine map, Dam Road to Wilbur Dam; then Surry County line, crossing back onto then back onto the Little Switzerland (14) Proceed northeasterly across the Cumberland Knob map, to map and continuing along the Wilbur Dam to the marked transmission Alleghany County line; then McDowell/Mitchell County line, line; then (24) Proceed southerly, then crossing onto the Celo map, to the (15) Proceed northerly approximately northwesterly, then southwesterly along intersection of the McDowell/Mitchell 0.5 mile along the transmission line to the Alleghany County line, crossing County line with the Yancey County the 2,000-foot elevation contour; then over the Roaring Gap, Glade Valley, line; then (16) Proceed northeasterly Traphill (northeastern corner), (33) Proceed west then northerly approximately 19 miles along the Whitehead, McGrady (northwestern along the Mitchell/Yancey County line,
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crossing over the Micaville, Bakersville, The Atlanta Area will remain in a more protective level. Effective July Huntdale (southeastern corner), and nonattainment status for the 2008 8- 20, 2012, EPA designated any area that Burnsville maps, then back onto the hour ozone NAAQS until such time as was violating the 2008 8-hour ozone Huntdale map and continuing along the the State requests a redesignation to NAAQS based on the three most recent Mitchell/Yancy County line, crossing attainment and EPA determines that the years (2008–2010) of air monitoring data onto the Chestoa map, to the Atlanta Area meets the Clean Air Act as a nonattainment area. See 77 FR intersection of the Mitchell/Yancey (CAA or Act) requirements for 30088 (May 21, 2012). The Atlanta Area, County line with the Mitchell/Unicoi redesignation, including an approved consisting of Bartow, Cherokee, Clayton, County line, which is concurrent with maintenance plan. Cobb, Coweta, DeKalb, Douglas, Fayette, the Tennessee/North Carolina State line; DATES: Comments must be received on Forsyth, Fulton, Gwinnett, Henry, then or before June 2, 2016. Newton, Paulding, and Rockdale (34) Proceed northeasterly along the ADDRESSES: Submit your comments, counties, was designated as a marginal Mitchell/Unicoi County line, crossing identified by Docket ID No. EPA–R04– ozone nonattainment area. See 40 CFR back over the Huntsdale (northwestern OAR–2015–0839, at http:// 81.311. Areas that were designated as corner) map and onto the Unicoi map, www.regulations.gov. Follow the online marginal ozone nonattainment areas and returning to the beginning point. instructions for submitting comments. were required to attain the 2008 8-hour ozone NAAQS no later than July 20, Signed: April 25, 2016. Once submitted, comments cannot be edited or removed from Regulations.gov. 2015, based on 2012–2014 monitoring Mary G. Ryan, data. The Atlanta Area did not attain the Deputy Administrator. The EPA may publish any comment received to its public docket. Do not 2008 8-hour ozone NAAQS by July 20, [FR Doc. 2016–10291 Filed 5–2–16; 8:45 am] submit electronically any information 2015, and therefore on April 11, 2016, BILLING CODE 4810–31–P you consider to be Confidential the EPA Administrator signed a final Business Information (CBI) or other rule reclassifying the Atlanta Area from information whose disclosure is a marginal nonattainment area to a ENVIRONMENTAL PROTECTION restricted by statute. Multimedia moderate nonattainment area for the AGENCY submissions (audio, video, etc.) must be 2008 8-hour ozone standard. A pre- accompanied by a written comment. publication version of the final rule can 40 CFR Part 52 The written comment is considered the be found at EPA’s Web site at: https:// [EPA–R04–OAR–2015–0839; FRL–9945–89– official comment and should include www.epa.gov/sites/production/files/ Region 4] discussion of all points you wish to 2016-04/documents/20160411fr.pdf. make. The EPA will generally not Moderate areas are required to attain the Determination of Attainment; Atlanta, consider comments or comment 2008 8-hour ozone NAAQS by no later Georgia; 2008 Ozone National Ambient contents located outside of the primary than July 20, 2018, six years after the Air Quality Standards submission (i.e. on the web, cloud, or effective date of the initial other file sharing system). For nonattainment designations. See 40 CFR AGENCY: Environmental Protection 51.1103. Air quality monitoring data Agency. additional submission methods, the full EPA public comment policy, from the 2013–2015 monitoring period ACTION: Proposed rule. information about CBI or multimedia show that the Atlanta Area is now attaining the 2008 8-hour ozone SUMMARY: The Environmental Protection submissions, and general guidance on making effective comments, please visit NAAQS. Agency (EPA) is proposing to determine Under the provisions of EPA’s ozone that the Atlanta, Georgia, 2008 Ozone http://www2.epa.gov/dockets/ commenting-epa-dockets. implementation rule for the 2008 8-hour National Ambient Air Quality Standard ozone NAAQS (40 CFR part 51, subpart FOR FURTHER INFORMATION CONTACT: (NAAQS) Moderate Nonattainment Area Jane AA), if EPA issues a determination that (‘‘Atlanta Area’’ or the ‘‘Area’’) has Spann, Air Regulatory Management an area is attaining the relevant attained the 2008 8-hour ozone NAAQS. Section, Air Planning and standard, also known as a Clean Data This proposed determination is based Implementation Branch, Air, Pesticides Determination, the area’s obligations to upon complete, quality-assured, and and Toxics Management Division, U.S. submit an attainment demonstration certified ambient air monitoring data Environmental Protection Agency, and associated RACM, RFP, contingency showing that the Area has monitored Region 4, 61 Forsyth Street SW., measures, and other planning SIPs attainment of the 2008 8-hour ozone Atlanta, Georgia 30303–8960. Ms. related to attainment of the 2008 8-hour NAAQS for the 2013–2015 monitoring Spann can be reached via phone at (404) ozone NAAQS are suspended until EPA: period. If EPA finalizes this proposed 562–9029 or via electronic mail at (i) Redesignates the area to attainment action, the requirement for this Area to [email protected]. for the standard or approves a submit an attainment demonstration SUPPLEMENTARY INFORMATION: redesignation substitute, at which time and associated reasonably available those requirements no longer apply; or I. Background control measures (RACM), reasonable (ii) EPA determines that the area has further progress (RFP) plans, On March 12, 2008, EPA revised both violated the standard, at which time the contingency measures, and other the primary and secondary NAAQS for area is again required to submit such planning state implementation plans ozone to a level of 0.075 parts per plans. See 40 CFR 51.1118. While these (SIPs) related to attainment of the 2008 million (ppm) (annual fourth-highest requirements are suspended, EPA is not 8-hour ozone NAAQS will be daily maximum 8-hour average precluded from acting upon these suspended until EPA redesignates the concentration, averaged over three elements at any time if submitted to Area to attainment, approves a years) to provide increased protection of EPA for review and approval. redesignation substitute, or determines public health and the environment. See An attainment determination is not that the Area has violated the 2008 8- 73 FR 16436 (March 27, 2008). The 2008 equivalent to a redesignation under hour ozone NAAQS. This proposed ozone NAAQS retains the same general section 107(d)(3) of the CAA. The attainment determination does not form and averaging time as the 0.08 designation status of the Atlanta Area constitute a redesignation to attainment. ppm NAAQS set in 1997, but is set at will remain nonattainment for the 2008
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8-hour ozone NAAQS until such time as average of the annual fourth-highest part 50, appendix P. The data must be EPA determines that the Area meets the daily maximum 8-hour average ozone collected and quality-assured in CAA requirements for redesignation to concentrations at the ozone monitor is accordance with 40 CFR part 58 and attainment, including an approved less than or equal to 0.075 ppm based recorded in the EPA Air Quality System maintenance plan, and redesignates the on complete, consecutive calendar years (AQS). Area. Additionally, the determination of of certified, quality-assured ambient air EPA has reviewed the complete, attainment is separate from, and does monitoring data. See 40 CFR 50.15; 40 quality-assured, and certified ozone not influence or otherwise affect, any CFR part 50, appendix P. This 3-year ambient air monitoring data for the future designation determination or average is referred to as the design requirements for the Atlanta Area based 2013–2015 monitoring period for the value. When the design value is less on any new or revised ozone NAAQS, Atlanta Area. The design values for each than or equal to 0.075 ppm at each and the determination of attainment monitor for this period are less than or remains in effect regardless of whether monitor within the area, then the area equal to 0.075 ppm, and all of the EPA designates this Area as a is attaining the NAAQS. Also, the data monitors meet the data completeness nonattainment area for purposes of any completeness requirement is met when requirements (see Table 1, below). new or revised ozone NAAQS. the average percent of days with valid Based on this data and consistent with ambient monitoring data is greater than the requirements contained in 40 CFR II. EPA’s Analysis or equal to 90 percent, and no single part 50, EPA has preliminarily The 2008 8-hour ozone NAAQS are year has less than 75 percent data concluded that this Area has attained met at a monitor when the 3-year completeness as determined in 40 CFR the 2008 8-hour ozone NAAQS.
TABLE 1—ATLANTA AREA 4TH HIGHEST DAILY MAXIMUM OZONE 8-HOUR AVERAGES AND 8-HOUR OZONE DESIGN VALUES FOR 2013–2015
4th Highest daily maximum value County Monitor ID Design value 2013 2014 2015 (2013–2015)
Cobb ...... 130670003 67 *63 66 *65 Coweta ...... 130770002 53 67 66 62 Dawson ...... 130850001 63 66 63 64 DeKalb ...... 130890002 62 70 71 67 Douglas ...... 130970004 63 65 70 66 Fulton ...... 131210055 69 73 77 73 Gwinnett ...... 131350002 69 68 71 69 Henry ...... 131510002 70 75 70 71 Paulding ...... 132230003 62 59 65 62 Pike ...... 132319991 64 66 68 66 Rockdale ...... 132470001 71 79 68 72 * Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction at the National Guard Depot.
The data in Table 1 are taken from IV. Statutory and Executive Order • Does not have Federalism EPA’s AQS database, available at: Reviews implications as specified in Executive https://www.epa.gov/aqs. The AQS Order 13132 (64 FR 43255, August 10, This proposed attainment report with this data is available in the 1999); determination would, if finalized, result • docket for this rulemaking. in the suspension of certain federal Is not an economically significant regulatory action based on health or III. Proposed Action requirements and would not impose any additional requirements. For that safety risks subject to Executive Order EPA is proposing to determine that reason, this proposed action: 13045 (62 FR 19885, April 23, 1997); • the Atlanta Area has attained the 2008 • Is not a ‘‘significant regulatory Is not a significant regulatory action 8-hour ozone NAAQS. This proposed action’’ subject to review by the Office subject to Executive Order 13211 (66 FR determination is based upon complete, of Management and Budget under 28355, May 22, 2001); quality assured, and certified ambient Executive Order 12866 (58 FR 51735, • Is not subject to requirements of air monitoring data showing that the October 4, 1993); section 12(d) of the National Atlanta Area has monitored attainment • Does not impose an information Technology Transfer and Advancement of the 2008 8-hour ozone NAAQS for collection burden under the provisions Act of 1995 (15 U.S.C. 272 note) because the 2013–2015 monitoring period. If of the Paperwork Reduction Act (44 application of those requirements would EPA finalizes this proposal, the U.S.C. 3501 et seq.); be inconsistent with the CAA; and • requirement for this Area to submit an • Is certified as not having a Will not have disproportionate attainment demonstration and significant economic impact on a human health or environmental effects associated RACM, a RFP plan, substantial number of small entities under Executive Order 12898 (59 FR contingency measures, and other under the Regulatory Flexibility Act (5 7629, February 16, 1994). planning SIPs related to attainment of U.S.C. 601 et seq.); In addition, this proposed rule does not the 2008 8-hour ozone NAAQS will be • Does not contain any unfunded have tribal implications as specified by suspended until EPA redesignates the mandate or significantly or uniquely Executive Order 13175 (65 FR 67249, Area to attainment, approves a affect small governments, as described November 9, 2000) and will not impose redesignation substitute, or determines in the Unfunded Mandates Reform Act substantial direct costs on tribal that the Area has violated the standard. of 1995 (Pub. L. 104–4); governments or preempt tribal law
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because it merely makes a SUMMARY: The Federal Maritime Maritime Commission, 800 North determination based on air quality data. Commission is proposing to reorganize Capitol Street NW., Washington, DC several subparts of its Rules of Practice List of Subjects in 40 CFR Part 52 20573–0001, Phone: (202) 523–5725, and Procedure and revise its rules Email: [email protected]. Environmental protection, Air regarding presentation of evidence in pollution control, Incorporation by Commission proceedings. SUPPLEMENTARY INFORMATION: The Commission is proposing to update or reference, Intergovernmental relations, DATES: Submit comments on or before reorganize several subparts of 46 CFR Ozone, Reporting and recordkeeping July 5, 2016. requirements. part 502, its Rules of Practice and ADDRESSES: You may submit comments, Authority: 42 U.S.C. 7401 et seq. Procedure, and to substantively revise identified by the docket number in the the subpart regarding how hearings are Dated: April 20, 2016. heading of this document, by any of the conducted to improve guidance following methods: Heather McTeer Toney, concerning the presentation of evidence • Email: [email protected]. Include Regional Administrator, Region 4. in Commission proceedings. Certain [FR Doc. 2016–10167 Filed 5–2–16; 8:45 am] in the subject line: ‘‘Docket No. 16–08, Commenter/Company Name.’’ current rules would also be removed to BILLING CODE 6560–50–P Comments should be attached to the clarify current practice and eliminate email as a Microsoft Word or text- duplication. searchable PDF document. Comments FEDERAL MARITIME COMMISSION Reorganization of Part 502 containing confidential information 46 CFR Part 502 should not be submitted by email. Part 502 sets out the rules governing • Mail: Karen V. Gregory, Secretary, procedure in all types of Commission [Docket No. 16–08] Federal Maritime Commission, 800 proceedings. However, after years of RIN 3072–AC64 North Capitol Street NW., Washington, revisions, some users find the grouping DC 20573–0001. and ordering of the subparts confusing. Rules of Practice and Procedure; • Docket: For access to the docket to The Commission proposes to reorder Presentation of Evidence in read background documents or and rename certain subparts to better Commission Proceedings comments received, go to: http:// reflect the chronology of a typical www.fmc.gov/16-08. AGENCY: Federal Maritime Commission. adjudication, and to distinguish other FOR FURTHER INFORMATION CONTACT: types of proceedings, as enumerated in ACTION: Notice of proposed rulemaking. Karen V. Gregory, Secretary, Federal this table:
Current 46 CFR part 502 Proposed New 46 CFR part 502 Revisions
Subpart A, General Information ...... Redesignate § 502.141 as § 502.14. Subpart E, Proceedings; Pleadings; Motions; Subpart E, Private Complaints and Commis- Separate subpart E in to subparts E and F, Replies. sion Investigations. relocate and regroup rules within both sub- parts. Subpart F, Settlement; Prehearing Procedure ... Subpart F, Petitions, Exemptions and Orders Separate subpart E in to subparts E and F, to Show Cause. relocate and regroup rules within both sub- parts. Subpart J, Hearings; Presiding Officers; Evi- Subpart L, Presentation of Evidence ...... Revise several sections and relocate all (see dence. Table below). Subpart K, Shortened Procedure ...... Subpart K [Reserved] ...... Remove subpart K in its entirety. Subpart L, Disclosures and Discovery ...... Subpart J, Disclosures and Discovery ...... Relocate and redesignate all rules to subpart J. Subpart M, Briefs; Requests for Findings; Deci- Subpart M; Decisions, Appeals, Exceptions .... Relocate § 502.153, remove § 502.222 and sions; Exceptions. retitle.
Subpart A Investigations.’’ Revised subpart E Subpart F would be revised to apply In subpart A several cross references would contain the procedures for to proceedings other than private would be corrected and current institution of those proceedings, complaints and Commission § 502.141 that establishes the motions practice, opportunity for investigations, titled: ‘‘Petitions, Commission may hold hearings that are settlement, and other related rules. Exemptions, and Orders to Show not part of an adjudicatory process, Section 502.61 which opens the subpart Cause.’’ These types of proceedings are would be moved to this subpart as would be revised by moving and generally distinct from complaint and general information and retitled. amending a rule on notice of hearings investigation proceedings. With clear from subpart J. headings, the proposed rules are Subpart D intended to be easier for the user to Cross references are corrected in Subpart F locate. Revised subpart F would subpart D. encompass current §§ 502.73 through Current subpart F addresses 502.77. Subpart E Settlement and Prehearing Procedure. Inasmuch as those subject areas are part Subparts J, and L Subpart E, currently ‘‘Proceedings, Pleading, Motions, Replies’’ would of the process in adjudicatory The Commission proposes changes to apply only to adjudications of private proceedings, they would be divided and subpart J, ‘‘Hearings; Presiding Officers; complaints and Commission moved into subpart E and a revised Evidence’’, and subpart L, ‘‘Disclosure investigations and would be renamed subpart L governing presentation of and Discovery’’ to more logically and ‘‘Private Complaints and Commission evidence. chronologically group the processes
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conducted in a formal adjudication. practice (e.g. not requiring an oral to litigants seeking faster resolution of Subpart L, Disclosure and Discovery hearing). The procedure has not resulted their disputes. The rules governing would be moved in its entirety to in an ALJ decision in recent history, as small claims proceedings are designed subpart J. Current subpart J, Hearings, the three proceedings utilizing to make the litigation process faster and would be revised to encompass all rules shortened procedure since 1998 have simpler for litigants seeking reparations governing the presentation of evidence resulted in settlement. The Commission of $50,000 or less. and presented in revised subpart L titled has made several rule revisions in the Subpart M ‘‘Presentation of Evidence.’’ The past five years that have enhanced the proposed revisions to subpart J are efficiency of formal complaint The Commission proposes to revise discussed more extensively below. proceedings including the requirement subpart M to cover only matters that for initial disclosures in discovery, occur after conclusion of the parties’ Subpart K (current § 502.201), and the presentations in proceedings (i.e., The Commission proposes to remove establishment of default rules in the decisions, appeals and exceptions). The and reserve subpart K, ‘‘Shortened absence of an answer, § 502.62(b)(6). rules concerning briefs would be moved Procedure.’’ Shortened procedure Shortened procedure rules are not into revised subpart L, ‘‘Presentation of provides that, if the respondent consistent with the requirement for Evidence.’’ However, rules governing consents, after briefing by the parties, initial disclosures, which help expedite briefs to accompany exceptions will the record is closed and a decision may all proceedings. If parties want to remain in subpart M. Current § 502.153, be issued without discovery or an oral further limit discovery, that is possible Appeal from ruling of presiding officer hearing. The procedure has rarely been without the provisions of Subpart K. other than orders or dismissal in whole requested, although parts of the Moreover the subparts S and T small or in part, would be moved into subpart procedure have become standard claims proceedings may offer a solution M as it concerns an appeal.
Subpart M current section Proposed new section Revisions
§ 502.221, Briefs; requests for findings ...... Subpart L, § 502.214, Briefs ...... Revised for clarity. § 502.222, Requests for enlargement of time for Subpart L, § 502.215 ...... Revised for clarity. filing briefs. §§ 502.223 through 502.229 ...... Text unchanged ...... § 502.230, Reopening by presiding officer or § 502.230, Reopening by Commission ...... Rule concerning supplementing evidence prior Commission. to an initial decision would be moved to § 502.216, Supplementing the record.
Subpart J, Hearings—Presentation of be revised and presented in revised clarify and simplify rules where Evidence subpart L. The proposed revisions are possible. Several rules currently in the Currently subpart J, Hearings, intended to reflect the procedures subpart would be removed in their presents the Commission’s rules on currently used by the Commission, to entirety to eliminate duplication and hearings and presentation of evidence. utilize current language and standards reflect current practice. The proposed The Commission proposes that these set by the Federal Rules of Civil revisions to subpart J are enumerated in rules governing presentation of evidence Procedure where appropriate, and to the table below:
Subpart J current section Proposed new subpart L Revisions
§ 502.141, Hearings not required by statute ...... Move to subpart A ...... Does not pertain to adjudicatory hearings. § 502.142, Hearings required by statute ...... § 502.201, Applicability and Scope ...... Revised to define ‘‘hearing’’. § 502.143, Notice of nature of hearing, jurisdic- Moved to § 502.61(c), Proceedings ...... tion and issues. § 502.144, Notice of time and place of hearing; § 502.211 ...... Regroup with other rules pertaining only to postponement of hearing. oral hearings. §§ 502.145 through 502.149 [Reserved] ...... § 502.150, Further evidence required by pre- Remove ...... Within presiding officer’s authority to regulate siding officer during hearing. a hearing in § 502.25(b)(3). § 502.151, Exceptions to rulings of presiding of- § 502.212 ...... Regroup with other rules pertaining only to ficer unnecessary. oral hearings. § 502.152, Offer of Proof ...... § 502.204(b) ...... Moved because related to admissibility. § 502.153, Appeal from ruling of presiding offi- Subpart M, §502.221 ...... Revised and moved to subpart M as it con- cer other than orders of dismissal in whole or cerns an appeal. in part. § 502.154, Rights of parties as to presentation § 502.202 ...... Revised to mirror APA. of evidence. § 502.155, Burden of proof ...... § 502.203 ...... Revised for clarity. § 502.156, Evidence admissible ...... § 502.204 ...... Revised to clarity. § 502.157, Written evidence ...... Removed ...... Within presiding officer’s authority to regulate a hearing in § 502.25(b)(3). § 502.158, Documents containing matter not Removed ...... Within presiding officer’s authority to regulate material. a hearing in § 502.25(b)(3). § 502.159 [Reserved] ...... § 502.160, Records in other proceedings ...... § 502.205 ...... § 502.161, Commission’s files ...... § 502.206, Incorporation by reference ...... Revised for clarity. § 502.162, Stipulations ...... § 502.207 ...... Revised for clarity.
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Subpart J current section Proposed new subpart L Revisions
§ 502.163, Receipt of documents after hearing Removed ...... Covered by proposed § 502.216, Supplementing the record. § 502.164, Oral argument at hearing ...... Removed ...... Within presiding officer’s authority to regulate a hearing in § 502.25(b)(3). § 502.165, Official Transcript ...... § 502.213 ...... Revised and modernized. § 502.166, Correction of transcript ...... § 502.213 ...... § 502.167, Objection to public disclosure of in- § 502.208 ...... Revised to cross reference § 502.5. formation. § 502.168, Copies of data or evidence ...... Removed ...... Covered by proposed § 502.212. § 502.169, Record of decision ...... § 502.217 ...... Revised for clarity.
Following is a more detailed comment from the public on this 547 (FMC 2008) (quoting Pacific description of each proposed rule that particular revision and the applicability Champion Express Co., Ltd.—Possible would appear in revised subpart L. of the Federal Rules of Evidence. Violations, 28 S.R.R. 1102, 1105–06 The Commission adopted the original (ALJ 1999). Given the divergence Proposed § 502.201, Applicability and language in § 502.156 in 1976, shortly between the FRE and APA standards, Scope after the FRE went into effect. 41 FR the section’s attempt to apply both Proposed § 502.201 is derived and 20585, 20588 (May 19, 1976). In the standards simultaneously creates a moved from current § 502.142 and sets 1975 notice proposing the language, the tension in the regulation and could be out the proceedings for which the rules Commission stated that the FRE could confusing to parties. in the subpart will apply. The term be of great use to the Commission’s ALJs In 1986, the Administrative hearing would be defined as ‘‘a formal in disposing of evidentiary issues that Conference of the United States (ACUS) adjudicatory proceeding in which arise in Commission proceedings, so published recommendations regarding evidence is presented orally, or through long as they were consistent with the the use of the FRE in administrative written statement, or by combination requirements of the APA. 40 FR 43295, proceedings. ACUS compared three thereof’’ to reflect the broader and more 43927 (September 24, 1975). The general categories of agency evidentiary inclusive meaning of the term in current Commission went on to assert that, as a rules. 1986 ACUS 6, 51 FR 25642. The administrative practice. general matter, the FRE did not appear category that is most analogous to Proposed § 502.202, Rights of Parties as to be inconsistent with the APA. Id. § 502.156 included ‘‘rules that require to Presentation of Evidence In the years since the Commission presiding officers to apply the [FRE] ‘so promulgated this section, however, it far as practicable.’ ’’ Id. ACUS identified Proposed § 502.202 is derived and has been generally acknowledged that four significant disadvantages with moved from current § 502.154 but there are, in fact, meaningful respect to this standard including: would be revised to reflect that the distinctions between the FRE and the presiding officer may limit introduction (1) Courts seem confused as to what it APA. Specifically, the FRE are means or how to enforce it; (2) instructing of evidence if it is ‘‘irrelevant, exclusionary in nature and were presiding officers to exclude evidence based immaterial, or unduly repetitious’’ designed for jury trials in order to allow on the standard forces them to undertake a mirroring the Administrative Procedure a presiding officer to determine what difficult and hazardous task; (3) excluding Act. evidence on the basis that it is inadmissible evidence a body of lay jurors should in a jury trial is totally unnecessary to insure Proposed § 502.203, Burden of Proof consider. See, e.g., Richard J. Pierce, Jr., that agencies act only on the basis of reliable Proposed § 502.203 is derived and 2 Admin. Law Treatise 909, Section 10, evidence; and (4) agencies, like other experts, moved from current § 502.155 and Evidence, 5th Ed. (2010). The APA, on should be permitted to rely on classes of clarifies the language to include the other hand, is founded on the evidence broader than those that can be considered by lay jurors. reference to motions for ease of principle that the presiding officer who understanding the burden of proof. is the decision maker is qualified to Id. Accordingly, ACUS recommended determine what evidence is relevant, that ‘‘Congress should not require Proposed § 502.204, Evidence probative and substantial. agencies to apply the [FRE], with or Admissible The inconsistences between the FRE without the qualification ‘so far as Currently § 502.156 states ‘‘[u]nless and APA standards were evidently not practicable,’ to limit the discretion of inconsistent with the requirements of apparent to the Commission when it presiding officers to admit evidence in the Administrative Procedure Act and adopted the language in § 502.156 in formal adjudications.’’ Id. ACUS also these Rules, the Federal Rules of 1976. The rulemaking notices and the recognized, however, the disadvantages Evidence . . . will also be applicable.’’ regulatory text reflect the assumption of relying on the APA standard alone, The proposed revision would simplify that both the APA and FRE could be and the Commission has tentatively the standard. Proposed § 502.204 would applied in most circumstances without concluded that the FRE can be useful as revise § 502.156 by restating the issue. Since promulgation of the section, a guide for litigants and presiding Administrative Procedure Act (APA) however, the Commission ‘‘has officers. Accordingly, the Commission is standard for admissibility that allows recognized the liberal standards of proposing to explicitly provide that admission of all evidence which is admissibility of evidence in presiding officers may look to the FRE relevant, material, reliable, and administrative proceedings and has for guidance when determining the probative, and not unduly repetitious or repeatedly ‘. . . identified the need for admissibility of evidence. cumulative, and by stating that the considerable relaxation of the rules of The text of current § 502.152 has been Presiding Officer may also look to the evidence followed by the federal courts modernized to clarify the procedures Federal Rules of Evidence (FRE) for in proceedings before the governing when and how to make an guidance. The Commission is Commission.’ ’’ Eurousa Shipping, Inc., offer of proof. The rule is moved into particularly interested to receive et al—Possible Violations, 31 S.R.R. 540, revised § 502.204 as paragraph (b) as a
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logical part of the rule governing Proposed §§ 502.214 and 502.215, of agency organization, procedure, or admissibility of evidence. Briefs practice; and rules for which the agency for good cause finds that notice and Proposed §§ 502.205 and 502.206, Sections 502.221 and 502.222 concerning briefs would be included in comment is impracticable, unnecessary, Documents Incorporated Into the or contrary to public interest. See 5 Record by Reference this subpart and renumbered as §§ 502.214 and 502.215. The last U.S.C. 553. Revising current § 502.160 (proposed sentence of § 502.221(a), which requires Although the Commission has elected § 502.205) allows documents in another that the period of time for filing briefs to seek public comment on its proposed Commission proceeding to be will be the same for both parties, would regulatory amendments to part 502, incorporated into the record by be removed as setting time is within the these amendments concern the reference. Proposed § 502.206 would powers of the presiding officer as Commission’s and procedures. allow material in any document on file established in recently revised § 502.25. Therefore, the APA does not require with the Commission that is also Section 502.221(c) would be deleted as publication of a notice of proposed rulemaking in this instance, and the available to the public to be it is not current practice for the Commission is not required to prepare incorporated into the record by Presiding Officer to ‘‘require the Bureau an IRFA. reference. of Enforcement to file a request for findings of fact and conclusions within Paperwork Reduction Act Proposed § 502.207, Stipulations a reasonable time prior to the filing of briefs.’’ Generally, the Commission’s The Paperwork Reduction Act of 1995 Current § 502.162 allows for Bureau of Enforcement (BOE) files the (44 U.S.C. 3501–3521) requires an stipulation. The Commission proposes first brief unless concurrent briefs are agency to seek and receive approval to move the rule to § 502.207 and to appropriate for the particular case; this from the Office of Management and revise the language of that rule for is more appropriate to address in the Budget (OMB) before collecting clarity. scheduling order issued in each information from the public. 44 U.S.C. 3507. The agency must submit Proposed § 502.208, Objection to Public particular proceeding. collections of information in proposed Disclosure of Information Proposed § 502.216, Supplementing the rules to OMB in conjunction with the Proposed § 502.208 would revise Record publication of the notice of proposed current § 502.167, Objection to public Current § 502.230(a), Motion to rulemaking. 5 CFR 1320.11. The disclosure of information. The proposed Reopen, would be renumbered, renamed Commission is not proposing any change would add a cross reference to and revised to provide instructions collections of information, as defined by § 502.5 where the Commission recently concerning submission of evidence after 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), spelled out its requirements for final presentations in a proceeding and as part of this proposed rule. submission of confidential material in a prior to issuance of an initial decision. Regulation Identifier Number final rule. 80 FR 14318 (March 19, The language of the proposed rule and 2015). the proposed heading ‘‘Supplementing The Commission assigns a regulation the record’’ is more descriptive of the identifier number (RIN) to each Proposed §§ 502.209 and 502.210, current practice before the regulatory action listed in the Unified Prehearing Conference and Statements Commission’s Administrative Law Agenda of Federal Regulatory and Judges but does not substantively revise Deregulatory Actions (Unified Agenda). Current §§ 502.94 and 502.95 would the process or rights of a party to a The Regulatory Information Service be moved from subpart E as they pertain proceeding. Center publishes the Unified Agenda in to hearings. No substantive revisions April and October of each year. You would be made to the content of these § 502.217, Record of Decision may use the RIN contained in the rules. Current § 502.169 would be moved to heading at the beginning of this Proposed §§ 502.211 Through 502.213, subpart L and the reference to ‘‘filing document to find this action in the Oral Hearings and motions’’ instead of ‘‘paper and Unified Agenda, available at http:// requests.’’ www.reginfo.gov/public/do/ Proposed §§ 502.211 through 502.213 Rulemaking Analyses and Notices eAgendaMain. would deal with oral hearings and List of Subjects in 46 CFR Part 502 would consist of the provisions found in Regulatory Flexibility Act current §§ 502.144, 502.151, and The Regulatory Flexibility Act Administrative practice and 502.165. Current § 502.165, Official (codified as amended at 5 U.S.C. 601– procedure, Archives and records, transcript, requires revision as it 612) provides that whenever an agency Business and industry, Classified currently contains a description of is required to publish a notice of information, Confidential business section 11 of the Federal Advisory proposed rulemaking under the information, Consumer protection, Committee Act (FACA) and the Office of Administrative Procedure Act (APA) (5 Freedom of information, Government in Management and Budget’s (OMB) U.S.C. 553), the agency must prepare the Sunshine Act, Government interpretation of that section, which are and make available for public comment publications, Health records, the basis for the Commission’s an initial regulatory flexibility analysis Information, Newspapers and regulations with respect to obtaining (IRFA) describing the impact of the magazines, Paperwork requirements, copies of transcripts. In order to proposed rule on small entities. 5 U.S.C. Printing, publications, Privacy, Public simplify these provisions, the 603. An agency is not required to meetings, Record retention, Records, Commission is proposing to include in publish an IRFA, however, for the Reporting and recordkeeping the new § 502.213 only the relevant following types of rules, which are requirements, Trade names, Trade requirements and to delete the excluded from the APA’s notice-and- practices. aforementioned references to FACA and comment requirement: Interpretative For the reasons stated in the OMB’s interpretation. rules; general statements of policy; rules preamble, the Federal Maritime
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Commission proposes to amend 46 CFR enforcement action under § 502.63), or a objection of any party in any hearing on part 502 as follows: non-adjudicatory investigation upon the matter. petition or on its own initiative by (d) As soon as practicable after the PART 502—RULES OF PRACTICE AND issuing an appropriate order. commencement of any proceeding, the PROCEDURE (c) Persons entitled to notice of presiding officer will direct the parties hearings, except those notified by or their representatives to consider the ■ 1. The authority citation for part 502 complaint service under § 502.113, will use of alternative dispute resolution, continues to read as follows: be duly and timely informed of the including but not limited to mediation, Authority: 5 U.S.C. 504, 551, 552, 553, nature of the proceeding, the legal and may direct the parties or their 556(c), 559, 561–569, 571–596, 18 U.S.C. 207; authority and jurisdiction under which representatives to consult with the 28 U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. the proceeding is conducted, and the Federal Maritime Commission 305, 40103–40104, 40304, 40306, 40501– terms, substance, and issues involved, Alternative Dispute Resolution 40503, 40701–40706, 41101–41109, 41301– or the matters of fact and law asserted, Specialist about the feasibility of 41309, 44101–44106; E.O. 11222 of May 8, alternative dispute resolution. 1965. as the case may be. Such notice will be published in the Federal Register unless (e) Any party may request that a § 502.5 [Amended] all persons subject thereto are named mediator or other neutral be appointed ■ 2. Amend § 502.5: and either are served or otherwise have to assist the parties in reaching a ■ a. In the introductory text, by notice thereof in accordance with law. settlement. If such a request or suggestion is made and is not opposed, removing the phrase ‘‘502.167, * * * * * 502.201(j)(1)(vii)’’ and adding in its the presiding officer will appoint a place the phrase ‘‘502.141(j)(1)(vii), § 502.69 [Amended] mediator or other neutral who is 502.208’’, and by removing the reference ■ 9. Amend § 502.69(f) by removing acceptable to all parties, coordinating ‘‘§ 502.201(j)’’ and adding in its place ‘‘shortened procedure (subpart K of this with the Federal Maritime Commission the reference ‘‘§ 502.141(j)’’; and part)’’ and removing the citation Alternative Dispute Resolution ■ b. In paragraph (b) by removing the ‘‘§ 502.221’’ and adding in its place the Specialist. The mediator or other neutral reference ‘‘§ 502.201(j)(1)(vii)’’ and citation ‘‘§ 502.214’’. will convene and conduct one or more adding in its place the reference mediation or other sessions with the ‘‘§ 502.141(j)(1)(vii)’’. Subpart F—Petitions, Exemptions, and parties and will inform the presiding Orders To Show Cause officer, within the time prescribed by § 502.6 [Amended] the presiding officer, whether the ■ 10. Revise the subpart F heading to ■ 3. Amend § 502.6(c) by removing the dispute resolution proceeding resulted read as set forth above. phrase ‘‘§ 502.203 or § 502.204’’ and in a resolution or not, and may make adding in its place the phrase §§ 502.91 through 502.95 [Removed] recommendations as to future proceedings. If settlement is reached, it ‘‘§ 502.143 or § 502.144’’. ■ 11. Remove §§ 502.91 through 502.95. will be submitted to the presiding § 501.10 [Amended] §§ 502.73 through 502.77 [Redesignated as officer who will issue an appropriate ■ 4. Amend § 502.10 by removing the §§ 502.91 through 502.95] decision or ruling. All such dispute reference ‘‘502.153’’ and adding in its ■ 12. Redesignate §§ 502.73 through resolution proceedings are subject to the place the reference ‘‘502.221’’. 502.77 as §§ 502.91 through 502.95, provisions of subpart U of this part. respectively, and place them under (f) Any party may request that a Subpart D—Rulemaking subpart F. settlement judge be appointed to assist the parties in reaching a settlement. If § 502.52 [Amended] §§ 502.78 and 502.79 [Redesignated as such a request or suggestion is made ■ 5. Amend § 502.52 by removing the §§ 502.73 and 502.74] and is not opposed, the presiding officer citation ‘‘§ 502.143’’ and adding in its ■ 13. Redesignate §§ 502.78 and 502.79 will advise the Chief Administrative place the citation ‘‘§ 502.61(c)’’. as §§ 502.73 and 502.74, respectively, in Law Judge who may appoint a § 502.53 [Amended] subpart E. settlement judge who is acceptable to all ■ 14. Add a new § 502.75 to subpart E ■ 6. Amend § 502.53(a) by removing the parties. The settlement judge will to read as follows: reference ‘‘subpart J’’ and adding in its convene and preside over conferences and settlement negotiations and will place the reference ‘‘subpart L’’. § 502.75 Opportunity for informal settlement. report to the presiding officer within the time prescribed by the Chief Subpart E—Private Complaints and (a) Parties are encouraged to make use Commission Investigations Administrative Law Judge, on the of all the procedures of this part that are results of settlement discussions with ■ 7. Revise the subpart E heading to designed to simplify or avoid formal appropriate recommendations as to read as set forth above. litigation, and to assist the parties in future proceedings. If settlement is ■ 8. Amend § 502.61 by removing the reaching settlements whenever it reached, it must be submitted to the words ‘‘under normal or shortened appears that a particular procedure presiding officer who will issue an procedures (subpart K)’’ and the last would be helpful. appropriate decision or ruling. [Rule sentence from paragraph (a); (b) Where time, the nature of the 75.] redesignating paragraph (b) as paragraph proceeding, and the public interest ■ 15. Revise the newly redesignated (d) and adding a new paragraph (b) and permit, all interested parties will have § 502.91 to read as follows: paragraph (c) to read as follows: the opportunity for the submission and consideration of facts, argument, offers § 502.91 Order to show cause. § 502.61 Proceedings. of settlement, or proposal of adjustment, The Commission may institute a * * * * * without prejudice to the rights of the proceeding by order to show cause. The (b) The Commission may commence a parties. order will be served upon all persons proceeding for a rulemaking, for an (c) No settlement offer, or proposal named therein, will include the adjudication (including Commission will be admissible in evidence over the information specified in § 502.221, will
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require the person named therein to adding in its place the citation § 502.149 [Amended] answer, and may require such person to ‘‘§ 502.143(b)(5)(i)(A)’’; ■ 31. Amend newly redesignated appear at a specified time and place and ■ f. In paragraph (c)(1) by removing the § 502.149: present evidence upon the matters citation ‘‘§ 502.154’’ and adding in its ■ a. In paragraph (a)(1)(iii) by removing specified. [Rule 91.] place the citation ‘‘§ 502.202’’ and by the citation ‘‘§ 502.209(a)(2) through removing the citation ‘‘§ 502.203(b)(3)’’ (7)’’ and adding in its place the Exhibit No. 1 to Subpart F of Part 502 and adding in its place the citation citation‘‘§ 502.149(a)(2) through (7)’’; [Removed] ‘‘§ 502.143(b)(3)’’; ■ b. In paragraph (a)(2) by removing the ■ 16. Remove heading, ‘‘Exhibit No. 1 to ■ g. In paragraph (c)(2) by removing the citation ‘‘§ 502.156 of subpart J’’ and Subpart F of Part 502’’. citation ‘‘§ 502.203(d)(2)’’ and adding in adding in its place the citation its place the citation ‘‘§ 502.143(d)(2)’’; ‘‘§ 502.204 of subpart L’’; Subpart H—Service of Documents ■ h. In paragraph (d)(1) by removing the ■ c. In paragraph (a)(3) by removing the citation ‘‘§ 502.201(e)(2)’’ and adding in phrase ‘‘§ 502.203(b)(6) or § 502.114 [Amended] § 502.204(a)(4)’’ and adding in its place ■ its place the citation ‘‘§ 502.141(e)’’; 17. Amend § 502.114(a) by removing ■ the phrase ‘‘§ 502.143(b)(6) or the citation ‘‘§ 502.145’’ and adding in i. In paragraph (d)(2)(ii) by removing the citation ‘‘§ 502.201(j)’’ and adding in § 502.144(a)(4); its place the citation ‘‘§ 502.131’’. ■ its place the citation ‘‘§ 502.141(j)’’; and d. In paragraph (a)(7) by removing the § 502.118 [Removed] ■ j. In paragraph (e)(2) by removing the citation ‘‘§ 502.156 of subpart J’’ and adding in its place the citation ■ 18. Remove § 502.118. citation ‘‘§ 502.203(f)(1)’’ and adding in its place the citation ‘‘§ 502.143(f)(1)’’. ‘‘§ 502.204 of subpart L’’; Subpart I—Subpoenas ■ e. In paragraph (b) by removing the § 502.144 [Amended] phrase ‘‘§ 502.202(b) and § 502.132 [Amended] ■ 26. Amend newly redesignated § 502.209(d)(3)’’ and adding in its place ■ 19. Amend § 502.132(c) by removing § 502.144: the phrase ‘‘§ 502.142(b) and the citation ‘‘§ 502.203’’ and adding in ■ a. In paragraph (a)(2)(i) by removing § 502.149(d)(3)’’; and ■ its place the citation ‘‘§ 502.143’’. the citation‘‘§ 502.203’’ and adding in f. In paragraph (d)(3)(iii) by removing its place the citation ‘‘§ 502.143’’; the citation ‘‘§ 502.204’’ and adding in § 502.136 [Amended] its place the citation ‘‘§ 502.144’’. ■ 20. Amend § 502.136 by removing the ■ b. In paragraph (1)(4) by removing the citation ‘‘§ 502.210(b)’’ and adding in its citation ‘‘§ 502.203(b)(6)’’ and adding in § 502.150 [Amended] place the citation ‘‘§ 502.150(b)’’. its place the citation ‘‘§ 502.143(b)(6)’’. ■ 32. Amend newly redesignated § 502.145 [Amended] § 502.150(a)(1) by removing the citation Subpart J—Disclosures and Discovery ‘‘§ 502.201’’ and adding in its place the ■ 27. Amend newly redesignated ■ 21. Revise the subpart J heading to citation ‘‘§ 502.141’’ and by removing § 502.145: the citation ‘‘§ 502.206’’ and adding in read as set forth above. ■ a. In paragraph (a)(1) by removing the ■ 22. Redesignate § 502.141 as § 502.14, its place the citation ‘‘§ 502.146’’. citation ‘‘§ 502.201(e)(2)’’ and adding in place it under subpart A, and revise the its place the citation ‘‘§ 502.141(e)(2)’’; §§ 502.151 through 502.169 [Removed and section heading to read as follows: ■ b. In paragraph (a)(2) by removing the reserved] § 502.14 Public hearings. citation ‘‘§ 502.201(e) and (f)’’ and ■ 33. Remove and reserve §§ 502.151 * * * * * adding in its place the citation through 502.169. ‘‘§ 502.141(e) and (f)’’ ; and §§ 502.142 through 502.150 [Removed] ■ c. In paragraph (b)(2) by removing the Subpart K [Removed and reserved] ■ 23. Remove §§ 502.142 through citation ‘‘§ 502.201(l)’’ and adding in its ■ 34. Remove and reserve subpart K, 502.150. place the citation ‘‘§ 502.141(l)’’. consisting of §§ 502.181 through §§ 502.201 through 502.210 [Redesignated § 502.146 [Amended] 502.187. as §§ 502.141 through 502.150] ■ 35. Revise subpart L to read as ■ 28. Amend newly redesignated ■ follows: 24. Redesignate §§ 502.201 through § 502.146: 502.210 as §§ 502.141 through 502.150, ■ a. In paragraph (a) by removing the respectively, and place them under Subpart L—Presentation of Evidence citation ‘‘§ 502.201(e) and (f)’’ and subpart J. adding in its place the citation Sec. 502.201 Applicability and scope. § 502.143 [Amended] ‘‘§ 502.141(e) and (f)’’; and 502.202 Right of parties to present ■ ■ 25. Amend newly redesignated b. In paragraph (b)(2) by removing the evidence. § 502.143: citation ‘‘§ 502.201(l)’’ and adding in its 502.203 Burden of proof. ■ a. In paragraph (a)(1) by removing the place the citation ‘‘§ 502.141(l)’’. 502.204 Evidence admissible. citation ‘‘§ 502.203(a)(2)’’ and adding in 502.205 Records in other proceedings. § 502.147 [Amended] its place the citation ‘‘§ 502.143(a)(2); 502.206 Documents incorporated into the ■ b. In paragraph (a)(2)(i) by removing ■ 29. Amend newly redesignated record by reference. the citation ‘‘§ 502.204’’ and adding in § 502.147(a)(3) by removing the citation 502.207 Stipulations. its place the citation ‘‘§ 502.144’’; ‘‘§ 502.201(l)’’ and adding in its place 502.208 Objection to public disclosure of ■ c. In paragraph (b)(2) by removing the the citation ‘‘§ 502.141(l)’’. information. citation ‘‘§ 502.206’’ and adding in its 502.209 Prehearing conference. § 502.148 [Amended] 502.210 Prehearing statements. place the citation ‘‘§ 502.146’’; 502.211 Notice of time and place of oral ■ ■ d. In paragraph (b)(5)(i) by removing 30. Amend newly redesignated hearing; postponement of hearing. the citation ‘‘§ 502.202’’ and adding in § 502.148(a) by removing the citation 502.212 Exceptions to rulings of presiding its place the citation‘‘§ 502.142’’; ‘‘§§ 502.202 through 502.207’’ and officer unnecessary. ■ e. In paragraph (b)(5)(ii) by removing adding in its place the citation 502.213 Official transcript. the citation ‘‘§ 502.203(b)(5)(i)(A)’’ and ‘‘§§ 502.142 through 502.147’’. 502.214 Briefs; requests for findings.
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502.215 Requests for enlargement of time discretion of the presiding officer, § 502.209 Prehearing conference. for filing briefs. testimony of the witness. If the ruling (a)(1) Prior to any hearing, the 502.216 Supplementing the record. excludes documentary evidence or Commission or presiding officer may 502.217 Record of decision. reference to documents or records, the direct all interested parties, by written § 502.201 Applicability and scope. evidence shall be marked for notice, to attend one or more prehearing (a) The rules in this subpart apply to identification and will constitute the conferences for the purpose of adjudicatory proceedings conducted offer of proof. [Rule 204.] considering any settlement under § 502.91, formulating the issues in the under the statutes administered by the § 502.205 Records in other proceedings. Commission involving matters which proceeding and determining other require determination after notice and Portions of the record of other matters to aid in its disposition. In opportunity for hearing. Adjudicatory proceedings may be received in addition to any offers of settlement or proceedings are formal proceedings evidence. A true copy of such portion proposals of adjustment, the following commenced upon the filing of a sworn must be presented for the record in the may be considered: complaint or by Order of the form of an exhibit unless the presiding (i) Simplification of the issues; Commission. Such proceedings will be officer accepts the parties’ stipulation (ii) The necessity or desirability of conducted pursuant to the that such portion may be incorporated amendments to the pleadings; Administrative Procedure Act, 5 U.S.C. by reference. [Rule 205.] (iii) The possibility of obtaining 554, and the rules in this subpart. admissions of fact and of documents § 502.206 Documents incorporated into that will avoid unnecessary proof; (b) The term hearing means a formal the record by reference. adjudicatory proceeding in which (iv) Limitation of the number of evidence is presented orally, or through Any matter contained in a document witnesses; written statements, or by combination on file with the Commission that is (v) The procedure to be used at the thereof. The term oral hearing means a available to the public may be received hearing; (vi) The distribution to the parties hearing at which evidence is presented in evidence through incorporation by prior to the hearing of written testimony through oral testimony of a witness. reference without producing such and exhibits; [Rule 201]. document, provided that the matter so offered is specified in such manner as (vii) Consolidation of the examination § 502.202 Right of parties to present to be clearly identified, with sufficient of witnesses by counsel; evidence. particularity, and readily located (viii) Such other matters as may aid in Every party has the right to present its electronically. [Rule 206.] the disposition of the proceeding. case or defense by oral or documentary (2) Prior to the hearing, the presiding evidence, to submit rebuttal evidence, § 502.207 Stipulations. officer may require, exchange of exhibits and to conduct such cross-examination The parties may, and are encouraged, and any other material that may as may be required for a full and true to stipulate any facts involved in the expedite the hearing. The presiding disclosure of the facts. The presiding proceeding and include them in the officer will assume the responsibility of officer, however, has the right and duty record with the consent of the presiding accomplishing the purposes of the to limit the introduction of evidence officer. A stipulation may be admitted notice of prehearing conference so far as and the examination and cross- even if all parties do not agree, provided this may be possible without prejudice examination of witnesses when, in his that any party who does not agree to the to the rights of any party. or her judgment, such evidence or stipulation has the right to cross- (3) The presiding officer will rule examination is irrelevant, immaterial, or examine and offer rebuttal evidence. upon all matters presented for decision, unduly repetitious. [Rule 202.] [Rule 207.] orally upon the record when feasible, or by subsequent ruling in writing. If a § 502.203 Burden of proof. § 502.208 Objection to public disclosure of party determines that a ruling made In all cases governed by the information. orally does not cover fully the issue requirements of the Administrative (a) If any party wishes to present presented, or is unclear, such party may Procedure Act, 5 U.S.C. 556(d), the confidential information or upon petition for a further ruling within ten burden of proof is on the proponent of objection to public disclosure of any (10) days after receipt of the transcript. the motion or the order. [Rule 203.] information sought to be elicited, the (b) In any proceeding under the rules in this part, the presiding officer may § 502.204 Evidence admissible. requirements and procedures in § 502.5 will apply. call the parties together for an informal (a) In any proceeding under the rules conference prior to the taking of (b) In an oral hearing, the presiding in this part and in accordance with the testimony, or may recess the hearing for officer may in his or her discretion order Administrative Procedure Act, all such a conference, with a view to that a witness will disclose such evidence which is relevant, material, carrying out the purposes of this information only in the presence of the reliable and probative, and not unduly section. parties and those designated and repetitious or cumulative, will be (c) At any prehearing conference, authorized by the presiding officer. Any admissible. All other evidence will be consideration may be given to whether transcript of such testimony will be held excluded. The Presiding Officer may the use of alternative dispute resolution confidential to the extent the presiding look to the Federal Rules of Evidence for would be appropriate or useful for the officer determines. Copies of transcripts guidance. disposition of the proceeding whether will be served only to authorized parties (b) A party who objects to a ruling of or not there has been previous or their representatives or other parties the presiding officer rejecting or consideration of such use. [Rule 209.] excluding proffered evidence may make as the presiding officer may designate. an offer of proof. If the ruling excludes (c) Any information given pursuant to § 502.210 Prehearing statements. proffered oral testimony, an offer of this section may be used by the (a) Unless a waiver is granted by the proof may consist of a statement by presiding officer or the Commission if presiding officer, it is the duty of all counsel of the substance of the evidence deemed necessary to a correct decision parties to a proceeding to prepare a that would be adduced, or in the in the proceeding. [Rule 208.] statement or statements at a time and in
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the manner to be established by the has been issued may be changed when powers of the presiding officer, as presiding officer provided that there has warranted. Reasonable notice will be defined in § 502.25(a). been reasonable opportunity for given to the parties or their (c) Motions made at the hearing to discovery. To the extent possible, joint representatives of the time and place of correct the transcript will be acted upon statements should be prepared. the change thereof, due regard being had by the presiding officer. Motions made (b) The prehearing statement must for the public interest and the after an oral hearing to correct the state the name of the party or parties on convenience and necessity of the parties record must be filed with the presiding whose behalf it is presented and briefly or their representatives. Notice may be officer within twenty-five (25) days after set forth the following matters, unless served by mail, facsimile transmission, the last day of hearing or any session otherwise ordered by the presiding or electronic mail. thereof, unless otherwise directed by the officer: (b) Motions for postponement of any presiding officer, and must be served on (1) Issues involved in the proceeding. hearing date must be filed in accordance all parties. If no objections are received (2) Facts stipulated pursuant to the with § 502.104. [Rule 211.] within ten (10) days after date of procedures together with a statement service, the transcript will, upon that the party or parties have § 502.212 Exceptions to rulings of approval of the presiding officer, be communicated or conferred in a good presiding officer unnecessary. changed to reflect such corrections. If faith effort to reach stipulation to the A formal exception to a ruling or objections are received, the motion will fullest extent possible. order is unnecessary. When the ruling be acted upon with due consideration of (3) Facts in dispute. or order is requested or made, the party the stenographic record of the hearing. (4) Witnesses and exhibits by which doing so need only state the action that [Rule 213.] disputed facts will be litigated. it wants the presiding officer to take or (5) A brief statement of applicable that it objects to, along with the grounds § 502.214 Briefs; requests for findings. law. for the request or objection. Failing to (a) The presiding officer will (6) The conclusion to be drawn. object does not prejudice a party who determine the time and manner of filing (7) Suggested time and location of had no opportunity to do so when the briefs and any enlargement of time. hearing and estimated time required for ruling or order was made. [Rule 212.] (b) Briefs will be served upon all presentation of the party’s or parties’ parties pursuant to subpart H of this case. § 502.213 Official transcript. part. (8) Any appropriate comments, (a) The Commission will designate the (c) Unless otherwise ordered by the suggestions, or information which might official reporter for all hearings. The presiding officer, opening or initial assist the parties in preparing for the official transcript of testimony taken, briefs must contain the following hearing or otherwise aid in the together with any exhibits and any matters in separately captioned sections: disposition of the proceeding. briefs or memoranda of law filed (1) Introductory section describing the (c) The presiding officer may, for good therewith, will be filed with the nature and background of the case; cause shown, permit a party to Commission. Transcripts of testimony (2) Proposed findings of fact in introduce facts or argue points of law will be available in any proceeding serially numbered paragraphs with outside the scope of the facts and law under the rules in this part, at actual reference to exhibit numbers and pages outlined in the prehearing statement. cost of duplication. of the transcript; Failure to file a prehearing statement, (b)(1) Where the Commission does not (3) Argument based upon principles unless waiver has been granted by the request daily copy service, any party of law with appropriate citations of the presiding officer, may result in requesting such service must bear the authorities relied upon; and dismissal of a party from the incremental cost of transcription above (4) Conclusions. proceeding, dismissal of a complaint, the regular copy transcription cost borne (d) All briefs must contain a subject judgment against respondents, or by the Commission, in addition to the index or table of contents with page imposition of such other sanctions as actual cost of duplication. Where the references and a list of authorities cited. may be appropriate under the party applies for and properly shows (e) All briefs filed pursuant to this circumstances. that the furnishing of daily copy is section must ordinarily be limited to (d) Following the submission of indispensable to the protection of a vital eighty (80) pages in length, exclusive of prehearing statements, the presiding right or interest in achieving a fair pages containing the table of contents, officer may, upon motion or otherwise, hearing, the presiding officer in the table of authorities, and certificate of convene a prehearing conference for the proceeding in which the application is service, unless the presiding officer purpose of further narrowing issues and made will order that daily copy service allows the parties to exceed this limit limiting the scope of the hearing if, in be provided the applying party at the for good cause shown and upon his or her opinion, the prehearing actual cost of duplication, with the full application filed not later than seven (7) statements indicate lack of dispute of cost of transcription being borne by the days before the time fixed for filing of material fact not previously Commission. such a brief or reply. [Rule 214.] acknowledged by the parties or lack of legitimate need for cross-examination (2) In the event a request for daily § 502.215 Requests for enlargement of and is authorized to issue appropriate copy is denied by the presiding officer, time for filing briefs. orders consistent with the purposes the requesting party, in order to obtain Requests for enlargement of time to stated in this section. [Rule 210.] daily copy, must pay the cost of file briefs must conform to the transcription over and above that borne requirements of § 502.102. [Rule 215.] § 502.211 Notice of time and place of oral by the Commission, i.e., the incremental hearing; postponement of hearing. cost between that paid by the § 502.216 Supplementing the record. (a) The notice of an oral hearing will Commission when it requests regular A motion to supplement the record, designate the time and place the person copy and when it requests daily copy. pursuant to § 502.69, should be filed if or persons who will preside, and the The decision of the presiding officer in submission of evidence is desired after type of decision to be issued. The date this situation is interpreted as falling the parties’ presentation in a or place of a hearing for which notice within the scope of the functions and proceeding, but before issuance by the
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presiding officer of an initial decision. (b) Any party seeking to appeal must officer, or in a matter otherwise pending [Rule 216.] file a motion for leave to appeal no later before the Commission, but before than fifteen (15) days after written issuance of a Commission decision, the § 502.217 Record of decision. service or oral notice of the ruling in Commission may, after petition and The transcript of testimony and question, unless the presiding officer, reply in conformity with paragraphs (b) exhibits, together with all filings and for good cause shown, enlarges or and (c) of this section, or upon its own motions filed in the proceeding, will shortens the time. Any such motion motion, reopen a proceeding for the constitute the exclusive record for must contain the grounds for leave to purpose of taking further evidence. decision. [Rule 217.] appeal and the appeal itself. (b) Motion to reopen. A motion to (c) Replies to the motion for leave to reopen shall be served in conformity Subpart M—Decisions; Appeals; appeal and the appeal may be filed with the requirements of subpart H and Exceptions within fifteen (15) days after date of will set forth the grounds requiring service thereof, unless the presiding reopening of the proceeding, including ■ 36. Revise the subpart M heading to officer, for good cause shown, enlarges material changes of fact or law alleged read as set forth above. or shortens the time. If the motion is to have occurred. ■ 37. Revise § 502.221 to read as granted, the presiding officer must follows: certify the appeal to the Commission. (c) Reply. Within ten (10) days (d) Unless otherwise provided, the following service of a motion to reopen, § 502.221 Appeal from ruling of presiding certification of the appeal will not any party may reply to such motion. officer other than orders of dismissal in operate as a stay of the proceeding (d) Remand by the Commission. whole or in part. before the presiding officer. Nothing contained in this rule precludes (a) Rulings of the presiding officer (e) The provisions of § 502.10 do not the Commission from remanding a may not be appealed prior to or during apply to this section. [Rule 221.] proceeding to the presiding officer for the course of the hearing, or subsequent § 502.222 [Removed and reserved] the taking of addition evidence or thereto, if the proceeding is still before ■ 38. Remove and reserve § 502.222. determining points of law. [Rule 230.] him or her, except where the presiding ■ 39. Revise § 502.230 to read as By the Commission. officer finds it necessary to allow an follows: appeal to the Commission to prevent Karen V. Gregory, substantial delay, expense, or detriment § 502.230 Reopening by Commission. Secretary. to the public interest, or undue (a) Reopening by the Commission. [FR Doc. 2016–09759 Filed 5–2–16; 8:45 am] prejudice to a party. After an initial decision by the presiding BILLING CODE 6731–AA–P
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Notices Federal Register Vol. 81, No. 85
Tuesday, May 3, 2016
This section of the FEDERAL REGISTER (TDD) may call the Federal Information DEPARTMENT OF COMMERCE contains documents other than rules or Relay Service (FIRS) at 1–800–877–8339 proposed rules that are applicable to the between 8:00 a.m. and 8:00 p.m., National Oceanic and Atmospheric public. Notices of hearings and investigations, Eastern Standard Time, Monday Administration committee meetings, agency decisions and through Friday. rulings, delegations of authority, filing of Submission for OMB Review; petitions and applications and agency SUPPLEMENTARY INFORMATION: The Comment Request statements of organization and functions are purpose of the meeting is to provide: examples of documents appearing in this The Department of Commerce will section. (1) Annual Ethics Training; submit to the Office of Management and (2) Recreation Facility Working Group Budget (OMB) for clearance the update; DEPARTMENT OF AGRICULTURE following proposal for collection of (3) Black Hills Resilient Landscapes information under the provisions of the Forest Service Project update; Paperwork Reduction Act (44 U.S.C. Chapter 35). (4) Motorized Trails and Permit Fees Black Hills National Forest Advisory 2017; Agency: National Oceanic and Board Atmospheric Administration (NOAA). (5) Sturgis Trail Proposal; and AGENCY: Forest Service, USDA. Title: Fisheries Certificate of Origin. (6) Non-Motorized Trails (Mountain ACTION: Notice of meeting. OMB Control Number: 0648–0335. Bike Trails). Form Number(s): NOAA 370. SUMMARY: The Black Hills National The meeting is open to the public. Type of Request: Regular (extension of Forest Advisory Board (Board) will meet The agenda will include time for people a currently approved information in Rapid City, South Dakota. The Board to make oral statements of three minutes collection). is established consistent with the or less. Individuals wishing to make an Federal Advisory Committee Act of oral statement should submit a request Number of Respondents: 430. 1972 (5 U.S.C. App. II), the Forest and in writing by May 9, 2016, to be Average Hours per Response: 25 Rangeland Renewable Resources scheduled on the agenda. Anyone who minutes. Planning Act of 1974 (16 U.S.C. 1600 et would like to bring related matters to Burden Hours: 5,417. seq.), the National Forest Management Act of 1976 (16 U.S.C. 1612), and the the attention of the Board may file Needs and Uses: This request is for an Federal Public Lands Recreation written statements with the Board’s staff extension of a current information Enhancement Act (Pub. L. 108–447). before or after the meeting. Written collection. Board information can be found at the comments and time requests for oral The information required by the following Web site: http:// comments must be sent to Scott International Dolphin Conservation www.fs.usda.gov/main/blackhills/ Jacobson, Black Hills National Forest Program Act, amendment to the Marine workingtogether/advisorycommittees. Supervisor’s Office, 1019 North Fifth Mammal Protection Act, is needed to: DATES: The meeting will be held on Street, Custer, South Dakota 57730; by (1) Document the dolphin-safe status of Wednesday, May 18, 2016, at 1:00 p.m. email to [email protected], or via tuna import shipments; (2) verify that All meetings are subject to facsimile to 605–673–9208. import shipments of fish were not cancellation. For updated status of Meeting Accommodations: If you are harvested by large scale, high seas meeting prior to attendance, please a person requiring reasonable driftnets; and (3) verify that tuna was contact the person listed under FOR accommodation, please make requests not harvested by an embargoed nation FURTHER INFORMATION CONTACT. in advance for sign language or one that is otherwise prohibited from ADDRESSES: The meeting will be held at interpreting, assistive listening devices, exporting tuna to the United States. Forms are submitted by importers and the Mystic Ranger District, 8221 South or other reasonable accommodation for processors. Highway 16, Rapid City, South Dakota. access to the facility or proceedings by Written comments may be submitted contacting the person listed in the Affected Public: Business or other for- as described under SUPPLEMENTARY section titled FOR FURTHER INFORMATION profit organizations. INFORMATION. All comments, including CONTACT. All reasonable Frequency: On occasion. names and addresses, when provided, are placed in the record and available accommodation requests are managed Respondent’s Obligation: Mandatory. for public inspection and copying. The on a case by case basis. This information collection request public may inspect comments received Dated: April 28, 2016. may be viewed at reginfo.gov. Follow at the Black Hills National Forest Jerry Krueger, the instructions to view Department of Commerce collections currently under Supervisor’s Office. Please call ahead to Deputy Forest Supervisor. facilitate entry into the building. review by OMB. [FR Doc. 2016–10283 Filed 5–2–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Written comments and BILLING CODE 3411–15–P Scott Jacobson, Board Coordinator, by recommendations for the proposed phone at 605–440–1409 or by email at information collection should be sent [email protected]. within 30 days of publication of this Individuals who use notice to OIRA_Submission@ telecommunication devices for the deaf omb.eop.gov or fax to (202) 395–5806.
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Dated: April 27, 2016. Systems.’’ 1 The Presidential publication/2015/multistakeholder- Sarah Brabson, Memorandum establishes a ‘‘multi- process-unmanned-aircraft-systems, for NOAA PRA Clearance Officer. stakeholder engagement process to the most current information. [FR Doc. 2016–10249 Filed 5–2–16; 8:45 am] develop and communicate best practices Other Information: The meeting is open to the public and the press. The BILLING CODE 3510–22–P for privacy, accountability, and transparency issues regarding meeting is physically accessible to commercial and private UAS use in the people with disabilities. Requests for DEPARTMENT OF COMMERCE NAS.’’ 2 The process includes sign language interpretation or other stakeholders from industry, civil auxiliary aids should be directed to National Telecommunications and society, and academia, and will be Travis Hall at (202) 482–3522 or Information Administration initiated by the Department of [email protected] at least seven (7) Commerce, through NTIA, and in business days prior to the meeting. The Multistakeholder Process To Develop consultation with other interested meeting will also be live webcast. Best Practices for Privacy, agencies. On August 3, 2015, NTIA Requests for real-time captioning of the Transparency, and Accountability convened the first meeting of the webcast should be directed to Travis Regarding Commercial and Private multistakeholder process, followed by Hall at (202) 482–3522 or Use of Unmanned Aircraft Systems additional meetings through February [email protected] at least seven (7) 2016. business days prior to the meeting. AGENCY: National Telecommunications Matters to Be Considered: The May There will be an opportunity for and Information Administration, U.S. 18, 2016 meeting is a continuation of a stakeholders viewing the webcast to Department of Commerce. series of NTIA-convened participate remotely in the meeting ACTION: Notice of open meeting. multistakeholder discussions through a moderated conference bridge, concerning privacy, transparency, and including polling functionality. Access SUMMARY: The National accountability issues regarding details for the meeting are subject to Telecommunications and Information commercial and private use of UAS. change. Please refer to NTIA’s Web site, Administration (NTIA) will convene a Additional meetings may be scheduled https://www.ntia.doc.gov/other- meeting of a multistakeholder process as needed. Stakeholders will engage in publication/2015/multistakeholder- concerning privacy, transparency, and an open, transparent, consensus-driven process-unmanned-aircraft-systems, for accountability issues regarding process to develop best practices for the most current information. commercial and private use of privacy, accountability, and Dated: April 28, 2016. unmanned aircraft systems on May 18, transparency issues regarding 2016. Kathy D. Smith, commercial and private UAS use in the Chief Counsel, National Telecommunications DATES: The meeting will be held on May NAS. The May 18, 2016 meeting will and Information Administration. 18, 2016 from 2:00 p.m. to 5:00 p.m., build on stakeholders’ previous work. [FR Doc. 2016–10359 Filed 5–2–16; 8:45 am] Eastern Time. See SUPPLEMENTARY More information about stakeholders’ BILLING CODE 3510–60–P INFORMATION for details. work is available at: https:// ADDRESSES: The meeting will be held in www.ntia.doc.gov/other-publication/ the Boardroom at the American Institute 2015/multistakeholder-process- DEPARTMENT OF COMMERCE of Architects, 1735 New York Avenue unmanned-aircraft-systems. NW., Washington, DC 20006. Time and Date: NTIA will convene a National Telecommunications and meeting of the multistakeholder process Information Administration FOR FURTHER INFORMATION CONTACT: regarding unmanned aircraft systems on Travis Hall, National May 18, 2016 from 2:00 p.m. to 5:00 Digital Economy Board of Advisors Telecommunications and Information p.m., Eastern Time. The meeting date Meeting Administration, U.S. Department of and time are subject to change. The AGENCY: National Telecommunications Commerce, 1401 Constitution Avenue meeting is subject to cancellation if NW., Room 4725, Washington, DC and Information Administration, U.S. stakeholders complete their work Department of Commerce. 20230; telephone (202) 482–3522; email developing best practices. Please refer to ACTION: Notice of open meeting. [email protected]. Please direct media NTIA’s Web site, https:// inquiries to NTIA’s Office of Public www.ntia.doc.gov/other-publication/ SUMMARY: This notice announces an Affairs, (202) 482–7002; email 2015/multistakeholder-process- open meeting of the Digital Economy [email protected]. unmanned-aircraft-systems, for the most Board of Advisors. The Board advises SUPPLEMENTARY INFORMATION: current information. and provides recommendations to the Background: Congress recognized the Place: The meeting will be held in the Secretary of Commerce, through the potential wide-ranging benefits of Boardroom at the American Institute of Assistant Secretary of Commerce for Unmanned Aircraft Systems (UAS) Architects, 1735 New York Avenue Communications and Information and operations within the United States in NW., Washington, DC 20006. The the National Telecommunications and the Federal Aviation Administration location of the meeting is subject to Information Administration (NTIA), on (FAA) Modernization and Reform Act of change. Please refer to NTIA’s Web site, a broad range of issues concerning the 2012 (Pub. L. 112–95), which requires a https://www.ntia.doc.gov/other- digital economy and Internet policy. plan to safely integrate civil UAS into DATES: The meeting will be held on May 1 the National Airspace System (NAS) by Presidential Memorandum, Promoting Economic 16, 2016, from 8:30 a.m. to 2:30 p.m., Competitiveness While Safeguarding Privacy, Civil 2015. On February 15, 2015, President Rights, and Civil Liberties in Domestic Use of Eastern Daylight Time. Obama issued the Presidential Unmanned Aircraft Systems, (Feb. 15, 2015), ADDRESSES: The meeting will be held at Memorandum ‘‘Promoting Economic available at: http://www.whitehouse.gov/the-press- the Commerce Research Library, 1401 Competitiveness While Safeguarding office/2015/02/15/presidential-memorandum- promoting-economic-competitiveness-while- Constitution Avenue NW., Washington, Privacy, Civil Rights, and Civil Liberties safegua. DC 20230. Public comments may be in Domestic Use of Unmanned Aircraft 2 Presidential Memorandum at 4. mailed to: Digital Economy Board of
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Advisors, National Telecommunications furtherance of increasing domestic begin work in support of the and Information Administration, 1401 prosperity, improving education, and Department’s Digital Economy Agenda. Constitution Avenue NW., Room 4725, facilitating participation in political and Notice of the meeting is also posted on Washington, DC 20230 or emailed to cultural life through the application and NTIA’s Web site at https:// [email protected]. expansion of digital technologies. www.ntia.doc.gov/category/digital- FOR FURTHER INFORMATION CONTACT: The Board’s advice focuses on economy-board-advisors. Evelyn Remaley, Designated Federal ensuring the Internet continues to thrive Place: The meeting will be held at the Officer (DFO), at (202) 482–3821 or as an engine of growth, innovation, and Commerce Research Library, 1401 [email protected]; and/or visit NTIA’s free expression. In carrying out its Constitution Avenue NW., Washington, Web site at https://www.ntia.doc.gov/ duties, the Board’s activities may DC 20230. Public comments may be include, but are not limited to: mailed to: Digital Economy Board of category/digital-economy-board- • advisors. Gathering information and Advisors, National Telecommunications providing an analysis of challenges and Information Administration, 1401 SUPPLEMENTARY INFORMATION: related to the global free flow of Constitution Avenue NW., Room 4725, Background: Economic prosperity is information over the Internet, including Washington, DC 20230. The meeting’s increasingly tied to the digital economy, policies that could restrict cross-border morning session will be open to the which is a key driver of job creation, information flows; public and press on a first-come, first- business expansion, and innovation. • Providing advice on other policy served basis. Space is limited. The Indeed, virtually every modern matters that impact the digital economy, public portion of the meeting is company relies on the Internet to grow such as expanding broadband capacity, physically accessible to people with and thrive. As a result, the Department enhancing cybersecurity, protecting disabilities. Individuals requiring of Commerce (Department) has made privacy, and examining the role of accommodations, such as sign language technology and Internet policy a top intermediaries; interpretation or other ancillary aids, are priority, investing resources to address • Promoting the development of new asked to notify Ms. Remaley at (202) challenges and opportunities businesses digital technologies; and 482–3821 or [email protected] at least face in a global economy. • Analyzing the impact of the Internet five (5) business days before the On November 9, 2015, the Secretary on job growth and the economy as a meeting. of Commerce unveiled the Department’s whole. Status: Interested parties are invited new Digital Economy Agenda, which The Department will use the advice to attend and to submit written will help businesses and consumers provided by the Board to inform its comments to the Board at any time realize the potential of the digital decision-making processes and to before or after the meeting. Parties economy to advance growth and advance administration goals. wishing to submit written comments for opportunity. The Agenda focuses on NTIA will post a detailed agenda on consideration by the Board in advance four key objectives: Promoting a free its Web site, https://www.ntia.doc.gov/ of the meeting must send them to NTIA and open Internet worldwide; category/digital-economy-board- at the above-listed address. Comments promoting trust online; ensuring access advisors, prior to the meeting. To the must be received five (5) business days for workers, families, and companies; extent that the meeting time and agenda before the scheduled meeting date to and promoting innovation. To support permit, any member of the public may provide sufficient time for review. the Agenda, the Secretary directed the speak to or otherwise address the Board Comments received after this date will creation of a Digital Economy Board of regarding the agenda items during the be distributed to the Board, but may not Advisors to enable the Department to public portion of the meeting. be reviewed prior to the meeting. It have a mechanism for receiving regular Time and Date: The meeting will be would be helpful if paper submissions advice from leaders in industry, held on May 16, 2016 from 8:30 a.m. to also include a compact disc (CD) in academia, and civil society. See 2:30 p.m., Eastern Daylight Time. The Word or PDF format, labeled with the Committee Charter at https:// date, times and agenda topics are name and organizational affiliation of www.ntia.doc.gov/files/ntia/ subject to change. The public portion of the filer. Alternatively, comments may publications/deba_charter_ the meeting, from 8:30 a.m. to 12:00 be submitted electronically to DEBA@ 12222015.pdf. This Board is subject to p.m., will be available via two-way ntia.doc.gov with the subject: ‘‘DEBA the Federal Advisory Committee Act audio link and may be webcast. The First Meeting Comment.’’ Comments (FACA), 5 U.S.C. App. 2, and is remainder of the meeting, from 12:00 to provided via electronic mail also may be consistent with the National 2:30 p.m., will consist solely of submitted in one or more of the formats Telecommunications and Information preparatory and/or administrative work specified above. Administration Act, 47 U.S.C. 904(b). by the Board and will not be open to the Records: NTIA maintains records of The Board functions solely as an public. See 41 CFR 102–3.160. Please all Board proceedings. Board records are advisory body in compliance with the refer to NTIA’s Web site, https:// available for public inspection at NTIA’s FACA. For more information about the www.ntia.doc.gov/category/digital- Washington, DC office at the address Board, visit https://www.ntia.doc.gov/ economy-board-advisors, for the most above. Documents, including the category/digital-economy-board- up-to-date meeting agenda and access Board’s charter, member list, agendas, advisors. information for the public portion of the minutes, and any reports are available Matters to be Considered: The Board meeting. on NTIA’s Web page at https:// provides independent advice and Pursuant to 41 CFR 102–3.150(b), the www.ntia.doc.gov/category/digital- recommendations to the Secretary, Federal Register notice for this meeting economy-board-advisors. through the Assistant Secretary, on a is being published fewer than 15 broad range of policy issues impacting calendar days prior to the meeting as Dated: April 28, 2016. the digital economy. The Board serves exceptional circumstances exist. It is Kathy D. Smith, as a centralized forum gathering imperative that the Board hold its Chief Counsel, National Telecommunications consensus input from a wide range of inaugural meeting on May 16, 2016, to and Information Administration. stakeholders and experts. The Board’s accommodate the scheduling priorities [FR Doc. 2016–10322 Filed 4–28–16; 4:15 pm] mission is to provide advice in of key participants so that they may BILLING CODE 3510–60–P
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BUREAU OF CONSUMER FINANCIAL can make an appointment to inspect the • Innovators, technology providers, PROTECTION documents by telephoning (202) 435– and recent entrants into the student loan 7275. market; [Docket No. CFPB–2016–0018] All comments, including attachments • Institutions of higher education and and other supporting materials, will affiliated parties; Request for Information Regarding • Student Loan Borrower become part of the public record and Financial services providers, Communications subject to public disclosure. Sensitive including but not limited to lenders and personal information, such as account servicers in the student loan market; • AGENCY: Bureau of Consumer Financial numbers or social security numbers, State law enforcement agencies and Protection. regulators; should not be included. Comments • ACTION: Notice and request for generally will not be edited to remove Participants in the consumer data information. any identifying or contact information. industry, including credit reporting agencies; SUMMARY: The Bureau of Consumer FOR FURTHER INFORMATION CONTACT: For • Debt collectors; Financial Protection (Bureau or CFPB) is general inquiries, submission process • Organizations promoting financial seeking comments from the public questions, or any additional education; related to consumer decision-making information, please contact Monica • Civil rights groups; and when repaying student loans, including Jackson, Office of the Executive • Nationally recognized statistical the presentation of information about Secretary, at 202–435–7275. rating organizations. alternative repayment options. The Authority: 12 U.S.C. 5511(c). Please note that the Bureau is not soliciting individual student account submissions to this request for SUPPLEMENTARY INFORMATION: This information will assist policymakers information in response to this notice Request for Information Regarding and request for information, nor is the and market participants when Student Loan Borrower considering potential options to Bureau seeking personally identifiable Communications seeks feedback from information (PII) regarding student enhance, supplement, or revise written the public on a series of potential communications made to student loan accounts. borrower communications—Student All comments, including attachments borrowers by student loan servicers, Loan Payback Playbooks—developed by related to repayment options. The and other supporting materials, will the Bureau in coordination with the become part of the public record and Bureau is seeking public comments Department of Education and the about how these communications could subject to public disclosure. Sensitive Department of the Treasury. The Bureau personal information, such as account reduce defaults, improve borrower also seeks public comment about the outcomes, and spur innovation. numbers or social security numbers, role that written communications play should not be included. Comments DATES: Comments must be received on in enabling successful student loan or before June 12, 2016. generally will not be edited to remove repayment. any identifying or contact information. ADDRESSES: You may submit comments, The submissions to this request for identified by Docket No. CFPB–2016– information may assist market Part A: Accurate and Actionable 0018, by any of the following methods: participants and policymakers when Information Related to Student Loan • Electronic: http:// considering potential options to Repayment www.regulations.gov. Follow the enhance, supplement, or revise written In May 2015, the Bureau, in instructions for submitting comments. communications provided to student coordination with the Department of • Email: FederalRegisterComments@ loan borrowers, related to repayment Education and the Department of the cfpb.gov. Include Docket No. CFPB– options. Submissions will further Treasury, launched a public inquiry into 2016–0018 in the subject line of the inform stakeholders’ understanding of student loan servicing practices that message. the relationship between written sought input from the public related to • Mail: Monica Jackson, Office of the communications and borrower decision- potential barriers to student loan Executive Secretary, Consumer making related to student loan repayment. A broad cross-section of Financial Protection Bureau, 1700 G repayment, particularly as a means to respondents, including consumers, Street NW., Washington, DC 20552. reduce delinquencies and defaults. student loan servicers, consumer • Hand Delivery/Courier: Monica Comments submitted in response to this advocates, and others, highlighted the Jackson, Office of the Executive request for information may also be lack of information regarding student Secretary, Consumer Financial used to inform the development of loan repayment options as one of the Protection Bureau, 1275 First Street NE., certain disclosures required of the potential barriers to borrower success.2 Washington, DC 20002. Department of Education by the Commenters emphasized that accurate Instructions: All submissions should Presidential Memorandum on a Student and actionable information about include the agency name and docket Aid Bill of Rights, signed on March 10, various consumer protections and number for this proposal. Because paper 2015.1 The deadline for submission of borrower benefits could improve mail in the Washington, DC area and at comments is June 12, 2016. borrower decision-making.3 the Bureau is subject to delay, The Bureau encourages comments commenters are encouraged to submit from the public, including: 2 See, e.g., Borrower Comment, CFPB–2015–0021– comments electronically. In general, all 0076 (‘‘[M]onthly statements are the most • Student loan borrowers; comments received will be posted convoluted statements I’ve ever seen in my entire • without change to http:// Organizations representing students life. I work in the banking industry and I struggle and student loan borrowers; each month to figure out what I’m supposed to be www.regulations.gov. In addition, paying.’’); Comment from Axis Financial Services, comments will be available for public CFPB–2015–0021–0374 (‘‘Most defaulted borrowers inspection and copying at 1275 First 1 See The White House, Presidential need to hear about the opportunity and benefits of Memorandum—Student Aid Bill of Rights (Mar. 10, rehabilitation, affordable income-based repayment Street NE., Washington, DC 20002, on 2015), available at https://www.whitehouse.gov/the- options, procedures for setting up a rehabilitation official business days between the hours press-office/2015/03/10/presidential-memorandum- and answers to any questions the borrowers may of 10 a.m. and 5 p.m. eastern time. You student-aid-bill-rights. Continued
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Approximately 42 million Americans continues to show signs of distress.6 consumers, policymakers, consumer owe student loan debt.4 In less than a The Bureau estimates that a quarter of advocates, market participants, policy decade, the volume of outstanding student loan borrowers are, collectively, experts, and other stakeholders have federal student loan debt has more than either delinquent or in default on recognized the critical importance of doubled, rising from $516 billion in approximately $200 billion in student consistent, accurate, and actionable 2007 to greater than $1.2 trillion in the debt.7 Elevated levels of student loan information in order to facilitate 5 first quarter of 2016, surpassing all borrower distress exist despite the successful repayment.9 other categories of consumer debt aside availability of a range of protections for from mortgages. borrowers that are designed to mitigate According to data recently released by Unlike other types of consumer debt, delinquency and default, including the Department of Education regarding which have realized reduced levels of income-driven repayment plans Direct Loans, borrowers in Pay As You delinquency and default compared to provided for by law for the vast majority Earn (PAYE) and Income-Based highs reached following the Great of borrowers with federal student Repayment (IBR) (the most generous Recession, the student loan market loans.8 Given the growing share of income-driven repayment plans at the consumers managing student loan debt, time of the snapshot) had the lowest have.’’); Comment from The Institute for College delinquency rates. In contrast, Access & Success, CFPB–2015–0021–0356 6 See Federal Reserve Bank of New York, borrowers enrolled in a standard 10-year ‘‘[B]orrowers cannot count on servicers to provide Quarterly Report on Household Debt and Credit repayment plan had delinquency rates information and assistance that could help them (Aug. 2015), available at http:// make affordable payments and stay out of www.newyorkfed.org/householdcredit/2015-q2/ nearly seven times higher than default.’’); Comment from Pennsylvania Higher data/pdf/HHDC_2015Q2.pdf. borrowers enrolled in PAYE (Figure 1). Education Assistance Agency, CFPB–2015–0021– 7 U.S. Department of Education, Federal Student 0974 (‘‘While most borrowers are served well by Loan Portfolio: Direct Loan and Federal Family 9 See Consumer Financial Protection Bureau, U.S. customer service agents that are versed in a wide Education Loan Portfolio by Loan Status (accessed variety of student loan programs and options, some Department of Education, U.S. Department of the on Apr. 12, 2016), available at https:// Treasury, Joint Statement of the Principles on borrowers need the assistance of specially trained studentaid.ed.gov/sa/sites/default/files/fsawg/ Student Loan Servicing, 80 FR 67389 (Nov. 2, 2015), teams of representatives who can provide datacenter/library/PortfoliobyLoanStatus.xls; U.S. specialized information and counseling.’’). available at http://files.consumerfinance.gov/f/ Department of Education, Federal Perkins Loan _ _ _ 3 See, e.g., Borrower Comment, CFPB–2015–0021– Program Status of Default as of June 30, 2015 (Mar. 201509 cfpb treasury education-joint-statement-of- 0996 (‘‘Re-payment options are not clearly stated 17, 2016), available at https://ifap.ed.gov/ principles-on-student-loan-servicing.pdf; see also . . . Servicers should include what my monthly bill eannouncements/031716PerkinsCDR1415.html; Comment from the National Consumer Law Center, payments would be if I’m considering different U.S. Department of Education and Consumer CFPB–2015–0021–6840 (‘‘Student loan borrowers payment options.’’); Borrower Comment, CFPB– Financial Protection Bureau, Private Student Loans lack information about the current status of their 2015–0021–6521 (‘‘I have dealt with several loan (July 2012), available at http:// accounts and options for restructuring payments.); servicers and received inconsistent and erroneous www.consumerfinance.gov/reports/private-student- Comment from the National Association of Student answers to common questions.... loans-report/; U.S. Department of Education, Financial Aid Administrators, CFPB–2015–0021– [R]epresentatives would scream at me over the Federal Student Loan Portfolio: Direct Loan 0806 (‘‘NASFAA advocates . . . for making the phone that I owed a substantial amount of money Portfolio by Delinquency Status (accessed on Apr. consumption of the disclosure more efficient and immediately, more than I could possibly afford to 12, 2016), available at https://studentaid.ed.gov/sa/ user-friendly by simplifying, refining, and pay. I would have to hang up and call again hoping sites/default/files/fsawg/datacenter/library/ consolidating all consumer information to get a representative that was more reasonable. DLPortfoliobyDelinquencyStatus.xls; U.S. requirements . . .’’); Borrower Comment, CFPB– The next representative would tell me something Department of Education, Federal Student Loan completely different.... They told me I do not 2015–0021–0996 (‘‘Re-payment options are not Portfolio: ED-Held FFEL Portfolio by Delinquency clearly stated . . . Servicers should include what qualify for Income-Based Repayment because I have Status (accessed on Apr. 12, 2016), available at my monthly bill payments would be if I’m Grad Plus Loans . . . This information is https://studentaid.ed.gov/sa/sites/default/files/ considering different repayment options.’’); completely false, this restriction only applies to fsawg/datacenter/library/ Parent Plus loans which I do not have and I do not EDHeldFFELPortfoliobyDelinquencyStatus.xls. Borrower Comment, CFPB–2015–0021–0076 (‘‘[My servicer’s] monthly statements are the most exceed any income restrictions .... This false and 8 Readers should note that access to Income- convoluted statements I’ve ever seen in my entire inconsistent information led me to defer payments Based Repayment (IBR), Pay As You Earn (PAYE), when I could have been making them under IBR.’’). and Revised Pay As You Earn (REPAYE) is limited life. I work in the banking industry and I struggle 4 See U.S. Department of Education, Federal to borrowers with federal loans used to finance each month to figure out what I’m supposed to be Student Aid Portfolio Summary (accessed on Apr. their own education. Parents with federal student paying.’’); Comment from Axis Financial Services, 12, 2016), available at https://studentaid.ed.gov/sa/ loans made under the Parent PLUS program may CFPB–2015–0021–0374 (‘‘Borrowers who have sites/default/files/fsawg/datacenter/library/ use another income-driven repayment plan, recently rehabilitated loans, have fallen behind in PortfolioSummary.xls. Income-Contingent Repayment (ICR), but must first payments or otherwise need special counseling 5 See U.S. Department of Education, Federal refinance any parent loans into a new Direct need more support than just a monthly bill or Student Aid Portfolio Summary (accessed on Apr. Consolidation Loan in order to be eligible. See U.S. occasional phone call.... Some borrowers may 12, 2016), available at https://studentaid.ed.gov/sa/ Department of Education, Income-Driven Plans, benefit from additional contact such as reminders sites/default/files/fsawg/datacenter/library/ available at https://studentaid.ed.gov/sa/repay- via email, additional letters, invoices or call PortfolioSummary.xls. loans/understand/plans/income-driven. campaigns.’’).
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However, evidence suggests that provide the information necessary to These observations, taken together borrowers who could benefit from these make informed decisions about various with other academic research,17 arrangements may end up in repayment options.14 Student loan findings by state law enforcement delinquency or default instead. One servicers note that the expansion of agencies,18 and public comments from recent analysis by the Government income-driven repayment plans and consumers reporting servicing Accountability Office found that 70 other alternative options has introduced problems,19 raise serious questions percent of borrowers in default had new challenges for servicers seeking to about the adequacy of current servicing income that would entitle them to a counsel borrowers about how to practices related to enrollment in reduced monthly payment under one of navigate loan repayment.15 One trade income-driven repayment plans. these plans.12 Additionally, borrowers In response, the Bureau engaged in a association representing the student told us how inconsistent and joint effort with the Department of loan servicing industry observed that incomplete information from servicers Education and the Department of the can be a direct impediment to the breadth of options available to successful repayment,13 noting that consumers is ‘‘so confusing as to be 17 See generally Adam Looney & Constantine current written communications do not counter-productive,’’ noting that this Yannelis, A Crisis in Student Loans? How Changes may lead to borrowers ‘‘giving up or not in the Characteristics of Borrowers and in the 16 Institutions they Attend Contributed to Rising Loan 10 See U.S. Department of Education, Federal taking action at all.’’ Defaults, BPEA Conference Draft, The Brookings Student Aid, Servicing Summit Portfolio Overview Institution (Sept. 2015), available at http:// ∼ (Dec. 2014), available at http:// 14 See, e.g., Borrower Comment, CFPB–2015– www.brookings.edu/ /media/projects/bpea/fall- fsaconferences.ed.gov/conferences/library/2014/ _ _ _ 0021–2288 (‘‘I was given wrong information about 2015 embargoed/conferencedraft looneyyannelis servicing/2014ServicingSummitPortfolio studentloandefaults.pdf (finding that 70 percent of a lower payment plan. I am paying more on my Overview.ppt. defaulted borrowers in the authors’ sample were loans, rather than a lower payment, which is 11 Id. formerly enrolled at for-profit or two-year colleges, causing financial distress. The employees of the 12 See U.S. Government Accountability Office, and that these borrowers’ median wages were GAO–15–663, Federal Student Loans: Education company have given me false information and I’m between $20,900–$23,900). Based on the Bureau’s could do more to help ensure borrowers are aware not sure if I am on the correct repayment plan.’’). calculation, depending on a borrower’s family size, of repayment and forgiveness options (Aug. 2015), 15 See, e.g., Comment from Pennsylvania Higher the average borrower with these characteristics available at http://www.gao.gov/products/GAO–15– Education Assistance Agency, CFPB–2015–0021– would likely be eligible to make a $0 monthly 663. 0974 (‘‘Student loan borrowers and student loan payment under an income-driven repayment plan. 13 See Request for Information on Student Loan servicers must both cope with the complex nature 18 See, e.g., Letter from State Attorneys General Servicing, CFPB–2015–0021–0001 (May 21, 2015), of student loans and the wide variety of terms and Lisa Madigan et al., CFPB–2015–0021–0376, available at http://www.regulations.gov/#!document conditions attached to these loans.... This available at https://www.regulations.gov/# Detail;D=CFPB–2015–0021–0001; Borrower situation makes navigating student loans difficult !documentDetail;D=CFPB-2015-0021-0376. Comment, CFPB–2015–0021–4023 (‘‘I was for borrowers and presents challenges to student 19 For a complete collection of comments originally with [my servicer] when I heard about a loan servicers as they attempt to counsel and assist received in response to the Bureau’s May 2015 new program . . . that would let me consolidate my these borrowers.’’). Request for Information on Student Loan Servicing, loan and . . . since I am a teacher, I could have my see CFPB–2015–0021–0001, available at http:// 16 loan forgiven after 10 years. I naturally signed right Comment from Student Loan Servicing www.regulations.gov/#!docketDetail;D=CFPB-2015- up and at the time they told me that the standard Alliance, CFPB–2015–0021–0357 (‘‘We believe the 0021. Public comments and other qualitative inputs plan would be eligible for forgiveness. It turns out number of plans and the variety in their terms have described in this report are not necessarily I received the wrong information. I would have to become so confusing as to be counter-productive. representative of the experience of over 41 million use a different [repayment] plan which would be Given the number and complexity of the plans, it borrowers in the student loan market; however, income sensitive.... It’s not fair that I got bad is increasingly difficult for consumers to comments help to illustrate where there may be a advice from the [servicer] and that I will now be understand and can lead to borrowers giving up or mismatch between borrower needs and actual paying my loan well into retirement.’’). not taking action at all.’’). service delivered.
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Treasury to develop a vision for market- loan servicing market, informed the Section I: Specific Questions About wide reform, including an emphasis on development of a series of potential Elements of Payback Playbooks A, B, the importance of accurate and borrower Payback Playbooks developed and C actionable information for borrowers by the Bureau, in coordination with the The Bureau, in coordination with the seeking to make decisions about student Department of Education and the 20 Department of Education and the loan repayment. In early 2016, in Department of the Treasury.21 The Department of the Treasury, developed support of this effort, the Bureau Bureau is seeking comments discussing three potential Payback Playbooks engaged in a series of structured how these Playbooks could affect designed to assist student loan interviews with individual student loan borrowers when evaluating available borrowers when selecting between borrowers in order to better understand alternative repayment plans and alternative repayment plans. Playbooks the barriers student loan borrowers face facilitate enrollment in alternative A and B present three options to when repaying their loans, and to 22 consumers: (1) Their current repayment identify opportunities for improving repayment plans, when appropriate. arrangement; (2) one alternative borrower communications about The Bureau requests comments in repayment arrangement with an repayment options. The Bureau’s initial response to three documents: amortizing payment schedule (e.g., observations include: • Payback Playbook A: Personalized graduated repayment, extended • information about alternative repayment Borrowers respond more favorably repayment, extended-graduated to actionable information. Borrowers options (.pdf attachment or image). repayment); and (3) one income-driven explained that they are seeking • Payback Playbook B (variant of repayment plan (e.g., Pay As You Earn, actionable information regarding Payback Playbook A): Alternate Income-Based Repayment, Income- available repayment options. Borrowers approach to personalized information Contingent Repayment). In contrast, stated that billing statements are about alternative repayment options Playbook C presents a single income- difficult to understand, and not (.pdf attachment or image). driven repayment plan to consumers. indicative of available alternative Policymakers and market participants repayment options. • Payback Playbook C: Information • Personalized communications may about income-driven repayment options may wish to consider whether a be more effective. Borrowers indicated for borrowers likely at risk of default combination of these approaches is appropriate in order to best serve a that they would respond most favorably (.pdf attachment or image). to personalized billing written broad cross-section of student loan communications that provide actionable Part B: Questions About Written borrowers in various stages of repayment information reflective of a Communications to Student Loan repayment, experiencing varying levels borrower’s actual income and family Borrowers of distress, and reflecting variations in size. risk levels between different segments of • Routine electronic communications The Bureau is seeking general servicers’ loan portfolios. feedback on a series of draft Payback may present an opportunity for targeted Payback Playbooks A and B outreach. Borrowers described that they Playbooks that student loan servicers may be more likely to take action in would send to borrowers, developed in Playbooks A and B are identical, other response to monthly email collaboration with the Department of than the description of income communications containing Education and the Department of the information and estimated payment personalized repayment information, Treasury, as well as responses to the amount under an income-driven rather than written statements specific questions below. Section I of repayment plan. These designs present instructing borrowers to log in to review this Part provides a set of questions for two approaches to personalization. One their account or to call a customer respondents related to these draft approach offers a more precise estimate service representative to discuss Playbooks. Section II of this Part of a monthly payment under this plan available options. provides a set of questions directed to and informs the borrower that this • estimate was derived from actual Once borrowers fall behind, they student loan borrowers related to information about his or her income and may be less likely to engage with their Playbooks A and C. Section III of this family size. The alternative approach debt. Delinquent borrowers described Part provides a set of questions for how they need some prompting to re- provides a rounded estimate of a respondents about the general borrower’s likely monthly payment, engage with a past-due debt; written communication of information related communications that suggest ‘‘business based on similar information about to student loans. as usual’’ are often ignored. income and family size used to populate These observations, along with other Playbook A. Estimated payment 21 In December 2015, the Department of qualitative and quantitative inputs, amounts indicated in either Education announced a new set of student loan communication require that the including responses to our May 2015 billing statement disclosure requirements designed Request for Information on Student to provide clear and direct information to borrower’s servicer have access to Loan Servicing, consumer complaints, borrowers. In addition to enhanced disclosures information about the borrower’s consultation with state law enforcement while borrowers are in school, in a grace period, or income and family size. The Bureau officials, and discussions with entering repayment, borrowers will receive monthly understands that such information statements with specific information. Additionally, could potentially be available through consumer advocates, individual market delinquent borrowers will receive increased participants, and organizations outreach efforts to help facilitate repayment. various channels, including other representing participants in the student Submissions provided in response to this RFI may government agencies. The Bureau also inform the development of these disclosures. encourages respondents to provide 20 Consumer Financial Protection Bureau, U.S. See U.S. Department of Education, Advancing the general feedback related to both Department of Education, U.S. Department of the Student Aid Bill of Rights—An Update on approaches, as well as responses to any Treasury, Joint Statement of the Principles on Deliverables (Dec. 22, 2015), available at http:// of the specific questions included Student Loan Servicing, 80 FR 67389 (Nov. 2, 2015), sites.ed.gov/ous/2015/12/advancing-the-student- available at http://files.consumerfinance.gov/f/ aid-bill-of-rights-an-update-on-deliverables/. below. 201509_cfpb_treasury_education-joint-statement-of- 22 http://www.consumerfinance.gov/payback- 1. Please provide general feedback principles-on-student-loan-servicing.pdf. playbook. related to Playbook A and Playbook B,
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including any relevant information d. Borrowers who have missed including, for example, feedback related related to how these written multiple monthly student loan to: communications could affect consumer payments; a. The language used to introduce the decision-making regarding student loan e. Borrowers who are at imminent risk communication; repayment options and mitigate of default; b. The number and selection of the defaults. f. Borrowers who have previously repayment plan(s) presented to 2. Please provide feedback related to been in default, including borrowers consumers; specific elements of Playbook A and who have successfully rehabilitated c. The relative emphasis on a specific Playbook B, including, for example, defaulted loans; repayment plan; feedback related to: g. Borrowers who have high levels of d. The emphasis on lowering the a. The language used to introduce the student loan indebtedness; borrower’s monthly payment amount; communication; h. Borrowers who have not completed e. The presentation of the advantages b. The number and selection of a program of study; and disadvantages to student loan repayment plans presented to i. Borrowers who attended certain borrowers associated with income- consumers; categories of institutions of higher driven repayment plans (e.g., Income- c. The relative emphasis on specific education (e.g., four-year college, Based Repayment, Pay As You Earn, repayment plans; community college, for-profit college, and Revised Pay As You Earn); d. The emphasis on lowering the vocational school); f. The presentation of information borrower’s monthly payment amount; j. Borrowers who are currently regarding how borrowers can obtain e. The presentation of the advantages enrolled in an income-driven repayment more information about repayment and disadvantages to student loan plan; options; borrowers associated with an alternative k. Borrowers who are in school or in g. The presentation of the current and repayment plan with an amortizing a grace period; future monthly amount for the repayment schedule (e.g., graduated, l. Borrowers with Direct Loans; m. Borrowers with Federal Family repayment plan; extended, or extended-graduated plans); h. The description of the cost f. The presentation of the advantages Education Loan Program (FFELP) loans; n. Borrowers with Perkins loans; associated with the repayment plan, and disadvantages to student loan including the depiction of future borrowers associated with income- o. Parents with loans made through the PLUS program; and monthly payment amount and driven repayment plans (e.g., Income- description of the impact of repayment Based Repayment, Pay As You Earn, p. Borrowers with Federal plan selection on total lifetime loan and Revised Pay As You Earn); Consolidation Loans or Direct costs; g. The presentation of information Consolidation Loans. i. The visual representation of about the terms and conditions of Payback Playbook C information contained in these written specific repayment plans; h. The presentation of information Payback Playbook C provides communications; and regarding how borrowers can obtain borrowers with information on a single j. The means by which a borrower is more information about repayment income-driven repayment plan, provided with this information (e.g., options; including a personalized description of periodic statement, routine email i. The presentation of current and the estimated monthly payment under communication, stand-alone written future monthly payment amounts for this arrangement, similar to the communication, online payment portal, each repayment plan; approach used to describe income- etc.). j. The description of the costs driven repayment plans in Playbook A. 3. The Bureau seeks feedback on the associated with each repayment plan, Respondents are encouraged to evaluate appropriate audience for this Playbook. including the depiction of future this communication in the context of In particular, please provide feedback monthly payment levels and description the specific needs of borrowers who are related to the efficacy and applicability of the impact of repayment plan at risk of default, potentially including of this Playbook to specific populations selection on total lifetime loan costs; borrowers who have missed multiple of student loan borrowers, including, for k. The visual representation of monthly payments, borrowers who have example: information contained in these not completed a program of study, or a. Borrowers who are current on their communications; and borrowers who exhibit other criteria student loans (i.e., have no past-due l. The means by which a borrower is predictive of future financial distress. student loan balance); provided with this information (e.g., When evaluating this communication, b. Borrowers who are at risk of periodic statement, routine email including the proposed approach to delinquency; communication, standalone written personalization, respondents are c. Borrowers who are delinquent on communication, online payment portal, encouraged to consider the advantages, one or more student loans; etc.). disadvantages, and risks associated with d. Borrowers who have missed 3. The Bureau seeks feedback on the enrollment in an income-driven multiple monthly student loan appropriate audience for these repayment plan, as well as the potential payments; Playbooks. In particular, please provide costs to borrowers resulting from e. Borrowers who are at imminent risk feedback related to the efficacy and delinquency and default. of default; applicability of these Playbooks to 1. Please provide general feedback f. Borrowers who have previously specific populations of student loan related to Playbook C, including any been in default, including borrowers borrowers, including, for example: relevant information related to the who have successfully rehabilitated a. Borrowers who are current on their extent to which these written defaulted loans; student loans (i.e., have no past-due communications could affect consumer g. Borrowers who have high levels of student loan balance); decision-making regarding student loan student indebtedness; b. Borrowers who are at risk of repayment options and mitigate h. Borrowers who have not completed delinquency; delinquencies or defaults. a program of study; c. Borrowers who are delinquent on 2. Please provide feedback related to i. Borrowers who attend certain one or more student loans; specific elements of Playbook C, categories of institutions of higher
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education (e.g., four-year college, repayment plans, affect consumer 6. How could the visual presentation community college, for-profit college, decision-making? Personalized of information, including the vocational school); information means repayment presentation of additional or j. Borrowers who are currently information based on a borrower’s supplemental information in electronic enrolled in an income-driven repayment personal information, including income communications, affect consumer plan; and family size. decision-making when repaying student k. Borrowers who are in school or in 2. Please provide any additional loans? a grace period; relevant information related to written Dated: April 25, 2016. l. Borrowers with Direct Loans; communications with student loan Richard Cordray, m. Borrowers with Federal Family borrowers regarding repayment options, Director, Bureau of Consumer Financial Education Loan Program (FFELP) loans; including, for example: Protection. n. Borrowers with Perkins loans; a. Examples of existing written [FR Doc. 2016–10327 Filed 5–2–16; 8:45 am] o. Parents with loans made through communications provided to student BILLING CODE 4810–AM–P the PLUS program; and loan borrowers; p. Borrowers with Federal b. Information about the advantages Consolidation Loans or Direct and disadvantages of such DEPARTMENT OF DEFENSE Consolidation Loans. communications, including any relevant Section II. Specific Questions to information related to implementation, Department of the Army Borrowers About Elements of Payback operations, and maintenance associated Playbooks A and C with dissemination of these Notice of Intent To Grant Partially communications; Exclusive Patent License to 3D-sensIR, To supplement this request for c. Information related to privacy and Inc.; Stevenson Ranch, CA information, the Bureau launched a data security considerations when AGENCY: Department of the Army, DoD. consumer-facing landing page soliciting populating and disseminating feedback on these prototype Payback information about borrowers’ loans, ACTION: Notice of intent. Playbooks.23 The Bureau developed the income information, or other sensitive SUMMARY: In compliance with 35 U.S.C. following specific questions for financial or personal information, individual student loan borrowers, in 209(e) and 37 CFR 404.7(a)(1)(i), the including protecting the privacy of Department of the Army hereby gives order to better understand how the borrowers in electronic communications Playbook could most effectively serve notice of its intent to grant to 3D-sensIR, like email or text message; Inc.; a corporation having its principle their needs. Although all commenters d. Feedback about information are encouraged to review this request for place of business at 25762 Hawthorne systems and other technical Place, Stevenson Ranch, CA 91381, a information in its entirety, consumers considerations when populating and should consider following questions partially exclusive license, for their disseminating personalized information design and development of handheld 3D when evaluating these prototype about student loans, including any borrower communications: smart cameras with specific application feedback about existing information in the areas of photorealistic 3D 1. How would the Playbook help you systems that provide accurate, understand and evaluate the options measurements in the fields of personalized information to consumers Architecture, Engineering, Construction you have to pay your student loan if it with student loans; reflected your likely payments based on (AEC), Utility Assets Management, Law e. Information about the availability, your actual income? Enforcement (i.e., crime and accident cost, and accuracy of potential data 2. How could the Playbook better scene investigations), Real-Estate, Arts sources that include the income and provide you with important information and Entertainment, Commercial Drones, family size of student loan borrowers; about your repayment options? Commercial Robotics and Logistics. The and 3. How would it be best to see the proposed license would be relative to f. Information about the use of Playbook (e.g., in monthly billing the following: consumer data, in order to populate • statements, when you log on to your U.S. Patent Number 8,081,301 information contained in personalized account online, etc.)? entitled ‘‘LADAR Transmitting and communications. 4. At what point during repayment Receiving System and Method’’, would you like to receive personalized 3. How could the communication Inventors Stann, Giza and Lawler, Issue information about available repayment channel (e.g., U.S. Mail, email, SMS, Date Dec. 20, 2011. options (e.g., during your grace period, online portal) used to deliver borrower DATES: The prospective partially during repayment, etc.)? communications affect borrower exclusive license may be granted unless engagement (e.g., email open rates, within fifteen (15) days from the date of Section III: General Questions About the click-through rates, inbound telephone this published notice, the U.S. Army Communication of Information to calls)? Research Laboratory receives written Student Loan Borrowers in Repayment 4. How could personalized objections including evidence and The following questions solicit input information obtained to populate argument that establish that the grant of from the public about the effects of written communications be adapted to the license would not be consistent with increased disclosure of information enhance oral communications with the requirements of 35 U.S.C. 209 and regarding repayment options in written consumers? 37 CFR 404.7. Competing applications communications to student loan 5. Please provide any relevant completed and received by the U.S. borrowers from student loan servicers. information about the applicability of Army Research Laboratory within 1. How could personalized personalized communications to fifteen (15) days from the date of this information related to repayment different segments of the student loan published notice will also be treated as options, including income-driven market (i.e., private student loans, objections to the grant of the guaranteed loans made under the contemplated exclusive license. 23 http://www.consumerfinance.gov/payback- Federal Family Education Loan Objections submitted in response to playbook. Program, and Direct Loans). this notice will not be made available to
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the public for inspection and, to the ADDRESSES: To obtain a copy of the SIR that construction activities may occur extent permitted by law, will not be send requests to Ms. Amanda Cruz, U.S. year-round with suspension of in- released under the Freedom of Army Corps of Engineers, San Francisco channel work and implementation of a Information Act, 5 U.S.C. 552. District, 1455 Market Street, 17th Floor, Project-specific Rain Event Action Plan ADDRESSES: Send written objections to San Francisco, CA 94103–1398 or email: (REAP) if 0.5 inch or greater U.S. Army Research Laboratory [email protected]. precipitation is forecast by the National Technology Transfer and Outreach FOR FURTHER INFORMATION CONTACT: Weather Service in their 72-hour Office, RDRL–DPT/Thomas Mulkern, Amanda Cruz, (415) 503–6955. forecast for the Project area. Building 321 Room 110, Aberdeen SUPPLEMENTARY INFORMATION: The The SIR evaluates the potential effects Proving Ground, MD 21005–5425. March 2014 Final GRR/EIS for the on environmental resources of removing FOR FURTHER INFORMATION CONTACT: Berryessa Creek Element, and its the exercise pocket park and allowing Thomas Mulkern, (410) 278–0889, accompanying CWA § 404(b)(1) in-channel work year-round in the email: [email protected] alternatives analysis, recommended an absence of substantial rainfall. Effects on the following environmental SUPPLEMENTARY INFORMATION: None. earthen trapezoidal channel section with varying bottom width and 2H:1V resources were considered: Air quality; Brenda S. Bowen, side slopes that provides protection climate change; water resources and Army Federal Register Liaison Officer. against the one-percent annual chance quality; fisheries; biological resources; [FR Doc. 2016–10264 Filed 5–2–16; 8:45 am] exceedance flood event from I–680 in topography and soils; geology and BILLING CODE 5001–03–P San Jose to Calaveras Boulevard in seismicity; cultural resources; land use Milpitas (hereinafter ‘‘Project’’). These and socioeconomics; traffic and environmental analyses determined the circulation; noise; recreation and public DEPARTMENT OF DEFENSE Project to be the National Economic access; aesthetics and visual resources; Development Plan (NED), the National hazardous, toxic, and radiological Department of the Army, U.S. Army Environmental Policy Act (NEPA) waste; growth-inducing effects; and Corps of Engineers environmentally preferable alternative, cumulative effects. Based on this analysis, the USACE has determined Notice of Availability of Supplemental the California Environmental Quality Act (CEQA) § 15126.6(e)(2) that removing the exercise pocket park Information Report for Berryessa and allowing in-channel work year- Creek Element, Coyote and Berryessa environmentally superior alternative, and the CWA § 404 Least round in the absence of substantial Creek, Flood Control Project, Santa rainfall will not result in new significant Clara County, CA Environmentally Damaging Practicable Alternative (LEDPA). The USACE environmental impacts not already AGENCY: Department of the Army, U.S. Director of Civil Works signed the identified in the GRR/EIS. Army Corps of Engineers, DOD. Record of Decision (ROD) on May 29, Because removing the exercise pocket park features and allowing in-channel ACTION: Public notice. 2014. The SIR serves to update the Project work year-round in the absence of SUMMARY: The U.S. Army Corps of description and impact analysis in the substantial rainfall will not result in Engineers (USACE) has prepared a GRR/EIS to include the removal of the new significant environmental impacts, Supplemental Information Report (SIR) pocket exercise park facilities and these elements do not amount to to update and clarify the General clarify that in-channel construction may substantial changes to the proposed Reevaluation Report/Environmental occur year-round in the absence of action and do not constitute significant Impact Statement (GRR/EIS) for the substantial rainfall. The Project as new circumstances or information Berryessa Creek Element of the Coyote described in the GRR/EIS would remove bearing upon the proposed action or its and Berryessa Creek, California, Flood an existing pocket park with permanent impacts. Therefore, the USACE Control Project (Project) to account for outdoor exercise equipment and about concludes that preparation of a the fact that the Project will remove an 460 linear feet of paved trail located on supplement to the GRR/EIS, as defined existing exercise ‘‘pocket park’’ and property owned by the Project’s non- in section 1502.9(c) of the CEQ paved trail within the Project footprint Federal sponsor, the Santa Clara Valley Regulations, is not necessary. The and will involve in-channel work year- Water District, in order to allow for Project remains the environmentally round in the absence of substantial construction of the widened channel. preferable alternative. rainfall (defined as 0.5 inch or greater The existence of these features and the John C. Morrow, precipitation forecast by the National fact that they would be removed by the Lieutenant Colonel, U.S. Army, District Weather Service in their 72-hour Project were inadvertently omitted from Engineer. forecast for the Project area). The the GRR–EIS. Additionally, the GRR– [FR Doc. 2016–10263 Filed 5–2–16; 8:45 am] removal of the existing exercise pocket EIS stated that ‘‘construction activities BILLING CODE 3720–58–P park facilities was omitted from the would occur primarily during the dry original GRR/EIS and the clarification season from May to the end of October’’ regarding in-channel work year-round and included a mitigation measure DELAWARE RIVER BASIN when weather permits (i.e., in the stating that best management practices COMMISSION absence of substantial rainfall) is in for the Project would include response to informal comments. The preparation and implementation of ‘‘an Notice of Public Hearing and Business USACE has determined that these Erosion and Sediment Control Plan Meeting elements do not amount to substantial consistent with RWQCB policy and changes to the proposed action and do guidelines’’ that would require May 11 and June 15, 2016. not constitute significant new contractors to ‘‘limit in-channel Notice is hereby given that the circumstances or information bearing construction to the low-flow period Delaware River Basin Commission will upon the proposed action or its impacts. between April 15 and October 31 to hold a public hearing on Wednesday, Therefore, a supplement to the GRR/EIS minimize soil erosion.’’ This SIR May 11, 2016. A business meeting will is not necessary. clarifies the measure to specifically state be held the following month, on
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Wednesday, June 15, 2016. The hearing and a resolution for the Minutes to hearing items may be examined at the and business meeting are open to the amend the Administrative Manual— Commission’s offices by appointment by public and will be conducted at the Bylaws, Management and Personnel contacting Carol Adamovic, 609–883– Washington Crossing Historic Park concerning the timing of annual salary 9500, ext. 249. For other questions Visitor Center, 1112 River Road, adjustments. concerning hearing items, please contact Washington Crossing, Pennsylvania. After all scheduled business has been the Project Review Section assistant at Public Hearing. The public hearing on completed and as time allows, the 609–883–9500, ext. 216. May 11, 2016 will begin at 1:30 p.m. meeting will also include up to one Dated: April 27, 2016. Hearing items will include: Draft hour of Open Public Comment. Pamela M. Bush, dockets for the withdrawals, discharges There will be no opportunity for and other water-related projects subject additional public comment for the Commission Secretary and Assistant General Counsel. to the Commission’s review; and record at the June 15 business meeting resolutions (1) adopting procedural on items for which a hearing was [FR Doc. 2016–10300 Filed 5–2–16; 8:45 am] guidelines for certain determinations completed on May 11 or a previous BILLING CODE 6360–01–P made pursuant to the Commission’s date. Commission consideration on June Water Quality Regulations; (2) 15 of items for which the public hearing approving the Commission’s annual is closed may result in approval of the DEPARTMENT OF EDUCATION current expense and capital budgets for item (by docket or resolution) as [Docket No.: ED–2016–ICCD–0049] the fiscal year ending June 30, 2017; and proposed, approval with changes, (3) apportioning among the signatory denial, or deferral. When the Agency Information Collection parties the amounts required for support Commissioners defer an action, they Activities; Submission to the Office of of the current expense and capital may announce an additional period for Management and Budget for Review budgets for the fiscal year ending June written comment on the item, with or and Approval; Comment Request; 30, 2017. without an additional hearing date, or Applications for New Grants Under the The list of projects scheduled for they may take additional time to Rehabilitation Services Administration hearing, including project descriptions, consider the input they have already (RSA) (1894–0001) will be posted on the Commission’s received without requesting further Web site, www.drbc.net, in a long form public input. Any deferred items will be AGENCY: Office of Special Education and of this notice at least ten days before the considered for action at a public Rehabilitative Services (OSERS), hearing date. Draft resolutions meeting of the Commission on a future Department of Education (ED). scheduled for hearing also will be date. ACTION: Notice. Advance Sign-Up for Oral Comment. posted at www.drbc.net ten or more SUMMARY: In accordance with the Individuals who wish to comment on days prior to the hearing. Paperwork Reduction Act of 1995 (44 Written comments on matters the record during the public hearing on U.S.C. chapter 3501 et seq.), ED is scheduled for hearing on May 11 will be May 11 or to address the Commissioners proposing an extension of an existing accepted through 5:00 p.m. on May 12. informally during the Open Public information collection. After the hearing on all scheduled Comment portion of the meeting on DATES: matters has been completed, and as time either May 11 or June 15 as time allows, Interested persons are invited to allows, an opportunity for Open Public are asked to sign up in advance by submit comments on or before June 2, Comment will also be provided. contacting Ms. Paula Schmitt of the 2016. The public is advised to check the Commission staff, at paula.schmitt@ ADDRESSES: To access and review all the Commission’s Web site periodically drbc.nj.gov. documents related to the information prior to the hearing date, as items Addresses for Written Comment. collection listed in this notice, please scheduled for hearing may be postponed Written comment on items scheduled use http://www.regulations.gov by if additional time is deemed necessary for hearing may be delivered by hand at searching the Docket ID number ED– to complete the Commission’s review, the public hearing or: By hand, U.S. 2016–ICCD–0049. Comments submitted and items may be added up to ten days Mail or private carrier to: Commission in response to this notice should be prior to the hearing date. In reviewing Secretary, P.O. Box 7360, 25 State Police submitted electronically through the docket descriptions, the public is also Drive, West Trenton, NJ 08628; by fax to Federal eRulemaking Portal at http:// asked to be aware that project details Commission Secretary, DRBC at 609– www.regulations.gov by selecting the commonly change in the course of the 883–9522; or by email (preferred) to Docket ID number or via postal mail, Commission’s review, which is ongoing. [email protected]. If submitted commercial delivery, or hand delivery. Public Meeting. The public business by email, written comments on a docket Please note that comments submitted by meeting on June 15, 2016 will begin at should also be sent to Mr. David fax or email and those submitted after 10:30 a.m. and will include: Adoption Kovach, Manager, Project Review the comment period will not be of the Minutes of the Commission’s Section at [email protected]. accepted. Written requests for March 16, 2016 business meeting, Accommodations for Special Needs. information or comments submitted by announcements of upcoming meetings Individuals in need of an postal mail or delivery should be and events, a report on hydrologic accommodation as provided for in the addressed to the Director of the conditions, reports by the Executive Americans with Disabilities Act who Information Collection Clearance Director and the Commission’s General wish to attend the informational Division, U.S. Department of Education, Counsel, and consideration of any items meeting, conference session or hearings 400 Maryland Avenue SW., LBJ, Room for which a hearing has been completed should contact the Commission 2E–115, Washington, DC 20202–4537. or is not required. Items expected to be Secretary directly at 609–883–9500 ext. FOR FURTHER INFORMATION CONTACT: For considered on June 15 for which no 203 or through the Telecommunications specific questions related to collection hearing is required include: A Relay Services (TRS) at 711, to discuss activities, please contact Kerrie Clark, resolution for the Minutes providing for how we can accommodate your needs. 202–245–7281. the election of Commission officers for Additional Information, Contacts. SUPPLEMENTARY INFORMATION: The fiscal year 2017 (ending June 30, 2017); Additional public records relating to Department of Education (ED), in
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accordance with the Paperwork National Center, Disability Innovation address: energysecuritycomments@ Reduction Act of 1995 (PRA) (44 U.S.C. Fund and other discretionary grant hq.doe.gov 3506(c)(2)(A)), provides the general programs approved by the Secretary. FOR FURTHER INFORMATION CONTACT: public and Federal agencies with an The current application package expires Andrew Stocking, U.S. Department of opportunity to comment on proposed, July 31, 2016 and in order to provide Energy, Office of Energy Policy and revised, and continuing collections of application packages to applicants, RSA Systems Analysis, 1000 Independence information. This helps the Department is requesting an extension of the Avenue SW., Washington, DC 20585– assess the impact of its information currently approved package for an 0121. Telephone: 202–586–6072 Email: collection requirements and minimize additional three years. [email protected]. To the public’s reporting burden. It also Dated: April 27, 2016. helps the public understand the register, visit: https:// Tomakie Washington, Department’s information collection doeenergysecurity.eventbrite.com Acting Director, Information Collection requirements and provide the requested SUPPLEMENTARY INFORMATION: data in the desired format. ED is Clearance Division, Office of the Chief Privacy Officer, Office of Management. soliciting comments on the proposed Summary and Text of Section 61005 of information collection request (ICR) that [FR Doc. 2016–10275 Filed 5–2–16; 8:45 am] Public Law 114–94, the FAST Act BILLING CODE 4000–01–P is described below. The Department of Summary: Within 1 year, the Education is especially interested in Secretary of Energy must transmit to public comment addressing the Congress, after public notice and following issues: (1) Is this collection DEPARTMENT OF ENERGY comment, a report recommending necessary to the proper functions of the energy security valuation methods for Department; (2) will this information be New Opportunities and Challenges in use across the Federal government. The processed and used in a timely manner; U.S. Energy Security: Notice of Public report will assess the U.S. energy (3) is the estimate of burden accurate; Workshop security posture, identify metrics for (4) how might the Department enhance evaluating energy-related actions with the quality, utility, and clarity of the AGENCY: Office of Energy Policy and respect to their effects on energy information to be collected; and (5) how Systems Analysis, Department of security, and include an might the Department minimize the Energy. implementation strategy for ensuring burden of this collection on the ACTION: Notice of public workshop. that metrics are applied consistently respondents, including through the use throughout the government. The of information technology. Please note SUMMARY: To support implementation of Secretary of Energy will collaborate that written comments received in the 2015 Highway Bill (the FAST Act, with the Secretary of State, and any response to this notice will be Pub. L. 114–94), the U.S. Department of other government, private, or considered public records. Energy (DOE or Department) will international participants as necessary. Title of Collection: Applications for convene a public workshop to discuss New Grants under the Rehabilitation new opportunities and challenges in May 13, 2016: U.S. Energy Security Services Administration (RSA) (1894– U.S. energy security, covering both the Public Workshop 0001). electricity sector and the oil and gas On May 13, 2016, DOE will hold a OMB Control Number: 1820–0018. sector. A mixture of panel discussions public workshop in Washington, DC on Type of Review: An extension of an and an open comment/Q&A period will ‘‘New Opportunities and Challenges in existing information collection. frame multi-stakeholder discourse Respondents/Affected Public: State, U.S. Energy Security.’’ The meeting will around the meaning of energy security feature facilitated panel discussions, Local, and Tribal Governments. in a 21st century context, given record Total Estimated Number of Annual followed by an open microphone levels of U.S. fossil fuel production, session. People who would like to speak Responses: 40. ongoing changes to the U.S. electricity Total Estimated Number of Annual during the open microphone session at fuel mix and grid, and shifting Burden Hours: 1,600. the public workshop should come Abstract: The Rehabilitation Services geopolitical alignments related to energy prepared to speak for no more than five Administration (RSA) is seeking development and provision. minutes and will be accommodated on approval to extend the current DATES: The public workshop will be a first-come, first-served basis, Information Collection package, OMB held on Friday, May 13, 2016, beginning according to the order in which they #1820–0018 (streamlined discretionary at 9:00 a.m. Eastern Time and ending at register to speak on a sign-in sheet grants 1894–0001) in order to solicit 12:30 p.m. Eastern Time. Written available at the meeting location, on the applications for RSA’s Discretionary comments are welcome and should be morning of the meeting. Grant Awards authorized by the submitted at the public workshop or Submitting comments in writing. Do Rehabilitation Act of 1973, as amended electronically by May 13, 2016 at 5:00 not submit information for which and the Consolidated Appropriations p.m. Eastern Time. disclosure is restricted by statute, such Act, 2014 (Pub. L. 113–76) and the ADDRESSES: The meeting will be held in as trade secrets and commercial or Consolidated and Further Continuing Room GE–086 (Large Auditorium) in the financial information (hereinafter Appropriations Act, 2015 (Pub. L. 113– U.S. Department of Energy Forrestal referred to as Confidential Business 235). The discretionary program areas Building, located at 1000 Independence Information (CBI)). That is, do not include Rehabilitation Long Term and Ave. SW., in Washington, DC 20585– submit CBI. Short Term Training, Demonstrations, 0121. You may submit written Include contact information when you Capacity Building projects, Interpreter comments electronically to the Office of submit comments, data, documents, and Training, In-Service Training, National Energy Policy and Systems Analysis, other information to DOE. If you submit Clearinghouse, National Leadership Energy Security Meeting Comments, via hand delivery/courier at the public Institute, Technical Assistance and U.S. Department of Energy, 1000 workshop, please also provide all items Continuing Education (TACE) Centers, Independence Avenue SW., electronically, if feasible, in which case Service Programs, the Helen Keller Washington, DC using the email it is not necessary to submit printed
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copies. No telefacsimiles (faxes) will be Partners II, LLC, Canadian Hills Wind, Comments Due: 5 p.m. ET 5/5/16. accepted. LLC, Erie Wind, LLC, Evergreen Wind Docket Numbers: ER16–1501–000. Comments, data, and other Power, LLC, Evergreen Wind Power III, Applicants: Midcontinent information submitted to DOE LLC, First Wind Energy Marketing, LLC, Independent System Operator, Inc. electronically should be provided in Goshen Phase II LLC, Imperial Valley Description: Section 205(d) Rate PDF (preferred), Microsoft Word or Solar 1, LLC, Longfellow Wind, LLC, Filing: 2016–04–26_SA 2406 NSP- Excel, WordPerfect, or text (ASCII) file Meadow Creek Project Company LLC, Prairie Rose 2nd Rev. GIA (J183) to be format. Provide documents that are not Milford Wind Corridor Phase I, LLC, effective 4/27/2016. secured, written in English, and are free Milford Wind Corridor Phase II, LLC, Filed Date: 4/26/16. of any defects or viruses. Documents Niagara Wind Power, LLC, Prairie Accession Number: 20160426–5106. should not contain special characters or Breeze Wind Energy LLC, Rockland Comments Due: 5 p.m. ET 5/17/16. any form of encryption and, if possible, Wind Farm LLC, Stetson Holdings, LLC, The filings are accessible in the they should carry the electronic Stetson Wind II, LLC, Vermont Wind, Commission’s eLibrary system by signature of the author. LLC, Regulus Solar, LLC. clicking on the links or querying the Issued in Washington, DC, on April 27, Description: Notice of Change in docket number. 2016. Status of Bishop Hill Energy LLC, et. al. Any person desiring to intervene or Melanie Kenderdine, Filed Date: 4/25/16. protest in any of the above proceedings Accession Number: 20160425–5358. Director, Office of Energy Policy and Systems must file in accordance with Rules 211 Analysis, Energy Counselor to the Secretary, Comments Due: 5 p.m. ET 5/16/16. and 214 of the Commission’s U.S. Department of Energy. Docket Numbers: ER12–2399–006. Regulations (18 CFR 385.211 and [FR Doc. 2016–10318 Filed 5–2–16; 8:45 am] Applicants: FirstEnergy Service 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. BILLING CODE 6450–01–P Company. Description: Settlement Agreement Protests may be considered, but and Offer of Settlement [including Pro intervention is necessary to become a DEPARTMENT OF ENERGY Forma sheets] of FirstEnergy Service party to the proceeding. Company on behalf of the Settling eFiling is encouraged. More detailed Federal Energy Regulatory Parties. information relating to filing Commission Filed Date: 4/25/16. requirements, interventions, protests, Accession Number: 20160425–5362. service, and qualifying facilities filings Combined Notice of Filings #1 Comments Due: 5 p.m. ET 5/16/16. can be found at: http://www.ferc.gov/ Take notice that the Commission Docket Numbers: ER16–767–001. docs-filing/efiling/filing-req.pdf. For received the following electric rate Applicants: California Independent other information, call (866) 208–3676 filings: System Operator Corporation. (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER10–3117–007; Description: Compliance filing: 2016– Dated: April 26, 2016. ER10–3115–005; ER13–445–008; ER14– 04–25 Competitive Solicitation Nathaniel J. Davis, Sr., 2823–006; ER11–4060–008; ER11–4061– Enhancements Compliance to be Deputy Secretary. effective 3/28/2016. 008; ER15–1170–004; ER15–1171–004; [FR Doc. 2016–10255 Filed 5–2–16; 8:45 am] ER15–1172–004; ER15–1173–004; Filed Date: 4/25/16. Accession Number: 20160425–5293. BILLING CODE 6717–01–P ER10–3300–012; ER15–1308–002. Applicants: Badger Creek Limited, Comments Due: 5 p.m. ET 5/16/16. Bear Mountain Limited, Chalk Cliff Docket Numbers: ER16–854–001. DEPARTMENT OF ENERGY Limited, Double C Generation Limited Applicants: Southwest Power Pool, Partnership, High Sierra Limited, Kern Inc. Federal Energy Regulatory Front Limited, Kingfisher Wind, LLC, La Description: Compliance filing: Commission Paloma Generating Company, LLC, Lea 1628R8 Substitute Western Farmers Power Partners, LLC, Live Oak Limited, Electric Cooperative NITSA— Combined Notice of Filings #1 Compliance Filing to be effective 1/1/ McKittrick Limited, Waterside Power, Take notice that the Commission 2016. LLC. received the following electric rate Filed Date: 4/26/16. Description: Notice of Change in filings: Status Lea Power Partners, LLC, et. al. Accession Number: 20160426–5068. Docket Numbers: ER10–2805–005; Comments Due: 5 p.m. ET 5/17/16. Filed Date: 4/25/16. ER10–2600–006; ER10–2564–006; Accession Number: 20160425–5357. Docket Numbers: ER16–1254–001. ER10–2289–006; EL16–37–000. Comments Due: 5 p.m. ET 5/16/16. Applicants: MMP SCO, LLC. Applicants: Central Hudson Gas & Docket Numbers: ER12–161–016; Description: Tariff Amendment: Electric Corp., Tucson Electric Power ER12–2068–012; ER12–645–018; ER10– Amendment to Application for Market- Company, UNS Electric, Inc., UniSource 2460–012; ER10–2461–012; ER12–2159– Based Rate Authorization to be effective Energy Development Company. 008; ER12–682–013; ER10–2463–012; 4/26/2016. Description: Response to the February ER11–2201–016; ER10–2464–010; Filed Date: 4/26/16. 22, 2016 Show Cause Order of Tucson ER10–1821–013; ER13–1139–015; Accession Number: 20160426–5082. Electric Power Company, et al. ER13–1585–009; ER12–2205–009; Comments Due: 5 p.m. ET 5/17/16. Filed Date: 4/22/16. ER10–2465–008; ER11–2657–009; Docket Numbers: ER16–1500–000. Accession Number: 20160422–5110. ER13–17–010; ER14–25–013; ER14– Applicants: South Carolina Electric & Comments Due: 5 p.m. ET 5/13/16. 2630–008; ER12–919–007; ER12–1311– Gas Company. Docket Numbers: ER10–3300–013. 012; ER10–2466–013; ER11–4029–012. Description: Section 205(d) Rate Applicants: La Paloma Generating Applicants: Bishop Hill Energy LLC, Filing: Attachment H—Depreciation Company, LLC. Blue Sky East, LLC, California Ridge Update to be effective 6/1/2016. Description: Notice of Change in Wind Energy LLC, Canandaigua Power Filed Date: 4/25/16. Status of La Paloma Generating Partners, LLC, Canandaigua Power Accession Number: 20160425–5294. Company, LLC.
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Filed Date: 4/26/16. of Network Integration Transmission Docket Numbers: QM16–1–000. Accession Number: 20160426–5332. Service and related Network Operating Applicants: Nebraska Public Power Comments Due: 5 p.m. ET 5/17/16. Agreement (No. 254–PNM). District. Docket Numbers: ER15–1905–004. Filed Date: 4/26/16. Description: Response to April 19, Applicants: Amazon Energy LLC. Accession Number: 20160426–5315. 2016 Deficiency Letter on behalf of the Description: Notice of Change in Comments Due: 5 p.m. ET 5/17/16. Nebraska Public Power District. Status of Amazon Energy LLC. Docket Numbers: ER16–1504–000. Filed Date: 4/26/16. Accession Number: 20160426–5311. Filed Date: 4/27/16. Applicants: Oregon Clean Energy, Comments Due: 5 p.m. ET 5/24/16. Accession Number: 20160427–5156. LLC. Comments Due: 5 p.m. ET 5/18/16. Description: Petition for Waiver and The filings are accessible in the Request for Expedited Action of Oregon Commission’s eLibrary system by Docket Numbers: ER16–651–000; clicking on the links or querying the ER16–652–000; ER16–653–000; ER16– Clean Energy, LLC. Filed Date: 4/26/16. docket number. 654–000; ER16–655–000. Any person desiring to intervene or Applicants: Milo Wind Project, LLC, Accession Number: 20160426–5331. Comments Due: 5 p.m. ET 5/3/16. protest in any of the above proceedings Roosevelt Wind Project, LLC, Slate Docket Numbers: ER16–1505–000. must file in accordance with Rules 211 Creek Wind Project, LLC, Spearville 3, and 214 of the Commission’s LLC, Spinning Spur Wind LLC. Applicants: Midcontinent Independent System Operator, Inc. Regulations (18 CFR 385.211 and Description: Supplement to December 385.214) on or before 5:00 p.m. Eastern 29, 2015 Milo Wind Project, LLC, et al. Description: Section 205(d) Rate Filing: 2016–04–27 Ramp Product time on the specified comment date. Triennial Filing, et al. Protests may be considered, but Filed Date: 4/26/16. Posting Filing to be effective 5/1/2016. Filed Date: 4/27/16. intervention is necessary to become a Accession Number: 20160426–5297. party to the proceeding. Comments Due: 5 p.m. ET 5/17/16. Accession Number: 20160427–5245. Comments Due: 5 p.m. ET 5/18/16. eFiling is encouraged. More detailed Docket Numbers: ER16–1218–001. Docket Numbers: ER16–1506–000. information relating to filing Applicants: BE CA LLC. Applicants: Nevada Power Company. requirements, interventions, protests, Description: Tariff Amendment: Description: Section 205(d) Rate service, and qualifying facilities filings Supplement to Notice of Market-Based Filing: OATT Attachment G Revision can be found at: http://www.ferc.gov/ Rate Schedule Revisions to be effective Network Operating Agreement to be docs-filing/efiling/filing-req.pdf. For 5/17/2016. effective 6/28/2016. other information, call (866) 208–3676 Filed Date: 4/27/16. Filed Date: 4/27/16. (toll free). For TTY, call (202) 502–8659. Accession Number: 20160427–5196. Accession Number: 20160427–5246. Dated: April 27, 2016. Comments Due: 5 p.m. ET 5/18/16. Comments Due: 5 p.m. ET 5/18/16. Kimberly D. Bose, Docket Numbers: ER16–1219–001. Docket Numbers: ER16–1507–000. Secretary. Applicants: J.P. Morgan Ventures Applicants: Idaho Power Company. Energy Corporation. [FR Doc. 2016–10315 Filed 5–2–16; 8:45 am] Description: Section 205(d) Rate BILLING CODE 6717–01–P Description: Tariff Amendment: Filing: IPC–PAC JOOA—True-up Supplement to Notice of Market-Based Changes and Correction of Clerical Rate Schedule Revisions to be effective Errors to be effective 10/30/2015. DEPARTMENT OF ENERGY 5/17/2016. Filed Date: 4/27/16. Filed Date: 4/27/16. Accession Number: 20160427–5251. Federal Energy Regulatory Accession Number: 20160427–5198. Comments Due: 5 p.m. ET 5/18/16. Commission Comments Due: 5 p.m. ET 5/18/16. Docket Numbers: ER16–1508–000. Docket Numbers: ER16–1220–001. Applicants: Southern California Notice of Commission Staff Applicants: Utility Contract Funding, Edison Company. Attendance L.L.C. Description: Section 205(d) Rate The Federal Energy Regulatory Description: Tariff Amendment: Filing: 2016 Revised Added Facilities Commission (Commission) hereby gives Supplement to Notice of Market-Based Rate under WDAT—Filing No. 10 to be notice that members of the Rate Schedule Revisions to be effective effective 1/1/2016. Commission’s staff may attend the 5/17/2016. Filed Date: 4/27/16. following meetings related to the Filed Date: 4/27/16. Accession Number: 20160427–5254. transmission planning activities of the Accession Number: 20160427–5200. Comments Due: 5 p.m. ET 5/18/16. New York Independent System Comments Due: 5 p.m. ET 5/18/16. Take notice that the Commission Operator, Inc. Docket Numbers: ER16–1502–000. received the following electric securities The New York Independent System Applicants: Southwest Power Pool, filings: Inc. Operator, Inc. Joint Electric System Docket Numbers: ES16–29–000. Planning Working Group and Description: Section 205(d) Rate Applicants: DTE Electric Company. Filing: 3194 Prairie Breeze Wind Energy Transmission Planning Advisory Description: Application for Meeting GIA; Cancellation of 2221R1 to be Authorization to Issue Securities and effective 3/29/2016. Request for Exemption from May 5, 2016, 10:00 a.m.–4:00 p.m. (EST) Filed Date: 4/27/16. Competitive bidding Requirement of The above-referenced meeting will be Accession Number: 20160427–5059. DTE Electric Company. via web conference and teleconference. Comments Due: 5 p.m. ET 5/18/16. Filed Date: 4/26/16. The above-referenced meeting is open Docket Numbers: ER16–1503–000. Accession Number: 20160426–5268. to stakeholders. Applicants: Public Service Company Comments Due: 5 p.m. ET 5/17/16. Further information may be found at: of New Mexico. Take notice that the Commission http://www.nyiso.com/public/ Description: Notice of Cancellation of received the following PURPA committees/documents.jsp?com=bic_ Public Service Company of New Mexico 210(m)(3) filings: espwg&directory=2016-05-05.
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The New York Independent System DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Operator, Inc. Business Issues Committee Meeting Federal Energy Regulatory Federal Energy Regulatory Commission Commission May 18, 2016, 10:00 a.m.–4:00 p.m. (EST) Combined Notice of Filings [Project No. 12486–008– Idaho] The above-referenced meeting will be Take notice that the Commission has via web conference and teleconference. received the following Natural Gas Twin Lakes Canal Company; Notice of The above-referenced meeting is open Pipeline Rate and Refund Report filings: Availability of the Final Environmental to stakeholders. Impact Statement for the Bear River Further information may be found at: Filings Instituting Proceedings Narrows Hydroelectric Project http://www.nyiso.com/public/ Docket Numbers: RP16–873–000. committees/documents.jsp?com= Applicants: Elba Express Company, In accordance with the National bic&directory=2016-05-18. L.L.C. Environmental Policy Act of 1969 and the Federal Energy Regulatory The New York Independent System Description: Section 4(d) Rate Filing: Commission (Commission or FERC) Operator, Inc. Operating Committee Fuel Tracker Filing—2016 to be regulations contained in the Code of Meeting effective 6/1/2016. Filed Date: 4/26/16. Federal Regulations (CFR) (18 CFR part May 19, 2016, 10:00 a.m.–4:00 p.m. Accession Number: 20160426–5081. 380 [FERC Order No. 486, 52 FR (EST) Comments Due: 5 p.m. ET 5/9/16. 47897]), the Office of Energy Projects The above-referenced meeting will be Docket Numbers: RP16–874–000. has reviewed the application for license via web conference and teleconference. Applicants: Questar Overthrust for the Bear River Narrows The above-referenced meeting is open Pipeline Company. Hydroelectric Project (FERC No. 12486) to stakeholders. Description: Section 4(d) Rate and prepared a final environmental Further information may be found at: Filing:—14.7—Imbalances on Inactive impact statement (EIS) for the project. http://www.nyiso.com/public/ Contracts Version 1.0.0 to be effective 5/ The proposed project would be committees/documents.jsp?com= 26/2016. located on the Bear River, near the city oc&directory=2016-05-19. Filed Date: 4/26/16. of Preston, in Franklin County, Idaho. Accession Number: 20160426–5115. The project would occupy 243 acres of The New York Independent System Comments Due: 5 p.m. ET 5/9/16. federal land managed by the Bureau of Operator, Inc. Management Committee Land Management. Meeting Docket Numbers: RP16–875–000. Applicants: Cameron Interstate The final EIS contains staff’s May 25, 2016, 10:00 a.m.–4:00 p.m. Pipeline, LLC. evaluation of the applicant’s proposal (EST) Description: Annual Report of and the alternatives for licensing the The above-referenced meeting will be Interruptible Transportation Revenue Bear River Narrows Hydroelectric via web conference and teleconference. Sharing of Cameron Interstate Pipeline, Project. The final EIS documents the The above-referenced meeting is open LLC under RP16–875. views of governmental agencies, non- to stakeholders. Filed Date: 4/26/16. governmental organizations, affected Further information may be found at: Accession Number: 20160426–5138. Indian tribes, the public, the license http://www.nyiso.com/public/ Comments Due: 5 p.m. ET 5/9/16. applicant, and Commission staff. committees/documents.jsp?com= The filings are accessible in the A copy of the final EIS is available for mc&directory=2016-05-25. Commission’s eLibrary system by review at the Commission or may be The discussions at the meetings clicking on the links or querying the viewed on the Commission’s Web site at described above may address matters at docket number. http://www.ferc.gov, using the issue in the following proceedings: Any person desiring to intervene or ‘‘e-Library’’ link. Enter the docket New York Independent System protest in any of the above proceedings number, excluding the last three digits, Operator, Inc., Docket No. ER13–102. must file in accordance with Rules 211 to access the document. For assistance, New York Independent System and 214 of the Commission’s contact FERC Online Support at Operator, Inc., Docket No. ER15–2059. Regulations (18 CFR 385.211 and [email protected] or toll- New York Independent System 385.214) on or before 5:00 p.m. Eastern free at (866) 208–3676, or for TTY, Operator, Inc., Docket No. ER16–120. time on the specified comment date. contact (202) 502–8659. New York Independent System Protests may be considered, but Operator, Inc., Docket No. ER13–1942. intervention is necessary to become a You may also register online at New York Transco, LLC, Docket No. party to the proceeding. http://www.ferc.gov/docs-filing/ ER15–572. eFiling is encouraged. More detailed esubscription.asp to be notified via New York Independent System information relating to filing email of new filings and issuances Operator, Inc., Docket No. ER16–966. requirements, interventions, protests, related to this or other pending projects. For more information, contact James service, and qualifying facilities filings For assistance, contact FERC Online Eason, Office of Energy Market can be found at: http://www.ferc.gov/ Support. Regulation, Federal Energy Regulatory docs-filing/efiling/filing-req.pdf. For For further information, please Commission at (202) 502–8622 or other information, call (866) 208–3676 contact Kenneth Hogan at (202) 502– [email protected]. (toll free). For TTY, call (202) 502–8659. 8434 or at [email protected]. Dated: April 27, 2016. Dated: April 27, 2016. Dated: April 27, 2016. Kimberly D. Bose, Kimberly D. Bose, Kimberly D. Bose, Secretary. Secretary. Secretary. [FR Doc. 2016–10313 Filed 5–2–16; 8:45 am] [FR Doc. 2016–10316 Filed 5–2–16; 8:45 am] [FR Doc. 2016–10314 Filed 5–2–16; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [email protected], (866) 208–3676 (toll free), or (202) 502–8659 Federal Energy Regulatory Federal Energy Regulatory (TTY). In lieu of electronic filing, please Commission Commission send a paper copy to: Secretary, Federal [Project No. 2457–041] Energy Regulatory Commission, 888 Combined Notice of Filings #2 First Street NE., Washington, DC 20426. The first page of any filing should Take notice that the Commission Public Service Company of New Hampshire: Notice of Application include docket number P–2457–041. received the following electric rate The Commission’s Rules of Practice filings: Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for require all intervenors filing documents Docket Numbers: ER10–2437–005. Environmental Analysis, and Soliciting with the Commission to serve a copy of Applicants: Arizona Public Service Comments, Recommendations, that document on each person on the Company. Preliminary Terms and Conditions, and official service list for the project. Description: Notice of Non-Material Preliminary Prescriptions Further, if an intervenor files comments Change in Status of Arizona Public or documents with the Commission Service Company. Take notice that the following relating to the merits of an issue that Filed Date: 4/26/16. hydroelectric application has been filed may affect the responsibilities of a with the Commission and is available Accession Number: 20160426–5191. particular resource agency, they must for public inspection. also serve a copy of the document on Comments Due: 5 p.m. ET 5/17/16. a. Type of Application: New Major that resource agency. Docket Numbers: ER15–2256–004. License. k. This application has been accepted Applicants: Midcontinent b. Project No.: 2457–041. for filing and is now ready for Independent System Operator, Inc. c. Date filed: December 18, 2015. environmental analysis. Description: Compliance filing: 2016– d. Applicant: Public Service Company l. The Project Description: The 04–26 Order 809 Gas Day Compliance of New Hampshire (PSNH). Eastman Falls Project has a total Filing to be effective 11/5/2016. e. Name of Project: Eastman Falls installed capacity of 6.4-megawatts Hydroelectric Project (Eastman Falls Filed Date: 4/26/16. (MW). The project’s average annual Project). generation is 27,871 megawatt-hours. Accession Number: 20160426–5181. f. Location: The existing project is The power generated by the project is Comments Due: 5 p.m. ET 5/17/16. located on the Pemigewasset River in sold to PSNH’s electrical distribution Docket Numbers: ER16–1501–000. Merrimack and Belknap Counties, New customers. Applicants: Midcontinent Hampshire. The project boundary The dam for the Eastman Falls Project Independent System Operator, Inc. includes approximately 476 acres of is located approximately 1.5 miles Description: Section 205(d) Rate federal land. downstream of the U.S. Army Corps of Filing: 2016–04–26_SA 2406 NSP- g. Filed Pursuant to: Federal Power Engineers’ (Corps) Franklin Falls Flood Prairie Rose 2nd Rev. GIA (J183) to be Act, 16 U.S.C. 791(a)–825(r). Control Dam (Franklin Falls Dam). effective 4/27/2016. h. Applicant Contact: Curtis R. While the project boundary for the Filed Date: 4/26/16. Mooney, Project Manager, Public Eastman Falls Project extends through Service Company of New Hampshire, and upstream of Franklin Falls Dam, it Accession Number: 20160426–5106. 780 North Commercial Street, P.O. Box does not encompass Franklin Falls Dam Comments Due: 5 p.m. ET 5/17/16. 330, Manchester, NH 03105–0330; or any Corps facilities. The filings are accessible in the Telephone: (603) 744–8855 or The existing project consists of: (1) A Commission’s eLibrary system by [email protected] 341-foot-long, 37-foot-high concrete clicking on the links or querying the i. FERC Contact: Steve Kartalia, (202) gravity dam that includes: (i) A 341- docket number. 502–6131 or [email protected]. foot-wide spillway with a crest Any person desiring to intervene or j. Deadline for filing motions to elevation of 301 feet above mean sea protest in any of the above proceedings intervene, protests, comments, level (msl) (ii) 6-foot-high steel must file in accordance with Rules 211 recommendations, preliminary terms flashboards with a crest elevation of 307 and 214 of the Commission’s and conditions, and preliminary feet msl; and (iii) a concrete waste gate Regulations (18 CFR 385.211 and prescriptions: 60 days from the issuance with a 16-foot-high, 30-foot-wide steel 385.214) on or before 5:00 p.m. Eastern date of this notice; reply comments are slide gate; (2) a 582-acre impoundment time on the specified comment date. due 105 days from the issuance date of with a normal maximum pool elevation Protests may be considered, but this notice. of 307 feet msl; (3) a 342-foot-long, 8- intervention is necessary to become a The Commission strongly encourages foot-deep floating louver array; (4) party to the proceeding. electronic filing. Please file motions to generating facility No. 1 that includes: eFiling is encouraged. More detailed intervene, protests, comments, (i) A 12.5-foot-high, 15-foot-wide information relating to filing recommendations, preliminary terms headgate structure with a 23.75-foot- requirements, interventions, protests, and conditions, and preliminary high, 17-foot-wide trashrack with 3.5- service, and qualifying facilities filings prescriptions using the Commission’s inch clear-bar spacing; (ii) a 12.5-foot- can be found at: http://www.ferc.gov/ eFiling system at http://www.ferc.gov/ high, 12.5-foot-wide, 21-foot-long docs-filing/efiling/filing-req.pdf. For docs-filing/efiling.asp. Commenters can concrete penstock; (iii) a 40-foot-high, other information, call (866) 208–3676 submit brief comments up to 6,000 20-foot-wide stop log slot; (iv) a 29-foot- (toll free). For TTY, call (202) 502–8659. characters, without prior registration, long, 29-foot-wide, 34-foot-high using the eComment system at http:// concrete and masonry powerhouse Dated: April 26, 2016. www.ferc.gov/docs-filing/ containing a single 1.8–MW turbine- Nathaniel J. Davis, Sr., ecomment.asp. You must include your generator unit; and (v) a 23-foot-wide, Deputy Secretary. name and contact information at the end 14.5-foot-high, 60-foot-long draft tube; [FR Doc. 2016–10256 Filed 5–2–16; 8:45 am] of your comments. For assistance, (5) generating facility No. 2 facility that BILLING CODE 6717–01–P please contact FERC Online Support at includes: (i) An intake structure with a
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20-foot-high, 21-foot-wide headgate TO INTERVENE’’, ‘‘COMMENTS,’’ Dated: April 26, 2016. with two 12.3-foot-wide, 9.3-foot-high ‘‘REPLY COMMENTS,’’ Kimberly D. Bose, trashracks with 3.5-inch clear-bar ‘‘RECOMMENDATIONS,’’ Secretary. spacing; (ii) a 20.8-foot-high, 22.4-foot- ‘‘PRELIMINARY TERMS AND [FR Doc. 2016–10246 Filed 5–2–16; 8:45 am] wide stop log slot; (iii) an 88-foot-long, CONDITIONS,’’ or ‘‘PRELIMINARY BILLING CODE 6717–01–P 78-foot-wide, 56-foot-high concrete and PRESCRIPTIONS;’’ (2) set forth in the masonry powerhouse containing a heading the name of the applicant and single 4.6 MW turbine-generator unit; the project number of the application to DEPARTMENT OF ENERGY and (iv) a 23-foot-wide, 14.5-foot-high, which the filing responds; (3) furnish Federal Energy Regulatory 60-foot-long draft tube; (6) two 245-foot- the name, address, and telephone long, 2.4-kilovolt (kV) generator leads Commission number of the person protesting or that connect the turbine-generator in generating facility No. 1 to a generator intervening; and (4) otherwise comply Combined Notice of Filings with the requirements of 18 CFR bus in generating facility No. 2; (7) four Take notice that the Commission has 110-foot-long, 2.4-kV generator leads 385.2001 through 385.2005. All comments, recommendations, terms and received the following Natural Gas that connect the turbine-generator in Pipeline Rate and Refund Report filings: generating facility No. 2 to a generator conditions or prescriptions must set bus in generating facility No. 2; (8) a forth their evidentiary basis and Filings Instituting Proceedings otherwise comply with the requirements 100-foot-long, 2.4-kV transmission line Docket Numbers: RP16–865–000. that connects the generator bus in of 18 CFR 4.34(b). Agencies may obtain Applicants: Kinder Morgan Louisiana generating facility No.2 to the regional copies of the application directly from Pipeline LLC. grid; and (9) appurtenant facilities. the applicant. A copy of any protest or Description: § 4(d) Rate Filing: Rate The Eastman Falls Project operates in motion to intervene must be served Schedule PALS Cleanup to be effective a run-of-river mode. The existing license upon each representative of the 5/25/2016. (Article 401) requires that the project applicant specified in the particular Filed Date: 4/25/16. release a continuous minimum flow of application. A copy of all other filings Accession Number: 20160425–5082. 410 cubic feet per second, or inflow in reference to this application must be Comments Due: 5 p.m. ET 5/9/16. (whichever is less). PSNH proposes to accompanied by proof of service on all Docket Numbers: RP16–866–000. continue run-of-river operation and to persons listed in the service list Applicants: East Tennessee Natural eliminate the requirement to release a prepared by the Commission in this Gas, LLC. minimum flow. Description: § 4(d) Rate Filing: ETNG m. A copy of the application is proceeding, in accordance with 18 CFR available for review at the Commission 4.34(b) and 385.2010. 2016 Negotiated Rate Cleanup Filing to in the Public Reference Room or may be o. Procedural Schedule: be effective 5/26/2016. Filed Date: 4/25/16. viewed on the Commission’s Web site at The application will be processed Accession Number: 20160425–5084. http://www.ferc.gov using the according to the following revised Comments Due: 5 p.m. ET 5/9/16. ‘‘eLibrary’’ link. Enter the docket Hydro Licensing Schedule. Revisions to number excluding the last three digits in Docket Numbers: RP16–867–000. the schedule may be made as the docket number field to access the Applicants: Texas Eastern appropriate. document. For assistance, contact FERC Transmission, LP. Online Support at FERCOnlineSupport. Description: § 4(d) Rate Filing: Milestone Target date A copy of the application is also Negotiated Rates—May 2016 Chevron TEAM 2014 Release to be effective 5/1/ available for inspection and Filing of recommendations, June 2016. reproduction at the address in item h 2016. preliminary terms and Filed Date: 4/25/16. above. conditions, and prelimi- Register online at http:// nary prescriptions. Accession Number: 20160425–5089. www.ferc.gov/docs-filing/ Commission issues Envi- October 2016. Comments Due: 5 p.m. ET 5/9/16. esubscription.asp to be notified via ronmental Assessment. Docket Numbers: RP16–868–000. email of new filings and issuances Comments on Environ- November 2016. Applicants: Cameron Interstate related to this or other pending projects. mental Assessment. Pipeline, LLC. For assistance, contact FERC Online Modified terms and condi- December 2016. Description: Annual Report of Penalty Support. tions. Revenues of Cameron Interstate n. Anyone may submit comments, a Pipeline, LLC. protest, or a motion to intervene in p. Final amendments to the Filed Date: 4/25/16. accordance with the requirements of application must be filed with the Accession Number: 20160425–5212. Rules of Practice and Procedure, 18 CFR Commission no later than 30 days from Comments Due: 5 p.m. ET 5/9/16. 385.210, .211, and .214. In determining the issuance date of this notice. Docket Numbers: RP16–869–000. the appropriate action to take, the Applicants: Cameron Interstate Commission will consider all protests or q. A license applicant must file no Pipeline, LLC. other comments filed, but only those later than 60 days following the date of Description: Annual Report of who file a motion to intervene in issuance of the notice of acceptance and Transportation Imbalances and Cash-out accordance with the Commission’s ready for environmental analysis Activity of Cameron Interstate Pipeline, Rules may become a party to the provided for in 5.22: (1) A copy of the LLC. proceeding. Any comments, protests, or water quality certification; (2) a copy of Filed Date: 4/25/16. motions to intervene must be received the request for certification, including Accession Number: 20160425–5213. on or before the specified comment date proof of the date on which the certifying Comments Due: 5 p.m. ET 5/9/16. for the particular application. agency received the request; or (3) Docket Numbers: RP16–870–000. All filings must (1) bear in all capital evidence of waiver of water quality Applicants: Cameron Interstate letters the title ‘‘PROTEST’’, ‘‘MOTION certification. Pipeline, LLC.
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Description: Annual Report of Dated: April 26, 2016. at [email protected], telephone Operational Imbalances and Cash-out Nathaniel J. Davis, Sr., at (202) 502–8663, and fax at (202) 273– Activity of Cameron Interstate Pipeline, Deputy Secretary. 0873. LLC. [FR Doc. 2016–10257 Filed 5–2–16; 8:45 am] SUPPLEMENTARY INFORMATION: The Filed Date: 4/25/16. BILLING CODE 6717–01–P Commission will submit the reporting Accession Number: 20160425–5214. and recordkeeping requirements of Comments Due: 5 p.m. ET 5/9/16. proposed Reliability Standard FAC– Docket Numbers: RP16–871–000. DEPARTMENT OF ENERGY 003–4 (Transmission Vegetation Applicants: Cameron Interstate Federal Energy Regulatory Management) to OMB for review. Pipeline, LLC. Commission Proposed Reliability Standard FAC– Description: Annual Report of 003–4 replaces the requirements from Operational Imbalances and Cash-out [Docket No. RD16–4–000] the previous version of the Reliability Activity of Cameron Interstate Pipeline, Standard (FAC–003–3),1 which is LLC. Proposed Agency Information approved under FERC–725M Collection Filed Date: 4/25/16. (Mandatory Reliability Standards: Accession Number: 20160425–5217. AGENCY: Federal Energy Regulatory Generator Requirements at the Comments Due: 5 p.m. ET 5/9/16. Commission. Transmission Interface, OMB Control No. 1902–0263). Docket Numbers: RP16–872–000. ACTION: Notice and request for Applicants: El Paso Natural Gas comments. Type of Request: Three-year approval Company, L.L.C. of the revised FERC–725M information SUMMARY: The Federal Energy Description: § 4(d) Rate Filing: Non- collection requirements with the stated Regulatory Commission (Commission) Conforming Negotiated Rate Service changes to the current reporting and invites public comment in Docket No. Agreement Filing (Anadarko) to be record retention requirements. RD16–4–000 on a proposed change to a effective 5/25/2016. Abstract: The Commission requires collection of information (FERC–725M) the information collected by the FERC– Filed Date: 4/25/16. that the Commission is developing for Accession Number: 20160425–5292. 725M to implement the statutory submission to the Office of Management provisions of section 215 of the Federal Comments Due: 5 p.m. ET 5/9/16. and Budget (OMB) pursuant to the Power Act (FPA).2 On August 8, 2005, Any person desiring to intervene or Paperwork Reduction Act of 1995. Congress enacted into law the protest in any of the above proceedings Comments are invited on: (a) Whether Electricity Modernization Act of 2005, must file in accordance with Rules 211 the proposed collection of information which is Title XII, Subtitle A, of the and 214 of the Commission’s is necessary for the proper performance Energy Policy Act of 2005 (EPAct Regulations (18 CFR 385.211 and of the functions of the agency, including 2005).3 EPAct 2005 added a new section § 385.214) on or before 5:00 p.m. Eastern whether the information shall have 215 to the FPA, which requires a time on the specified comment date. practical utility; (b) the accuracy of the Commission-certified Electric Protests may be considered, but agency’s estimate of the burden of the Reliability Organization (ERO) to intervention is necessary to become a proposed collection of information, develop mandatory and enforceable party to the proceeding. including the validity of the Reliability Standards, which are subject methodology and assumptions used; (c) Filings in Existing Proceedings to Commission review and approval. ways to enhance the quality, utility, and Once approved, the Reliability Docket Numbers: RP15–1026–001. clarity of the information to be Standards may be enforced by the ERO collected; and (d) ways to minimize the Applicants: Maritimes & Northeast subject to Commission oversight, or the burden of the collection of information Pipeline, L.L.C. Commission can independently enforce on respondents, including through the Description: Compliance filing MNUS Reliability Standards.4 Settlement Filing to be effective 5/1/ use of automated collection techniques 2016. or other forms of information On February 3, 2006, the Commission Filed Date: 4/25/16. technology. issued Order No. 672, implementing section 215 of the FPA.5 Pursuant to Accession Number: 20160425–5216. DATES: Comments regarding this Order No. 672, the Commission certified Comments Due: 5 p.m. ET 5/9/16. proposed information collection must one organization, the North American Any person desiring to protest in any be received on or before July 5, 2016. Electric Reliability Corporation (NERC), of the above proceedings must file in ADDRESSES: Comments, identified by accordance with Rule 211 of the docket number, may be filed in the 1 Reliability Standard FAC–003–3 was approved Commission’s Regulations (18 CFR following ways: in Order No. 785 in Docket No. RM12–16–000. 385.211) on or before 5:00 p.m. Eastern • Electronic Filing through http:// Revisions to Reliability Standard for Transmission time on the specified comment date. www.ferc.gov. Documents created Vegetation Management, Order No. 777, 142 FERC ¶ 61,208 (2013). The associated reporting and The filings are accessible in the electronically using word processing recordkeeping requirements in FAC–003–3 were Commission’s eLibrary system by software should be filed in native approved by OMB on Dec. 17, 2013, under FERC– clicking on the links or querying the applications or print-to-PDF format and 725M. docket number. not in a scanned format. 2 16 U.S.C. 824o (2012). • Mail/Hand Delivery: Those unable 3 Energy Policy Act of 2005, Pub. L. 109–58, Title eFiling is encouraged. More detailed XII, Subtitle A, 119 Stat. 594, 941 (codified at 16 information relating to filing to file electronically may mail or hand- U.S.C. 824o). requirements, interventions, protests, deliver an original of their comments to: 4 16 U.S.C. 824o(e)(3). service, and qualifying facilities filings Federal Energy Regulatory Commission, 5 Rules Concerning Certification of the Electric can be found at: http://www.ferc.gov/ Secretary of the Commission, 888 First Reliability Organization; and Procedures for the Street NE., Washington, DC 20426. Establishment, Approval, and Enforcement of docs-filing/efiling/filing-req.pdf. For Electric Reliability Standards, Order No. 672, FERC other information, call (866) 208–3676 FOR FURTHER INFORMATION CONTACT: Stats. & Regs. ¶ 31,204, order on reh’g, Order No. (toll free). For TTY, call (202) 502–8659. Ellen Brown may be reached by email 672–A, FERC Stats. & Regs. ¶ 31,212 (2006).
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as the ERO.6 The Reliability Standards that NERC develop empirical evidence Estimate of Annual Burden.11 The developed by the ERO and approved by that either confirms assumptions used burden and cost estimates below are the Commission apply to users, owners in calculating the MVCD values based based on the number of transmission and operators of the Bulk-Power System on the Gallet equation, or gives reason owners and generator owners as as set forth in each Reliability Standard. to revisit the Reliability Standard.’’ 8 reflected in NERC’s current registry (i.e., On March 14, 2016, NERC filed a NERC states in its petition that updated since the Commission’s petition for Commission approval of preliminary testing conducted by EPRI approval of earlier versions of FAC– proposed Reliability Standard FAC– indicated that the gap factor used to 003). 003–4 (Transmission Vegetation calculate MVCDs should be adjusted. Transmission owners and applicable Management). NERC states in its NERC further explains that proposed generator owners have a one-time petition that proposed Reliability Reliability Standard FAC–003–4 burden to review and modify existing Standard FAC–003–4 reflects revisions proposes higher and more conservative documentation, plans and procedures, to the current Minimum Vegetation MVCD values, and therefore maintains as well as an ongoing burden to retain Clearance Distances (MVCDs) in that these revisions will ‘‘enhance records. Our estimate of the number of Reliability Standard FAC–003–3 based reliability and provide additional respondents affected is based on the on additional testing regarding the confidence by applying a more NERC Compliance Registry as of appropriate gap factor to be used to conservative approach to determining February 25, 2016. According to the calculate clearance distances for the vegetation clearing distances.’’ 9 Compliance Registry, NERC has vegetation. NERC explains that in NERC states that the revised clearances registered 320 transmission owners and response to the Commission’s directive as reflected in Table 2 were moved into 940 generator owners within the United as part of its approval of an earlier the text of the proposed Reliability States, and we estimate that version of the Reliability Standard, Standard, and that MVCD values were approximately 10 percent (or 94) of the FAC–003–2, NERC contracted with the added for elevations up to 15,000 feet, registered generator owners have Electric Power Research Institute (EPRI) but that no other substantive changes interconnection facilities that meet the to conduct this testing.7 As NERC notes, were made to the currently-effective requirements for applicability under the when the Commission approved Reliability Standard FAC–003–3.10 new standard. The estimated annual Reliability Standard FAC–003–2, the Type of Respondents: Transmission burden and cost of the new standard Commission stated that ‘‘it is important Owner (TO); and Generator Owner (GO). follow.12
FERC–725M, CHANGES DUE TO FAC–003–4 IN DOCKET NO. RD16–4–000
Requirements/ Number of Number of Total number Average burden hours Total annual burden Total annual 13 14 responses per and cost per cost per Measures respondents respondent of responses response hours and cost respondent
(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) ($)
Strategies, documenta- 414 1 414 4 hrs.; $248.64 ...... 1,656 hrs.; $248.64 tion, processes, & pro- $102,936.96 [@ cedures (M3) [one- $62.16/hr.]. time]. Record Retention (Com- 414 1 414 1 hr.; $31.76 ...... 414 hrs.; $13,148.64 $31.76 pliance 1.2) [ongoing]. [@$31.76/hr.].
Total Net Change, 828 2,070 hrs.; due to RD16–4. $116,085.60.
6 North American Electric Reliability Corp., 116 provide information to or for a federal agency. See 13 The Order in Docket No. RD16–4 does not FERC ¶ 61,062, order on reh’g and compliance, 117 5 CFR 1320 for additional information on the modify the following requirements. However, due FERC ¶ 61,126 (2006), order on compliance, 118 definition of information collection burden. to normal fluctuations in industry, the number of FERC ¶ 61,190, order on reh’g, 119 FERC ¶ 61,046 12 The estimates for cost per hour (for salary plus respondents (TOs and GOs), in the submittal to (2007), aff’d sub nom. Alcoa Inc. v. FERC, 564 F.3d benefits) are derived from the Bureau of Labor and OMB will be updated as follows. 1342 (D.C. Cir. 2009). Statistics’ figures for May 2015 (at http:// • The Quarterly Reporting (Compliance 1.4) is 7 NERC Petition at 7 (citing Order No. 777, 142 www.bls.gov/oes/current/naics2_22.htm#11-0000 required of 102 respondents (94 GOs and 8 Regional FERC ¶ 61,208 (2013)). and benefits [updated March 10, 2016] at http:// Entities), rather than 96 respondents. 8 Order No. 777, 142 FERC ¶ 61,208 at P 3. www.bls.gov/news.release/ecec.nr0.htm), as • The requirements for Annual Vegetation 9 NERC Petition at 3. follows: Inspection Document (M6), annual vegetation work 10 Id. at 12, and n. 37 (describing certain non- • $62.16/hour for salary plus benefits [based on substantive edits to the standard and the average for an electrical engineer (code 17– plan (M7), evidence of management of vegetation implementation plan as compared to the currently- 2071, at $64.20/hour), a first-line supervisor of (M1 and M2), confirmed vegetation condition (M4), effective version of the standard). forestry workers (code 45–1011, at $33.34/hour), and corrective action (M5) are required of 94 11 The Commission defines burden as the total and a manager (code 11–0000, at $88.94/hour)] respondents (rather than 88). time, effort, or financial resources expended by • $31.76/hour, salary plus benefits for an 14 We estimate a total of 414 respondents (320 persons to generate, maintain, retain, or disclose or information and record clerk (code 43–4000). TOs and 94 GOs) are affected.
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Dated: April 26, 2016. above list. They are also available for Commission’s policy that agencies that Nathaniel J. Davis, Sr., electronic review in the Commission’s cooperate in the preparation of the Deputy Secretary. Public Reference Room in Washington, environmental document cannot also [FR Doc. 2016–10259 Filed 5–2–16; 8:45 am] DC. There is an eSubscription link on intervene. See 94 FERC ¶ 61,076 (2001). BILLING CODE 6717–01–P the Web site that enables subscribers to k. With this notice, we are initiating receive email notification when a informal consultation with: (a) The U.S. document is added to a subscribed Fish and Wildlife Service and/or NOAA DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Fisheries under section 7 of the Online service, please email Endangered Species Act and the joint Federal Energy Regulatory [email protected]. or call agency regulations thereunder at 50 CFR Commission (866) 208–3676 (toll free). For TTY, call part 402 and (b) the State Historic Preservation Officer, as required by [Docket No. ER16–1398–001] (202) 502–8659. section 106, National Historic Dated: April 26, 2016. Preservation Act, and the implementing Provision Power & Gas, LLC; Nathaniel J. Davis, Sr., Supplemental Notice That Initial regulations of the Advisory Council on Deputy Secretary. Market-Based Rate Filing Includes Historic Preservation at 36 CFR 800.2. Request for Blanket Section 204 [FR Doc. 2016–10258 Filed 5–2–16; 8:45 am] l. With this notice, we are designating Authorization BILLING CODE 6717–01–P French Paper Company as the Commission’s non-federal This is a supplemental notice in the representative for carrying out informal above-referenced proceeding of DEPARTMENT OF ENERGY consultation, pursuant to section 7 of Provision Power & Gas, LLC‘s the Endangered Species Act and section application for market-based rate Federal Energy Regulatory 106 of the National Historic authority, with an accompanying rate Commission Preservation Act. tariff, noting that such application [Project No. 10624–025] m. French Paper Company filed with includes a request for blanket the Commission a Pre-Application authorization, under 18 CFR part 34, of French Paper Company; Notice of Document (PAD; including a proposed future issuances of securities and Intent To File License Application, process plan and schedule), pursuant to assumptions of liability. Filing of Pre-Application Document 18 CFR 5.6 of the Commission’s Any person desiring to intervene or to (Pad), Commencement of Pre-Filing regulations. protest should file with the Federal Process, and Scoping; Request for n. A copy of the PAD is available for Energy Regulatory Commission, 888 Comments on the Pad and Scoping review at the Commission in the Public First Street NE., Washington, DC 20426, Document, and Identification of Issues Reference Room or may be viewed on in accordance with Rules 211 and 214 and Associated Study Requests the Commission’s Web site (http:// of the Commission’s Rules of Practice www.ferc.gov), using the ‘‘eLibrary’’ and Procedure (18 CFR 385.211 and a. Type of Filing: Notice of Intent to link. Enter the docket number, 385.214). Anyone filing a motion to File License Application for a New excluding the last three digits in the intervene or protest must serve a copy License and Commencing Pre-filing docket number field to access the of that document on the Applicant. Process. document. For assistance, contact FERC Notice is hereby given that the b. Project No.: 10624–025. Online Support at deadline for filing protests with regard c. Dated Filed: February 26, 2016. [email protected], (866) to the applicant’s request for blanket d. Submitted By: French Paper 208–3676 (toll free), or (202) 502–8659 authorization, under 18 CFR part 34, of Company. (TTY). A copy is also available for future issuances of securities and e. Name of Project: French Paper inspection and reproduction at the assumptions of liability, is May 16, Project. address in paragraph h. 2016. f. Location: The French Paper Project Register online at http:// The Commission encourages is located on the St. Joseph River in the www.ferc.gov/docs-filing/ electronic submission of protests and City of Niles, Michigan. The project esubscription.asp to be notified via interventions in lieu of paper, using the does not occupy federal land. email of new filing and issuances FERC Online links at http:// g. Filed Pursuant to: 18 CFR part 5 of related to this or other pending projects. www.ferc.gov. To facilitate electronic the Commission’s Regulations. For assistance, contact FERC Online service, persons with Internet access h. Potential Applicant Contact: Shane Support. who will eFile a document and/or be Fenske, Vice President of Operations, o. With this notice, we are soliciting listed as a contact for an intervenor French Paper Company, 100 French comments on the PAD and must create and validate an Street, Niles, Michigan 49120; (269) Commission’s staff Scoping Document 1 eRegistration account using the 683–1100; [email protected]. (SD1), as well as study requests. All eRegistration link. Select the eFiling i. FERC Contact: Jay Summers at (202) comments on the PAD and SD1, and link to log on and submit the 502–8764 or email at jay.summers@ study requests should be sent to the intervention or protests. ferc.gov. address above in paragraph h. In Persons unable to file electronically j. Cooperating agencies: Federal, state, addition, all comments on the PAD and should submit an original and 5 copies local, and tribal agencies with SD1, study requests, requests for of the intervention or protest to the jurisdiction and/or special expertise cooperating agency status, and all Federal Energy Regulatory Commission, with respect to environmental issues communications to and from 888 First Street NE., Washington, DC that wish to cooperate in the Commission staff related to the merits of 20426. preparation of the environmental the potential application must be filed The filings in the above-referenced document should follow the with the Commission. proceeding are accessible in the instructions for filing such requests The Commission strongly encourages Commission’s eLibrary system by described in paragraph o below. electronic filing. Please file all clicking on the appropriate link in the Cooperating agencies should note the documents using the Commission’s
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eFiling system at http://www.ferc.gov/ Location: Four Flags Area Chamber of Dated: April 26, 2016. docs-filing/efiling.asp. Commenters can Commerce, 321 E. Main Street, Niles, Kimberly D. Bose, submit brief comments up to 6,000 Michigan 49120. Secretary. characters, without prior registration, Phone Number: (269) 683–3720. [FR Doc. 2016–10247 Filed 5–2–16; 8:45 am] using the eComment system at http:// Scoping Document 1 (SD1), which BILLING CODE 6717–01–P www.ferc.gov/docs-filing/ outlines the subject areas to be ecomment.asp. You must include your addressed in the environmental name and contact information at the end document, was mailed to the of your comments. For assistance, individuals and entities on the ENVIRONMENTAL PROTECTION please contact FERC Online Support at Commission’s mailing list. Copies of AGENCY [email protected]. In lieu of SD1 will be available at the scoping [FRL–9946–03–OECA] electronic filing, please send a paper meetings, or may be viewed on the web copy to: Secretary, Federal Energy at http://www.ferc.gov, using the Proposed Information Collection Regulatory Commission, 888 First Street ‘‘eLibrary’’ link. Follow the directions Request; Comment Request NE., Washington, DC 20426. The first for accessing information in paragraph page of any filing should include docket n. Based on all oral and written AGENCY: Environmental Protection number P–10624–025. comments, a Scoping Document 2 (SD2) Agency (EPA). All filings with the Commission must may be issued. SD2 may include a ACTION: Notice. bear the appropriate heading: revised process plan and schedule, as ‘‘Comments on Pre-Application well as a list of issues, identified SUMMARY: The Environmental Protection Document,’’ ‘‘Study Requests,’’ through the scoping process. Agency is planning to submit the below listed information collection requests ‘‘Comments on Scoping Document 1,’’ Environmental Site Review ‘‘Request for Cooperating Agency (ICR) (See item specific ICR title, EPA Status,’’ or ‘‘Communications to and The potential applicant and ICR Number and OMB Control Number from Commission Staff.’’ Any Commission staff will conduct an provided in the text) to the Office of individual or entity interested in Environmental Site Review of the Management and Budget (OMB) for submitting study requests, commenting project on Wednesday, May 11, 2016, review and approval in accordance with on the PAD or SD1, and any agency starting at 2:00 p.m. All participants the Paperwork Reduction Act (44 U.S.C. requesting cooperating status must do so should meet at French Paper Dam, 3501 et seq.). Before doing so, EPA is by June 25, 2016. located at 100 French Street, Niles, soliciting public comments on specific p. Although our current intent is to Michigan 49120. All participants are aspects of the proposed information prepare an environmental assessment responsible for their own transportation. collection as described below. These are (EA), there is the possibility that an Please notify Shane Fenske at (269) proposed extensions of the currently Environmental Impact Statement (EIS) 683–1100, or [email protected] approved ICRs. An Agency may not will be required. Nevertheless, this by May 6, 2016, if you plan to attend the conduct or sponsor and a person is not meeting will satisfy the NEPA scoping environmental site review. required to respond to a collection of information unless it displays a requirements, irrespective of whether an Meeting Objectives EA or EIS is issued by the Commission. currently valid OMB control number. At the scoping meetings, staff will: (1) DATES: Comments must be submitted on Scoping Meetings Initiate scoping of the issues; (2) review or before July 5, 2016. and discuss existing conditions and Commission staff will hold two ADDRESSES: Submit your comments, resource management objectives; (3) scoping meetings in the vicinity of the referencing the Docket ID numbers review and discuss existing information project at the time and place noted provided for each item in the text, and identify preliminary information below. The daytime meeting will focus online using www.regulations.gov (our and study needs; (4) review and discuss on resource agency, Indian tribes, and preferred method), by email to the process plan and schedule for pre- non-governmental organization [email protected], or by mail to: EPA filing activity that incorporates the time concerns, while the evening meeting is Docket Center, Environmental frames provided for in Part 5 of the primarily for receiving input from the Protection Agency, Mail Code 28221T, Commission’s regulations and, to the public. We invite all interested 1200 Pennsylvania Ave. NW., extent possible, maximizes coordination individuals, organizations, and agencies Washington, DC 20460. of federal, state, and tribal permitting to attend one or both of the meetings, EPA’s policy is that all comments and certification processes; and (5) and to assist staff in identifying received will be included in the public discuss the appropriateness of any particular study needs, as well as the docket without change including any federal or state agency or Indian tribe scope of environmental issues to be personal information provided, unless acting as a cooperating agency for addressed in the environmental the comment includes profanity, threats, development of an environmental document. The times and locations of information claimed to be Confidential these meetings are as follows: document. Meeting participants should come Business Information (CBI) or other Daytime Scoping Meeting prepared to discuss their issues and/or information whose disclosure is restricted by statute. Date and Time: Thursday, May 12, concerns. Please review the PAD in 2016 at 9:00 a.m. preparation for the scoping meetings. FOR FURTHER INFORMATION CONTACT: Location: Four Flags Area Chamber of Directions on how to obtain a copy of Patrick Yellin, Monitoring, Assistance, Commerce, 321 E. Main Street, Niles, the PAD and SD1 are included in and Media Programs Division, Office of Michigan 49120. paragraph n of this document. Compliance, Mail Code 2227A, Phone Number: (269) 683–3720. Environmental Protection Agency, 1200 Meeting Procedures Pennsylvania Ave. NW., Washington, Evening Scoping Meeting The meetings will be recorded by a DC 20460; telephone number: (202) Date and Time: Wednesday, May 11, stenographer and will be placed in the 564–2970; fax number: (202) 564–0050; 2016 at 6:30 p.m. public records of the project. email address: [email protected].
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SUPPLEMENTARY INFORMATION: Off-Site Waste and Recovery Operations Estimated annual cost: $2,200,000, Supporting documents which explain in (40 CFR part 63, subpart DD); EPA ICR includes $14,800 annualized capital or detail the information that the EPA will Number 1717.10, OMB Control Number O&M costs. be collecting are available in the public 2060–0313; Expiration Date: October 31, Changes in Estimates: There is no docket for this ICR. The docket can be 2016. change in burden hours from the viewed online at www.regulations.gov Respondents: Waste management and previous ICR. or in person at the EPA Docket Center, recovery facilities. (4) Docket ID Number: EPA–HQ– EPA West, Room 3334, 1301 Respondent’s obligation to respond: OECA–2013–0341; Title: NESHAP for Constitution Ave. NW., Washington, Mandatory (40 CFR part 63, subpart Plywood and Composite Products (40 DC. The telephone number for the DD). CFR parts 63, Subpart DDDD); EPA ICR Docket Center is 202–566–1744. For Estimated number of respondents: Number 1984.06, OMB Control Number additional information about EPA’s 236 (total). 2060–0552; Expiration Date: October 31, public docket, visit http://www.epa.gov/ Frequency of response: Initially, 2016. dockets. occasionally and semiannually. Respondents: Plywood and composite Pursuant to section 3506(c)(2)(A) of Estimated annual burden: 179,000 wood products (PCWP) facilities. the PRA, EPA is soliciting comments hours. Respondent’s obligation to respond: and information to enable it to: (i) Estimated annual cost: $17,500,000, Mandatory (40 CFR part 63, subpart Evaluate whether the proposed includes $5,810 annualized capital or DDDD). collection of information is necessary operation & maintenance (O&M) costs. Estimated number of respondents: for the proper performance of the Changes in Estimates: There is no 228 (total). functions of the Agency, including change in burden hours from the Frequency of response: Initially, whether the information will have previous ICR. occasionally, and semiannually. practical utility; (ii) evaluate the (2) Docket ID Number: EPA–HQ– Estimated annual burden: 11,700 accuracy of the Agency’s estimate of the OECA–2012–0679; Title: NESHAP for hours. burden of the proposed collection of Petroleum Refineries: Catalytic Cracking Estimated annual cost: $1,160,000, information, including the validity of Units, Reforming and Sulfur Units (40 includes $16,000 annualized capital or the methodology and assumptions used; CFR part 63, subpart UUU); EPA ICR O&M costs. (iii) enhance the quality, utility, and Number 1844.07, OMB Control Number Changes in Estimates: There is no clarity of the information to be 2060–0554; Expiration Date: October 31, change in burden hours from the collected; and (iv) minimize the burden 2016. previous ICR. of the collection of information on those Respondents: Petroleum refineries (5) Docket ID Number: EPA–HQ– who are to respond, including through with catalytic cracking units, catalytic OECA–2013–0318; Title: NSPS for the use of appropriate automated reforming units and/or sulfur recovery Magnetic Tape Coating Facilities (40 electronic, mechanical, or other units. CFR part 60, subpart SSS); EPA ICR technological collection techniques or Respondent’s obligation to respond: Number 1135.12, OMB Control Number other forms of information technology, Mandatory (40 CFR part 63, subpart 2060–0171; Expiration Date: November e.g., permitting electronic submission of UUU). 30, 2016. responses. Burden is defined at 5 CFR Estimated number of respondents: Respondents: Magnetic tape coating 1320.03(b). EPA will consider the 123 (total). facilities constructed or modified after comments received and amend the ICR Frequency of response: Initially, January 22, 1986. as appropriate. The final ICR package occasionally, and semiannually. Respondent’s obligation to respond: will then be submitted to OMB for Estimated annual burden: 10,200 Mandatory (40 CFR part 60, subpart review and approval. At that time, EPA hours. SSS). will issue another Federal Register Estimated annual cost: $9,400,000, Estimated number of respondents: 6 notice to announce the submission of includes $8,400,000 annualized capital (total). the ICR to OMB and the opportunity to or O&M costs. Frequency of response: Initially, submit additional comments to OMB. Changes in Estimates: There is an occasionally and semiannually. General Abstract: For all the listed expected increase in burden hours due Estimated annual burden: 2,020 ICRs in this notice, owners and to expected modification of existing hours. operators of affected facilities are facilities. Estimated annual cost: $283,000, required to comply with reporting and (3) Docket ID Number: EPA–HQ– includes $86,400 annualized capital or record keeping requirements for the OECA–2013–0338; Title: NESHAP for O&M costs. general provisions of 40 CFR part 60, the Manufacture of Amino/Phenolic Changes in Estimates: There is no subpart A or Part 63, Subpart A, as well Resins (40 CFR part 63, subpart OOO); change in burden hours from the as the applicable specific standards. EPA ICR Number 1869.08, OMB Control previous ICR. This includes submitting initial Number 2060–0434; Expiration Date: (6) Docket ID Number: EPA–HQ– notifications, performance tests and October 31, 2016. OECA–2013–0334; Title: NSPS for periodic reports and results, and Respondents: Facilities that Secondary Brass and Bronze maintaining records of the occurrence manufacture amino/phenolic resins. Production, Primary Copper Smelters, and duration of any startup, shutdown, Respondent’s obligation to respond: Primary Zinc Smelters, Primary Lead or malfunction in the operation of an Mandatory (40 CFR part 63, subpart Smelters, Primary Aluminum Reduction affected facility, or any period during OOO). Plants, and Ferroalloy Production which the monitoring system is Estimated number of respondents: 37 Facilities (40 CFR part 60, subparts M, inoperative. These reports are used by (total). P, Q, R, S, Z); EPA ICR Number 1604.11, EPA to determine compliance with the Frequency of response: Initially, OMB Control Number 2060–0110; standards. occasionally, and semiannually. Expiration Date: November 30, 2016. (1) Docket ID Number: EPA–HQ– Estimated annual burden: 22,400 Respondents: Secondary brass or OECA–2013–0336; Title: NESHAP for hours. bronze production facilities; primary
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copper, primary zinc, and primary lead (9) Docket ID Number: EPA–HQ– Estimated annual cost: $13,900,000, facilities; primary aluminum reduction OECA–2013–0313; Title: NSPS for includes $136,000 annualized capital or facilities; and ferroalloy production Stationary Gas Turbines (40 CFR part O&M costs. facilities. 60, subpart GG); EPA ICR Number Changes in Estimates: There is no Respondent’s obligation to respond: 1071.12, OMB Control Number 2060– change in burden hours from the Mandatory (40 CFR part 60, subparts M, 0028; Expiration Date: December 31, previous ICR. P, Q, R, S, and Z). 2016. (12) Docket ID Number: EPA–HQ– Estimated number of respondents: 19 Respondents: Stationary gas turbines. OECA–2013–0340; Title: NESHAP for (total). Respondent’s obligation to respond: Stationary Reciprocating Internal Frequency of response: Initially, Mandatory (40 CFR part 60, subpart Combustion Engines (40 CFR part 63, occasionally, semiannually, and GG). subpart ZZZZ); EPA ICR Number annually. Estimated number of respondents: 1975.10, OMB Control Number 2060– Estimated annual burden: 4,960 535 (total). 0548; Expiration Date: December 31, hours. Frequency of response: Initially and 2016. Estimated annual cost: $612,000 semiannually. Respondents: Stationary reciprocating includes $127,000 annualized capital or Estimated annual burden: 68,400 internal combustion engines. O&M costs. hours. Respondent’s obligation to respond: Changes in Estimates: There is no Estimated annual cost: $6,700,000, Mandatory (40 CFR part 63, subpart change in burden hours from the includes $0 annualized capital or O&M ZZZZ). previous ICR. costs. Estimated number of respondents: (7) Docket ID Number: EPA–HQ– Changes in Estimates: There is no 903,000 (total). OECA–2013–0339; Title: NESHAP for change in burden hours from the Frequency of response: Initially, Boat Manufacturing (40 CFR part 63, previous ICR. occasionally, semiannually, and subpart VVVV); EPA ICR Number (10) Docket ID Number: EPA–HQ– annually. 1966.06, OMB Control Number 2060– OECA–2013–0333; Title: Standards of Estimated annual burden: 3,430,000 0546; Expiration Date: November 30, Performance for Air Emission Standards hours. 2016. for Tanks, Surface Impoundments and Estimated annual cost: $425,000,000, Respondents: Boat manufacturing Containers (40 CFR part 264, subpart CC includes $27,900,000 annualized capital facilities. and 40 CFR part 265, subpart CC); EPA or O&M costs. Respondent’s obligation to respond: ICR Number 1593.10, OMB Control Changes in Estimates: There is an Mandatory (40 CFR part 63, subpart Number 2060–0318; Expiration Date: expected increase in burden hours due VVVV); December 31, 2016. to an increase in the respondent Estimated number of respondents: Respondents: Facilities that treat, universe. 144 (total). Frequency of response: Initially, store, or dispose of hazardous wastes in (13) Docket ID Number: EPA–HQ– occasionally, and semiannually. tanks, surface impoundments, and OECA–2013–0346; Title: NESHAP for Estimated annual burden: 23,500 containers. Acrylic/Modacrylic Fibers Prod., Carbon hours. Respondent’s obligation to respond: Black Prod., Chemical Mfg: Chromium Estimated annual cost: $2,300,000, Mandatory (40 CFR part 264, subpart CC Compounds, Flexible Polyurethane includes $800 annualized capital or and 40 CFR part 265, subpart CC). Foam Production/Fabrication, Lead O&M costs. Estimated number of respondents: Acid Battery Mfg, Wood Preserving (40 Changes in Estimates: There is no 6,200 (total). CFR part 63, subparts LLLLLL, change in burden hours from the Frequency of response: Occasionally. MMMMMM, NNNNNN, OOOOOO, previous ICR. Estimated annual burden: 712,000 PPPPPP, and QQQQQQ); EPA ICR hours. (8) Docket ID Number: EPA–HQ– Number 2256.05, OMB Control Number Estimated annual cost: $82,100,000, OECA–2013–0345; Title: NESHAP for 2060–0598; Expiration Date: December includes $12,400,000 annualized capital Metal Can Manufacturing Surface 31, 2016. or O&M costs. Coating (40 CFR part 63, subpart Respondents: Acrylic or modacrylic Changes in Estimates: There is no KKKK); EPA ICR Number 2079.06, OMB fibers production plants, carbon black change in burden hours from the Control Number 2060–0541; Expiration production plants, chemical previous ICR. Date: November 30, 2016. manufacturing that use chromite ore as Respondents: Metal can (11) Docket ID Number: EPA–HQ– the basic feedstock, flexible manufacturing facilities that use 1,500 OECA–2013–0335; Title: NESHAP for polyurethane foam manufacturing or gallons or more of surface coatings. Aerospace Manufacturing and Rework fabrication facilities, lead acid battery Respondent’s obligation to respond: Facilities (40 CFR part 63, subpart GG); manufacturing facilities, and wood Mandatory (40 CFR part 63, subpart EPA ICR Number 1687.10, OMB Control preserving facilities. KKKK). Number 2060–0314; Expiration Date: Respondent’s obligation to respond: Estimated number of respondents: 5 December 31, 2016. Mandatory (40 CFR part 63, subparts (total). Respondents: Aerospace LLLLLL, MMMMMM, NNNNNN, Frequency of response: Initially, manufacturing and rework facilities. OOOOOO, PPPPPP, and QQQQQQ). occasionally and semiannually. Respondent’s obligation to respond: Estimated number of respondents: Estimated annual burden: 1,940 Mandatory (40 CFR part 63, subpart 956 (total). hours. GG). Frequency of response: Initially, Estimated annual cost: $196,000, Estimated number of respondents: occasionally, and semiannually. includes $6,000 annualized capital or 136 (total). Estimated annual burden: 3,220 O&M costs. Frequency of response: Initially, hours. Changes in Estimates: There is no occasionally, and semiannually. Estimated annual cost: $315,000, change in burden hours from the Estimated annual burden: 141,000 includes $0 annualized capital or O&M previous ICR. hours. costs.
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Changes in Estimates: There is no Estimated annual cost: $302,000, Estimated number of respondents: 65 change in burden hours from the includes $133,000 annualized capital or (total). previous ICR. O&M costs. Frequency of response: Initially, (14) Docket ID Number: EPA–HQ– Changes in Estimates: There is an occasionally, and semiannually. OECA–2013–0301; Title: NESHAP for expected increase in burden due to an Estimated annual burden: 15,400 Beryllium (40 CFR part 61, subpart C); increase in the number of new or hours. EPA ICR Number 0193.12, OMB Control modified sources. Estimated annual cost: $1,820,000, Number 2060–0092; Expiration Date: (17) Docket ID Number: EPA–HQ– includes $312,000 annualized capital or January 31, 2017. OECA–2013–0329; Title: NSPS for O&M costs. Respondents: Facilities processing Rubber Tire Manufacturing (40 CFR part Changes in Estimates: There is an beryllium and its derivatives. 60, subpart BBB); EPA ICR Number increase in burden hours from the Respondent’s obligation to respond: 1158.12, OMB Control Number 2060– previous ICR due to an expected Mandatory (40 CFR part 61, subpart C). 0156; Expiration Date: January 31, 2017. increase in the number of respondents. Estimated number of respondents: 33 Respondents: Rubber tire (20) Docket ID Number: EPA–HQ– (total). manufacturing plants that commenced OECA–2013–0302; Title: NSPS for Frequency of response: Initially, construction or modification after Graphic Arts Industry (40 CFR part 60, occasionally, and monthly. January 20, 1983. subpart QQ); EPA ICR Number 0657.12, Estimated annual burden: 2,630 Respondent’s obligation to respond: OMB Control Number 2060–0105; hours. Mandatory (40 CFR part 60, subpart Expiration Date: February 28, 2017. Estimated annual cost: $292,000, BBB). Respondents: Graphics arts facilities. includes $35,000 annualized capital or Estimated number of respondents: 41 Respondent’s obligation to respond: O&M costs. (total). Mandatory (40 CFR part 60, subpart Changes in Estimates: There is no Frequency of response: Initially, QQ). change in burden hours from the occasionally, semiannually, and Estimated number of respondents: 20 previous ICR. annually. (total). Estimated annual burden: 17,700 Frequency of response: Initially, (15) Docket ID Number: EPA–HQ– hours. occasionally and semiannually. OECA–2013–0310; Title: NSPS for Estimated annual cost: $1,750,000, Estimated annual burden: 1,800 Sewage Sludge Treatment Plants (40 includes $16,400 annualized capital or hours. CFR part 60, subpart O); EPA ICR O&M costs. Estimated annual cost: $176,000, Number 1063.13, OMB Control Number Changes in Estimates: There is no includes $0 annualized capital or O&M 2060–0035; Expiration Date: January 31, change in burden hours from the costs. 2017. previous ICR. Changes in Estimates: There is an Respondents: Sewage sludge (18) Docket ID Number: EPA–HQ– increase in burden hours from the treatment plants. OECA–2013–0331; Title: NSPS for New previous ICR due to an expected Respondent’s obligation to respond: Residential Wood Heaters (40 CFR part increase in respondent universe. Mandatory (40 CFR part 60, subpart O). 60, subpart AAA); EPA ICR Number (21) Docket ID Number: EPA–HQ– Estimated number of respondents: 1176.12, OMB Control Number 2060– OECA–2013–0325; Title: NESHAP for 112 (total). 0161; Expiration Date: January 31, 2017. Benzene Emission from Benzene Storage Frequency of response: Initially, Respondents: Manufacturers, retailers, Vessels and Coke-By-Product Recovery occasionally and semiannually. and certification laboratories of new Plants (40 CFR part 61, subparts L and Estimated annual burden: 12,500. residential wood heaters. Y); EPA ICR Number 1080.15, OMB Estimated annual cost: $5,180,000, Respondent’s obligation to respond: Control Number 2060–0185; Expiration includes $3,960,000 annualized capital Mandatory (40 CFR part 60, subpart Date: March 31, 2017. or O&M costs. AAA). Respondents: Owners or operators of Changes in Estimates: There is an Estimated number of respondents: benzene storage vessels and coke by- increase in burden due to expected 947 (total). product recovery plants. construction of new facilities or Frequency of response: Initially and Respondent’s obligation to respond: modifications of existing facilities. occasionally. Mandatory (40 CFR part 61, subparts L (16) Docket ID Number: EPA–HQ– Estimated annual burden: 11,700 and Y). OECA–2013–0314; Title: NSPS for hours. Estimated number of respondents: 21 Phosphate Rock Plants (40 CFR part 60, Estimated annual cost: $2,890,000, (total). subpart NN); EPA ICR Number 1078.11, includes $1,740,000 annualized capital Frequency of response: Initially, OMB Control Number 2060–0111; or O&M costs. occasionally, semiannually, and Expiration Date: January 31, 2017. Changes in Estimates: There is no annually. Respondents: Phosphate rock change in burden hours from the Estimated annual burden: 3,190 facilities that commenced construction previous ICR. hours. or reconstruction after September 21, (19) Docket ID Number: EPA–HQ– Estimated annual cost: $312,000, 1979. OECA–2013–0342; Title: NESHAP for includes $0 annualized capital or O&M Respondent’s obligation to respond: Lime Manufacturing (40 CFR part 63, costs. Mandatory (40 CFR part 60, subpart subpart AAAAA); EPA ICR Number Changes in Estimates: There is no NN). 2072.06, OMB Control Number 2060– change in burden hours from the Estimated number of respondents: 14 0544; Expiration Date: January 31, 2017. previous ICR. (total). Respondents: Lime manufacturing (22) Docket ID Number: EPA–HQ– Frequency of response: Initially, plants. OECA–2013–0319; Title: NSPS for VOC occasionally and semiannually. Respondent’s obligation to respond: Emissions from Petroleum Refinery Estimated annual burden: 1,720 Mandatory (40 CFR part 63, subpart Wastewater Systems (40 CFR part 60, hours. AAAAA). subpart QQQ); EPA ICR Number
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1136.12, OMB Control Number 2060– Gold Mine Ore Processing (40 CFR part Respondents: Petroleum refineries. 0172; Expiration Date: March 31, 2017. 63, subpart EEEEEEE); EPA ICR Number Respondent’s obligation to respond: Respondents: Petroleum refineries 2383.04, OMB Control Number 2060– Mandatory (40 CFR part 60, subparts with wastewater systems. 0659; Expiration Date: March 31, 2017. GGG and GGGa). Respondent’s obligation to respond: Respondents: Gold mine ore Estimated number of respondents: Mandatory (40 CFR part 60, subpart processing and production facilities. 130 (total). QQQ). Respondent’s obligation to respond: Frequency of response: Initially, Estimated number of respondents: Mandatory (40 CFR part 63, subpart occasionally, and semiannually. 135 (total). EEEEEEE). Estimated annual burden: 24,900 Frequency of response: Initially, Estimated number of respondents: 21 hours. occasionally, and semiannually. (total). Estimated annual cost: $2,430,000, Estimated annual burden: 9,240 Frequency of response: Initially, includes $0 annualized capital or O&M hours. occasionally, semiannually, and costs. Estimated annual cost: $922,000, annually. Changes in Estimates: There is no includes $17,600 annualized capital or Estimated annual burden: 2,360 change in burden hours from the O&M costs. hours. previous ICR. Changes in Estimates: There is no Estimated annual cost: $445,000, (29) Docket ID Number: EPA–HQ– change in burden hours from the includes $227,000 annualized capital or OECA–2013–0350; Title: The previous ICR. O&M costs. Consolidated Air Rule (CAR) for the (23) Docket ID Number: EPA–HQ– Changes in Estimates: There is no Synthetic Organic Chemical OECA–2013–0353; Title: NSPS for change in burden hours from the Manufacturing Industry (SOCMI); EPA Stationary Spark Ignition Internal previous ICR. ICR Number 1854.10, OMB Control Combustion Engines (40 CFR part 60, (26) Docket ID Number: EPA–HQ– Number 2060–0443; Expiration Date: subpart JJJJ); EPA ICR Number 2227.05, OECA–2016–0009; Title: NESHAP for June 30, 2017. OMB Control Number 2060–0610; Group IV Polymers and Resins (40 CFR Respondents: Synthetic organic Expiration Date: March 31, 2017. part 63, subpart JJJ); EPA ICR Number chemical manufacturing facilities. Respondents: Stationary spark 2457.03, OMB Control Number 2060– Respondent’s obligation to respond: ignition internal combustion engines. 0682; Expiration Date: March 31, 2017. Mandatory (40 CFR part 65). Respondent’s obligation to respond: Respondents: Thermoplastic resin Estimated number of respondents: Mandatory (40 CFR part 60, subpart JJJJ). production facilities. 4,620 (total). Estimated number of respondents: Respondent’s obligation to respond: Frequency of response: Initially, 17,600 (total). Mandatory (40 CFR part 63, subpart JJJ). occasionally, semiannually and Frequency of response: Initially and Estimated number of respondents: 31 annually. annually. (total). Estimated annual burden: 2,130,000 Estimated annual burden: 23,300 Frequency of response: Semiannually. hours. hours. Estimated annual burden: 459 hours. Estimated annual cost: $309,000,000, Estimated annual cost: $4,640,000, Estimated annual cost: $1,110,000, includes $101,000,000 annualized includes $2,360,000 annualized capital includes $542,000 annualized capital or capital or O&M costs. or O&M costs. O&M costs. Changes in Estimates: There is an Changes in Estimates: There is an (27) Docket ID Number: EPA–HQ– expected increase in burden hours from expected increase in burden hours from OECA–2014–0063; Title: NESHAP for the previous ICR due to growth in the the previous ICR due to growth in the Polyether Polyols Production (40 CFR respondent universe. respondent universe. part 63, subpart PPP); EPA ICR Number (30) Docket ID Number: EPA–HQ– (24) Docket ID Number: EPA–HQ– 1811.10, OMB Control Number 2060– OECA–2013–0315; Title: NSPS for OECA–2013–0321; Title: NSPS for 0415; Expiration Date: May 31, 2017. Commercial and Industrial Solid Waste Sewage Sludge Incinerators (40 CFR Respondents: Polyether polyols Incineration (CISWI) Units (40 CFR part part 60, subpart LLLL); EPA ICR production facilities. 60, subpart CCCC); EPA ICR Number Number 2369.04, OMB Control Number Respondent’s obligation to respond: 2384.04, OMB Control Number 2060– 2060–0658; Expiration Date: March 31, Mandatory (40 CFR part 63, subpart 0662; Expiration Date: June 30, 2017. 2017. PPP). Respondents: Commercial and Respondents: New or modified Estimated number of respondents: 23 industrial solid waste incineration sewage sludge incinerators. (total). units. Respondent’s obligation to respond: Frequency of response: Occasionally Respondent’s obligation to respond: Mandatory (40 CFR part 60, subpart and semiannually. Mandatory (40 CFR part 60, subpart LLLL). Estimated annual burden: 3,700 CCCC). Estimated number of respondents: 4 hours. Estimated number of respondents: 4 (total). Estimated annual cost: $433,000, (total). Frequency of response: Initially, includes $226,000 annualized capital or Frequency of response: Initially, occasionally, and annually. O&M costs. occasionally, semiannually, and Estimated annual burden: 798 hours. Changes in Estimates: There is no annually. Estimated annual cost: $448,000, change in burden hours from the Estimated annual burden: 1,040 includes $370,000 annualized capital or previous ICR. hours. O&M costs. (28) Docket ID Number: EPA–HQ– Estimated annual cost: $451,000, Changes in Estimates: There is an OECA–2013–0303; Title: NSPS for includes $350,000 annualized capital or expected increase in burden hours from Equipment Leaks of VOC in Petroleum O&M costs. the previous ICR due to growth in the Refineries (40 CFR part 60, subparts Changes in Estimates: There is an respondent universe. GGG and GGGa); EPA ICR Number expected increase in burden hours from (25) Docket ID Number: EPA–HQ– 0983.15, OMB Control Number 2060– the previous ICR due to growth in the OECA–2013–0317; Title: NESHAP for 0067; Expiration Date: June 30, 2017. respondent universe.
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(31) Docket ID Number: EPA–HQ– (SAB) Staff Office announces a public hold a public meeting to discuss and OECA–2014–0034; Title: NSPS for Kraft meeting and a public teleconference of deliberate on the topics below. Pulp Mills (40 CFR part 60, subpart BB); the chartered SAB to conduct a quality (1) Quality review of the SAB Draft 4– EPA ICR Number 2485.03, OMB Control review of a draft SAB report on an 26–16 Review of EPA’s draft Assessment Number 2060–0690; Expiration Date: assessment of potential impacts of of the Potential Impacts of Hydraulic June 30, 2017. hydraulic fracturing on drinking water Fracturing for Oil and Gas on Drinking Respondents: Kraft pulp mills. resources and to receive briefings on Water Resources. The EPA’s Office of Respondent’s obligation to respond: topics of interest for possible future SAB Research and Development (ORD) Mandatory (40 CFR part 60, subpart BB). advice. requested the SAB to conduct a peer Estimated number of respondents: 4 DATES: The public meeting will be held review of the draft assessment report (total). on Tuesday, June 14, 2016, from 8:30 concerning the relationship between Frequency of response: Initially, a.m. to 5:00 p.m. and Wednesday, June hydraulic fracturing and drinking water occasionally, and semiannually. 15, 2016, from 8:30 a.m. to 1:00 p.m. in the United States. The purpose of the Estimated annual burden: 1,910 The teleconference, if needed to report, Assessment of the Potential hours. accommodate registered public Impacts of Hydraulic Fracturing for Oil Estimated annual cost: $753,000, speakers, will be held on June 8, 2016 and Gas on Drinking Water Resources includes $567,000 annualized capital or from 2:00 p.m. to 5:00 p.m. (Eastern (May 2015 External Review Draft, EPA/ O&M costs. Time). 600/R–15/047), is to synthesize available scientific literature and data to Changes in Estimates: There is an ADDRESSES: The meeting will be held at assess the potential for hydraulic expected increase in burden hours from the Westin Alexandria, 400 Courthouse fracturing for oil and gas to impact the the previous ICR due to growth in the Square, Alexandria, VA 22314. respondent universe. quality or quantity of drinking water FOR FURTHER INFORMATION CONTACT: Any (32) Docket ID Number: EPA–HQ– resources, and identify factors affecting member of the public who wants further the frequency or severity of any OECA–2013–0316; Title: NSPS for information concerning the meeting Onshore Natural Gas Processing Plants potential impacts. may contact Mr. Thomas Carpenter, The SAB Hydraulic Fracturing (40 CFR part 60, subparts KKK and Designated Federal Officer (DFO), EPA Research Advisory Panel conducted a LLL); EPA ICR Number 1086.12, OMB Science Advisory Board (1400R), U.S. peer review of the EPA draft assessment Control Number 2060–0120; Expiration Environmental Protection Agency, 1200 and the chartered SAB will conduct a Date: August 31, 2017. Pennsylvania Avenue NW., Washington, quality review of the panel’s draft Respondents: Onshore natural gas DC 20460; via telephone/voice mail report. Quality review is a key function processing plants. (202) 564–4885, or email at of the chartered SAB. Draft reports Respondent’s obligation to respond: [email protected]. General prepared by SAB committees, panels, or Mandatory (40 CFR part 60, subparts information concerning the SAB can be work groups must be reviewed and KKK and LLL). found on the EPA Web site at http:// approved by the chartered SAB before Estimated number of respondents: www.epa.gov/sab. transmittal to the EPA Administrator. 577 (total). Technical Contact for EPA’s Draft Consistent with FACA, the chartered Frequency of response: Initially, Report: Any technical questions SAB makes a determination in a public occasionally, and semiannually. concerning EPA’s draft report, meeting about each draft report and Estimated annual burden: 122,000 Assessment of the Potential Impacts of determines whether the report is ready hours. Hydraulic Fracturing for Oil and Gas on to be transmitted to the EPA Estimated annual cost: $12,000,000, Drinking Water Resources (May 2015 Administrator. includes $68,400 annualized capital or External Review Draft, EPA/600/R–15/ Background on the current advisory O&M costs. 047), should be directed to Dr. Jeffrey activity, Assessment of the Potential Changes in Estimates: There is no Frithsen, National Center for Impacts of Hydraulic Fracturing for Oil change in burden hours from the Environmental Assessment, Office of and Gas on Drinking Water Resources, previous ICR. Research and Development, U.S. EPA, can be found on the SAB Web site at Dated: April 18, 2016. 1200 Pennsylvania Avenue NW., Mail https://yosemite.epa.gov/sab/ Edward J. Messina, Code 8601P, Washington, DC 20460, sabproduct.nsf//LookupWebProjects Director, Monitoring, Assistance and Media telephone (703) 347–8623 or via email CurrentBOARD/F7A9DB9ABBAC0 Programs Division. at [email protected]. 15785257E540052DD54?Open [FR Doc. 2016–10393 Filed 5–2–16; 8:45 am] SUPPLEMENTARY INFORMATION: Document. Background: The SAB was BILLING CODE 6560–50–P (2) Briefings from representatives of established pursuant to the the EPA and other EPA advisory Environmental Research, Development, Committees on topics of interest for ENVIRONMENTAL PROTECTION and Demonstration Authorization Act possible future SAB advice. AGENCY (ERDDAA), codified at 42 U.S.C. 4365, If the SAB Staff Office determines that to provide independent scientific and there will be insufficient time during [FRL–9945–99–OA] technical advice to the Administrator on the June 14–15, 2016 meeting to the scientific and technical basis for Notification of a Public Meeting and accommodate the members of the public Agency positions and regulations. The Public Teleconference of the Chartered who registered in advance to provide SAB is a Federal Advisory Committee Science Advisory Board oral public comments, the chartered under the Federal Advisory teleconference will be held on June 8, AGENCY: Environmental Protection Committee Act (FACA), 5 U.S.C., App. 2016 to provide additional time for oral Agency (EPA). 2. The SAB will comply with the public comments. ACTION: Notice. provisions of FACA and all appropriate Availability of Meeting Materials: A SAB Staff Office procedural policies. meeting agenda and other materials for SUMMARY: The Environmental Protection Pursuant to FACA and EPA policy, the meeting will be placed on the SAB Agency (EPA) Science Advisory Board notice is hereby given that the SAB will Web site at http://epa.gov/sab.
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Procedures for Providing Public Input: Dated: April 27, 2016. option of the state, tribe or local Public comment for consideration by Thomas H. Brennan, government in place of procedures EPA’s federal advisory committees and Deputy Director, EPA Science Advisory Board available under existing program- panels has a different purpose from Staff Office. specific authorization regulations. An public comment provided to EPA [FR Doc. 2016–10392 Filed 5–2–16; 8:45 am] application submitted under the subpart program offices. Therefore, the process BILLING CODE 6560–50–P D procedures must show that the state, for submitting comments to a federal tribe or local government has sufficient advisory committee is different from the legal authority to implement the process used to submit comments to an ENVIRONMENTAL PROTECTION electronic reporting components of the EPA program office. AGENCY programs covered by the application and will use electronic document Federal advisory committees and [FRL–9945–94–OEI] receiving systems that meet the panels, including scientific advisory applicable subpart D requirements. committees, provide independent Cross-Media Electronic Reporting: On April 11, 2016, the Connecticut advice to the EPA. Members of the Authorized Program Revision Department of Public Health (CT DPH) public can submit relevant comments Approval, State of Connecticut submitted an application titled pertaining to the EPA’s charge, meeting AGENCY: Environmental Protection Compliance Monitoring Data Portal for materials, or the group providing Agency (EPA). revision to its EPA-approved drinking advice. Input from the public to the SAB ACTION: Notice. water program under title 40 CFR to will have the most impact if it provides allow new electronic reporting. EPA specific scientific or technical SUMMARY: This notice announces EPA’s reviewed CT DPH’s request to revise its information or analysis for the SAB to approval of the State of Connecticut’s EPA-authorized program and, based on consider or if it relates to the clarity or request to revise its National Primary this review, EPA determined that the accuracy of the technical information. Drinking Water Regulations application met the standards for Members of the public wishing to Implementation EPA-authorized approval of authorized program revision provide comment should contact the program to allow electronic reporting. set out in 40 CFR part 3, subpart D. In DFO directly. DATES: EPA’s approval is effective June accordance with 40 CFR 3.1000(d), this Oral Statements: In general, 2, 2016 for the State of Connecticut’s notice of EPA’s decision to approve individuals or groups requesting an oral National Primary Drinking Water Connecticut’s request to revise its Part presentation at a public meeting will be Regulations Implementation program, if 142—National Primary Drinking Water limited to five minutes. Persons no timely request for a public hearing is Regulations Implementation program to interested in providing oral statements received and accepted by the Agency. allow electronic reporting under 40 CFR at the June 14–15, 2016 meeting should FOR FURTHER INFORMATION CONTACT: part 141 is being published in the contact Mr. Thomas Carpenter, DFO, in Karen Seeh, U.S. Environmental Federal Register. writing (preferably via email) at the Protection Agency, Office of CT DPH was notified of EPA’s contact information noted above by June Environmental Information, Mail Stop determination to approve its application 1, 2016 to be placed on the list of 2823T, 1200 Pennsylvania Avenue NW., with respect to the authorized program registered speakers. Written Statements: Washington, DC 20460, (202) 566–1175, listed above. Written statements for the June 14–15, [email protected]. Also, in today’s notice, EPA is 2016 meeting should be received in the SUPPLEMENTARY INFORMATION: On informing interested persons that they SAB Staff Office by June 7, 2016 so that October 13, 2005, the final Cross-Media may request a public hearing on EPA’s the information can be made available Electronic Reporting Rule (CROMERR) action to approve the State of to the SAB for its consideration prior to was published in the Federal Register Connecticut’s request to revise its the meeting. Written statements should (70 FR 59848) and codified as part 3 of authorized public water system program be supplied to the DFO at the contact title 40 of the CFR. CROMERR under 40 CFR part 142, in accordance information above via email (preferred) establishes electronic reporting as an with 40 CFR 3.1000(f). Requests for a or in hard copy with original signature. acceptable regulatory alternative to hearing must be submitted to EPA Submitters are requested to provide a paper reporting and establishes within 30 days of publication of today’s signed and unsigned version of each requirements to assure that electronic Federal Register notice. Such requests document because the SAB Staff Office documents are as legally dependable as should include the following information: does not publish documents with their paper counterparts. Subpart D of (1) The name, address and telephone signatures on its Web sites. Members of CROMERR requires that state, tribal or number of the individual, organization the public should be aware that their local government agencies that receive, or other entity requesting a hearing; personal contact information, if or wish to begin receiving, electronic (2) A brief statement of the requesting included in any written comments, may reports under their EPA-authorized programs must apply to EPA for a person’s interest in EPA’s be posted to the SAB Web site. revision or modification of those determination, a brief explanation as to Copyrighted material will not be posted programs and obtain EPA approval. why EPA should hold a hearing, and without explicit permission of the Subpart D provides standards for such any other information that the copyright holder. approvals based on consideration of the requesting person wants EPA to Accessibility: For information on electronic document receiving systems consider when determining whether to access or services for individuals with that the state, tribe, or local government grant the request; disabilities, please contact Mr. will use to implement the electronic (3) The signature of the individual Carpenter at the phone number or email reporting. Additionally, § 3.1000(b) making the request, or, if the request is address noted above, preferably at least through (e) of 40 CFR part 3, subpart D made on behalf of an organization or ten days prior to the meeting, to give the provides special procedures for program other entity, the signature of a EPA as much time as possible to process revisions and modifications to allow responsible official of the organization your request. electronic reporting, to be used at the or other entity.
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In the event a hearing is requested Access And Accommodations: For basis. The use of any video or audio and granted, EPA will provide notice of information on access or services for tape recording device, photographing the hearing in the Federal Register not individuals with disabilities, please device, or any other electronic or less than 15 days prior to the scheduled contact Martha Berger at 202–564–2191 mechanical device designed for similar hearing date. Frivolous or insubstantial or [email protected]. purposes is prohibited at ASC meetings. requests for hearing may be denied by Dated: April 26, 2016. Dated: April 27, 2016. EPA. Following such a public hearing, Martha Berger, James R. Park, EPA will review the record of the hearing and issue an order either Designated Federal Official. Executive Director. affirming today’s determination or [FR Doc. 2016–10252 Filed 5–2–16; 8:45 am] [FR Doc. 2016–10292 Filed 5–2–16; 8:45 am] rescinding such determination. If no BILLING CODE 6560–50–P BILLING CODE 6700–01–P timely request for a hearing is received and granted, EPA’s approval of the State of Connecticut’s request to revise its FEDERAL FINANCIAL INSTITUTIONS FEDERAL FINANCIAL INSTITUTIONS Part 142—National Primary Drinking EXAMINATION COUNCIL EXAMINATION COUNCIL Water Regulations Implementation [Docket No. AS16–05] [Docket No. FFIEC–2016–0001] program to allow electronic reporting will become effective 30 days after Appraisal Subcommittee Notice of Uniform Interagency Consumer today’s notice is published, pursuant to Meeting Compliance Rating System CROMERR section 3.1000(f)(4). AGENCY: Appraisal Subcommittee of the AGENCY: Federal Financial Institutions Matthew Leopard, Federal Financial Institutions Examination Council (FFIEC). Director, Office of Information Collection. Examination Council. ACTION: Notice and request for comment. [FR Doc. 2016–10251 Filed 5–2–16; 8:45 am] ACTION: Notice of meeting. BILLING CODE 6560–50–P SUMMARY: Pursuant to 12 U.S.C. 3301, Description: In accordance with the Federal Financial Institutions section 1104(b) of title XI of the Examination Council (FFIEC), ENVIRONMENTAL PROTECTION Financial Institutions Reform, Recovery, established in 1979, is a formal AGENCY and Enforcement Act of 1989, as interagency body empowered to prescribe principles and standards for [FRL–9945–00–OA] amended, notice is hereby given that the Appraisal Subcommittee (ASC) will the federal examination of financial Notice of Meeting of the EPA meet in open session for its regular institutions and to make Children’s Health Protection Advisory meeting: recommendations to promote Committee (CHPAC) Location: Federal Reserve Board— consistency and coordination in the International Square location, 1850 K supervision of institutions. AGENCY: Environmental Protection Street NW., Washington, DC 20006. The six members of the FFIEC Agency. Date: May 11, 2016. represent the Board of Governors of the ACTION: Notice of Meeting. Time: 10:00 a.m. Federal Reserve System (FRB), the Status: Open Federal Deposit Insurance Corporation SUMMARY: Pursuant to the provisions of (FDIC), the National Credit Union the Federal Advisory Committee Act, Reports Administration (NCUA), the Office of Public Law 92–463, notice is hereby the Comptroller of the Currency (OCC), given that the next meeting of the Chairman Executive Director the State Liaison Committee (SLC), and Children’s Health Protection Advisory the Consumer Financial Protection Committee (CHPAC) will be held May Delegated State Compliance Reviews Bureau (CFPB) (Agencies). 24 and May 25, 2016 at the George Financial Report The FFIEC promotes compliance with Washington University Milken Institute Action and Discussion Items federal consumer protection laws and School of Public Health, located at 950 regulations through each agency’s New Hampshire Avenue NW., March 9, 2016 Open Session Minutes supervisory and outreach programs. Washington, DC 20037. The CHPAC ASC 2015 Annual Report Through compliance supervision, the advises the Environmental Protection Notice of Proposed Rulemaking on AMC FFIEC Agencies determine whether an Agency on science, regulations, and Fees institution is meeting its responsibility other issues relating to children’s How To Attend and Observe an ASC to comply with applicable requirements. environmental health. Meeting The FFIEC requests comment on a DATES: May 24 from 1:00 p.m. to 5:30 If you plan to attend the ASC Meeting proposal to revise the Uniform p.m. and May 25 from 9:00 a.m. to 4:00 in person, we ask that you send an Interagency Consumer Compliance p.m., 2016. email to [email protected]. You may Rating System, more commonly known ADDRESSES: 950 New Hampshire register until close of business four as the ‘‘CC Rating System,’’ to reflect the Avenue NW., Washington, DC 20037. business days before the meeting date. regulatory, examination (supervisory), FOR FURTHER INFORMATION CONTACT: You will be contacted by the Federal technological, and market changes that Martha Berger, Office of Children’s Reserve Law Enforcement Unit on have occurred in the years since the Health Protection, USEPA, MC 1107T, security requirements. You will also be current rating system was established. 1200 Pennsylvania Avenue NW., asked to provide a valid government- The FFIEC is proposing to revise the Washington, DC 20460, (202) 564–2191 issued ID before being admitted to the existing CC Rating System to better or berger. martha(@epa.gov. Meeting. The meeting space is intended reflect current consumer compliance SUPPLEMENTARY INFORMATION: The to accommodate public attendees. supervisory approaches. The revisions meetings of the CHPAC are open to the However, if the space will not are designed to more fully align the public. An agenda will be posted to accommodate all requests, the ASC may rating system with the FFIEC Agencies’ epa.gov/children. refuse attendance on that reasonable current risk-based, tailored examination
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approaches. The proposed revisions to Fairfax Drive, Arlington, VA 22226– Floor, Washington, DC 20036, (202) the CC Rating System were not 3550. 407–7130. developed to set new or higher Hand delivery/courier: Judith Dupre, SUPPLEMENTARY INFORMATION: supervisory expectations for financial Executive Secretary, Federal Financial institutions and their adoption will Institutions Examination Council, L. Background represent no additional regulatory William Seidman Center, Mailstop: B– The current CC Rating System, burden. 7081a, 3501 Fairfax Drive, Arlington, adopted in 1980, is a supervisory policy The proposed revisions emphasize the VA 22226–3550. for evaluating financial institutions’ 2 importance of institutions’ compliance Instructions: You must include adherence to consumer compliance management systems (CMS), in ‘‘FFIEC’’ as the agency name and requirements. The CC Rating System particular, risk control processes ‘‘Docket Number FFIEC–2016–0001’’ in provides a framework for evaluating designed to manage consumer your comment. In general, the FFIEC institutions based on assessment factors compliance risk which are needed to will enter all comments received into to assign a consumer compliance rating support compliance and prevent the docket and publish them on the to each institution. consumer harm. The CC Rating System Regulations.gov Web site without has provided a general framework for The CC Rating System is based upon change, including any business or a scale of 1 through 5, in increasing evaluating compliance factors in order personal information that you provide to assign a consumer compliance rating order of supervisory concern. Thus, 1 such as name and address information, represents the highest rating and to each federally regulated financial email addresses, or phone numbers. institution.1 consequently the lowest level of Comments received, including supervisory concern, while 5 represents DATES: Comments must be received on attachments and other supporting the lowest rating and consequently the or before July 5, 2016. materials, are part of the public record most critically deficient level of ADDRESSES: Because paper mail and subject to public disclosure. Do not performance and the highest degree of received by the FFIEC is subject to delay enclose any information in your supervisory concern. When using the due to heightened security precautions comment or supporting materials that CC Rating System to assess an in the Washington, DC area, you are you consider confidential or institution, the Agencies do not encouraged to submit comments by the inappropriate for public disclosure. consider an institution’s record of Federal eRulemaking Portal, if possible. Docket: You may also view or request lending performance under the Please use the title ‘‘Consumer available background documents and Community Reinvestment Act (CRA) Compliance Rating System’’ to facilitate project summaries using the methods because institutions are evaluated the organization and distribution of the described above. separately for CRA. comments. You may submit comments FOR FURTHER INFORMATION CONTACT: by any of the following methods: OCC: Ronald A. Dice, Compliance Factors Supporting a Revised CC Rating Federal eRulemaking Portal Specialist, Office of the Comptroller of System (Regulations.gov): Go to http:// the Currency, 400 7th Street SW., The FFIEC is proposing revisions to www.regulations.gov. Under the ‘‘More Washington, DC 20219, (202) 649–5470; Search Options’’ tab, click next to the the existing CC Rating System, or Kimberly Hebb, Director of recognizing that there have been ‘‘Advanced Docket Search’’ option Compliance Policy, (202) 649–5470. where indicated, select ‘‘FFIEC’’ from legislative, regulatory, supervisory, Board: Lanette Meister, Senior the agency drop-down menu, then click technological, and market changes since Supervisory Consumer Financial ‘‘Submit.’’ In the ‘‘Docket ID’’ column, the adoption of the current CC Rating Services Analyst, Board of Governors of select ‘‘Docket Number FFIEC–2016– System. Since 1980, the regulatory the Federal Reserve System, 20th and C 0001’’ to submit or view public landscape has evolved considerably. Streets NW., Washington, DC 20551, comments and to view supporting and Over the past 30 years, changes include: (202) 452–2705. • related materials for this notice of The consolidation of financial FDIC: Ardie Hollifield, Senior Policy proposed rulemaking. The ‘‘How to Use institutions and resultant changed risk Analyst, Federal Deposit Insurance This Site’’ link on the Regulations.gov profiles of entities prompted by factors Corporation, 550 17th Street NW., home page provides information on such as legal changes that allowed using Regulations.gov, including Washington, DC 20429–0002, (202) 898– interstate banking; instructions for submitting or viewing 6638; John Jackwood, Senior Policy • New and revised regulatory public comments, viewing other Analyst, (202) 898–3991; or Faye requirements; supporting and related materials, and Murphy, Chief, Consumer Compliance • Major transformations in viewing the docket after the close of the and UDAP Examination Section, (202) technology, business models, and comment period. 898–6613. consumers’ banking habits which have Mail: Judith Dupre, Executive NCUA: Jamie Goodson, Director, resulted in a broader set of risks to Secretary, Federal Financial Institutions Division of Consumer Compliance consumers; and Policy and Outreach, Office of Examination Council, L. William • The Dodd-Frank Wall Street Reform Consumer Protection, National Credit Seidman Center, Mailstop: 7081a, 3501 and Consumer Protection Act (Dodd- Union Administration, 1775 Duke Street Frank Act),3 which substantially altered 1 Alexandria, VA 22314–3428, (703) 518– NCUA integrates the principles and standards of the regulatory landscape by creating the the current CC Rating System into the existing 1140. CFPB and reshaping the responsibilities CAMEL rating structure, in place of a separate CFPB: Kathleen Conley, Senior of the prudential regulators.4 As a rating. When finalized, the revised CC Rating Consumer Financial Protection Analyst, System will be incorporated into NCUA’s risk- result, large institutions over a certain focused examination program. Using the principles Consumer Financial Protection Bureau, and standards contained in the revised CC Rating 1700 G Street NW., Washington, DC 2 System, NCUA examiners will assess a credit 20552, (202) 435–7459. The term financial institutions is defined in 12 union’s ability to effectively manage its compliance U.S.C. 3302(3). risk and reflect that ability in the Management SLC: Matthew Lambert, Policy 3 12 U.S.C. 5481 et seq. component rating and the overall CAMEL rating Counsel, Conference of State Bank 4 The prudential regulators are the FRB, FDIC, used by NCUA. Supervisors, 1129 20th Street NW., 9th NCUA, and OCC.
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asset threshold now have more than one In developing the revised CC Rating which is designed to ensure compliance FFIEC consumer compliance supervisor. System, the Agencies believe it is also on a continuing basis. important for the new rating system to The proposed CC Rating System is Purpose of the Revisions establish incentives for institutions to composed of guidance and definitions. The Agencies are proposing to revise promote consumer protection by The guidance would provide examiners the current CC Rating System to better preventing, self-identifying, and with direction on how to use the reflect current consumer compliance addressing compliance issues in a definitions when assigning a consumer supervisory approaches. The revisions proactive manner. The proposed rating compliance rating to an institution. The are designed to more fully align the system would also create a framework definitions consist of qualitative rating system with the Agencies’ current for the Agencies to recognize descriptions for each rating category and risk-based, tailored examination institutions that consistently adopt factors regarding violations of laws and approaches. The proposed revisions to these compliance strategies. consumer harm. the CC Rating System were not Another benefit of the proposed CC The proposed System is based on a set developed to set new or higher Rating System is to promote of key principles. The Agencies agreed supervisory expectations for financial coordination, communication, and that the proposed ratings should be: (1) institutions and their adoption will consistency among the Agencies, Risk-based; (2) Transparent; (3) represent no additional regulatory consistent with the Agencies’ respective Actionable; and (4) an Incentive for burden. supervisory authorities. Pursuant to the Compliance. Each principle is discussed When the current CC Rating System proposal, each of the Agencies would in detail in the guidance. was adopted in 1980, examinations use the same CC Rating System to assign The Agencies are proposing a CC focused more on transaction testing for a consumer compliance rating to all Rating System that includes three regulatory compliance rather than supervised institutions, including banks categories of assessment factors: evaluating the sufficiency of an and non-banks. Further, revising the • Board and Management Oversight institution’s CMS to ensure compliance rating system definitions responds to • Compliance Program with regulatory requirements and to requests from industry representatives • Violations of Law and Consumer prevent consumer harm. In the who have asked that the CC Rating Harm intervening years, each of the FFIEC System be updated. When assigning a rating under the Agencies has adopted a risk-based proposed CC Rating System, examiners consumer compliance examination Proposed Consumer Compliance Rating System would consider each of the assessment approach to promote strong compliance factors in each category. Further, the risk management practices and The primary purpose of the proposed categories would allow examiners to consumer protection within supervised CC Rating System is to ensure that all distinguish between varying levels of financial institutions. Risk-based institutions are evaluated in a supervisory concern when rating consumer compliance supervision comprehensive and consistent manner, institutions for compliance with federal evaluates whether an institution’s CMS and that supervisory resources are consumer protection laws. The effectively manages the compliance risk appropriately focused on areas consumer compliance rating reflects a in the products and services offered to exhibiting risk of consumer harm and comprehensive evaluation of the its customers. Under risk-based on institutions that warrant elevated institution’s performance under the CC supervision, examiners tailor supervisory attention. The Agencies are Rating System by considering the supervisory activities to the size, recommending retention of the current categories and assessment factors in the complexity, and risk profile of each CC Rating System’s five-scale context of the size, complexity, and risk institution and adjust these activities framework for the proposed System profile of an institution. It is not based over time. While compliance while also recommending revisions to on a numeric average or any other management programs vary based on the current CC Rating System to quantitative calculation. Specific the size, complexity, and risk profile of enhance its effectiveness. numeric ratings will not be assigned to supervised institutions, all institutions The proposed CC Rating System is any of the twelve assessment factors. should maintain an effective CMS. The based upon a numeric scale of 1 through Thus, an institution need not achieve a sophistication and formality of the CMS 5 in increasing order of supervisory satisfactory rating in all categories in typically will increase commensurate concern. Thus, 1 represents the highest order to be assigned an overall with the size, complexity, and risk rating and consequently the lowest satisfactory rating. Conversely, an profile of the entity. degree of supervisory concern, while 5 institution may be assigned a less than As the Agencies drafted the proposed represents the lowest rating and the satisfactory rating even if some of its rating system definitions, one objective most critically deficient level of assessments were rated as satisfactory. was to develop a rating system performance, and therefore, the highest All institutions, regardless of size, appropriate for evaluating institutions of degree of supervisory concern. Ratings should maintain an effective CMS. The all sizes. Therefore, the first principle of 1 or 2 represent satisfactory or better sophistication and formality of the CMS discussed within the CC Rating System performance. Ratings of 3, 4, or 5 typically will increase commensurate conveys that the system is risk-based to indicate performance that is less than with the size, complexity, and risk recognize and communicate clearly that satisfactory. profile of the entity. The articulation of compliance management programs vary The proposed CC Rating System CMS assessment factors is not intended based on the size, complexity, and risk reflects risk-based expectations to create new expectations for lower risk profile of supervised institutions. This commensurate with the size, complexity institutions. principle is reinforced in the Consumer and risk profile of institutions and Compliance Rating Definitions by incents institutions to prevent, self- Board and Management Oversight conveying to examiners that assessment identify, and address compliance issues. The first category of the proposed CC factors associated with an institution’s Pursuant to the proposed System, Rating System would be used to analyze CMS should be evaluated each institution would be assigned a an institution’s CMS and the role of its commensurate with the institution’s consumer compliance rating based board and management officials. The size, complexity, and risk profile. primarily on the adequacy of its CMS, four assessment factors would be:
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• Oversight and Commitment severity, duration, and pervasiveness of consumer compliance rating, as well as • Change Management the violation. This approach emphasizes in other supervisory situations as • Comprehension, Identification and the importance of a range of consumer appropriate, the prudential regulators Management of Risk protection laws and is intended to will take into consideration any material • Corrective Action and Self- reflect the broader array of risks and the supervisory information provided by the Identification potential harm caused by consumer CFPB, as that information relates to The Agencies believe the above protection related violations. covered supervisory activities or 10 factors would provide examiners with Specifically, in conjunction with covered examinations. Similarly, the an effective and consistent framework assessing an institution’s CMS based on CFPB will take into consideration any for evaluating whether or not board and the first two categories, examiners will material supervisory information management are engaged to a evaluate the consumer protection provided by prudential regulators in satisfactory degree at a particular violations and related consumer harm appropriate supervisory situations, institution. All institutions, regardless based on the four assessment factors including when assigning consumer of size, should maintain an effective below: compliance ratings. • CMS. However, each institution should Root cause, or causes, of any State regulators maintain supervisory violations of law identified authority to conduct examinations of be evaluated based on its size, • complexity and risk profile. Severity of any consumer harm state-chartered depository institutions resulting from violations and licensed entities. As such, states Compliance Program • Duration of time over which the may assign consumer compliance violations occurred ratings to evaluate compliance with The second category of the proposed • CC Rating System would be used to Pervasiveness of violations both state and federal laws and analyze other elements of an effective Consumer harm may occur as a result regulations. States will collaborate and CMS. The assessment factors for of a violation of law. While many consider material supervisory Compliance Program are: instances of consumer harm can be information from other state and federal quantified as a dollar amount associated regulatory agencies during the course of • Policies and Procedures with financial loss, such as charging examinations. • Training higher fees for a product than was • Monitoring and/or Audit Paperwork Reduction Act • Consumer Complaint Response initially disclosed, consumer harm may also result from a denial of an In accordance with the Paperwork The Agencies believe these factors, opportunity. For example, a consumer Reduction Act (44 U.S.C. 3501 et seq.) along with Board and Management could be harmed when an institution (PRA), the Agencies may not conduct or Oversight, would provide an effective denies the consumer credit or sponsor, and a person is not required to and consistent framework to evaluate an discourages an application in violation respond to, a collection of information institution’s CMS. Each of these of the Equal Credit Opportunity Act,7 unless it displays a currently valid assessment factors would be considered whether or not financial harm occurred. Office of Management and Budget in evaluating risk and assigning a (OMB) control number. The proposed consumer compliance rating. As Assignment of Ratings by Supervisor(s) CC Rating System would not involve explained above, each institution would The prudential regulators will any new collections of information be evaluated based on its size, continue to assign and update, as pursuant to the PRA. Consequently, no complexity and risk profile. appropriate, consumer compliance information will be submitted to the Violations of Law and Consumer Harm ratings for institutions they supervise, OMB for review. including those with total assets of more FFIEC Guidance on Updating the The third category of the proposed CC than $10 billion.8 As a member of the Rating System is Violations of Law and Uniform Interagency Consumer FFIEC, the CFPB will also use the CC Compliance Rating System Consumer Harm. This category would Rating System to assign a consumer provide examiners with a framework for compliance rating, as appropriate, for Uniform Interagency Consumer considering the broad range of institutions with total assets of more Compliance Rating System violations of consumer protection laws than $10 billion, as well as to nonbanks The Federal Financial Institutions and evidence of consumer harm. for which it has jurisdiction regarding Examination Council (FFIEC) member The current CC Rating System was the enforcement of Federal consumer agencies (Agencies) promote adopted in 1980. Since that time, the financial laws as defined under the compliance with federal consumer industry has become more complex, and Dodd-Frank Act.9 When assigning a protection laws and regulations through the broad array of risks in the market supervisory and outreach programs.11 that can cause consumer harm has 7 15 U.S.C. 1691 et seq. The Agencies engage in consumer become increasingly clear. Violations of 8 Section 1025 of the Dodd-Frank Act (12 U.S.C. compliance supervision to assess various laws, including, for example, 5515) applies to federally insured institutions with the Servicemembers Civil Relief Act 5 more than $10 billion in total assets. This section granted the CFPB exclusive authority to examine compliance with the federal consumer protection and Section 5 of the Federal Trade insured depository institutions and their affiliates laws falling under each agency’s jurisdiction. Commission Act,6 as well as fair lending for compliance with Federal consumer financial 10 The prudential regulators and the CFPB signed violations, may potentially cause laws. The prudential regulators retained authority a Memorandum of Understanding on Supervisory significant consumer harm and raise for examining insured depository institutions with Coordination dated May 16, 2012 (MOU) intended more than $10 billion in total assets for compliance to facilitate the coordination of supervisory serious supervisory concerns. with certain other laws related to consumer activities involving financial institutions with more Recognizing this broad array of risks, financial protection, including the Fair Housing than $10 billion in assets as required under the the proposed guidance directs Act, the Servicemembers Civil Relief Act, and Dodd-Frank Act. examiners to consider all violations of section 5 of the Federal Trade Commission Act. 11 The FFIEC members are the Board of Governors consumer laws, based on the root cause, 9 12 U.S.C. 5481 et seq. A financial institution of the Federal Reserve System, the Federal Deposit with assets over $10 billion may receive a consumer Insurance Corporation, the National Credit Union compliance rating by both its primary prudential Administration, the Office of the Comptroller of the 5 50 U.S.C. App. 501–697b. regulator and the CFPB. The rating is based on each Currency, the Consumer Financial Protection 6 15 U.S.C. 45 et seq. agency’s review of the institution’s CMS and Bureau, and the State Liaison Committee.
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whether a financial institution is risk-based supervisory approach. at preventing violations of law and meeting its responsibility to comply Convey examiners’ assessment of the consumer harm. A rating of seriously with these requirements. effectiveness of an institution’s deficient indicates fundamental and This Uniform Interagency Consumer compliance risk management program, persistent weaknesses in crucial CMS Compliance Rating System (CC Rating including its ability to prevent elements and severe inadequacies in System) provides a general framework consumer harm and ensure compliance core compliance areas necessary to for assessing risks during the with consumer protection laws and operate within the scope of statutory supervisory process using certain regulations. and regulatory consumer protection compliance factors and assigning an Incent Compliance. Incent the requirements and to prevent consumer overall consumer compliance rating to institution to establish an effective harm. each federally-regulated financial consumer compliance program across • A rating of 5 reflects a CMS institution.12 The primary purpose of the institution and to identify and critically deficient at managing the CC Rating System is to ensure that address issues promptly, including self- consumer compliance risk in the regulated financial institutions are identification and correction of institution’s products and services and evaluated in a comprehensive and consumer compliance weaknesses. at preventing violations of law and consistent manner, and that supervisory Reflect the potential impact of any consumer harm. A rating of critically resources are appropriately focused on consumer harm identified in deficient indicates an absence of crucial areas exhibiting risk of consumer harm examination findings. CMS elements and a demonstrated lack and on institutions that warrant Five-Level Rating Scale of willingness or capability to take the elevated supervisory attention. appropriate steps necessary to operate The CC Rating System is composed of The CC Rating System is based upon within the scope of statutory and guidance and definitions. The guidance a numeric scale of 1 through 5 in regulatory consumer protection provides examiners with direction on increasing order of supervisory concern. requirements and to prevent consumer how to use the definitions when Thus, 1 represents the highest rating harm. assigning a consumer compliance rating and consequently the lowest degree of CC Rating System Categories and to an institution. The definitions consist supervisory concern, while 5 represents Assessment Factors of qualitative descriptions for each the lowest rating and the most critically rating category and include compliance deficient level of performance, and CC Rating System—Categories management system (CMS) elements therefore, the highest degree of 13 The CC Rating System is organized reflecting risk control processes supervisory concern. Ratings of 1 or 2 represent satisfactory or better under three broad categories: designed to manage consumer 1. Board and Management Oversight, compliance risk and considerations performance. Ratings of 3, 4, or 5 indicate performance that is less than 2. Compliance Program, and regarding violations of laws, consumer 3. Violations of Law and Consumer harm, and the size, complexity, and risk satisfactory. Consistent with the previously described Principles, the Harm. profile of an institution. The consumer The Consumer Compliance Rating compliance rating reflects the rating system incents a financial institution to establish an effective Definitions below list the assessment effectiveness of an institution’s CMS to factors considered within each category, ensure compliance with consumer compliance management system across the institution, to self-identify risks, and along with narrative descriptions of protection laws and regulations and performance. reduce the risk of harm to consumers. take the necessary actions to reduce the risk of non-compliance and consumer The first two categories, Board and Principles of the Interagency CC Rating harm. Management Oversight and Compliance System • The highest rating of 1 is assigned Program, are used to assess a financial to a financial institution that maintains institution’s CMS. As such, examiners The Agencies developed the following should evaluate the assessment factors principles to serve as a foundation for a strong CMS and takes action to prevent violations of law and consumer within these two categories the CC Rating System. commensurate with the institution’s Risk-based. Recognize and harm. • A rating of 2 is assigned to a size, complexity, and risk profile. All communicate clearly that compliance financial institution that maintains a institutions, regardless of size, should management programs vary based on CMS that is satisfactory at managing maintain an effective CMS. The the size, complexity, and risk profile of consumer compliance risk in the sophistication and formality of the CMS supervised institutions. institution’s products and services and typically will increase commensurate Transparent. Provide clear at substantially limiting violations of with the size, complexity, and risk distinctions between rating categories to law and consumer harm. profile of the entity. support consistent application by the • A rating of 3 reflects a CMS Additionally, compliance Agencies across supervised institutions. deficient at managing consumer expectations contained within the Reflect the scope of the review that compliance risk in the institution’s narrative descriptions of these two formed the basis of the overall rating. products and services and at limiting categories extend to third-party Actionable. Identify areas of strength violations of law and consumer harm. relationships into which the financial and direct appropriate attention to • A rating of 4 reflects a CMS institution has entered. There can be specific areas of weakness, reflecting a seriously deficient at managing certain benefits to financial institutions consumer compliance risk in the engaging in relationships with third 12 The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302(3)) defines institution’s products and services and parties, including gaining operational financial institution. Additionally, as a member of efficiencies or an ability to deliver the FFIEC, the CFPB will also use the Rating System 13 The Agencies do not consider an institution’s additional products and services, but to assign a consumer compliance rating, as record of performance under the Community such arrangements also may expose appropriate for nonbanks, for which it has Reinvestment Act (CRA) in conjunction with jurisdiction regarding the enforcement of Federal assessing an institution under the CC Rating System financial institutions to risks if not consumer financial laws as defined under the since institutions are evaluated separately under the managed effectively. The prudential Dodd-Frank Act (12 U.S.C. 5481 et seq.). CRA. agencies, the CFPB, and some states
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have issued guidance describing • the degree to which compliance Duration. Duration describes the expectations regarding oversight of training is current and tailored to risk length of time over which the violations third-party relationships. While an and staff responsibilities; occurred. Violations that persist over an institution’s management may make the • the sufficiency of the monitoring extended period of time will raise business decision to outsource some or and, if applicable, audit to encompass greater supervisory concerns than all of the operational aspects of a compliance risks throughout the violations that occur for only a brief product or service, the institution institution; and period of time. When violations are cannot outsource the responsibility for • the responsiveness and brought to the attention of an complying with laws and regulations or effectiveness of the consumer complaint institution’s management and managing the risks associated with resolution process. management allows those violations to remain unaddressed, such violations are third-party relationships. Violations of Law and Consumer of the highest supervisory concern. As noted in the Consumer Harm—Assessment Factors Compliance Rating Definitions, Pervasiveness. Pervasiveness examiners should evaluate activities Under Violations of Law and evaluates the extent of the violation(s) conducted through third-party Consumer Harm, the examiner should and resulting consumer harm, if any. relationships as though the activities analyze the following assessment Violations that affect a large number of were performed by the institution itself. factors: consumers will raise greater supervisory • The root cause, or causes, of any Examiners should review a financial concern than violations that impact a violations of law identified during the institution’s management of third-party limited number of consumers. If examination; violations become so pervasive that they relationships and servicers as part of its • the severity of any consumer harm overall compliance program. are considered to be widespread or resulting from violations; present in multiple products or services, The third category, Violations of Law • the duration of time over which the the institution’s performance under this and Consumer Harm, includes violations occurred; and factor is of the highest supervisory assessment factors that evaluate the • the pervasiveness of the violations. concern. dimensions of any identified violation As a result of a violation of law, or consumer harm. Examiners should consumer harm may occur. While many Self-Identification of Violations of Law weigh each of these four factors—root instances of consumer harm can be and Consumer Harm cause, severity, duration, and quantified as a dollar amount associated Strong compliance programs are pervasiveness—in evaluating relevant with financial loss, such as charging proactive. They promote consumer violations of law and any resulting higher fees for a product than was protection by preventing, self- consumer harm. initially disclosed, consumer harm may identifying, and addressing compliance Board and Management Oversight— also result from a denial of an issues in a proactive manner. Assessment Factors opportunity. For example, a consumer Accordingly, the CC Rating System could be harmed when a financial provides incentives for such practices Under Board and Management institution denies the consumer credit through the definitions associated with Oversight, the examiner should assess or discourages an application in a 1 rating. the financial institution’s board of violation of the Equal Credit The Agencies believe that self- directors and senior management, as Opportunity Act,14 whether or not there identification and prompt correction of appropriate for their respective roles is resulting financial harm. violations of law reflect strengths in an and responsibilities, based on the This category of the Consumer institution’s CMS. A robust CMS following assessment factors: Compliance Rating Definitions defines appropriate for the size, complexity and • Oversight of and commitment to the four factors by which examiners can risk profile of an institution’s business institution’s compliance risk assess violations of law and consumer often will prevent violations or will management program; harm. facilitate early detection of potential • effectiveness of the institution’s Root Cause. Root cause analyzes the violations. This early detection can limit change management processes, degree to which weaknesses in the CMS the size and scope of consumer harm. including responding timely and gave rise to the violations. In many Moreover, prompt self-reporting of satisfactorily to any variety of change, instances, the root cause of a violation serious violations represents concrete internal or external, to the institution; is tied to a weakness in one or more evidence of an institution’s commitment elements of the CMS. Violations that to responsibly address underlying risks. • comprehension, identification, and result from critical deficiencies in the In addition, appropriate corrective management of risks arising from the CMS evidence a critical absence of action, including both correction of institution’s products, services, or management oversight and are of the programmatic weaknesses and full activities; and highest supervisory concern. • redress for injured parties, limits any corrective action undertaken as Severity. The severity dimension of consumer harm and prevents violations consumer compliance issues are the Consumer Compliance Rating from recurring in the future. Thus, the identified. Definitions weighs the type of consumer CC Rating System recognizes Compliance Program—Assessment harm, if any, that resulted from institutions that consistently adopt Factors violations of law. More severe harm these strategies as reflected in the results in a higher level of supervisory Consumer Compliance Rating Under Compliance Program, the concern under this factor. For example, Definitions. examiner should assess other elements some consumer protection violations of an effective CMS, based on the may cause significant financial harm to Evaluating Performance Using the CC following assessment factors: a consumer, while other violations may Rating Definitions • Whether the institution’s policies cause negligible harm, based on the The consumer compliance rating is and procedures are appropriate to the specific facts involved. derived through an evaluation of the risk in the products, services, and financial institution’s performance activities of the institution; 14 15 U.S.C. 1691 et seq. under each of the assessment factors
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described above. The consumer institutions of varying sizes, the accommodation. Greater weight should compliance rating reflects the methods for accomplishing an effective apply to the financial institution’s effectiveness of an institution’s CMS to CMS may differ across institutions. management of material products with identify and manage compliance risk in The evaluation of an institution’s significant potential consumer the institution’s products and services performance within the Violations of compliance risk. and to prevent violations of law and Law and Consumer Harm category of An institution may receive a less than consumer harm, as evidenced by the the CC Rating Definitions considers satisfactory rating even when no financial institution’s performance each of the four assessment factors: Root violations were identified, based on under each of the assessment factors. Cause, Severity, Duration, and deficiencies or weaknesses identified in The consumer compliance rating Pervasiveness. At the levels of 4 and 5 the institution’s CMS. For example, reflects a comprehensive evaluation of in this category, the distinctions in the examiners may identify weaknesses in the financial institution’s performance definitions are focused on the root cause elements of the CMS in a new loan under the CC Rating System by assessment factor rather than Severity, considering the categories and Duration, and Pervasiveness. This product. Because the presence of those assessment factors in the context of the approach is consistent with the other weaknesses left unaddressed could size, complexity, and risk profile of an categories where the difference between result in future violations of law and institution. It is not based on a numeric a 4 and a 5 is driven by the institution’s consumer harm, the CMS deficiencies average or any other quantitative capacity and willingness to maintain a could impact the overall consumer calculation. Specific numeric ratings sound consumer compliance system. compliance rating, even if no violations will not be assigned to any of the twelve In arriving at the final rating, the were identified. assessment factors. Thus, an institution examiner must balance potentially Similarly, an institution may receive need not achieve a satisfactory differing conclusions about the a 1 or 2 rating even when violations assessment in all categories in order to effectiveness of the financial were present, if the CMS is be assigned an overall satisfactory institution’s CMS over the individual commensurate with the risk profile and rating. Conversely, an institution may be products, services, and activities of the complexity of the institution. For assigned a less than satisfactory rating organization. Depending on the relative example, when violations involve even if some of its assessments were materiality of a product line to the limited impact on consumers, were self- satisfactory. institution, an observed weakness in the identified, and resolved promptly, the The relative importance of each management of that product line may or evaluation may result in a 1 or 2 rating. category or assessment factor may differ may not impact the conclusion about After evaluating the institution’s based on the size, complexity, and risk the institution’s overall performance in performance in the two CMS categories, profile of an individual institution. the associated assessment factor(s). For Board and Management Oversight and Accordingly, one or more category or example, serious weaknesses in the Compliance Program, and the assessment factor may be more or less policies and procedures or audit dimensions of the violations in the third relevant at one financial institution as program of the mortgage department at category, the examiner may conclude compared to another institution. While a mortgage lender would be of greater that the overall strength of the CMS and the expectations for compliance with supervisory concern than those same the nature of observed violations viewed consumer protection laws and gaps at an institution that makes very together do not present significant regulations are the same across few mortgage loans and strictly as an supervisory concerns.
CONSUMER COMPLIANCE RATING DEFINITIONS
Assessment factors to be considered 1 2 3 4 5
Board and Management Oversight Board and management oversight factors should be evaluated commensurate with the institution’s size, complexity, and risk profile. Compliance expectations below extend to third-party relationships
Oversight and Com- Board and manage- Board and manage- Board and manage- Board and manage- Board and manage- mitment. ment demonstrate ment provide satis- ment oversight of ment oversight, re- ment oversight, re- strong commitment factory oversight of the financial institu- sources, and atten- sources, and atten- and oversight to the financial institu- tion’s compliance tion to the compli- tion to the compli- the financial institu- tion’s compliance risk management ance risk manage- ance risk manage- tion’s compliance risk management program is deficient. ment program are ment program are risk management program. seriously deficient. critically deficient. program.
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CONSUMER COMPLIANCE RATING DEFINITIONS—Continued
Assessment factors to be considered 1 2 3 4 5
Substantial compli- Compliance re- Compliance re- Compliance re- Compliance re- ance resources are sources are ade- sources and staff sources and staff sources are criti- provided, including quate and staff is are inadequate to are seriously defi- cally deficient in systems, capital, generally able to ensure the financial cient and are inef- supporting the fi- and human re- ensure the financial institution is in com- fective at ensuring nancial institution’s sources commen- institution is in com- pliance with con- the financial institu- compliance with surate with the in- pliance with con- sumer laws and tion’s compliance consumer laws and stitution’s size, sumer laws and regulations. with consumer laws regulations, and complexity, and risk regulations. and regulations. management and profile. Staff is staff are unwilling knowledgeable, or incapable of op- empowered and erating within the held accountable scope of consumer for compliance with protection laws and consumer laws and regulations. regulations. Management con- Management con- Management does Management over- Management over- ducts comprehen- ducts adequate and not adequately con- sight and due dili- sight and due dili- sive and ongoing ongoing due dili- duct due diligence gence over third gence of third party due diligence and gence and over- and oversight of party performance, performance is criti- oversight of third sight of third parties third parties to en- as well as manage- cally deficient. parties consistent to ensure that the sure that the finan- ment’s ability to with agency expec- financial institution cial institution com- adequately identify, tations to ensure complies with con- plies with consumer measure, monitor, that the financial in- sumer protection protection laws, nor or manage compli- stitution complies laws, and ade- does it adequately ance risks, is seri- with consumer pro- quately oversees oversee third par- ously deficient. tection laws, and third parties’ poli- ties’ policies, proce- exercises strong cies, procedures, dures, internal con- oversight of third internal controls, trols, and training parties’ policies, and training to en- to ensure appro- procedures, internal sure appropriate priate oversight of controls, and train- oversight of compli- compliance respon- ing to ensure con- ance responsibil- sibilities. sistent oversight of ities. compliance respon- sibilities. Change Management Management antici- Management re- Management does Management’s re- Management fails to pates and responds sponds timely and not respond ade- sponse to changes monitor and re- promptly to adequately to quately and/or in applicable laws spond to changes changes in applica- changes in applica- timely in adjusting and regulations, in applicable laws ble laws and regu- ble laws and regu- to changes in appli- market conditions, and regulations, lations, market con- lations, market con- cable laws and reg- or products and market conditions, ditions and prod- ditions, products ulations, market services offered is or products and ucts and services and services of- conditions, and seriously deficient. services offered. offered. fered by evaluating products and serv- the change and im- ices offered. plementing re- sponses across im- pacted lines of business. Management con- Management evalu- ducts due diligence ates product in advance of prod- changes before uct changes, con- and after imple- siders the entire life menting the change. cycle of a product or service in imple- menting change, and reviews the change after imple- mentation to deter- mine that actions taken have achieved planned results.
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CONSUMER COMPLIANCE RATING DEFINITIONS—Continued
Assessment factors to be considered 1 2 3 4 5
Comprehension, Iden- Management has a Management com- Management has an Management exhibits Management does tification and Man- solid comprehen- prehends and ade- inadequate com- a seriously deficient not comprehend agement of Risk. sion of and effec- quately identifies prehension of and comprehension of nor identify compli- tively identifies compliance risks, ability to identify and ability to iden- ance risks, includ- compliance risks, including emerging compliance risks, tify compliance ing emerging risks, including emerging risks, in the finan- including emerging risks, including in the financial in- risks, in the finan- cial institution’s risks, in the finan- emerging risks, in stitution. cial institution’s products, services, cial institution’s the financial institu- products, services, and other activities. products, services, tion. and other activities. and other activities. Management actively Management ade- engages in man- quately manages aging those risks, those risks, includ- including through ing through self-as- comprehensive sessments. self-assessments.
Corrective Action and Management Management ade- Management does Management re- Management is in- Self-Identification. proactively identi- quately responds to not adequately re- sponse to defi- capable, unwilling fies issues and and corrects defi- spond to compli- ciencies, violations and/or fails to re- promptly responds ciencies and/or vio- ance deficiencies and examination spond to defi- to compliance risk lations, including and violations in- findings is seriously ciencies, violations management defi- adequate remedi- cluding those re- deficient. or examination find- ciencies and any ation, in the normal lated to remediation. ings. violations of laws or course of business. regulations, includ- ing remediation.
Compliance Program Compliance Program factors should be evaluated commensurate with the institution’s size, complexity, and risk profile. Compliance expectations below extend to third-party relationships.
Policies and Proce- Compliance policies Compliance policies Compliance policies Compliance policies Compliance policies dures. and procedures and procedures and procedures and procedures and procedures and third-party rela- and third-party rela- and third-party rela- and third-party rela- and third-party rela- tionship manage- tionship manage- tionship manage- tionship manage- tionship manage- ment programs are ment programs are ment programs are ment programs are ment programs are strong, comprehen- adequate to man- inadequate at man- seriously deficient critically absent. sive and provide age the compliance aging the compli- at managing com- standards to effec- risk in the products, ance risk in the pliance risk in the tively manage com- services and activi- products, services products, services pliance risk in the ties of the financial and activities of the and activities of the products, services institution. financial institution. financial institution. and activities of the financial institution.
Training ...... Compliance training Compliance training Compliance training Compliance training Compliance training is comprehensive, outlining staff re- is not adequately is seriously defi- is critically absent. timely, and specifi- sponsibilities is pro- comprehensive, cient in its com- cally tailored to the vided timely to ap- timely, updated, or prehensiveness, particular respon- propriate staff. appropriately tai- timeliness, or rel- sibilities of the staff lored to the par- evance to staff with receiving it, includ- ticular responsibil- compliance respon- ing those respon- ities of the staff. sibilities, or has nu- sible for product merous major inac- development, mar- curacies. keting and cus- tomer service.
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CONSUMER COMPLIANCE RATING DEFINITIONS—Continued
Assessment factors to be considered 1 2 3 4 5
The compliance train- The compliance train- ing program is up- ing program is up- dated proactively in dated to encom- advance of the in- pass new products troduction of new and to comply with products or new changes to con- consumer protec- sumer protection tion laws and regu- laws and regula- lations to ensure tions. that all staff are aware of compli- ance responsibil- ities before rolled out.
Monitoring and/or Compliance moni- Compliance moni- Compliance moni- Compliance moni- Compliance moni- Audit. toring practices, toring practices, toring practices, toring practices, toring practices, management infor- management infor- management infor- management infor- management infor- mation systems, mation systems, mation systems, mation systems, mation systems, compliance audit, compliance audit, compliance audit, compliance audit, compliance audit, and internal control and internal control and internal control and internal con- or internal controls systems are com- systems adequately systems do not trols are seriously are critically ab- prehensive, timely, address compli- adequately address deficient in ad- sent. and successful at ance risks through- risks involving dressing risks in- identifying and out the financial in- products, services volving products, measuring material stitution. or other activities services or other compliance risk including timing activities. management and scope. throughout the fi- nancial institution. Programs are mon- itored proactively to identify procedural or training weak- nesses to preclude regulatory viola- tions. Program modifications are made expeditiously to minimize compli- ance risk.
Consumer Complaint Processes and proce- Processes and proce- Processes and proce- Processes and proce- Processes and proce- Response. dures for address- dures for address- dures for address- dures for address- dures for address- ing consumer com- ing consumer com- ing consumer com- ing consumer com- ing consumer com- plaints are strong. plaints are ade- plaints are inad- plaints and con- plaints are critically Consumer com- quate. Consumer equate. Consumer sumer complaint in- absent. Meaningful plaint investigations complaint investiga- complaint investiga- vestigations are se- investigations and and responses are tions and re- tions and re- riously deficient. responses are ab- prompt and thor- sponses are gen- sponses are not sent. ough. erally prompt and thorough or timely. thorough. Management mon- Management ade- Management does Management moni- Management exhibits itors consumer quately monitors not adequately toring of consumer a disregard for complaints to iden- consumer com- monitor consumer complaints is seri- complaints or pre- tify risks of poten- plaints and re- complaints. ously deficient. venting consumer tial consumer harm, sponds to issues harm. program defi- identified. ciencies, and cus- tomer service issues and takes appropriate action.
Violations of Law and Consumer Harm
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CONSUMER COMPLIANCE RATING DEFINITIONS—Continued
Assessment factors to be considered 1 2 3 4 5
Root Cause ...... The violations are the Violations are the re- Violations are the re- Violations are the re- Violations are the re- result of minor sult of modest sult of material sult of serious defi- sult of critical defi- weaknesses, if any, weaknesses in the weaknesses in the ciencies in the ciencies in the in the compliance compliance risk compliance risk compliance risk compliance risk risk management management sys- management sys- management sys- management sys- system. tem. tem. tem. tem. Severity ...... The type of consumer The type of consumer The type of consumer The type of consumer The type of consumer harm, if any, result- harm resulting from harm resulting from harm resulting from harm resulting from ing from the viola- the violations would the violations would the violations would the violations would tions would have a have a limited im- have a consider- have a serious im- have a serious im- minimal impact on pact on consumers. able impact on con- pact on consumers. pact on consumers. consumers. sumers. Duration ...... The violations and re- The violations and re- The violations and re- The violations and re- The violations and re- sulting consumer sulting consumer sulting consumer sulting consumer sulting consumer harm, if any, oc- harm, if any, oc- harm, if any, oc- harm, if any, have harm, if any, have curred over a brief curred over a lim- curred over an ex- been long standing been long standing period of time. ited period of time. tended period of or repeated. or repeated. time. Pervasiveness ...... The violations and re- The violations and re- The violations and re- The violations and re- The violations and re- sulting consumer sulting consumer sulting consumer sulting consumer sulting consumer harm, if any, are harm, if any, are harm, if any, are harm, if any, are harm, if any, are isolated in number. limited in number. numerous. widespread or in widespread or in multiple products or multiple products or services. services.
[End of proposed text.] Atlanta, Georgia 30309. Comments can FEDERAL RESERVE SYSTEM Dated: April 28, 2016. also be sent electronically to [email protected]: Formations of, Acquisitions by, and Federal Financial Institutions Examination Mergers of Bank Holding Companies Council. 1. Fanny Dascal, Miami Beach, Judith E. Dupre, Florida, as Trustee, Cesar R. Camacho, The companies listed in this notice FFIEC Executive Secretary. Miami, Florida, individually and as have applied to the Board for approval, [FR Doc. 2016–10289 Filed 5–2–16; 8:45 a.m.] Trustee, of The Fanny Dascal Grantor pursuant to the Bank Holding Company BILLING CODE 7535–01–P 6714–01–P; 6210–01–P 4810– Retained Annuity Trust, Miami, Florida, Act of 1956 (12 U.S.C. 1841 et seq.) 33–P; 4810–AM–P Jacqueline Dascal Chariff, Miami Beach, (BHC Act), Regulation Y (12 CFR part Florida, and Ana Marie Camacho, 225), and all other applicable statutes Miami, Florida; to acquire voting shares and regulations to become a bank FEDERAL RESERVE SYSTEM of Continental Bancorp, and directly holding company and/or to acquire the acquire voting shares of Continental assets or the ownership of, control of, or Change in Bank Control Notices; National Bank, both in Miami, Florida. the power to vote shares of a bank or Acquisitions of Shares of a Bank or bank holding company and all of the Bank Holding Company B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice banks and nonbanking companies The notificants listed below have President) 1 Memorial Drive, Kansas owned by the bank holding company, applied under the Change in Bank City, Missouri 64198–0001: including the companies listed below. The applications listed below, as well Control Act (12 U.S.C. 1817(j)) and 1. Todd Allen Cook, Laverne, § 225.41 of the Board’s Regulation Y (12 as other related filings required by the Oklahoma; to acquire voting shares of Board, are available for immediate CFR 225.41) to acquire shares of a bank Laverne Bancshares, Inc., and thereby or bank holding company. The factors inspection at the Federal Reserve Bank indirectly acquire voting shares of Bank indicated. The applications will also be that are considered in acting on the of Laverne, both in Laverne, Oklahoma. notices are set forth in paragraph 7 of available for inspection at the offices of the Act (12 U.S.C. 1817(j)(7)). In connection with this application, the Board of Governors. Interested The notices are available for Sheldon Olis Cook, McAlester, persons may express their views in immediate inspection at the Federal Oklahoma, as a member of the Cook writing on the standards enumerated in Reserve Bank indicated. The notices Family Group, and acting individually, the BHC Act (12 U.S.C. 1842(c)). If the also will be available for inspection at has applied to retain voting shares of proposal also involves the acquisition of the offices of the Board of Governors. Laverne Bancshares, Inc., and thereby a nonbanking company, the review also Interested persons may express their indirectly retain voting shares of Bank includes whether the acquisition of the views in writing to the Reserve Bank of Laverne, both in Laverne, Oklahoma. nonbanking company complies with the standards in section 4 of the BHC Act indicated for that notice or to the offices Board of Governors of the Federal Reserve of the Board of Governors. Comments System, April 28, 2016. (12 U.S.C. 1843). Unless otherwise must be received not later than May 18, noted, nonbanking activities will be Michael J. Lewandowski, 2016. conducted throughout the United States. A. Federal Reserve Bank of Atlanta Associate Secretary of the Board. Unless otherwise noted, comments (Chapelle Davis, Assistant Vice [FR Doc. 2016–10332 Filed 5–2–16; 8:45 am] regarding each of these applications President) 1000 Peachtree Street NE., BILLING CODE 6210–01–P must be received at the Reserve Bank
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indicated or the offices of the Board of Board of Governors of the Federal Reserve Prevention and Right-to-Know Governors not later than May 27, 2016. System, April 28, 2016. Information. A. Federal Reserve Bank of Chicago Michael J. Lewandowski, Instructions: Please submit comments (Colette A. Fried, Assistant Vice Associate Secretary of the Board. only and cite Information Collection 9000–0147, Pollution Prevention and President) 230 South LaSalle Street, [FR Doc. 2016–10330 Filed 5–2–16; 8:45 am] Right-to-Know Information, in all Chicago, Illinois 60690–1414: BILLING CODE 6210–01–P correspondence related to this 1. County Bank Corporation, Lapeer, collection. Comments received generally Michigan; to merge with Capac Bancorp, DEPARTMENT OF DEFENSE will be posted without change to Inc., and thereby indirectly acquire CSB http://www.regulations.gov, including Bank, both in Capac, Michigan. GENERAL SERVICES any personal and/or business Board of Governors of the Federal Reserve ADMINISTRATION confidential information provided. To System, April 28, 2016. confirm receipt of your comment(s), please check www.regulations.gov, Michael J. Lewandowski, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION approximately two to three days after Associate Secretary of the Board. submission to verify posting (except [FR Doc. 2016–10331 Filed 5–2–16; 8:45 am] [OMB Control No. 9000–0147; Docket 2016– allow 30 days for posting of comments 0053; Sequence 17] BILLING CODE 6210–01–P submitted by mail). Information Collection; Pollution FOR FURTHER INFORMATION CONTACT: Mr. Prevention and Right-to-Know Charles Gray, Procurement Analyst, FEDERAL RESERVE SYSTEM Information Office of Acquisition Policy, GSA, 202– 208–6726 or email charles.gray@ Change in Bank Control Notices; AGENCY: Department of Defense (DOD), gsa.gov. Formations of, Acquisitions by, and General Services Administration (GSA), Mergers of Bank Holding Companies; and National Aeronautics and Space SUPPLEMENTARY INFORMATION: Correction Administration (NASA). A. Purpose ACTION: Notice of request for public This notice corrects a notice (FR Doc. The Emergency Planning and comments regarding an extension to an Community Right-to-Know Act of 1986 2016–09498) published on page 24101 existing OMB clearance. of the issue for Monday, April 25, 2016. (EPCRA) (42 U.S.C. 11001–11050) and the Pollution Prevention Act of 1990 Under the Federal Reserve Bank of SUMMARY: Under the provisions of the Paperwork Reduction Act, the (PPA), (42 U.S.C. 13101–13109); and New York heading, the entry for Executive Order 13693, Planning for Basswood Capital Management, LLC, Regulatory Secretariat Division will be submitting to the Office of Management Federal Sustainability in the Next New York, New York, is revised to read and Budget (OMB) a request to review Decade, dated March 25, 2015, require as follows: and approve an extension of a that Federal facilities maintain reports 1. Basswood Capital Management, previously approved information on hazardous materials and toxic LLC, New York, New York; funds for collection requirement concerning chemicals and pollution prevention which Basswood Partners, LLC serves as pollution prevention and right-to-know efforts. In keeping with this mandate, General Partner and for which information. Federal contractors performing at a Federal facility must provide sufficient Basswood Capital Management, LLC DATES: Submit comments on or before serves as Investment Manager information to the Federal Government July 5, 2016. to ensure that the facility is compliant (Basswood Opportunity Partners, LP; ADDRESSES: Submit comments with the E.O., PPA, and EPCRA. This Basswood Financial Fund, LP; identified by Information Collection information collection is carried out by Basswood Financial Long Only Fund, 9000–0147, Pollution Prevention and means of Federal Acquisition LP); a fund for which Basswood Right-to-Know Information by any of the Regulation (FAR) clause 52.223–5, Enhanced Long Short GP, LLC serves as following methods: Pollution Prevention and Right-To- General Partner and for which • Regulations.gov: http:// Know Information. Basswood Capital Management, LLC www.regulations.gov. serves as Investment Manager Submit comments via the Federal B. Annual Reporting Burden (Basswood Enhanced Long Short Fund, eRulemaking portal by searching the Number of Respondents: 3,035. LP); funds for which Basswood Capital OMB control number. Select the link Responses per Respondent: 1.6. Management, LLC serves as Investment ‘‘Submit a Comment’’ that corresponds Total Annual Responses: 4,713. Manager (Basswood Opportunity Fund, with ‘‘Information Collection 9000– Hours per Response: 3.7. Inc.; Basswood Financial Fund, Inc.; 0147, Pollution Prevention and Right-to- Estimated Total Burden Hours: BCM Select Equity I Master, Ltd.; Main Know Information’’. Follow the 17,498. Street Master, Ltd.); Basswood Capital instructions provided at the ‘‘Submit a Needs and uses: This information Management, LLC as investment adviser Comment’’ screen. Please include your collection supports the Government’s to two managed accounts; Matthew name, company name (if any), and need to collect from contractors the Lindenbaum, and Bennett Lindenbaum, ‘‘Information Collection 9000–0147, information needed to assure that both of New York City, New York; to Pollution Prevention and Right-to-Know Federal facilities are compliant with the collectively acquire voting shares of Information’’ on your attached Emergency Planning and Community document. right-to-Know Act of 1985, (42 U.S.C. Suffolk Bancorp, and thereby indirectly • Mail: General Services 11001–11050), the Pollution Prevention acquire Suffolk County National Bank, Administration, Regulatory Secretariat Act of 1990, (42 U.S.C. 13101–13109), both in Riverhead, New York. Division (MVCB), 1800 F Street NW., and Executive Order 13693, Planning Comments on this application must Washington, DC 20405. ATTN: Ms. for Federal Sustainability in the Next be received by May 10, 2016. Flowers/IC 9000–0147, Pollution Decade, dated March 25, 2015.
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Affected Public: Businesses or other- just more care. This challenge will are launching a MIPS mobile challenge for-profit entities and not-for-profit address one of the most important to find innovative ways of improving institutions. aspects of our programs, which is communication to educate physicians, Frequency: On occasion. educating and providing outreach to the support staff, health organization potential 1.2 million MIPS eligible C. Public Comments leadership, data vendors, and others clinicians. impacted parties. Due to the multiple Public comments are particularly DATES: Important dates concerning the user types and facets of the MIPS invited on: Whether this collection of Challenge include the following: program we are looking at utilizing a information is necessary for the proper MIPS Mobile Challenge: To be mobile platform, which could be a performance of functions of the Federal announced on www.challenge.gov and mobile site or application to determine Acquisition Regulations (FAR), and opened for submissions in https:// how to best keep our customers/end whether it will have practical utility; jira.oncprojectracking.org, April 25, users informed and meet their specific whether our estimate of the public 2016. needs. We also want to provide the burden of this collection of information Deadline for Phase I Submissions: is accurate, and based on valid capability to access assistance to help July 15, 2016. MIPS clinicians learn and get help with assumptions and methodology; ways to HHS announces top three-five enhance the quality, utility, and clarity specific areas. This challenge has the challenge applicants and launches potential to make a significant impact as of the information to be collected; and Phase II. Applicants that did not win not only are there 1.2 million MIPS ways in which we can minimize the Phase I will be permitted to compete for clinicians but also millions of people burden of the collection of information Phase II: July 30, 2016. on those who are to respond, through Deadline for Phase II Submissions: who support the success of these MIPS the use of appropriate technological September 30, 2016. clinicians. Having key information and collection techniques or other forms of HHS announces grand prize winner: access to the right support at the right information technology. October 15, 2016 (tentative). time reduces burden and provides Obtaining Copies of Proposals: FOR FURTHER INFORMATION CONTACT: increased satisfaction for the MIPS Requesters may obtain a copy of the Mindy Hangsleben, (410) 786–6954 for clinicians and their supporting entities. information collection documents from general information. Stan Ostrow, (410) The challenge will run in the two the General Services Administration, 786–7207 for inquiry on Information phases listed below in this section. Regulatory Secretariat Division (MVCB), Systems Group. Phase I participants can move onto 1800 F Street NW., Washington, DC SUPPLEMENTARY INFORMATION: phase II even if their phase I design was 20405, telephone 202–501–4755. Please not selected. The focus of the two cite OMB Control Number 9000–0147, I. Background phases are as follows: Pollution Prevention and Right-to-Know The Medicare Access and CHIP • Information, in all correspondence. Phase I: Creation of an initial Reauthorization Act of 2015 (Pub. L. mobile platform that will feature Dated: April 28, 2016. 114–10, enacted April 16, 2015) innovative ways of transmitting Lorin S. Curit, (MACRA) requires the Secretary to educational materials or fostering Director, Federal Acquisition Policy Division, establish a new Merit-based Incentive collaboration amongst users to provide Payment System (MIPS) program, which Office of Governmentwide Acquisition Policy, meaningful education. This will entail Office of Acquisition Policy, Office of will assist the Centers for Medicare & creating wireframes, storyboards, mobile Governmentwide Policy. Medicaid Services (CMS) in accelerating screen mock-ups and initial usability [FR Doc. 2016–10325 Filed 5–2–16; 8:45 am] the transition from the traditional fee- testing focused on the design and user BILLING CODE 6820–EP–P for-service payment model to a system that rewards health care providers for experience. In addition, participants value rather than volume of services will co-design with users to understand their needs to influence their DEPARTMENT OF HEALTH AND provided. The MIPS program combines submission. HUMAN SERVICES parts of the Physician Quality Reporting System, the Value Modifier (VM or • Phase II: Development and Centers for Medicare & Medicaid Value-based Payment Modifier), and the functional integration of any features Services Medicare Electronic Health Record from Phase I, and user experience (EHR) Incentive Program into one single [CMS–3333–N] testing. During this phase, the program that assesses the performance participants must submit the object and Medicare Program; Announcement of of MIPS eligible clinicians based on four source code, as well as a detailed Requirements and Registration for the performance categories: (1) Quality, (2) description showing that the output MIPS Mobile Challenge Resource use, (3) Clinical practice meets section 508 compliance per the improvement activities, and (4) Rehabilitation Act of 1973 (29 U.S.C. AGENCY: Meaningful use of certified EHR Centers for Medicare & 794d), as amended by the Workforce Medicaid Services (CMS), HHS. technology. This program has the Investment Act of 1998 (Pub. L. 105– potential of impacting 1.2 million MIPS ACTION: Notice. 220, enacted August 7, 1998) (WIA) clinicians. SUMMARY: This notice launches a One of the most important aspects including at least instructions on how to challenge related to the new Merit-based and challenges of our program is install and operate, and system Incentive Payment System (MIPS) educating and providing outreach to the requirements for running the mobile program, which will assist the Centers potential 1.2 million MIPS clinicians. platform. Participants may submit, as for Medicare & Medicaid Services (CMS) Feedback we have received from our part of the submission, additional in accelerating the transition from the customers/end users is that they want software documentation, if they believe traditional fee-for-service payment more real-time information and access it provides a more complete description model to a system that rewards health to assistance so they can successfully of the mobile platforms. care providers for giving better care, not report to our programs. Therefore, we
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II. Provisions of the Notice An individual or entity shall not be • Phase 2 deemed ineligible because the A. Subject of Challenge Competition: ++ Ease in which a user can navigate individual or entity used federal MIPS Mobile Challenge Usability and Design; facilities or consulted with federal ++ Evidence of design with User 1. Eligibility Rules for Participating in employees during a competition if the feedback; the Competition facilities and employees are made ++ Innovation in Design; To be eligible to win a prize under available to all individuals and entities ++ Functionality/Accuracy; and this challenge, participants (individual participating in the competition on an ++ Look and Feel. equitable basis. or entity) must comply with each and C. Additional Information every rule set forth in this section: Challenge participants will sign a 1. Shall register to participate in the liability release as part of the contest Challenge participants will draw from competition under the rules registration process. The liability release existing information provided on promulgated below by the Department will use the following language: www.cms.gov and collaborate directly of Health and Human Services (HHS). By participating in this competition, I with health professionals and/or end 2. In the case of a private entity, shall agree to assume any and all risks and users to build their application. The be incorporated in and maintain a waive claims against the federal participants will have access to primary place of business in the United government and its related entities, www.cms.gov and to end users. States, and in the case of an individual, except in the case of willing Challenge details and registration are whether participating individually or in misconduct, for any injury, death, located at www.challenge.gov. a group, shall be a citizen or permanent damage, or loss of property, revenue, or III. Collection of Information resident of the United States. profits, whether direct, indirect, or Requirements 3. HHS Employees may participate in consequential, arising from my the MIPS Mobile Challenge, but may not participation in this prize contest, This document does not impose submit in the scope of their employment whether the injury, death, damage, or information collection requirements, and may not pursue an application loss arises through negligence or that is, reporting, recordkeeping or while in the federal workplace or while otherwise. third-party disclosure requirements. on duty. Consequently, there is no need for 4. Shall not be an employee of the B. Registration Process for Participants review by the Office of Management and CMS. 1. Amount of the Prize Budget under the authority of the 5. Federal grantees may not use Paperwork Reduction Act of 1995 (44 federal funds to develop the America The top 3 to 5 winners for phase I of U.S.C. 3501 et seq.). the challenge will be provided a COMPETES Reauthorization Act of 2010 Dated: April 20, 2016. (Pub. L. 111–358, enacted January 4, monetary cash prize totaling $10,000 Andrew M. Slavitt, 2011) (COMPETES Act) challenge per winner. The Phase II final challenge applications unless consistent with the winner will be provided a monetary Acting Administrator, Centers for Medicare & Medicaid Services. purpose of their grant award. cash prize totaling $25,000. [FR Doc. 2016–10301 Filed 5–2–16; 8:45 am] 6. Federal contractors may not use 2. How Winners Are Selected federal funds from a contract to develop BILLING CODE 4120–01–P COMPETES Act challenge applications Challenge submissions will be judged or to fund efforts in support of a by a panel selected by CMS with DEPARTMENT OF HEALTH AND COMPETES Act challenge submission. relevant expertise in current CMS 7. Applicants must agree to provide reporting systems. The expert panel of HUMAN SERVICES the federal government an irrevocable, judges, qualified by training and experience, will evaluate the Centers for Medicare & Medicaid royalty-free, non-exclusive worldwide Services license in the winning work(s) or submissions on the criteria identified below in this section. Judges will be fair component parts thereof, in the event Privacy Act of 1974; Report of New and impartial, may not have a personal that they are prize winner(s). HHS shall System of Records be granted the rights to reproduce, or financial interest in, or be an distribute copies to the public, publicly employee, officer, director, or agent of, AGENCY: Department of Health and display, create derivative works, and any entity that is a registered participant Human Services (HHS), Centers for publicly post, link to, and share the in the competition, and may not have a Medicare & Medicaid Services (CMS). winning work(s) or parts thereof. personal or financial relationship with ACTION: Notice of New System of A submission may be disqualified if, an individual who is a registered Records (SOR). in CMS’s sole judgment: contestant. The panel will provide • Fails to function as expressed in the expert advice on the merits of each SUMMARY: In accordance with the detailed description, submission to CMS officials responsible requirements of the Privacy Act of 1974, • The detailed description is for final selections for award. Awardees we are proposing to establish a new significantly inaccurate or incomplete, will be notified on or around the dates SOR titled, ‘‘CMS Risk Adjustment Data or listed in the ‘‘Date’’ section. Winners Validation System (RAD–V),’’ System • Malware or other security threats will be selected based on the following No. 09–70–0511. Under § 1343 of the are present. criteria: Patient Protection and Affordable Care Participants agree that we may • Act (Pub. L. 111–148) as amended by conduct testing on the submitted code Phase 1 the Health Care and Education to determine whether malware or other ++ Ease in which a user can navigate Reconciliation Act of 2010 (Pub. L. 111– security threats may be present such Usability and Design; 152), (hereinafter, the ACA), and the that they may damage the equipment or ++ Evidence of design with User implementing regulations at 45 CFR part operating environments of the Federal feedback; 153, data collected and maintained in Government or those acting on its ++ Innovation in Design; and this system will be used to support the behalf. ++ Look and Feel. audit functions of the risk adjustment
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program, including validation activities SUPPLEMENTARY INFORMATION: Section The Privacy Act under the risk adjustment data 1343(b) of the ACA requires the The Privacy Act governs the validation program. Secretary to establish criteria and collection, maintenance, use, and The goal of the risk adjustment methods to carry out a risk adjustment dissemination of certain information program is to provide payments to non- program. Section 1321(a)(1)(C) of the about individuals by agencies of the grandfathered health insurance issuers ACA directs the Secretary to issue federal government. A system of records in the individual and small group regulations and set standards to is a group of any records under the markets that attract higher-risk establish the risk adjustment program. control of a federal agency from which populations, including a validation Consistent with § 1321(c)(1) of the ACA, information about individuals is program to ensure the reliability of data 45 CFR 153.310(a) provides that HHS retrieved by name or other personal used as a basis for risk adjustment will operate risk adjustment where a identifier. The Privacy Act requires each payments and charges. Non- State does not elect to administer the agency to publish notice in the Federal grandfathered plans are health plans risk adjustment program. The primary Register of the existence and character that came into existence after March 23, goals of the risk adjustment program are of each system of records that the 2010. Insurers offering these plans were to assist health plans that provide agency maintains, including the name required to modify them to follow the coverage to individuals with higher and location of the system; the ACA rules as of January 1, 2014. health care costs and will help ensure categories of individuals whom records The RAD–V system will contain that those who are sick have access to personally identifiable information (PII) are maintained; the categories, routine the coverage they need. The ACA’s risk about individuals who are current or uses, and sources of the records; the adjustment program also serves to level former enrollees in non-grandfathered agencies policies and practices the playing field inside and outside of health plans, including information regarding storage retrieval, access the individual and small group markets obtained through the risk adjustment controls, and retention and disposal of in each state by stabilizing premiums. data validation process to establish the the records; and the title and business relative deviation from the average. The Under 45 CFR 153.620(b), issuers of address of the agency official to contact program and the system of record are risk adjustment covered plans must with notification, access, and more thoroughly described in the maintain documents and records to amendment requests. SUPPLEMENTARY INFORMATION section and enable such evaluation, and must make SYSTEM NUMBER: System of Records Notice below. such records available to HHS upon At this time, the only personally request for purposes of verification, 09–70–0511. identifiable information that will be investigation, audit or other review. As SYSTEM NAME: collected under this System will be part of the risk adjustment data Risk Adjustment Data Validation through the RAD–V, part of the risk validation program, HHS may audit an System (RAD–V), HHS/CMS/CCIIO. adjustment program. issuer of a risk adjustment covered plan DATES: This action will be effective to assess its compliance with the risk SECURITY CLASSIFICATION: without further notice 30 days after adjustment requirements. Unclassified. publication in the Federal Register or The state, or HHS on behalf of the SYSTEM LOCATION: 40 days after providing a report of this state, must ensure proper validation of The RAD–V will be physically located Notice to the Office of Management and a statistically valid sample of risk at the CMS Data Center, 7500 Security Budget and Congress, whichever is later. adjustment data from each issuer that Boulevard, North Building, First Floor, Written comments should be submitted offers at least one risk adjustment Baltimore, MD 21244–1850, and at within 30 days of publication in the covered plan in that state, as well as an various contractor sites. Federal Register. HHS may publish an administrative process to appeal amended system of records notice findings from the risk adjustment data CATEGORIES OF INDIVIDUALS COVERED BY THE (SORN) in light of any comments validation process. When HHS is SYSTEM: received. conducting the risk adjustment data The system will contain information ADDRESSES: Written comments can be validation program, 45 CFR 153.620(a) about individuals currently or sent to: CMS Privacy Act Officer, and 153.630(a), requires issuers of risk previously enrolled in a risk adjustment Division of Security, Privacy Policy & adjustment covered plans to comply covered plan as defined at 45 CFR Governance, Information Security & with any request for data for any audit 153.20, and individual providers of Privacy Group, Office of Enterprise or validation preformed, including medical or health care services. relevant source enrollment Information, CMS, 7500 Security CATEGORIES OF RECORDS IN THE SYSTEM: documentation, all claims and Boulevard, Baltimore, MD 21244–1870, CMS will collect demographic, Mailstop: N1–24–08, or by E-Mail to: encounter data, and medical record documentation. geographic, medical and/or health care [email protected]. Comments information, date of birth, gender, dates received will be available for review at Existing information privacy and of service about individuals that are this location, by appointment, during security standards, such as standards currently and previously enrolled in regular business hours, Monday through under HIPAA and those detailed at 45 risk adjustment covered plans. In Friday from 9:00 a.m.–3:00 p.m., Eastern CFR 153.630(f)(2), which governs the addition, CMS will collect identifiable Time zone. risk adjustment data validation program, information about individual health FOR INFORMATION CONTACT: Catherine will apply to issuers and their initial care providers, including but not Anderson, RAD–V Mailbox Coordinator, validation auditors. In order to limited to name, ITIN or EIN, and NPI Division of Risk Adjustment Operations, minimize the amount of individually numbers. CCIIO, CMS, 7500 Security Boulevard, identifiable information collected, CMS Baltimore, Maryland 21244. The email will use the smallest possible sample AUTHORITY FOR MAINTENANCE OF THE SYSTEM: address is size that will provide a statistically Authority for the maintenance of the CCIIOACARADataValidation@ valid sample, in accordance with the RAD–V is given under the provisions of cms.hhs.gov. regulations at 45 CFR 153.350(a). §§ 1321 and 1343 of the Patient
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Protection and Affordable Care Act jurisdiction within or under the control administrative safeguards sufficient to (Pub. L. 111–148) as amended by the of the United States (including any State protect the confidentiality, integrity and Health Care and Education or local governmental agency), that availability of the information and Reconciliation Act of 2010 (Pub. L. 111– administers, or that has the authority to information systems, and to prevent 152), and the Regulations at 45 CFR investigate, potential fraud in the health unauthorized access. 153.350, 153.620, 153.630. benefits program funded in whole or in This system will conform to all part by Federal funds, when disclosure applicable Federal laws and regulation PURPOSE(S) OF THE SYSTEM: is deemed reasonably necessary by CMS and Federal, HHS and CMS policies and The primary purpose of this system is to prevent, deter, discover, detect, standards as they relate to information to collect and maintain necessary to investigate, examine, prosecute, sue security and data privacy. These laws support the audit functions of the risk with respect to, defend against, correct, and regulation mat apply but are not adjustment programs, including remedy, or otherwise combat fraud or limited to: the Privacy Act of 1974; the validation activities under the risk abuse in such program. Federal Information Security Act of adjustment data validation system 6. To appropriate federal agencies and 2002; the Computer Fraud and Abuse (RAD–V). Department contractors that have a need Act of 1986; the Health Insurance Portability and Accountability Act of ROUTINE USES OF RECORDS MAINTAINED IN THE to know the information for the purpose 1996; the e-Government Act of 2002; the SYSTEM, INCLUDING CATEGORIES OR USERS AND of assisting the Department’s efforts to THE PURPOSES OF SUCH USES: respond to a suspected or confirmed Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, A. Entities Who May Receive breach of the security or confidentiality of information maintained in this and their corresponding implementing Disclosures under Routine Uses Records regulations. OMB Circular A–130, about an individual may be disclosed system of records, if the information disclosed is relevant to and necessary Management of Federal Resources, from this system of records to the Appendix III Security of Federal following parties outside the agency, for that assistance; and information from this system may become available to Automated Information Resources also without the individual’s consent, for applies, as well as Federal, HHS, and these purposes: U.S. Department of Homeland Security (DHS) cyber security personnel if CMS information system security and 1. To CMS contractors who have been privacy policies. engaged by the agency to assist in the captured in an intrusion detection performance of a service related to this system used by HHS and DHS pursuant RETENTION AND DISPOSAL: collection and who need to have access to a DHS cyber security program that Records will be maintained until they to the records in order to perform the monitors internet traffic to and from become inactive, at which time they activity. federal government computer networks will be retired or destroyed in 2. To a health insurance issuer to prevent a variety of types of accordance with published records participating in the risk adjustment data cybersecurity incidents. schedules of CMS, as approved by the validation program or any agent, Records may also be disclosed to National Archives and Records contractor, sub-contractor or entity of parties outside the agency, without the Administration, and following the that health insurance issuer that has individual’s consent, for any of the guidelines in National Institutes of entered into an agreement or contract purposes authorized directly in the Science and Technology (NIST) Special with the issuer to assist in compliance Privacy Act at 5 U.S.C § 552(a)(b)(1), (2) Publication 800–88, Guidelines for with the risk adjustment data validation and (b)(4)–(b)(12). Media Sanitation. Enrollee claims program. POLICIES AND PRACTICES FOR STORING, records subject to a document 3. The Department of Justice (DOJ), a RETRIEVING, ACCESSING, RETAINING, AND preservation order will be preserved court or an adjudicatory body when: a. DISPOSING OF RECORDS IN THE SYSTEM consistent with the terms of the court’s The agency or any component thereof, STORAGE: order. or b. Any employee of the agency in his/ Archived records for the risk SYSTEM MANAGER AND ADDRESS: her official capacity, or c. Any employee adjustment data validation program will of the agency in his/her individual Director, Division of Risk Adjustment be stored in electronic form in the HHS– capacity where the DOJ has agreed to Operations, Payment Policy & Financial RADV Audit Tool maintained in the represent the employee, or d. The Management Group, CCIIO, CMS, 7500 Acumen Web Portal. United States Government is a party to Security Boulevard, Baltimore, MD litigation or has an interest in such RETRIEVABILITY: 21244. litigation, and by careful review, CMS The data collected is retrieved by the NOTIFICATION PROCEDURE: determines that the records are both name of an individual, or by some other Individuals wishing to know if this relevant and necessary to the litigation identifying number, symbol, or other system contains records about them and that the use of such records by the identifying particular assigned to an should write to the System Manager and DOJ, a court or an adjudicatory body is individual. include pertinent personally identifiable compatible for the purpose for which information (which CMS recommends SAFEGUARDS: the agency collected the records. be encrypted and properly transmitted) 4. To a CMS contractor that assists in CMS has safeguards in place for to be used for retrieval of their records. the administration of a CMS authorized users and monitors such administered health benefits program, users to ensure against excessive or RECORD ACCESS PROCEDURE: when disclosure is deemed reasonably unauthorized use. Personnel having Individuals seeking access to records necessary by CMS, to prevent, deter, access to the RAD–V have been trained about them in this system should follow discover, detect, investigate, examine, in the Privacy Act information privacy the same instructions indicated under prosecute, sue with respect to, defend and security requirements. Employees ‘‘Notification Procedure’’ and against, correct, remedy, or otherwise who maintain records in this system are reasonably specify the record content combat fraud or abuse in such program. instructed not to release data unless the being sought. (These procedures are in 5. To another Federal agency or to an intended recipient agrees to implement accordance with HHS regulations at 45 instrumentality of any governmental appropriate physical, technical, and CFR 5b.5(a)(2).)
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CONTESTING RECORD PROCEDURES: Dated: April 26, 2016. and renovation of child care facilities. A Individuals seeking to contest the Emery Csulak, tribal grantee must first request and content of information about them in CMS Senior Official for Privacy, Centers for receive approval from the this system should follow the same Medicare & Medicaid Services. Administration for Children and instructions indicated under [FR Doc. 2016–10253 Filed 5–2–16; 8:45 am] Families (ACF) before using CCDF funds ‘‘Notification Procedure.’’ The request BILLING CODE 4120–03–P for construction or major renovation. should: Reasonably identify the record This information collection contains the and specify the information being statutorily-mandated uniform contested; state the corrective action DEPARTMENT OF HEALTH AND procedures for the solicitation and sought; and provide the reasons for the HUMAN SERVICES consideration of requests, including correction, with supporting justification. instructions for preparation of (These procedures are in accordance Administration for Children and environmental assessments in with HHS regulations at 45 CFR 5b.7.) Families conjunction with the National RECORD SOURCE CATEGORIES: Submission for OMB Review; Environmental Policy Act. The The RAD–V will contain individually Comment Request proposed draft procedures update the identifiable enrollment and procedures that were originally issued Title: Procedures for Requests from demographic information, claims and in August 1997 and last updated in Tribal Lead Agencies to use Child Care encounter information and enrollees’ April 2013. Respondents will be CCDF and Development Fund (CCDF) Funds medical records provided by issuers of tribal grantees requesting to use CCDF risk adjustment covered plans. The for Construction or Major Renovation of Child Care Facilities. funds for construction or major issuers will provide the information as renovation. requested by CMS or a contractor on OMB No.: 0970–0160. Description: The Child Care and CMS’ behalf. Respondents: Tribal Child Care Lead Development Block Grant Act, as Agencies acting on behalf of Tribal SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS amended, allows Indian Tribes to use Governments. OF THE ACT: Child Care and Development Fund None. (CCDF) grant awards for construction
ANNUAL BURDEN ESTIMATES
Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours
Construction or Major Renovation of Tribal Child Care Facilities ...... 5 1 20 100
Estimated Total Annual Burden the Administration for Children and information, including each proposed Hours: 100. Families. extension of an existing collection of information, and to allow 60 days for Additional Information: Copies of the Robert Sargis, public comment in response to the proposed collection may be obtained by Reports Clearance Officer. writing to the Administration for notice. This notice solicits comments on [FR Doc. 2016–10293 Filed 5–2–16; 8:45 am] the information collection requirements Children and Families, Office of BILLING CODE 4184–01–P relating to an extension with no changes Planning, Research and Evaluation, 330 of a currently approved collection of the C Street, Washington, DC 20201, Attn: Title III and VII State Program Report. ACF Reports Clearance Officer. Email DEPARTMENT OF HEALTH AND DATES: Submit written or electronic address: [email protected]. All HUMAN SERVICES comments on the collection of requests should be identified by the title information by July 5, 2016. of the information collection. Administration for Community Living ADDRESSES: Submit electronic OMB Comment: OMB is required to Agency Information Collection comments on the collection of make a decision concerning the Activities; Proposed Extension With information to: Elena.Fazio@ collection of information between 30 No Changes of a Currently Approved acl.hhs.gov. and 60 days after publication of this Collection; Comment Request; State Submit written comments on the document in the Federal Register. Program Report collection of information to: U.S. Therefore, a comment is best assured of Department of Health and Human AGENCY: having its full effect if OMB receives it Administration for Community Services: Administration for Living, HHS. within 30 days of publication. Written Community Living, Washington, DC comments and recommendation for the ACTION: Notice. 20201, Attention: Elena Fazio. proposed information collection should FOR FURTHER INFORMATION CONTACT: SUMMARY: The Administration for be sent directly to the following: Office Community Living (ACL) is announcing Elena Fazio by telephone: (202) 795– of Management and Budget, Paperwork an opportunity for public comment on 7343 or by email: Elena.Fazio@ Reduction Project, Fax: 202–395–7285, the proposed collection of certain acl.hhs.gov. _ Email: OIRA SUBMISSION@ information by the agency. Under the SUPPLEMENTARY INFORMATION: Under the OMB.EOP.GOV, Attn: Desk Officer for Paperwork Reduction Act of 1995 (the PRA (44 U.S.C. 3501–3520), Federal PRA), Federal agencies are required to agencies must obtain approval from the publish notice in the Federal Register Office of Management and Budget concerning each proposed collection of (OMB) for each collection of
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information they conduct or sponsor. ACL estimates the burden of this Name of Committee: National Institute of ‘‘Collection of information’’ is defined collection of information as follows: Allergy and Infectious Diseases Special in 44 U.S.C. 3502(3) and 5 CFR 2750 hours. Emphasis Panel; NIAID Peer Review Meeting. Date: May 31, 2016. 1320.3(c) and includes agency request Dated: April 28, 2016. Time: 1:00 p.m. to 3:30 p.m. or requirements that members of the Kathy Greenlee, Agenda: To review and evaluate contract public submit reports, keep records, or Administrator and Assistant Secretary for proposals. provide information to a third party. Aging. Place: National Institutes of Health, Room Section 3506(c)(2)(A) of the PRA (44 3F100, 5601 Fishers Lane, Rockville, MD [FR Doc. 2016–10323 Filed 5–2–16; 8:45 am] U.S.C. 3506(c)(2)(A)) requires Federal 20892 (Telephone Conference Call). agencies to provide a 60-day notice in BILLING CODE 4154–01P Contact Person: Kelly Y. Poe, Ph.D., the Federal Register concerning each Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, proposed collection of information, DEPARTMENT OF HEALTH AND Room 3F40B, National Institutes of Health, including each proposed extension of an HUMAN SERVICES NIAID, 5601 Fishers Lane, MSC 9823, existing collection of information, Bethesda, MD 20892–9823, 240–669–5036, before submitting the collection to OMB National Institutes of Health [email protected]. for approval. To comply with this (Catalogue of Federal Domestic Assistance requirement, ACL is publishing notice National Institute of Allergy and Program Nos. 93.855, Allergy, Immunology, of the proposed extension with no Infectious Diseases; Notice of Closed and Transplantation Research; 93.856, changes of a currently approved Meetings Microbiology and Infectious Diseases collection of information set forth in Research, National Institutes of Health, HHS) Pursuant to section 10(d) of the this document. With respect to the Dated: April 27, 2016. Federal Advisory Committee Act, as following collection of information, Natasha M. Copeland, amended (5 U.S.C. App.), notice is ACL invites comments on: (1) Whether Program Analyst, Office of Federal Advisory hereby given of the following meetings. Committee Policy. the proposed collection of information The meetings will be closed to the is necessary for the proper performance public in accordance with the [FR Doc. 2016–10262 Filed 5–2–16; 8:45 am] of ACL’s functions, including whether provisions set forth in sections BILLING CODE 4140–01–P the information will have practical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., utility; (2) the accuracy of ACL’s as amended. The grant applications and DEPARTMENT OF HEALTH AND estimate of the burden of the proposed the discussions could disclose HUMAN SERVICES collection of information, including the confidential trade secrets or commercial validity of the methodology and property such as patentable material, National Institutes of Health assumptions used; (3) ways to enhance and personal information concerning the quality, utility, and clarity of the individuals associated with the grant National Heart, Lung, and Blood information to be collected; and (4) applications, the disclosure of which Institute: Notice of Closed Meetings ways to minimize the burden of the would constitute a clearly unwarranted collection of information on invasion of personal privacy. Pursuant to section 10(d) of the respondents, including through the use Federal Advisory Committee Act, as of automated collection techniques Name of Committee: National Institute of amended (5 U.S.C. App.), notice is when appropriate, and other forms of Allergy and Infectious Diseases Special hereby given of the following meetings. Emphasis Panel; NIAID Investigator Initiated The meetings will be closed to the information technology. Program Project Applications (P01). The Older Americans Act (OAA) Date: May 24, 2016. public in accordance with the requires annual program performance Time: 11:00 a.m. to 5:00 p.m. provisions set forth in sections reports from States, the District of Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Columbia, and Territories. In applications. as amended. The grant applications and compliance with this OAA provision, Place: National Institutes of Health, 5601 the discussions could disclose Fishers Lane, Rockville, MD 20892 ACL developed a State Program Report confidential trade secrets or commercial (Telephone Conference Call). property such as patentable material, (SPR) in 1996 as part of its National Contact Person: Thomas F. Conway, Ph.D., Aging Program Information System and personal information concerning Scientific Review Officer, Scientific Review individuals associated with the grant (NAPIS). The SPR collects information Program, Division of Extramural Actives, about how State Agencies on Aging Room 3G51, National Institutes of Health, applications, the disclosure of which expend their OAA funds as well as NIAID, 5601 Fishers Lane, MSC 9823, would constitute a clearly unwarranted funding from other sources for OAA Bethesda, MD 20892–9823, 240–507–9685, invasion of personal privacy. authorized supportive services. The SPR [email protected]. Name of Committee: National Heart, Lung, also collects information on the Name of Committee: National Institute of and Blood Institute Special Emphasis Panel; demographic and functional status of Allergy and Infectious Diseases Special NHLBI Short-Term Experience in Research. Emphasis Panel; NIAID Peer Review Meeting. Date: May 23, 2016. the recipients, and is a key source for Date: May 26, 2016. Time: 11:00 a.m. to 2:00 p.m. ACL performance measurement. This Time: 10:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant collection is an extension with no Agenda: To review and evaluate contract applications. changes of the 2013 approved version. proposals. Place: National Institutes of Health, 6701 The proposed version will be in effect Place: NIAID/DEA/SRP, Room 3F100, 5601 Rockledge Drive, Room 7194, Bethesda, MD for the FY 2017 reporting year and Fishers Lane, Rockville, MD 20852 20892 (Telephone Conference Call). thereafter. The proposed FY 2017 (Telephone Conference Call). Contact Person: Charles Joyce, Ph.D., version may be found on the ACL Web Contact Person: Susana Mendez, DVM, Scientific Review Officer, Office of Scientific Ph.D., Scientific Review Officer, Scientific Review/DERA, National Heart, Lung, and site link entitled Proposed State Review Program, Division of Extramural Blood Institute, 6701 Rockledge Drive, Room Program Report (SPR) Form 2016 Activities, Room 3G53B, National Institutes 7196, Bethesda, MD 20892–7924, 301–435– Extension With No Changes available at of Health, NIAID, 5601 Fishers Lane Dr. MSC 0288, [email protected]. http://www.aoa.acl.gov/Program_ 9823, Bethesda, MD 20892–9823, (240) 669– Name of Committee: National Heart, Lung, Results/OAA_Performance.aspx. 5077, [email protected]. and Blood Institute Special Emphasis Panel;
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Short-Term Research Education to Increase lists until such time as it is restored to Aegis Analytical Laboratories, Inc. Diversity. full certification under the Mandatory 345 Hill Ave. Date: May 23, 2016. Guidelines. Nashville, TN 37210 Time: 12:00 p.m. to 2:30 p.m. If any laboratory or IITF has 615–255–2400 Agenda: To review and evaluate grant applications. withdrawn from the HHS National (Formerly: Aegis Sciences Corporation, Place: National Institutes of Health, 6701 Laboratory Certification Program (NLCP) Aegis Analytical Laboratories, Inc., Rockledge Drive, Room 7189, Bethesda, MD during the past month, it will be listed Aegis Analytical Laboratories) 20892 (Telephone Conference Call). at the end and will be omitted from the Alere Toxicology Services Contact Person: Stephanie L. Constant, monthly listing thereafter. 1111 Newton St. Ph.D., Scientific Review Officer, Office of This notice is also available on the Gretna, LA 70053 Scientific Review/DERA, National Heart, Internet at http://www.samhsa.gov/ 504–361–8989/800–433–3823 Lung, and Blood Institute, 6701 Rockledge workplace. Drive, Room 7189, Bethesda, MD 20892, 301– (Formerly: Kroll Laboratory Specialists, 443–8784, [email protected]. FOR FURTHER INFORMATION CONTACT: Inc., Laboratory Specialists, Inc.) (Catalogue of Federal Domestic Assistance Giselle Hersh, Division of Workplace Alere Toxicology Services Program Nos. 93.233, National Center for Programs, SAMHSA/CSAP, 5600 450 Southlake Blvd. Sleep Disorders Research; 93.837, Heart and Fishers Lane, Room 16N03A, Rockville, Richmond, VA 23236 Vascular Diseases Research; 93.838, Lung Maryland 20857; 240–276–2600 (voice). 804–378–9130 Diseases Research; 93.839, Blood Diseases SUPPLEMENTARY INFORMATION: The (Formerly: Kroll Laboratory Specialists, and Resources Research, National Institutes Mandatory Guidelines were initially Inc., Scientific Testing Laboratories, of Health, HHS) developed in accordance with Executive Inc.; Kroll Scientific Testing Dated: April 27, 2016. Order 12564 and section 503 of Public Laboratories, Inc.) Michelle Trout, Law 100–71. The ‘‘Mandatory Baptist Medical Center-Toxicology Program Analyst, Office of Federal Advisory Guidelines for Federal Workplace Drug Laboratory Committee Policy. Testing Programs,’’ as amended in the 11401 I–30 [FR Doc. 2016–10261 Filed 5–2–16; 8:45 am] revisions listed above, requires strict Little Rock, AR 72209–7056 BILLING CODE 4140–01–P standards that laboratories and IITFs 501–202–2783 must meet in order to conduct drug and (Formerly: Forensic Toxicology specimen validity tests on urine Laboratory Baptist Medical Center) DEPARTMENT OF HEALTH AND specimens for federal agencies. Clinical Reference Lab HUMAN SERVICES To become certified, an applicant 8433 Quivira Road laboratory or IITF must undergo three Substance Abuse and Mental Health Lenexa, KS 66215–2802 rounds of performance testing plus an 800–445–6917 Services Administration on-site inspection. To maintain that DrugScan, Inc. certification, a laboratory or IITF must Current List of HHS-Certified 200 Precision Road, Suite 200 participate in a quarterly performance Laboratories and Instrumented Initial Horsham, PA 19044 testing program plus undergo periodic, Testing Facilities Which Meet Minimum 800–235–4890 Standards To Engage in Urine Drug on-site inspections. Laboratories and IITFs in the Dynacare * Testing for Federal Agencies applicant stage of certification are not to 245 Pall Mall Street AGENCY: Substance Abuse and Mental be considered as meeting the minimum London, ONT, Canada N6A 1P4 Health Services Administration, HHS. requirements described in the HHS 519–679–1630 (Formerly: Gamma-Dynacare Medical ACTION: Notice. Mandatory Guidelines. A HHS-certified laboratory or IITF must have its letter of Laboratories) SUMMARY: The Department of Health and certification from HHS/SAMHSA ElSohly Laboratories, Inc. Human Services (HHS) notifies federal (formerly: HHS/NIDA), which attests 5 Industrial Park Drive agencies of the laboratories and that it has met minimum standards. Oxford, MS 38655 Instrumented Initial Testing Facilities In accordance with the Mandatory 662–236–2609 (IITF) currently certified to meet the Guidelines dated November 25, 2008 Fortes Laboratories, Inc. standards of the Mandatory Guidelines (73 FR 71858), the following HHS- 25749 SW Canyon Creek Road, Suite for Federal Workplace Drug Testing certified laboratories and IITFs meet the 600 Programs (Mandatory Guidelines). The minimum standards to conduct drug Wilsonville, OR 97070 Mandatory Guidelines were first and specimen validity tests on urine 503–486–1023 published in the Federal Register on specimens: Laboratory Corporation of America April 11, 1988 (53 FR 11970), and Holdings subsequently revised in the Federal HHS-Certified Instrumented Initial 7207 N. Gessner Road Register on June 9, 1994 (59 FR 29908); Testing Facilities Houston, TX 77040 September 30, 1997 (62 FR 51118); Dynacare 713–856–8288/800–800–2387 April 13, 2004 (69 FR 19644); November 6628 50th Street NW 25, 2008 (73 FR 71858); December 10, Edmonton, AB Canada T6B 2N7 Laboratory Corporation of America 2008 (73 FR 75122); and on April 30, 780–784–1190 Holdings 2010 (75 FR 22809). (Formerly: Gamma-Dynacare Medical 69 First Ave. A notice listing all currently HHS- Laboratories) Raritan, NJ 08869 certified laboratories and IITFs is 908–526–2400/800–437–4986 published in the Federal Register HHS-Certified Laboratories (Formerly: Roche Biomedical during the first week of each month. If ACM Medical Laboratory, Inc. Laboratories, Inc.) any laboratory or IITF certification is 160 Elmgrove Park Laboratory Corporation of America suspended or revoked, the laboratory or Rochester, NY 14624 Holdings IITF will be omitted from subsequent 585–429–2264 1904 Alexander Drive
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Research Triangle Park, NC 27709 888–635–5840 Register, July 16, 1996) as meeting the 919–572–6900/800–833–3984 Quest Diagnostics Incorporated minimum standards of the Mandatory (Formerly: LabCorp Occupational 1777 Montreal Circle Guidelines published in the Federal Testing Services, Inc., CompuChem Tucker, GA 30084 Register on April 30, 2010 (75 FR Laboratories, Inc.; CompuChem 800–729–6432 22809). After receiving DOT Laboratories, Inc., A Subsidiary of (Formerly: SmithKline Beecham certification, the laboratory will be Roche Biomedical Laboratory; Roche Clinical Laboratories; SmithKline Bio- included in the monthly list of HHS- CompuChem Laboratories, Inc., A Science Laboratories) certified laboratories and participate in Member of the Roche Group) Quest Diagnostics Incorporated the NLCP certification maintenance Laboratory Corporation of America 400 Egypt Road program. Holdings Norristown, PA 19403 Summer King, 1120 Main Street 610–631–4600/877–642–2216 Statistician. Southaven, MS 38671 (Formerly: SmithKline Beecham [FR Doc. 2016–10260 Filed 5–2–16; 8:45 am] 866–827–8042/800–233–6339 Clinical Laboratories; SmithKline Bio- (Formerly: LabCorp Occupational Science Laboratories) BILLING CODE 4160–20–P Testing Services, Inc.; MedExpress/ Quest Diagnostics Incorporated National Laboratory Center) 8401 Fallbrook Ave. DEPARTMENT OF HOMELAND LabOne, Inc. d/b/a Quest Diagnostics West Hills, CA 91304 SECURITY 10101 Renner Blvd. 818–737–6370 Lenexa, KS 66219 (Formerly: SmithKline Beecham Coast Guard 913–888–3927/800–873–8845 Clinical Laboratories) (Formerly: Quest Diagnostics Redwood Toxicology Laboratory [Docket No. USCG–2015–0757] Incorporated; LabOne, Inc.; Center for 3700650 Westwind Blvd. Collection of Information Under Laboratory Services, a Division of Santa Rosa, CA 95403 Review by Office of Management and LabOne, Inc.) 800–255–2159 MedTox Laboratories, Inc. Budget; OMB Control Number: 1625– Southwest Laboratories 0041 402 W. County Road D 4625 E. Cotton Center Boulevard St. Paul, MN 55112 Suite 177 AGENCY: Coast Guard, DHS. 651–636–7466/800–832–3244 Phoenix, AZ 85040 ACTION: Thirty-day notice requesting MetroLab-Legacy Laboratory Services 602–438–8507/800–279–0027 comments. 1225 NE 2nd Ave. STERLING Reference Laboratories Portland, OR 97232 2617 East L Street SUMMARY: In compliance with the 503–413–5295/800–950–5295 Tacoma, Washington 98421 Paperwork Reduction Act of 1995 the Minneapolis Veterans Affairs Medical 800–442–0438 U.S. Coast Guard is forwarding an Center Information Collection Request (ICR), U.S. Army Forensic Toxicology Drug Forensic Toxicology Laboratory abstracted below, to the Office of Testing Laboratory 1 Veterans Drive 2490 Wilson St. Management and Budget (OMB), Office Minneapolis, MN 55417 Fort George G. Meade, MD 20755–5235 of Information and Regulatory Affairs 612–725–2088 301–677–7085 (OIRA), requesting approval for Testing for Veterans Affairs (VA) Testing for Department of Defense (DoD) reinstatement, with change, of the Employees Only Employees Only following collection of information: National Toxicology Laboratories, Inc. 1625–0041, Various International 1100 California Ave. * The Standards Council of Canada Agreement Pollution Prevention Bakersfield, CA 93304 (SCC) voted to end its Laboratory Certificates and Documents, and 661–322–4250/800–350–3515 Accreditation Program for Substance Equivalency Certificates. Our ICR Abuse (LAPSA) effective May 12, 1998. One Source Toxicology Laboratory, Inc. describes the information we seek to Laboratories certified through that collect from the public. Review and 1213 Genoa-Red Bluff program were accredited to conduct Pasadena, TX 77504 comments by OIRA ensure we only forensic urine drug testing as required 888–747–3774 impose paperwork burdens by U.S. Department of Transportation (Formerly: University of Texas Medical commensurate with our performance of (DOT) regulations. As of that date, the Branch, Clinical Chemistry Division; duties. certification of those accredited UTMB Pathology-Toxicology Canadian laboratories will continue DATES: Comments must reach the Coast Laboratory) under DOT authority. The responsibility Guard and OIRA on or before June 2, Pacific Toxicology Laboratories for conducting quarterly performance 2016. 9348 DeSoto Ave. testing plus periodic on-site inspections ADDRESSES: You may submit comments Chatsworth, CA 91311 of those LAPSA-accredited laboratories identified by Coast Guard docket 800–328–6942 was transferred to the U.S. HHS, with number [USCG–2015–0757] to the Coast (Formerly: Centinela Hospital Airport the HHS’ NLCP contractor continuing to Guard using the Federal eRulemaking Toxicology Laboratory) have an active role in the performance Portal at http://www.regulations.gov. Pathology Associates Medical testing and laboratory inspection Alternatively, you may submit Laboratories processes. Other Canadian laboratories comments to OIRA using one of the 110 West Cliff Dr. wishing to be considered for the NLCP following means: Spokane, WA 99204 may apply directly to the NLCP (1) Email: OIRA- 509–755–8991/800–541–7891x7 contractor just as U.S. laboratories do. [email protected]. Phamatech, Inc. Upon finding a Canadian laboratory to (2) Mail: OIRA, 725 17th Street NW., 15175 Innovation Drive be qualified, HHS will recommend that Washington, DC 20503, attention Desk San Diego, CA 92128 DOT certify the laboratory (Federal Officer for the Coast Guard.
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(3) Fax: 202–395–6566. To ensure eRulemaking Portal at http:// Supplement to the International Oil your comments are received in a timely www.regulations.gov. If your material pollution Prevention Certificate (IOPP manner, mark the fax, attention Desk cannot be submitted using http:// Certificate); CG–6047, International Officer for the Coast Guard. www.regulations.gov, contact the person Sewage Pollution Prevention A copy of the ICR is available through in the FOR FURTHER INFORMATION Equivalency Certificate; CG–6047A, the docket on the Internet at http:// CONTACT section of this document for Statement of Voluntary Compliance for www.regulations.gov. Additionally, alternate instructions. Documents Sewage Pollution Prevention; CG–6056, copies are available from: mentioned in this notice, and all public International Air Pollution Prevention COMMANDANT (CG–612), ATTN: comments, are in our online docket at Certificate; CG–6056A, Supplement to PAPERWORK REDUCTION ACT http://www.regulations.gov and can be International Air Pollution Prevention MANAGER, U.S. COAST GUARD, 2703 viewed by following that Web site’s Certificate (IAPP Certificate); CG–6056B, MARTIN LUTHER KING JR. AVE. SE., instructions. Additionally, if you go to Statement of Voluntary Compliance for STOP 7710, WASHINGTON, DC 20593– the online docket and sign up for email ANNEX VI of MARPOL 73/78; CG– 7710. alerts, you will be notified when 6056C, Supplement to Statement of FOR FURTHER INFORMATION CONTACT: comments are posted. Voluntary Compliance for ANNEX VI of Contact Mr. Anthony Smith, Office of We accept anonymous comments. All MARPOL 73/78, CG–6057, Statement of Information Management, telephone comments received will be posted Voluntary Compliance, CG–6059, 202–475–3532, or fax 202–372–8405, for without change to http:// International Anti-Fouling Systems questions on these documents. www.regulations.gov and will include Certificate; CG–6059A, Record of Anti- SUPPLEMENTARY INFORMATION: any personal information you have Fouling Systems; CG–6060, provided. For more about privacy and International Energy Efficiency (IEE Public Participation and Request for the docket, you may review a Privacy Certificate); and CG–6060A, Comments Act notice regarding the Federal Docket Supplement to the International Energy This Notice relies on the authority of Management System in the March 24, Efficiency Certificate (IEE Certificate). the Paperwork Reduction Act of 1995; 2005 issue of the Federal Register (70 Respondents: Owners, operators, or 44 U.S.C. Chapter 35, as amended. An FR 15086). masters of vessels. ICR is an application to OIRA seeking OIRA posts its decisions on ICRs Frequency: On occasion. the approval, extension, or renewal of a online at http://www.reginfo.gov/public/ Hour Burden Estimate: The estimated Coast Guard collection of information do/PRAMain after the comment period burden has increased from 2,738 hours (Collection). The ICR contains for each ICR. An OMB Notice of Action to 73,900 hours a year due to an information describing the Collection’s on each ICR will become available via increase in the estimated annual purpose, the Collection’s likely burden a hyperlink in the OMB Control number of responses of the initial one on the affected public, an explanation of Number: 1625–0041. year burden for the Ship-to-Ship the necessity of the Collection, and Operations Plan. Previous Request for Comments other important information describing Authority: The Paperwork Reduction Act the Collection. There is one ICR for each This request provides a 30-day of 1995; 44 U.S.C. Chapter 35, as amended. Collection. comment period required by OIRA. The The Coast Guard invites comments on Coast Guard published the 60-day Dated: April 26, 2016. whether this ICR should be granted notice (80 FR 72446, November 19, Thomas P. Michelli, based on the Collection being necessary 2015) required by 44 U.S.C. 3506(c)(2). U.S. Coast Guard, Deputy Chief Information for the proper performance of That Notice elicited no comments. Officer. Departmental functions. In particular, Accordingly, no changes have been [FR Doc. 2016–10311 Filed 5–2–16; 8:45 am] the Coast Guard would appreciate made to the Collections. BILLING CODE 9110–04–P comments addressing: (1) The practical utility of the Collection; (2) the accuracy Information Collection Request of the estimated burden of the Title: Various International DEPARTMENT OF HOMELAND Collection; (3) ways to enhance the Agreement Pollution Prevention SECURITY quality, utility, and clarity of Certificates and Documents, and information subject to the Collection; Equivalency Certificates. U.S. Customs and Border Protection OMB Control Number: 1625–0041. and (4) ways to minimize the burden of Commercial Truck Single-Crossing Summary: Required by the adoption the Collection on respondents, User Fee Automation and Prepayment of the International Convention for the including the use of automated Pilot collection techniques or other forms of Prevention of Pollution from Ships information technology. These (MARPOL 73/78) and other AGENCY: U.S. Customs and Border comments will help OIRA determine international treaties, these certificates Protection; Department of Homeland whether to approve the ICR referred to and documents are evidence of Security. in this Notice. compliance for U.S. vessels on ACTION: General notice. We encourage you to respond to this international voyages. Without the request by submitting comments and proper certificates or documents, a U.S. SUMMARY: This document announces related materials. Comments to Coast vessel could be detained in a foreign that U.S. Customs and Border Protection Guard or OIRA must contain the OMB port. (CBP) intends to conduct a pilot test Control Number of the ICR. They must Need: Compliance with treaty program pursuant to its authority under also contain the docket number of this requirements aids in the prevention of 19 CFR 101.9(a) to allow a new payment request, [USCG–2015–0757], and must pollution from ships. option for commercial truck single- be received by June 2, 2016. Forms: CG–5352, International Oil crossing user fees. The CBP regulations Pollution Prevention Certificates; CG– specify the applicable user fee for Submitting Comments 5352A, Supplement to the International commercial trucks upon arrival into the We encourage you to submit Oil Pollution Prevention Certificate United States and the methods of comments through the Federal (IOPP Certificate); CG–5352B, payment, which include payment on an
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annual basis or on a per crossing basis. Sections 24.22(b)–(e) and (g) of the during referral to the administrative Although commercial truck carriers can CBP implementing regulations (19 CFR office.5 Payment may be by cash or electronically prepay the user fees on an 24.22(b)–(e) and (g)) provide that, under credit card. annual basis, carriers who opt for the certain circumstances, user fees must be Commercial Truck Single-Crossing single-crossing user fee must pay the fee paid upon arrival into the United States User Fee Automation and Prepayment upon arrival at a U.S. port of entry. This of certain commercial vessels, barges, Pilot pilot will enable the owner, agent, or and other bulk carriers from Canada or person in charge of a commercial truck Mexico; commercial trucks; railroad Purpose of the Pilot to prepay the single-crossing user fee cars; certain private vessels or private The purpose of the pilot is to online prior to arrival at a port of entry. aircraft; and passengers aboard streamline the payment of the This notice describes the pilot, its commercial vessels and commercial commercial truck single-crossing user purpose, how it will be implemented, aircraft. fees by introducing a new payment the duration of the pilot, and invites Section 24.22(c) sets forth the option. Specifically, CBP is working public comment on any aspect of the regulations pertaining to the user fees towards the elimination of cash and pilot. This pilot will not affect the for commercial trucks upon arrival into credit card collections of the annual commercial truck user fee the United States. The total commercial commercial truck single-crossing user payment option. truck user fee consists of an Animal and fee during commercial truck primary DATES: The pilot will begin at the Plant Health Inspection Service/ processing by automating and allowing Buffalo, Detroit and El Paso ports of Agricultural Quarantine Inspection prepayment of the fee. entry starting on June 2, 2016. If it is (APHIS/AQI) fee collected on behalf of This will provide benefits to both CBP determined that the pilot is working the U.S. Department of Agriculture and and to commercial truck carriers. Cash 1 successfully at these initial ports, the a CBP fee. CBP collects the APHIS/AQI and credit card collection at the port of pilot would be expanded to all U.S. land user fee and the CBP user fee together entry is a manual, burdensome, and border ports of entry that process as one commercial truck user fee. time-consuming process. The commercial trucks. The exact date of the Current Payment Options automation and prepayment option for expansion to all U.S. land border ports the single-crossing user fee will reduce Section 24.22(c) provides commercial of entry would be announced on the wait times, improve primary processing, truck carriers with two alternatives to CBP Web site, http://www.cbp.gov. The save costs to truck carriers associated pay the required user fee. The pilot will run for approximately one with idling time (such as gas and lost commercial truck carrier may either year. Comments concerning this notice driving hours), and alleviate CBP prepay the fee for all arrivals of that and all aspects of the pilot may be officers of the administrative functions truck during a calendar year (annual submitted at any time during the pilot pertaining to the collection, accounting commercial truck user fee) 2 or pay a per period. and transmittal of user fee collections. crossing fee each time the truck enters ADDRESSES: Written comments the United States (single-crossing user Description and Implementation of the concerning any aspect of the pilot fee). Pilot should be submitted to James Pattan, The owner, agent, or person in charge Program Manager, Office of Field Currently, when a commercial truck of the commercial truck can prepay the Operations, U.S. Customs and Border arrives at a U.S. port of entry and the annual commercial truck user fee online Protection, via email at annual user fee has not been prepaid, through the Internet portal, ‘‘Decal and [email protected]. In the subject the driver or other person in charge of Transponder Online Procurement line of your email, please indicate the truck pays the single-crossing user System (DTOPS)’’,3 or by mail.4 After ‘‘Comment on Commercial Truck fee upon arrival. This pilot provides an the annual user fee is paid, a Single-Crossing User Fee Pilot’’. additional payment option that will transponder is issued, which is affixed allow the owner, agent, or person in FOR FURTHER INFORMATION CONTACT: to the vehicle’s windshield to reflect the James Pattan, Program Manager, Office charge of a commercial truck to prepay prepayment. the single-crossing user fee online via of Field Operations, U.S. Customs and Carriers that have not prepaid the Border Protection, by telephone at (202) the DTOPS portal prior to the truck annual commercial truck user fee are arriving at a U.S. port of entry.6 This 344–2293 or by email at required to pay a per crossing fee each [email protected]. pilot will allow the owner, agent, or time the truck enters the United States. person in charge of a commercial truck SUPPLEMENTARY INFORMATION: The user fee is collected when the truck to access the DTOPS portal via a arrives at the U.S. port of entry. The Background desktop computer (https:// driver or other person in charge of the dtops.cbp.dhs.gov/) or a smartphone Commercial Truck User Fees commercial truck is required to pay the app to pay the required single-crossing user fee during primary processing or CBP collects user fees to pay for the user fee before arriving at the U.S. port costs incurred in providing customs of entry. After accessing the DTOPS 1 The APHIS/AQI fee collected on behalf of the services. These user fees offset U.S. Department of Agriculture is authorized by 21 portal, the Vehicle Identification inspection costs that were previously U.S.C. 136a. The APHIS/AQI fee amount is set forth Number (VIN) must be registered and funded solely by general taxpayer in Section 354.3 of title 7 of the Code of Federal the required user fee paid by credit card revenue. Pursuant to the Consolidated Regulations (7 CFR 354.3). for each truck that will transit the U.S. 2 For user fee collection purposes, a border. After payment is accepted, Omnibus Budget Reconciliation Act of ‘‘transponder’’ is a plastic card which contains a 1985 (COBRA), § 13031, Public Law 99– chip that electronically transmits confirmation that DTOPS will provide an electronic 272, 110 Stat. 82 (1986), codified at 19 applicable user fees for commercial trucks have U.S.C. 58c, CBP shall charge and collect been paid for the calendar year. 5 The method of payment for the commercial certain processing fees for air and sea 3 The DTOPS portal allows CBP to process user truck single-crossing user fee is currently fee prepayment requests and accept electronic dependent on the logistics of the particular U.S. passengers, commercial trucks, rail cars, payments. port of entry. private vessels, dutiable mail packages, 4 CBP Form 339C (Annual User Fee Decal 6 The prepayment of the annual commercial truck and Customs broker permits. Request—Commercial Vehicle). user fee is already automated via the DTOPS portal.
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receipt that may be printed. When the Authorization for the Pilot FOR FURTHER INFORMATION CONTACT: For commercial truck arrives at primary This pilot adds a payment option for technical information on the processing, the CBP officer will check commercial truck single-crossing user methodology used to develop FMRs or the Automated Commercial fees in addition to the payment method a listing of all FMRs, please call the Environment (ACE) system to ensure specified in 19 CFR 24.22(c). It is being HUD USER information line at 800– that the user fee was prepaid. If the user conducted in accordance with § 101.9(a) 245–2691 or access the information on fee was not prepaid, the driver or other of the CBP regulations (19 CFR the HUD USER Web site: http:// person in charge of the truck will be 101.9(a)), which authorizes the www.huduser.gov/portal/datasets/ required to pay the fee at the port of Commissioner to impose requirements fmr.html. FMRs are listed at the 40th or entry using cash or a credit card. different from those specified in the 50th percentile in Schedule B. For CBP regulations for the purposes of informational purposes, 40th percentile Duration of the Pilot conducting a test program or procedure recent-mover rents for the areas with The pilot will begin at the Buffalo, designed to evaluate the effectiveness of 50th percentile FMRs will be provided Detroit and El Paso land ports of entry new technology or operational in the HUD FY 2016 FMR starting on June 2, 2016. If it is procedures regarding the processing of documentation system at http:// passengers, vessels, or merchandise. determined that the pilot is working www.huduser.gov/portal/datasets/fmr/ successfully at these initial ports, the Dated: April 28, 2016. fmrs/docsys.html?data=fmr16 and 50th pilot would be expanded to all U.S. land R. Gil Kerlikowske, percentile rents for all FMR areas are border ports of entry that process Commissioner. published http://www.huduser.gov/ commercial trucks. The exact date of the [FR Doc. 2016–10348 Filed 5–2–16; 8:45 am] portal/datasets/50per.html. expansion to all U.S. land border ports BILLING CODE 9111–14–P Questions related to use of FMRs or of entry would be announced on the voucher payment standards should be CBP Web site, http://www.cbp.gov. The directed to the respective local HUD pilot will run for approximately one DEPARTMENT OF HOUSING AND program staff. Questions on how to year. Any owner, agent, or person in URBAN DEVELOPMENT conduct FMR surveys or concerning charge of a commercial truck can [Docket No. FR–5885–N–05] further methodological explanations participate in the pilot. No application may be addressed to Marie L. Lihn or is needed to participate in the pilot. Final Fair Market Rents for the Housing Peter B. Kahn, Economic and Market When sufficient pilot analysis has been Choice Voucher Program and Analysis Division, Office of Economic conducted, and the comments analyzed, Moderate Rehabilitation Single Room Affairs, Office of Policy Development CBP will then consider whether to begin Occupancy Program Fiscal Year 2016; and Research, telephone 202–402–2409. rulemaking to add the single-crossing Revised Persons with hearing or speech commercial truck user fee prepayment impairments may access this number option to 19 CFR 24.22(c). AGENCY: Office of the Assistant Secretary for Policy Development and through TTY by calling the toll-free Privacy Research, HUD. Federal Relay Service at 800–877–8339. (Other than the HUD USER information CBP will ensure that all Privacy Act ACTION: Notice of Final Fiscal Year (FY) 2016 Fair Market Rents (FMRs), update. line and TDD numbers, telephone requirements and applicable policies are numbers are not toll-free.) adhered to during the implementation SUMMARY: Today’s notice updates the FY SUPPLEMENTARY INFORMATION: The FMRs of this pilot. 2016 FMRs for Burlington-South appearing in the following table Paperwork Reduction Act Burlington, VT Metropolitan Statistical Area (MSA), based on a survey of rents supersede the values found in Schedule An agency may not conduct or conducted in February, 2016, by the B that became effective on December 11, sponsor, and a person is not required to area public housing agencies (PHAs). 2015, and were printed in the December respond to, a collection of information The FY 2016 FMRs for these areas 11, 2015 (80 FR 77124) Federal Register unless it displays a valid control reflect the estimated 40th percentile rent (available from HUD at: http:// number assigned by OMB. The levels trended to April 1, 2016. www.huduser.gov/portal/datasets/ fmr.html). collections of information in this notice DATES: Effective Date: The FMRs will be submitted for OMB approval published in this notice are effective on The FMRs for the affected area are 1651–0052 (User Fees). May 3, 2016. revised as follows:
FMR by number of bedrooms in unit 2016 Fair market rent area 0 BR 1 BR 2 BR 3 BR 4 BR
Burlington-South Burlington, VT MSA ...... 868 1038 1356 1796 1988
Dated: April 19, 2016. Katherine M. O’Regan, Assistant Secretary for Policy Development & Research. [FR Doc. 2016–10333 Filed 5–2–16; 8:45 am] BILLING CODE 4210–67–P
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DEPARTMENT OF HOUSING AND Development and Research, 202–402– in the Multifamily Assisted Housing URBAN DEVELOPMENT 5866, for technical information Reform and Affordability Act of 1997 regarding the development of the (MAHRA), as amended, under which [Docket No. FR–5930–N–01] schedules for specific areas or the the HAP is renewed. After renewal, methods used for calculating the AAFs. Section 8 Housing Assistance annual rent adjustments will be The mailing address for these Payments Program—Annual provided in accordance with MAHRA. individuals is: Department of Housing Adjustment Factors, Fiscal Year 2016 and Urban Development, 451 7th Street Budget-based Rents. AAFs are not used for budget-based rent adjustments. AGENCY: Office of the Assistant SW., Washington, DC 20410. Hearing- or Secretary for Policy Development and speech-impaired persons may contact For projects receiving Section 8 Research, HUD. the Federal Information Relay Service at subsidies under the LM program (24 800–877–8339 (TTY). (Other than the CFR part 886, subpart A) and for ACTION: Notice of Fiscal Year (FY) 2016 projects receiving Section 8 subsidies Annual Adjustment Factors (AAFs). ‘‘800’’ TTY number, the above-listed telephone numbers are not toll free.) under the PD program (24 CFR part 886, SUMMARY: The United States Housing SUPPLEMENTARY INFORMATION: Tables subpart C), contract rents are adjusted, Act of 1937 requires that certain showing AAFs will be available at HUD’s option, either by applying the assistance contracts signed by owners electronically from the HUD data AAFs or by budget-based adjustments in participating in the Department’s information page at http:// accordance with 24 CFR 886.112(b) and Section 8 housing assistance payment www.huduser.gov/portal/datasets/ 24 CFR 886.312(b). Budget-based programs provide annual adjustments to aaf.html. adjustments are used for most Section 8/ monthly rentals for units covered by the I. Applying AAFs to Various Section 8 202 projects. contracts. This notice announces FY Programs Tenant-based Certificate Program. In 2016 AAFs for adjustment of contract the past, AAFs were used to adjust the rents on the anniversary of those AAFs established by this Notice are contract rent (including manufactured assistance contracts. The factors are used to adjust contract rents for units home space rentals) in both the tenant- based on a formula using residential assisted in certain Section 8 housing rent and utility cost changes from the assistance payment programs during the based and project-based certificate most recent annual Bureau of Labor initial (i.e., pre-renewal) term of the programs. The tenant-based certificate Statistics Consumer Price Index (CPI) HAP contract and for all units in the program has been terminated and all survey. Beginning with the FY 2014 Project-Based Certificate program. There tenancies in the tenant-based certificate AAFs and continuing with these FY are three categories of Section 8 program have been converted to the 2016 AAFs, the Puerto Rico CPI is used programs that use the AAFs: Housing Choice Voucher Program, in place of the South Region CPI for all Category 1: The Section 8 New which does not use AAFs to adjust areas in Puerto Rico. These factors are Construction, Substantial rents. All tenancies remaining in the applied at the anniversary of Housing Rehabilitation, and Moderate project-based certificate program Assistance Payment (HAP) contracts for Rehabilitation programs; continue to use AAFs to adjust contract which rents are to be adjusted using the Category 2: The Section 8 Loan rent for outstanding HAP contracts. AAF for those calendar months Management (LM) and Property Disposition (PD) programs; and Voucher Program. AAFs are not used commencing after the effective date of to adjust rents in the Tenant-Based or this notice. A separate Federal Register Category 3: The Section 8 Project- 1 the Project-Based Voucher programs. Notice published on April 15, 2016 (81 Based Certificate (PBC) program. FR 22296) identifies the inflation factors Each Section 8 program category uses II. Adjustment Procedures that will be used to adjust tenant-based the AAFs differently. The specific rental assistance funding for FY 2016. application of the AAFs is determined This section of the notice provides a by the law, the HAP contract, and DATES: Effective date: May 3, 2016. broad description of procedures for appropriate program regulations or adjusting the contract rent. Technical FOR FURTHER INFORMATION CONTACT: requirements. details and requirements are described Contact Becky Primeaux, Director, AAFs are not used in the following in HUD notices H 2002–10 (Section 8 Management and Operations Division, cases: New Construction and Substantial Office of Housing Voucher Programs, Renewal Rents. With the exception of Office of Public and Indian Housing, Rehabilitation, Loan Management, and the Project-Based Certificate program, Property Disposition) and PIH 97–57 202–708–1380, for questions relating to AAFs are not used to determine renewal (Moderate Rehabilitation and Project- the Project-Based Certificate and rents after expiration of the original Based Certificates). Moderate Rehabilitation programs (not Section 8 HAP contract (either for the Single Room Occupancy program); projects where the Section 8 HAP Because of statutory and structural Ann Oliva, Director, Office of Special contract is renewed under a distinctions among the various Section Needs Assistance Programs, Office of restructuring plan adopted under 24 8 programs, there are separate rent Community Planning and Development, CFR part 401; or renewed without adjustment procedures for the three 202–708–4300, for questions regarding restructuring under 24 CFR part 402). In program categories: the Single Room Occupancy (SRO) general, renewal rents are established in Moderate Rehabilitation program; accordance with the statutory provision Category 1: Section 8 New Construction, Catherine Brennan, Director, Office of Substantial Rehabilitation, and Housing Assistance and Grant 1 As of February, 2016, all PBC contracts should Moderate Rehabilitation Programs Administration, Office of Housing, 202– be completed since the program has been merged 708–3000, for questions relating to all with the Housing Choice Voucher program. For In the Section 8 New Construction other Section 8 programs; and Marie completeness, HUD is continuing to list Category 3 and Substantial Rehabilitation uses of AAFs for this FY 2016 AAF publication, but programs, the published AAF factor is Lihn, Economist, Economic and Market intends to discontinue listing Category 3 in FY Analysis Division, Office of Policy 2017. applied to the pre-adjustment contract
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rent. In the Section 8 Moderate • The new rent to owner will not be between Table 1 and Table 2 is that each Rehabilitation program (both the regular reduced below the contract rent on the AAF in Table 2 is 0.01 less than the program and the single room occupancy effective date of the HAP contract. corresponding AAF in Table 1. Where program) the published AAF is applied an AAF in Table 1 would otherwise be III. When To Use Reduced AAFs (From to the pre-adjustment base rent. less than 1.0, it is set at 1.0, as required AAF Table 2) For Category 1 programs, the Table 1 by statute; the corresponding AAF in AAF factor is applied before In accordance with Section 8(c)(2)(A) Table 2 will also be set at 1.0, as determining comparability (rent of the United States Housing Act of required by statute. reasonableness). Comparability applies 1937 (42 U.S.C. 1437f(c)(2)(A)), the AAF if the pre-adjustment gross rent (pre- is reduced by 0.01: IV. How To Find the AAF adjustment contract rent plus any • For all tenancies assisted in the AAF Table 1 and Table 2 are posted allowance for tenant-paid utilities) is Section 8 Project-Based Certificate on the HUD User Web site at http:// above the published Fair Market Rent program. www.huduser.gov/portal/datasets/ (FMR). • In other Section 8 programs, for a aaf.html. There are two columns in each If the comparable rent level (plus any unit occupied by the same family at the AAF table. The first column is used to initial difference) is lower than the time of the last annual rent adjustment adjust contract rent for rental units contract rent as adjusted by application (and where the rent is not reduced by where the highest cost utility is of the Table 1 AAF, the comparable rent application of comparability (rent included in the contract rent, i.e., where level (plus any initial difference) will be reasonableness)). the owner pays for the highest cost the new contract rent. However, the pre- The law provides that: utility. The second column is used adjustment contract rent will not be Except for assistance under the certificate where the highest cost utility is not decreased by application of program, for any unit occupied by the same included in the contract rent, i.e., where comparability. family at the time of the last annual rental the tenant pays for the highest cost In all other cases (i.e., unless the adjustment, where the assistance contract utility. contract rent is reduced by provides for the adjustment of the maximum The applicable AAF is selected as monthly rent by applying an annual comparability): follows: • Table 1 AAF is used for a unit adjustment factor and where the rent for a • unit is otherwise eligible for an adjustment Determine whether Table 1 or Table occupied by a new family since the last 2 is applicable. In Table 1 or Table 2, annual contract anniversary. based on the full amount of the factor, 0.01 • shall be subtracted from the amount of the locate the AAF for the geographic area Table 2 AAF is used for a unit factor, except that the factor shall not be where the contract unit is located. occupied by the same family as at the reduced to less than 1.0. In the case of • Determine whether the highest cost time of the last annual contract assistance under the certificate program, 0.01 utility is or is not included in contract anniversary. shall be subtracted from the amount of the rent for the contract unit. annual adjustment factor (except that the Category 2: Section 8 Loan Management • If highest cost utility is included, factor shall not be reduced to less than 1.0), select the AAF from the column for Program (24 CFR Part 886, Subpart A) and the adjusted rent shall not exceed the and Property Disposition Program (24 rent for a comparable unassisted unit of ‘‘Highest Cost Utility Included.’’ If CFR Part 886, Subpart C) similar quality, type and age in the market highest cost utility is not included, select the AAF from the column for At this time Category 2 programs are area. 42 U.S.C. 1437f(c)(2)(A). not subject to comparability. Legislative history for this statutory ‘‘Highest Cost Utility Excluded.’’ Comparability will again apply if HUD provision states that ‘‘the rationale [for V. Methodology establishes regulations for conducting lower AAFs for non-turnover units is] AAFs are rent inflation factors. Two comparability studies under 42 U.S.C. that operating costs are less if tenant types of rent inflation factors are 1437f(c)(2)(C). turnover is less . . .’’ (see Department of calculated for AAFs: Gross rent factors The applicable AAF is determined as Veteran Affairs and Housing and Urban and shelter rent factors. The gross rent follows: Development, and Independent factor accounts for inflation in the cost • Table 1 AAF is used for a unit Agencies Appropriations for 1995, occupied by a new family since the last of both the rent of the residence and the Hearings Before a Subcommittee of the utilities used by the unit; the shelter annual contract anniversary. Committee on Appropriations 103d • rent factor accounts for the inflation in Table 2 AAF is used for a unit Cong., 2d Sess. 591 (1994)). The occupied by the same family as at the the rent of the residence, but does not Congressional Record also states the reflect any change in the cost of utilities. time of the last annual contract following: anniversary. The gross rent inflation factor is Because the cost to owners of turnover- designated as ‘‘Highest Cost Utility Category 3: Section 8 Project-Based related vacancies, maintenance, and Included’’ and the shelter rent inflation Certificate Program marketing are lower for long-term stable factor is designated as ‘‘Highest Cost tenants, these tenants are typically charged Utility Excluded.’’ The following procedures are used to less than recent movers in the unassisted adjust contract rent for outstanding HAP market. Since HUD pays the full amount of AAFs are calculated using CPI data on contracts in the Section 8 PBC program: any rent increases for assisted tenants in ‘‘rent of primary residence’’ and ‘‘fuels • Table 2 AAF is always used. The section 8 projects and under the Certificate and utilities.’’ 2 The CPI inflation index Table 1 AAF is not used. program, HUD should expect to benefit from for rent of primary residence measures • Table 2 AAF is always applied this ‘tenure discount.’ Turnover is lower in the inflation of all surveyed units before determining comparability (rent assisted properties than in the unassisted regardless of whether utilities are reasonableness). market, so the effect of the current included in the rent of the unit or not. • Comparability always applies. If the inconsistency with market-based rent In other words, it measures the inflation comparable rent level is lower than the increases is exacerbated. (140 Cong. Rec. of the ‘‘contract rent’’ which includes 8659, 8693 (1994)). rent to owner (contract rent) as adjusted units with all utilities included in the by application of the Table 2 AAF, the To implement the law, HUD comparable rent level will be the new publishes two separate AAF Tables, 2 CPI indexes CUUSA103SEHA and rent to owner. Table 1 and Table 2. The difference CUSR0000SAH2 respectively.
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rent, units with some utilities included Census Region CPI factor, both Dated: April 25, 2016. in the rent, and units with no utilities metropolitan and non-metropolitan Katherine M. O’Regan, included in the rent. In producing a areas receive the same factor. Assistant Secretary for Policy Development gross rent inflation factor and a shelter Each metropolitan area that uses a and Research. rent inflation factor, HUD decomposes local CPI update factor is listed [FR Doc. 2016–10328 Filed 5–2–16; 8:45 am] the contract rent CPI inflation factor into alphabetically in the tables and each BILLING CODE 4210–67–P parts to represent the gross rent change and the shelter rent change. This is done HMFA is listed alphabetically within its by applying data from the Consumer respective CBSA. Each AAF applies to Expenditure Survey (CEX) on the a specific geographic area and to units DEPARTMENT OF THE INTERIOR percentage of renters who pay for heat of all bedroom sizes. AAFs are (a proxy for the percentage of renters provided: Office of the Assistant Secretary Water who pay shelter rent) and also American • For separate metropolitan areas, and Science; Notice of Availability of Community Survey (ACS) data on the including HMFAs and counties that are the Revised Central Utah Water ratio of utilities to rents. For Puerto currently designated as non- Conservancy District National Rico, the Puerto Rico Community metropolitan, but are part of the Environmental Policy Act Handbook Survey (PRCS) is used to determine the metropolitan area defined in the local AGENCY: Central Utah Project ratio of utilities to rents, resulting in CPI survey. different AAFs for some metropolitan Completion Act Office, Interior. • areas in Puerto Rico.3 For the four Census Regions (to be ACTION: Notice. used for those metropolitan and non- Survey Data Used To Produce AAFs metropolitan areas that are not covered SUMMARY: The Central Utah Project The rent and fuel and utilities by a CPI city-survey). Completion Act Office and the Central inflation factors for large metropolitan AAFs use the same OMB metropolitan Utah Water Conservancy District are areas and Census regions are based on area definitions, as revised by HUD, that announcing the availability of their changes in the rent of primary residence are used for the FY 2016 FMRs. revised National Environmental Policy and fuels and utilities CPI indices from Act (NEPA) Handbook. Revisions were 2013 to 2014. The CEX data used to Area Definitions made to this handbook in response to decompose the contract rent inflation new requirements and practices factor into gross rent and shelter rent To make certain that they are using contained in the Department of the inflation factors come from a special the correct AAFs, users should refer to Interior’s 2008 NEPA Regulations and tabulation of 2013 CEX survey data the Area Definitions Table section at Council on Environmental Quality produced for HUD for the purpose of http://www.huduser.gov/portal/ guidance issued in support of the computing AAFs. The utility-to-rent datasets/aaf.html. The Area Definitions Administration’s efforts to modernize ratio used to produce AAFs comes from Table lists CPI areas in alphabetical Federal agency implementation of 2013 ACS median rent and utility costs. order by state, and the associated NEPA. The revisions were made to Geographic Areas Census region is shown next to each improve the process for preparing state name. Areas whose AAFs are efficient and timely environmental AAFs are produced for all Class A CPI determined by local CPI surveys are reviews under NEPA. cities (CPI cities with a population of listed first. All metropolitan areas with 1.5 million or more) and for the four ADDRESSES: Copies of the NEPA local CPI surveys have separate AAF Handbook are available for inspection at Census Regions. They are applied to schedules and are shown with their core-based statistical areas (CBSAs), as the following locations: corresponding county definitions or as • defined by the Office of Management Central Utah Water Conservancy metropolitan counties. In the six New and Budget (OMB), according to how District, 355 West University Parkway, much of the CBSA is covered by the CPI England states, the listings are for Orem, Utah 84058–7303. city-survey. If more than 75 percent of counties or parts of counties as defined • Department of the Interior, Central the CBSA is covered by the CPI city- by towns or cities. The remaining Utah Project Completion Act Office, 302 survey, the AAF that is based on that counties use the CPI for the Census East 1860 South, Provo, Utah 84606. CPI survey is applied to the whole Region and are not separately listed in In addition, the document is available CBSA and to any HUD-defined the Area Definitions Table at http:// at www.cuwcd.com and metropolitan area, called the ‘‘HUD www.huduser.gov/portal/datasets/ www.cupcao.gov. Metro FMR Area’’ (HMFA), within that aaf.html. FOR FURTHER INFORMATION CONTACT: CBSA. If the CBSA is not covered by a Puerto Rico uses its own AAFs Additional information may be obtained CPI city-survey, the CBSA uses the calculated from the Puerto Rico CPI as by contacting Mr. W. Russ Findlay, relevant regional CPI factor. Almost all adjusted by the PRCS, the Virgin Islands Central Utah Project Completion Act non-metropolitan counties use regional uses the South Region AAFs and the Office, 302 East 1860 South, Provo, Utah CPI factors.4 For areas assigned the Pacific Islands uses the West Region 84606–7317; by email to wfindlay@ AAFs. All areas in Hawaii use the AAFs 3 The formulas used to produce these factors can usbr.gov; or by phone at 801–379–1084. be found in the Annual Adjustment Factors listed next to ‘‘Hawaii’’ in the Tables SUPPLEMENTARY INFORMATION: The overview and in the FMR documentation at which are based on the CPI survey for passage of the Central Utah Project www.HUDUSER.gov. the Honolulu metropolitan area. The Completion Act in 1992 required the 4 There are four non-metropolitan counties that Pacific Islands use the West Region continue to use CPI city updates: Ashtabula County, Central Water Conservancy District OH, Henderson County, TX, Island County, WA, AAFs. (District) to enter into an agreement and Lenawee County, MI. BLS has not updated the with the Secretary of the Department of geography underlying its survey for new OMB metropolitan area definitions and these counties, the 75 percent standard HUD imposes on survey the Interior (Interior) allowing them to are no longer in metropolitan areas, but they are coverage. These four counties are treated the same be considered a ‘‘Federal Agency’’ for included as parts of CPI surveys because they meet as metropolitan areas using CPI city data. the purposes of compliance with all
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Federal fish, wildlife, recreation, and variety of management issues associated individual. You will receive a reply environmental laws. Accordingly, the with public land management in during normal business hours. District and Interior entered into a Montana. During this meeting the SUPPLEMENTARY INFORMATION: The Compliance Agreement on August 11, council will discuss several topics, following described public lands have 1993. The Compliance Agreement including updates from the BLM’s been examined and found suitable for required the development of a NEPA Butte, Missoula and Dillon field offices. direct sale under the authority of Handbook. The revised NEPA All RAC meetings are open to the Sections 203 and 209 of FLPMA, as Handbook provides guidance in public. The public may present written amended (43 U.S. C. 1713 and 1719). environmental law and NEPA processes comments to the RAC. Each formal RAC and establishes District policy and meeting will also have time allocated for Sixth Principal Meridian, Colorado procedures for complying with NEPA. hearing public comments. Depending on T. 3 S., R. 73 W., the number of persons wishing to Sec. 12, lots 20, 21, 23, and 24. Reed R. Murray, comment and time available, the time The areas described aggregate 6.72 acres. Program Director, Central Utah Project for individual oral comments may be Completion Act Office, Department of the On May 6, 2016, the above described Interior. limited. lands will be segregated from [FR Doc. 2016–10294 Filed 5–2–16; 8:45 am] Authority: 43 CFR 1784.4–2. appropriation under the public land BILLING CODE 4332–90–P laws, including the mining laws, except Richard M. Hotaling, the sale provisions of the FLPMA. Until District Manager, Western Montana District. completion of the sale, the BLM is no DEPARTMENT OF THE INTERIOR [FR Doc. 2016–10282 Filed 5–2–16; 8:45 am] longer accepting land use applications BILLING CODE 4310–DN–P affecting the identified public land, Bureau of Land Management except applications for the amendment of previously-filed right-of-way [LLMTB07900 15XL1109AF L10100000 DEPARTMENT OF THE INTERIOR PH0000 LXSIANMS0000 MO# 4500092548] applications or existing authorizations to increase the term of the grants in Bureau of Land Management Notice of Public Meeting; Western accordance with 43 CFR 2807.15 and Montana Resource Advisory Council [LLCOF02000 L14400000.EU0000 16X] 2886.15. The segregative effect will terminate upon issuance of a patent, AGENCY: Bureau of Land Management, Notice of Realty Action: Second Notice publication in the Federal Register of a Interior. of Segregation of Land for a Non- termination of the segregation, or on ACTION: Notice of public meeting. Competitive (Direct) Sale of Public May 5, 2018. The original segregation Land in Gilpin County, Colorado was published under 79 FR 25887, SUMMARY: In accordance with the dated May 6, 2014. The BLM Colorado Federal Land Policy and Management AGENCY: Bureau of Land Management, State Director has determined that the Act (FLPMA) and the Federal Advisory Interior. extension is necessary to provide Committee Act of 1972 (FACA), the U.S. ACTION: Notice of Realty Action. sufficient time to complete the Department of the Interior, Bureau of environmental assessment on the direct Land Management (BLM) Western SUMMARY: The Bureau of Land sale to the City of Black Hawk. Montana Resource Advisory Council Management (BLM) proposes to sell four These public lands were identified as (RAC) will meet as indicated below. parcels of public land totaling 6.72 acres suitable for disposal in the 1986 DATES: The Western Montana Resource in Gilpin County, Colorado, to the City of Black Hawk (Black Hawk) under the Northeast Resource Management Plan Advisory Council meeting will be held and are not needed for any other Federal May 18, 2016 in Dillon, Montana. The direct sale provisions of the Federal Land Policy and Management Act of purpose. The purpose of the sale is to meeting will begin at 9:00 a.m. in the dispose of public lands that are difficult Dillon Field Office conference room, 1976 (FLPMA), for not less than the fair market value. and uneconomic to manage as part of with a 30-minute public comment the public lands and are not suitable for period starting at 11:30 a.m., and will DATES: In order to ensure consideration management by another Federal adjourn at 3:00 p.m. in the environmental analysis of the department or agency. The lands are ADDRESSES: BLM’s Dillon Field Office, proposed sale, comments must be considered difficult and uneconomic to 1005 Selway Drive, Dillon, MT. received by June 17, 2016. manage, because they consist of FOR FURTHER INFORMATION CONTACT: ADDRESSES: Send written comments irregularly shaped, isolated, and very David Abrams, Western Montana concerning this notice to Keith Berger, small remnants left over after the Resource Advisory Council Coordinator, Field Manager, BLM Royal Gorge Field issuance of intermingled mining claim Butte Field Office, 106 North Parkmont, Office, 3028 E. Main St., Canon City, CO patents. A direct sale is appropriate in Butte MT 59701, 406–533–7617, 81212. Comments can be emailed to this case, as the lands are proposed for [email protected]. Persons who use a [email protected]. sale to a local government to meet its telecommunications device for the deaf FOR FURTHER INFORMATION CONTACT: Greg needs for future water storage (TDD) may call the Federal Information Valladares, Realty Specialist, BLM, infrastructure. Black Hawk is in the Relay Service (FIRS) at 1–800–877–8339 Royal Gorge Field Office, at the above process of completing the purchase of to contact the above individual during address or by phone, 719–269–8513. surrounding private parcels involved in normal business hours. The FIRS is Persons who use a telecommunications the water project. available 24 hours a day, 7 days a week, device for the deaf (TDD) may call the Black Hawk has initiated an to leave a message or question with the Federal Information Relay Service environmental assessment to support a above individual. You will receive a (FIRS) at 1–800–877–8339 to contact the Section 404 permit application to the reply during normal business hours. above individual during normal U.S. Army Corps of Engineers for water SUPPLEMENTARY INFORMATION: This 15- business hours. The FIRS is available 24 diversion, storage structures and member council advises the Secretary of hours a day, 7 days a week, to leave a infrastructure to meet forecasted needs. the Interior through the BLM on a message or question with the above Analysis of the disposal of these lands
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for possible inclusion in the proposed Authority: 43 CFR 2711.1–2. boundary, (T. 27 N.), a portion of the subdivisional lines and the adjusted 2004 Quartz Valley Reservoir will be Ruth Welch, included within this environmental meanders of the former left bank of the BLM Colorado State Director. assessment. Missouri River, through a portion of section [FR Doc. 2016–10290 Filed 5–2–16; 8:45 am] 2, and the survey of the meander lines of the Conveyance of the identified public BILLING CODE 4310–JB–P present left bank of the Missouri River, lands will be subject to valid existing through sections 2, 3, and 35, Tps. 27 and 28 rights and encumbrances of record, N., R. 53 E., a certain division of accretion including, but not limited to, rights-of- DEPARTMENT OF THE INTERIOR line, and the medial and partition lines of the way for roads and public utilities. present bed of the Missouri River, through Bureau of Land Management section 3 and portion of section 34, Conveyance of any mineral interests Townships 27 and 28 North, Range 53 East, pursuant to Section 209 of FLPMA will [LLMT926000/L1910000.BJ0000/ Principal Meridian, Montana, was accepted be analyzed during processing of the LRCMP9XEE003; 16XL1109AF; MO March 28, 2016. proposed sale. #4500089867] We will place a copy of the plat, in In addition to this Notice of Realty two sheets, and related field notes we Action (NORA), notice of this sale will Notice of Filing of Plats of Survey; Montana described in the open files. They will be be published once a week for three available to the public as a matter of weeks in the Mountain Ear and the AGENCY: Bureau of Land Management, information. If the BLM receives a Weekly Register-Call. Interior. protest against this survey, as shown on The public lands will not be offered ACTION: Notice of filing of plats of this plat, in two sheets, prior to the date for sale until after July 5, 2016. The survey. of the official filing, we will stay the patent, if issued, will be subject to all filing pending our consideration of the valid existing rights documented on the SUMMARY: The Bureau of Land protest. We will not officially file this official public land records at the time Management (BLM) will file the plat of plat, in two sheets, until the day after of patent issuance. The availability of survey of the lands described below in we have accepted or dismissed all the appraisal report, mineral report and the BLM Montana State Office, Billings, protests and they have become final, other documents pertinent to the Montana, on June 2, 2016. including decisions or appeals. Before proposed sale will be announced in a DATES: A notice of protest of the survey including your address, phone number, second NORA and made available to the must be filed before June 2, 2016 to be email address, or other personally public prior to the sale by the BLM at considered. A statement of reasons for a identifying information in your the Royal Gorge Field Office (address protest may be filed with the notice of comment, you should be aware that listed above). protest and must be filed within 30 days your entire comment—including your personally identifying information— For a period until June 17, 2016, after the notice of protest is filed. ADDRESSES: Protests of the survey may be made publicly available at any interested parties and the public may time. While you can ask us in your submit written comments to the BLM should be sent to the Branch of Cadastral Survey, Bureau of Land comment to withhold your personally Royal Gorge Field Manager (see identifying information from public ADDRESSES section). Comments, Management, 5001 Southgate Drive, Billings, Montana 59101–4669. review, we cannot guarantee that we including names and street addresses of will be able to do so. respondents, will be available for public FOR FURTHER INFORMATION CONTACT: review at the BLM Royal Gorge Field Marvin Montoya, Cadastral Surveyor, Authority: 43 U.S.C. chap. 3. Office during regular business hours. In Branch of Cadastral Survey, Bureau of Joshua F. Alexander, order to ensure consideration in the Land Management, 5001 Southgate Acting Chief, Branch of Cadastral Survey, environmental analysis of the proposed Drive, Billings, Montana 59101–4669, Division of Energy, Minerals and Realty. telephone (406) 896–5124 or (406) 896– sale, comments must be in writing and [FR Doc. 2016–10303 Filed 5–2–16; 8:45 am] postmarked or delivered within 45 days 5003, [email protected]. Persons who BILLING CODE 4310–DN–P of the initial date of publication of this use a telecommunications device for the Notice. deaf (TDD) may call the Federal Before including your address, phone Information Relay Service (FIRS) at 1– number, email address, or other 800–877–8339 to contact the above INTERNATIONAL TRADE personal identifying information in your individual during normal business COMMISSION comment, you should be aware that hours. The FIRS is available 24 hours a your entire comment—including your day, 7 days a week, to leave a message Notice of Receipt of Complaint; personal identifying information—may or question with the above individual. Solicitation of Comments Relating to be made publicly available at any time. You will receive a reply during normal the Public Interest business hours. While you can ask us in your comment AGENCY: U.S. International Trade SUPPLEMENTARY INFORMATION: This to withhold your personal identifying Commission. information from public review, we survey was executed at the request of cannot guarantee that we will be able to Acting Realty Officer, Rocky Mountain ACTION: Notice. Region, Bureau of Indian Affairs, do so. SUMMARY: Notice is hereby given that Billings, Montana, and was necessary to The BLM Colorado State Director, the U.S. International Trade determine tribal trust lands. who may sustain, vacate, or modify this Commission has received a complaint The lands we surveyed are: realty action and issue a final entitled Certain Carbon and Alloy Steel determination, will review any Principal Meridian, Montana Products DN 3144; the Commission is comments. In the absence of any Tps. 27 and 28 N., R. 53 E. soliciting comments on any public objections, this realty action will The plat, in two sheets, representing the interest issues raised by the complaint become the final determination of the corrective dependent resurvey and or complainant’s filing under section Department of the Interior. dependent resurvey of a portion of the north 210.8(b) of the Commission’s Rules of
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Practice and Procedure (19 CFR CA; Shougang Group of China; China (iii) identify like or directly 210.8(b)). Shougang International Trade & competitive articles that complainant, FOR FURTHER INFORMATION CONTACT: Lisa Engineering Corporation of China; its licensees, or third parties make in the R. Barton, Secretary to the Commission, Shandong Iron and Steel Group Co., Ltd. United States which could replace the U.S. International Trade Commission, of China; Shandong Iron and Steel Co., subject articles if they were to be 500 E Street SW., Washington, DC Ltd. of China; Jigang Hong Kong excluded; 20436, telephone (202) 205–2000. The Holdings Co., Ltd. of China; Jinan Steel (iv) indicate whether complainant, public version of the complaint can be International Trade Co., Ltd. of China; complainant’s licensees, and/or third accessed on the Commission’s Magang Group Holding Co. Ltd. of party suppliers have the capacity to Electronic Document Information China; Maanshan Iron and Steel Co., replace the volume of articles System (EDIS) at EDIS,1 and will be Ltd. of China; Bohai Iron and Steel potentially subject to the requested available for inspection during official Group of China; Tianjin Pipe (Group) exclusion order and/or a cease and business hours (8:45 a.m. to 5:15 p.m.) Corporation of China; Tianjin Pipe desist order within a commercially in the Office of the Secretary, U.S. International Economic & Trading reasonable time; and International Trade Commission, 500 E Corporation of China; TPCO Enterprise (v) explain how the requested Street SW., Washington, DC 20436, Inc. of Houston, TX; TPCO America remedial orders would impact United telephone (202) 205–2000. Corporation of Gregory, TX; Benxi Steel States consumers. General information concerning the (Group) Co., Ltd. of China; Benxi Iron Written submissions must be filed no Commission may also be obtained by and Steel (Group) International later than by close of business, eight accessing its Internet server at United Economic and Trading Co., Ltd. of calendar days after the date of States International Trade Commission China; Hunan Valin Steel Co., Ltd. of publication of this notice in the Federal (USITC) at USITC.2 The public record China; Hunan Valin Xiangtan Iron and Register.There will be further for this investigation may be viewed on Steel Co., Ltd. of China; Tianjin opportunities for comment on the the Commission’s Electronic Document Tiangang Guanye Co., Ltd. of China; public interest after the issuance of any Information System (EDIS) at EDIS.3 Wuxi Sunny Xin Rui Science and final initial determination in this Hearing-impaired persons are advised Technology Co., Ltd. of China; Taian investigation. that information on this matter can be JNC Industrial Co., Ltd. of China; EQ Persons filing written submissions obtained by contacting the Metal (Shanghai) Co., Ltd. of China; must file the original document Commission’s TDD terminal on (202) Kunshan Xinbei International Trade Co., electronically on or before the deadlines 205–1810. Ltd of China; Tianjin Xinhai Trade Co., stated above and submit 8 true paper SUPPLEMENTARY INFORMATION: The Ltd. of China; Tianjin Xinlianxin Steel copies to the Office of the Secretary by Commission has received a complaint Pipe Co. Ltd. of China; Tianjin Xinyue noon the next day pursuant to section and a submission pursuant to section Industrial and Trade Co., Ltd. of China; 210.4(f) of the Commission’s Rules of 210.8(b) of the Commission’s Rules of and Xian Linkun Materials (Steel Pipe Practice and Procedure (19 CFR Practice and Procedure filed on behalf Supplies) Co., Ltd. of China. The 210.4(f)). Submissions should refer to of United States Steel Corporation on complainant requests that the the docket number (‘‘Docket No. 3144’’) April 26 2016. The complaint alleges Commission issue a limited exclusion, in a prominent place on the cover page violations of section 337 of the Tariff general exclusion order, cease and and/or the first page. (See Handbook for Act of 1930 (19 U.S.C. 1337) in the desist orders and impose a bond upon Electronic Filing Procedures, Electronic importation into the United States, the respondents’ alleged infringing articles Filing Procedures).4 Persons with during the 60-day Presidential review sale for importation, and the sale within questions regarding filing should period pursuant to 19 U.S.C. 1337(j). the United States after importation of contact the Secretary (202–205–2000). Proposed respondents, other Any person desiring to submit a certain carbon and alloy steel products. interested parties, and members of the document to the Commission in The complaint names as respondents public are invited to file comments, not confidence must request confidential Hebei Iron and Steel Group Co., Ltd. of to exceed five (5) pages in length, treatment. All such requests should be China; Hebei Iron & Steel Group inclusive of attachments, on any public directed to the Secretary to the Hengshui Strip Rolling Co., Ltd. of interest issues raised by the complaint China; Hebei Iron & Steel (Hong Kong) or section 210.8(b) filing. Comments Commission and must include a full International Trade Co., Ltd. of China; should address whether issuance of the statement of the reasons why the Shanghai Baosteel Group Corporation of relief specifically requested by the Commission should grant such China; Baoshan Iron & Steel Co., Ltd. of complainant in this investigation would treatment. See 19 CFR 201.6. Documents China; Baosteel America Inc. of affect the public health and welfare in for which confidential treatment by the Montvale, NJ; Jiangsu Shagang Group of the United States, competitive Commission is properly sought will be China; Jiangsu Shagang International conditions in the United States treated accordingly. All nonconfidential Trade Co., Ltd. of China; Anshan Iron economy, the production of like or written submissions will be available for and Steel Group of China; Angang public inspection at the Office of the directly competitive articles in the 5 Group International Trade Corporation United States, or United States Secretary and on EDIS. of China; Angang Group Hong Kong Co., consumers. This action is taken under the Ltd. of China; Wuhan Iron and Steel In particular, the Commission is authority of section 337 of the Tariff Act Group Corp. of China; Wuhan Iron and interested in comments that: of 1930, as amended (19 U.S.C. 1337), Steel Co., Ltd. of China; WISCO (i) Explain how the articles and of sections 201.10 and 210.8(c) of America Co., Ltd. of Newport Beach, potentially subject to the requested the Commission’s Rules of Practice and remedial orders are used in the United Procedure (19 CFR 201.10, 210.8(c)). 1 Electronic Document Information System States; (EDIS): http://edis.usitc.gov. (ii) identify any public health, safety, 4 Handbook for Electronic Filing Procedures: 2 United States International Trade Commission http://www.usitc.gov/secretary/fed_reg_notices/ (USITC): http://edis.usitc.gov. or welfare concerns in the United States rules/handbook_on_electronic_filing.pdf. 3 Electronic Document Information System relating to the requested remedial 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. orders; (EDIS): http://edis.usitc.gov.
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By order of the Commission. Register pursuant to section 6(b) of the any routine notice about the Issued: April 26, 2016. Act on January 22, 2016 (81 FR 3822). confidentiality of the communication will be treated as public comments that Lisa R. Barton, Patricia A. Brink, may be made available to the public Secretary to the Commission. Director of Civil Enforcement, Antitrust notwithstanding the inclusion of the Division. [FR Doc. 2016–10248 Filed 5–2–16; 8:45 am] routine notice. BILLING CODE 7020–02–P [FR Doc. 2016–10278 Filed 5–2–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: If BILLING CODE P you have comments especially on the estimated public burden or associated response time, suggestions, or need a DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE copy of the proposed information Antitrust Division 60-Day Notice: New Generic Clearance collection instrument with instructions for the New Collection of Quantitative or additional information, please Notice Pursuant to the National Feedback on Agency Service Delivery contact _ Cooperative Research and Production (Bureau of Prisons) OIRA [email protected]. Act of 1993—OpenDaylight Project, SUPPLEMENTARY INFORMATION: AGENCY: Bureau of Prisons, Department Inc. of Justice. Title: Generic Clearance for the Collection of Quantitative Feedback on Notice is hereby given that, on April ACTION: Notice and request for Agency Service Delivery. 4, 2016 pursuant to section 6(a) of the comments. Abstract: The proposed information National Cooperative Research and SUMMARY: The Bureau of Prisons collection activity provides a means to Production Act of 1993, 15 U.S.C. 4301 (Department of Justice) as part of its garner quantitative customer and et seq. (‘‘the Act’’), OpenDaylight continuing effort to reduce paperwork stakeholder feedback in an efficient, Project, Inc. (‘‘OpenDaylight’’) has filed and respondent burden, invites the timely manner, in accordance with the written notifications simultaneously general public to take this opportunity Administration’s commitment to with the Attorney General and the to comment on the ‘‘Generic Clearance improving service delivery. This Federal Trade Commission disclosing for the Collection of Quantitative feedback will provide insights into changes in its membership. The Feedback on Agency Service Delivery ’’ customer or stakeholder perceptions, experiences and expectations, and notifications were filed for the purpose for approval under the Paperwork provide an early warning of issues with of extending the Act’s provisions Reduction Act (PRA) (44 U.S.C. 3501 et service. This one time collection will limiting the recovery of antitrust seq.). This collection was developed as part of a Federal Government-wide allow for actionable communications plaintiffs to actual damages under between the Agency and its customers specified circumstances. Specifically, effort to streamline the process for seeking feedback from the public on and stakeholders. Tencent Technology (Shenzhen) The solicitation of feedback will target Company Limited, Shenzhen, PEOPLE’S service delivery, this notice announces our intent to submit this collection to areas such as: Perceptions of programs REPUBLIC OF CHINA; Taobao China for inmates, Bureau of Prisons Software Co., Ltd., Zhejiang, PEOPLE’S OMB for approval and solicits comments on specific aspects for the employees and the agency itself. REPUBLIC OF CHINA; SDN Essentials, Responses will be assessed to plan and Sunnyvale, CA; and Raisecom proposed information collection, A copy of the draft supporting inform efforts to improve or maintain Technology Co., Ltd., Beijing, PEOPLE’S statement is available at the quality of service offered to the REPUBLIC OF CHINA, have been added www.regulations.gov (see Docket ID public. If this information is not as parties to this venture. [OMB–2010–0021]). collected, vital feedback from customers Also, Megaport, Queensland, and stakeholders on the Agency’s DATES: Consideration will be given to all services will be unavailable. AUSTRALIA; Cyan Inc., Petaluma, CA; comments received by July 5, 2016. and Alcatel-Lucent USA Inc., Mountain The Agency will only submit a ADDRESSES: Submit comments by one of collection for approval under this View, CA, have withdrawn as parties to the following methods: this venture. generic clearance if it meets the • Web site: www.regulations.gov. following conditions: No other changes have been made in Direct comments to Docket ID OMB– • The collections are voluntary; either the membership or planned 2010–0021. • The collections are low-burden for activity of the group research project. • Email: respondents (based on considerations of Membership in this group research [[email protected]]. total burden hours, total number of project remains open, and OpenDaylight • Fax: 202–395–5806. respondents, or burden-hours per intends to file additional written Comments submitted in response to respondent) and are low-cost for both notifications disclosing all changes in this notice may be made available to the the respondents and the Federal membership. public through www.regulations.gov. Government; • On May 23, 2013, OpenDaylight filed For this reason, please do not include in The collections are non- your comments information of a its original notification pursuant to controversial and do not raise issues of confidential nature, such as sensitive section 6(a) of the Act. The Department concern to other Federal agencies; personal information or proprietary • Any collection is targeted to the of Justice published a notice in the information. If you send an email solicitation of opinions from Federal Register pursuant to section comment, your email address will be respondents who have experience with 6(b) of the Act on July 1, 2013 (78 FR automatically captured and included as the program or may have experience 39326). part of the comment that is placed in the with the program in the near future; The last notification was filed with public docket and made available on the • Personally identifiable information the Department on January 6, 2016. A Internet. Please note that responses to (PII) is collected only to the extent notice was published in the Federal this public comment request containing necessary and is not retained;
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• Information gathered will be used Frequency of Response: Once per NUCLEAR REGULATORY only internally for general service request. COMMISSION improvement and program management Average Minutes per Response: 2. [NRC–2016–0079] purposes and is not intended for release Burden Hours: 60. Request for Comments: Comments outside of the agency; Applications and Amendments to • submitted in response to this notice will Information gathered will not be Facility Operating Licenses and be summarized and/or included in the used for the purpose of substantially Combined Licenses Involving request for OMB approval. Comments informing influential policy decisions; Proposed No Significant Hazards are invited on: (a) Whether the and Considerations and Containing • collection of information is necessary Information gathered will yield Sensitive Unclassified Non-Safeguards for the proper performance of the quantitative information; the collections Information and Order Imposing functions of the agency, including will not be designed or expected to Procedures for Access to Sensitive whether the information shall have yield statistically reliable results or used Unclassified Non-Safeguards practical utility; (b) the accuracy of the as though the results are generalizable to Information the population of study. agency’s estimate of the burden of the Feedback collected under this generic collection of information; (c) ways to AGENCY: Nuclear Regulatory clearance provides useful information, enhance the quality, utility, and clarity Commission. but it does not yield data that can be of the information to be collected; (d) ACTION: License amendment request; generalized to the overall population. ways to minimize the burden of the opportunity to comment, request a This type of generic clearance for collection of information on hearing, and petition for leave to quantitative information will not be respondents, including through the use intervene; order. used for information collections that are of automated collection techniques or designed to yield reliably actionable other forms of information technology; SUMMARY: The U.S. Nuclear Regulatory results, such as monitoring trends over and (e) estimates of capital or start-up Commission (NRC) received and is time or documenting program costs and costs of operation, considering approval of one amendment performance. Such data uses require maintenance, and purchase of services request. The amendment requests are for more rigorous designs that address: The to provide information. Burden means Exelon Generation Company, LLC, Quad target population to which the total time, effort, or financial Cities Nuclear Power Station (QCNPS), generalizations will be made, the resources expended by persons to Units 1 and 2. For each amendment sampling frame, the sample design generate, maintain, retain, disclose or request, the NRC proposes to determine (including stratification and clustering), provide information to or for a Federal that they involve no significant hazards the precision requirements or power agency. This includes the time needed consideration. In addition, each calculations that justify the proposed to review instructions; to develop, amendment request contains sensitive sample size, the expected response rate, acquire, install and utilize technology unclassified non-safeguards information methods for assessing potential non- and systems for the purpose of (SUNSI). response bias, the protocols for data collecting, validating and verifying DATES: Comments must be filed by May collection, and any testing procedures information, processing and 31, 2016. A request for a hearing must that were or will be undertaken prior to maintaining information, and disclosing be filed by June 27, 2016. Any potential fielding the study. Depending on the and providing information; to train party as defined in § 2.4 of title 10 of the degree of influence the results are likely personnel and to be able to respond to Code of Federal Regulations (10 CFR), to have, such collections may still be a collection of information, to search who believes access to SUNSI is eligible for submission for other generic data sources, to complete and review necessary to respond to this notice must mechanisms that are designed to yield the collection of information; and to request document access by May 9, testable quantitative results. transmit or otherwise disclose the 2016. As a general matter, information information. ADDRESSES: collections will not result in any new All written comments will be You may submit comments system of records containing privacy available for public inspection by any of the following methods (unless information and will not ask questions Regulations.gov. this document describes a different of a sensitive nature, such as sexual An agency may not conduct or method for submitting comments on a behavior and attitudes, religious beliefs, sponsor, and a person is not required to specific subject): • Federal Rulemaking Web site: Go to and other matters that are commonly respond to, a collection of information http://www.regulations.gov and search considered private. unless it displays a currently valid Current Actions: New Generic Office of Management and Budget for Docket ID NRC–2016–0079. Address Information Collection Request. control number. questions about NRC dockets to Carol Type of Review: New Collection. If additional information is required Gallagher; telephone: 301–415–3463; Affected Public: Individuals and contact: Jerri Murray, Department email: [email protected]. For Households, Non-profit organizations, Clearance Officer, United States technical questions, contact the State, Local or Tribal Government to Department of Justice, Justice individual listed in the FOR FURTHER include Law Enforcement Officials. Management Division, Policy and INFORMATION CONTACT section of this Estimated Number of Respondents: document. Planning Staff, Two Constitution • 1,000. Square, 145 N Street NE., Room 3E– Mail comments to: Cindy Bladey, Below we provide projected average 405B, Washington, DC 20530. Office of Administration, Mail Stop: estimates for the next three years: OWFN–12–H08, U.S. Nuclear Average Expected Annual Number of Dated: April 26, 2016. Regulatory Commission, Washington, Activities: 1 (just once over the three Jerri Murray, DC 20555–0001. years). Department Clearance Officer for PRA, U.S. For additional direction on obtaining Average Number of Respondents per Department of Justice. information and submitting comments, Activity: 2,000. [FR Doc. 2016–10276 Filed 5–2–16; 8:45 am] see ‘‘Obtaining Information and Annual Responses: 2,000. BILLING CODE 4410–05–P Submitting Comments’’ in the
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SUPPLEMENTARY INFORMATION section of they do not want to be publicly involves no significant hazards this document. disclosed in their comment submission. consideration. In addition, the FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC Commission may issue the amendment Mable Henderson, Licensing Assistant, does not routinely edit comment prior to the expiration of the 30-day U.S. Nuclear Regulatory Commission, submissions to remove such information comment period should circumstances Washington, DC 20555–0001; telephone: before making the comment change during the 30-day comment 301–415–3760, email: submissions available to the public or period such that failure to act in a [email protected]. entering the comment submissions into timely way would result, for example, SUPPLEMENTARY INFORMATION: ADAMS. in derating or shutdown of the facility. Should the Commission take action II. Background I. Obtaining Information and prior to the expiration of either the Submitting Comments Pursuant to Section 189a.(2) of the comment period or the notice period, it Atomic Energy Act of 1954, as amended A. Obtaining Information will publish a notice of issuance in the (the Act), the NRC is publishing this Federal Register. Should the Please refer to Docket ID NRC–2016– notice. The Act requires the Commission make a final No Significant 0079 when contacting the NRC about Commission to publish notice of any Hazards Consideration Determination, the availability of information for this amendments issued, or proposed to be any hearing will take place after action. You may obtain publicly- issued and grants the Commission the issuance. The Commission expects that available information related to this authority to issue and make the need to take this action will occur action by any of the following methods: immediately effective any amendment very infrequently. • Federal Rulemaking Web site: Go to to an operating license or combined http://www.regulations.gov and search license, as applicable, upon a A. Opportunity To Request a Hearing for Docket ID NRC–2016–0079. determination by the Commission that and Petition for Leave To Intervene • NRC’s Agencywide Documents such amendment involves no significant Within 60 days after the date of Access and Management System hazards consideration, notwithstanding publication of this notice, any person(s) (ADAMS): You may obtain publicly- the pendency before the Commission of whose interest may be affected by this available documents online in the a request for a hearing from any person. action may file a request for a hearing ADAMS Public Documents collection at This notice includes notices of and a petition to intervene with respect http://www.nrc.gov/reading-rm/ amendments containing SUNSI. to issuance of the amendment to the adams.html. To begin the search, select subject facility operating license or III. Notice of Consideration of Issuance ‘‘ADAMS Public Documents’’ and then combined license. Requests for a of Amendments to Facility Operating select ‘‘Begin Web-based ADAMS hearing and a petition for leave to Licenses and Combined Licenses, Search.’’ For problems with ADAMS, intervene shall be filed in accordance Proposed No Significant Hazards please contact the NRC’s Public with the Commission’s ‘‘Agency Rules Consideration Determination, and Document Room (PDR) reference staff at of Practice and Procedure’’ in 10 CFR Opportunity for a Hearing 1–800–397–4209, 301–415–4737, or by part 2. Interested person(s) should email to [email protected]. The The Commission has made a consult a current copy of 10 CFR 2.309, ADAMS accession number for each proposed determination that the which is available at the NRC’s PDR, document referenced (if it is available in following amendment requests involve located at One White Flint North, Room ADAMS) is provided the first time that no significant hazards consideration. O1–F21, 11555 Rockville Pike (first it is mentioned in the SUPPLEMENTARY Under the Commission’s regulations in floor), Rockville, Maryland 20852. The INFORMATION section. 10 CFR 50.92, this means that operation NRC’s regulations are accessible • NRC’s PDR: You may examine and of the facility in accordance with the electronically from the NRC Library on purchase copies of public documents at proposed amendment would not (1) the NRC’s Web site at http:// the NRC’s PDR, Room O1–F21, One involve a significant increase in the www.nrc.gov/reading-rm/doc- White Flint North, 11555 Rockville probability or consequences of an collections/cfr/. If a request for a hearing Pike, Rockville, Maryland 20852. accident previously evaluated, or (2) or petition for leave to intervene is filed create the possibility of a new or within 60 days, the Commission or a B. Submitting Comments different kind of accident from any presiding officer designated by the Please include Docket ID NRC–2016– accident previously evaluated, or (3) Commission or by the Chief 0079, facility name, unit number(s), involve a significant reduction in a Administrative Judge of the Atomic application date, and subject in your margin of safety. The basis for this Safety and Licensing Board Panel, will comment submission. proposed determination for each rule on the request and/or petition; and The NRC cautions you not to include amendment request is shown below. the Secretary or the Chief identifying or contact information that The Commission is seeking public Administrative Judge of the Atomic you do not want to be publicly comments on this proposed Safety and Licensing Board will issue a disclosed in your comment submission. determination. Any comments received notice of a hearing or an appropriate The NRC will post all comment within 30 days after the date of order. submissions at http:// publication of this notice will be As required by 10 CFR 2.309, a www.regulations.gov as well as enter the considered in making any final petition for leave to intervene shall set comment submissions into ADAMS. determination. forth with particularity the interest of The NRC does not routinely edit Normally, the Commission will not the petitioner in the proceeding, and comment submissions to remove issue the amendment until the how that interest may be affected by the identifying or contact information. expiration of 60 days after the date of results of the proceeding. The petition If you are requesting or aggregating publication of this notice. The should specifically explain the reasons comments from other persons for Commission may issue the license why intervention should be permitted submission to the NRC, then you should amendment before expiration of the 60- with particular reference to the inform those persons not to include day period provided that its final following general requirements: (1) The identifying or contact information that determination is that the amendment name, address, and telephone number of
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the requestor or petitioner; (2) the made a final determination on the issue B. Electronic Submissions (E-Filing) nature of the requestor’s/petitioner’s of no significant hazards consideration, All documents filed in NRC right under the Act to be made a party the Commission will make a final adjudicatory proceedings, including a to the proceeding; (3) the nature and determination on the issue of no request for hearing, a petition for leave extent of the requestor’s/petitioner’s significant hazards consideration. The to intervene, any motion or other property, financial, or other interest in final determination will serve to decide document filed in the proceeding prior the proceeding; and (4) the possible when the hearing is held. If the final to the submission of a request for effect of any decision or order which determination is that the amendment hearing or petition to intervene, and may be entered in the proceeding on the request involves no significant hazards documents filed by interested requestor’s/petitioner’s interest. The consideration, the Commission may governmental entities participating petition must also set forth the specific issue the amendment and make it under 10 CFR 2.315(c), must be filed in contentions which the requestor/ immediately effective, notwithstanding accordance with the NRC’s E-Filing rule petitioner seeks to have litigated at the the request for a hearing. Any hearing (72 FR 49139; August 28, 2007). The E- proceeding. held would take place after issuance of Filing process requires participants to Each contention must consist of a the amendment. If the final submit and serve all adjudicatory specific statement of the issue of law or determination is that the amendment documents over the internet, or in some fact to be raised or controverted. In request involves a significant hazards cases to mail copies on electronic addition, the requestor/petitioner shall consideration, then any hearing held storage media. Participants may not provide a brief explanation of the bases would take place before the issuance of submit paper copies of their filings for the contention and a concise any amendment unless the Commission unless they seek an exemption in statement of the alleged facts or expert finds an imminent danger to the health opinion which support the contention or safety of the public, in which case it accordance with the procedures and on which the requestor/petitioner will issue an appropriate order or rule described below. To comply with the procedural intends to rely in proving the contention under 10 CFR part 2. at the hearing. The requestor/petitioner A State, local governmental body, requirements of E-Filing, at least 10 must also provide references to those Federally-recognized Indian Tribe, or days prior to the filing deadline, the specific sources and documents of agency thereof, may submit a petition to participant should contact the Office of which the petitioner is aware and on the Commission to participate as a party the Secretary by email at which the requestor/petitioner intends under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone to rely to establish those facts or expert should state the nature and extent of the at 301–415–1677, to request (1) a digital opinion. The petition must include petitioner’s interest in the proceeding. identification (ID) certificate, which sufficient information to show that a The petition should be submitted to the allows the participant (or its counsel or genuine dispute exists with the Commission by June 27, 2016. The representative) to digitally sign applicant on a material issue of law or petition must be filed in accordance documents and access the E-Submittal fact. Contentions shall be limited to with the filing instructions in the server for any proceeding in which it is matters within the scope of the ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the amendment under consideration. The section of this document, and should Secretary that the participant will be contention must be one which, if meet the requirements for petitions for submitting a request or petition for proven, would entitle the requestor/ leave to intervene set forth in this hearing (even in instances in which the petitioner to relief. A requestor/ section, except that under § 2.309(h)(2) participant, or its counsel or petitioner who fails to satisfy these a State, local governmental body, or representative, already holds an NRC- requirements with respect to at least one Federally-recognized Indian Tribe, or issued digital ID certificate). Based upon contention will not be permitted to agency thereof does not need to address this information, the Secretary will participate as a party. the standing requirements in 10 CFR establish an electronic docket for the Those permitted to intervene become 2.309(d) if the facility is located within hearing in this proceeding if the parties to the proceeding, subject to any its boundaries. A State, local Secretary has not already established an limitations in the order granting leave to governmental body, Federally- electronic docket. intervene, and have the opportunity to recognized Indian Tribe, or agency Information about applying for a participate fully in the conduct of the thereof may also have the opportunity to digital ID certificate is available on the hearing with respect to resolution of participate under 10 CFR 2.315(c). NRC’s public Web site at http:// that person’s admitted contentions, If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ including the opportunity to present who does not wish, or is not qualified, getting-started.html. System evidence and to submit a cross- to become a party to the proceeding requirements for accessing the E- examination plan for cross-examination may, in the discretion of the presiding Submittal server are detailed in the of witnesses, consistent with NRC officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic regulations, policies and procedures. appearance pursuant to the provisions Submission,’’ which is available on the Petitions for leave to intervene must of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// be filed no later than 60 days from the limited appearance may make an oral or www.nrc.gov/site-help/e- date of publication of this notice. written statement of position on the submittals.html. Participants may Requests for hearing, petitions for leave issues, but may not otherwise attempt to use other software not listed to intervene, and motions for leave to participate in the proceeding. A limited on the Web site, but should note that the file new or amended contentions that appearance may be made at any session NRC’s E-Filing system does not support are filed after the 60-day deadline will of the hearing or at any prehearing unlisted software, and the NRC Meta not be entertained absent a conference, subject to the limits and System Help Desk will not be able to determination by the presiding officer conditions as may be imposed by the offer assistance in using unlisted that the filing demonstrates good cause presiding officer. Persons desiring to software. by satisfying the three factors in 10 CFR make a limited appearance are If a participant is electronically 2.309(c)(1)(i)–(iii). If a hearing is requested to inform the Secretary of the submitting a document to the NRC in requested, and the Commission has not Commission by June 27, 2016. accordance with the E-Filing rule, the
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participant must file the document continue to submit documents in paper Reference staff at 1–800–397–4209, 301– using the NRC’s online, Web-based format. Such filings must be submitted 415–4737, or by email to pdr.resource@ submission form. In order to serve by: (1) First class mail addressed to the nrc.gov. documents through the Electronic Office of the Secretary of the Exelon Generation Company, LLC, Information Exchange System, users Commission, U.S. Nuclear Regulatory Docket Nos. 50–254 and 50–265, Quad will be required to install a Web Commission, Washington, DC 20555– browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and Cities Nuclear Power Station (QCNPS), site. Further information on the Web- Adjudications Staff; or (2) courier, Units 1 and 2, Rock Island County, based submission form, including the express mail, or expedited delivery Illinois installation of the Web browser plug-in, service to the Office of the Secretary, Date of amendment request: is available on the NRC’s public Web Sixteenth Floor, One White Flint North, December 14, 2015. A publicly-available site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, version is in ADAMS under Accession submittals.html. Maryland 20852, Attention: Rulemaking No. ML15348A396. Once a participant has obtained a and Adjudications Staff. Participants Description of amendment request: digital ID certificate and a docket has filing a document in this manner are This amendment request contains been created, the participant can then responsible for serving the document on sensitive unclassified non-safeguards submit a request for hearing or petition all other participants. Filing is information (SUNSI). The amendment for leave to intervene. Submissions considered complete by first-class mail would revise the design bases in the should be in Portable Document Format as of the time of deposit in the mail, or updated final safety analysis report to (PDF) in accordance with NRC guidance by courier, express mail, or expedited reflect the use of a new criticality safety available on the NRC’s public Web site delivery service upon depositing the assessment (CSA) fuel channel bow/ at http://www.nrc.gov/site-help/e- document with the provider of the bulge methodology to support the submittals.html. A filing is considered service. A presiding officer, having performance of criticality safety complete at the time the documents are granted an exemption request from evaluation for ATRIUM–10XM fuel submitted through the NRC’s E-Filing using E-Filing, may require a participant design in the spent fuel pool (SFP). system. To be timely, an electronic or party to use E-Filing if the presiding Basis for proposed no significant filing must be submitted to the E-Filing officer subsequently determines that the hazards consideration determination: system no later than 11:59 p.m. Eastern reason for granting the exemption from As required by 10 CFR 50.91(a), the Time on the due date. Upon receipt of use of E-Filing no longer exists. licensee has provided its analysis of the a transmission, the E-Filing system Documents submitted in adjudicatory issue of no significant hazards time-stamps the document and sends proceedings will appear in the NRC’s consideration, which is presented below the submitter an email notice electronic hearing docket which is confirming receipt of the document. The available to the public at http:// 1. Does the proposed change involve a significant increase in the probability or E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded consequences of an accident previously notice that provides access to the pursuant to an order of the Commission, evaluated? document to the NRC’s Office of the or the presiding officer. Participants are Response: No. General Counsel and any others who requested not to include personal The proposed change involves a revised have advised the Office of the Secretary privacy information, such as social CSA for the QCNPS Units 1 and 2 SFPs using that they wish to participate in the security numbers, home addresses, or a new fuel channel bow/bulge methodology. proceeding, so that the filer need not home phone numbers in their filings, The proposed change does not alter or serve the documents on those unless an NRC regulation or other law modify the fuel, fuel handling processes, participants separately. Therefore, requires submission of such spent fuel storage racks, number of fuel applicants and other participants (or information. However, in some assemblies that may be stored in the SFP, decay heat generation rate, or the SFP cooling their counsel or representative) must instances, a request to intervene will and cleanup system. apply for and receive a digital ID require including information on local The proposed change was evaluated for certificate before a hearing request/ residence in order to demonstrate a impact on the following previously evaluated petition to intervene is filed so that they proximity assertion of interest in the events and accidents: can obtain access to the document via proceeding. With respect to copyrighted • A fuel handling accident (FHA), the E-Filing system. works, except for limited excerpts that • A fuel mispositioning event, A person filing electronically using serve the purpose of the adjudicatory • A seismic event, and the NRC’s adjudicatory E-Filing system filings and would constitute a Fair Use • A loss of SFP cooling event. may seek assistance by contacting the application, participants are requested The probability of a FHA is not increased NRC Meta System Help Desk through not to include copyrighted materials in because implementation of the proposed the ‘‘Contact Us’’ link located on the change will employ the same equipment and their submission. processes to handle fuel assemblies that are NRC’s public Web site at http:// For further details with respect to this currently used. The FHA radiological www.nrc.gov/site-help/e- amendment action, see the application consequences are not increased because the submittals.html, by email to for amendment which is available for fuel channel bow/bulge methodology used in [email protected], or by a toll- public inspection at the NRC’s PDR, the CSA does not impact the radiological free call at 1–866–672–7640. The NRC located at One White Flint North, Room source term of a single fuel assembly. Meta System Help Desk is available O1–F21, 11555 Rockville Pike (first Therefore, the proposed change does not between 8 a.m. and 8 p.m., Eastern floor), Rockville, Maryland 20852. significantly increase the probability or Time, Monday through Friday, Publicly available documents created or consequences of an FHA. excluding government holidays. received at the NRC are accessible Operation in accordance with the proposed Participants who believe that they electronically through ADAMS in the change will not significantly increase the probability of a fuel mispositioning event have a good cause for not submitting NRC Library at http://www.nrc.gov/ because fuel movement will continue to be documents electronically must file an reading-rm/adams.html. If you do not controlled by approved fuel handling exemption request, in accordance with have access to ADAMS or if there are procedures. These procedures continue to 10 CFR 2.302(g), with their initial paper problems in accessing the documents require identification of the initial and target filing requesting authorization to located in ADAMS, contact the PDR’s locations for each fuel assembly that is
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moved. The consequences of a fuel using a new fuel channel bow/bulge ‘‘potential party’’ is any person who mispositioning event are not changed methodology. This change was evaluated for intends to participate as a party by because the reactivity analysis demonstrates its effect on margins of safety related to demonstrating standing and filing an that the new subcriticality criteria and criticality and spent fuel heat removal admissible contention under 10 CFR requirements will be met for the worst-case capability. fuel mispositioning event. QCNPS Technical Specifications Section 2.309. Requests for access to SUNSI Operation in accordance with the proposed 4.3, ‘‘Fuel Storage,’’ Specification 4.3.1.1.a submitted later than 10 days after change will not change the probability of a requires the spent fuel storage racks to publication of this notice will not be seismic event. The consequences of a seismic maintain the effective neutron multiplication considered absent a showing of good event are not increased because the forcing factor, keff, less than or equal to 0.95 when cause for the late filing, addressing why functions for seismic excitation are not fully flooded with unborated water, which the request could not have been filed increased and because the mass of storage includes an allowance for uncertainties. earlier. racks has not changed. Therefore, for SFP criticality considerations, C. The requester shall submit a letter Operation in accordance with the proposed the required safety margin is five percent. change will not change the probability of a The proposed change ensures, as verified requesting permission to access SUNSI loss of SFP cooling event because the systems by the associated criticality analysis, that keff to the Office of the Secretary, U.S. and events that could affect SFP cooling are continues to be less than or equal to 0.95, Nuclear Regulatory Commission, unchanged. The consequences are not thus preserving the required safety margin of Washington, DC 20555–0001, Attention: significantly increased because there are no five percent. Rulemakings and Adjudications Staff, changes in the SFP heat load or SFP cooling The proposed use of a new fuel channel and provide a copy to the Associate systems, structures or components due to the bow/bulge methodology for performing the General Counsel for Hearings, proposed change in fuel channel bow/bulge QCNPS SFP CSA does not affect spent fuel Enforcement and Administration, Office methodology used in the CSA. heat generation or the spent fuel cooling Therefore, the proposed change does not systems. of the General Counsel, Washington, DC involve a significant increase in the In addition, the radiological consequences 20555–0001. The expedited delivery or probability or consequences of an accident of a dropped fuel assembly remain courier mail address for both offices is: previously evaluated. unchanged as the anticipated fuel damage U.S. Nuclear Regulatory Commission, 2. Does the proposed change create the due to a fuel handling accident is unaffected 11555 Rockville Pike, Rockville, possibility of a new or different kind of by the use of a new fuel channel bow/bulge Maryland 20852. The email address for accident from any accident previously methodology to perform the CSA. The the Office of the Secretary and the evaluated? proposed change also does not increase the Office of the General Counsel are Response: No. capacity of the Unit 1 and Unit 2 spent fuel pools beyond the current capacity of no more [email protected] and Onsite storage of spent fuel assemblies in 1 the QCNPS, Units 1 and 2, SFPs is a normal than 3657 and 3897 fuel assemblies, [email protected], respectively. activity for which QCNPS has been designed respectively. The request must include the following and licensed. As part of assuring that this Therefore, the proposed change does not information: normal activity can be performed without involve a significant reduction in a margin of (1) A description of the licensing endangering the public health and safety, the safety action with a citation to this Federal ability to safely accommodate different The NRC staff has reviewed the Register notice; possible accidents in the spent fuel pool have licensee’s analysis and, based on this (2) The name and address of the been previously analyzed. These analyses review, it appears that the three potential party and a description of the address accidents such as radiological potential party’s particularized interest releases due to dropping a fuel assembly; and standards of 10 CFR 50.92(c) are potential inadvertent criticality due to satisfied. Therefore, the NRC staff that could be harmed by the action misloading a fuel assembly. The proposed proposes to determine that the identified in C.(1); and change does not alter the method of fuel amendment request involves no (3) The identity of the individual or movement or spent fuel storage and does not significant hazards consideration. entity requesting access to SUNSI and create the potential for a new accident. Attorney for licensee: Bradley J. the requester’s basis for the need for the The proposed use of a new fuel channel Fewell, Associate General Counsel, information in order to meaningfully bow/bulge methodology for performing the Exelon Nuclear, 4300 Winfield Road, participate in this adjudicatory QCNPS revised SFP CSA does not change or Warrenville, Illinois 60555. proceeding. In particular, the request modify the fuel, fuel handling processes, NRC Acting Branch Chief: Justin C. spent fuel racks, number of fuel assemblies must explain why publicly-available that may be stored in the pool, decay heat Poole. versions of the information requested would not be sufficient to provide the generation rate, or the SFP cooling and Order Imposing Procedures for Access basis and specificity for a proffered cleanup system. to Sensitive Unclassified Non- The limiting fuel assembly mispositioning contention. Safeguards Information for Contention event does not represent a new or different D. Based on an evaluation of the Preparation type of accident. The mispositioning of a fuel information submitted under paragraph assembly within the fuel storage racks has Exelon Generation Company, LLC, C.(3) the NRC staff will determine always been possible. The proposed change Docket Nos. 50–254 and 50–265, Quad within 10 days of receipt of the request involves a revised CSA for the QCNPS, Units Cities Nuclear Power Station (QCNPS), whether: 1 and 2, SFPs using a new fuel channel bow/ Units 1 and 2, Rock Island County, bulge methodology. The associated analysis (1) There is a reasonable basis to results show that the storage racks remain Illinois believe the petitioner is likely to sub-critical, with substantial margin, A. This Order contains instructions establish standing to participate in this following a worst-case fuel misloading event. regarding how potential parties to this NRC proceeding; and Therefore, the proposed change does not proceeding may request access to (2) The requestor has established a create the possibility of a new or different documents containing SUNSI. legitimate need for access to SUNSI. kind of accident from any accident B. Within 10 days after publication of previously evaluated. 1 3. Does the proposed change involve a this notice of hearing and opportunity to While a request for hearing or petition to petition for leave to intervene, any intervene in this proceeding must comply with the significant reduction in a margin of safety? filing requirements of the NRC’s ‘‘E-Filing Rule,’’ Response: No. potential party who believes access to the initial request to access SUNSI under these The proposed change involves a revised SUNSI is necessary to respond to this procedures should be submitted as described in this CSA for the QCNPS, Units 1 and 2, SFPs notice may request such access. A paragraph.
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E. If the NRC staff determines that the comply with the requirements of 10 CFR procedures give way to the normal requestor satisfies both D.(1) and D.(2) 2.309. process for litigating disputes above, the NRC staff will notify the G. Review of Denials of Access. concerning access to information. The requestor in writing that access to (1) If the request for access to SUNSI availability of interlocutory review by SUNSI has been granted. The written is denied by the NRC staff after a the Commission of orders ruling on notification will contain instructions on determination on standing and need for such NRC staff determinations (whether how the requestor may obtain copies of access, the NRC staff shall immediately granting or denying access) is governed the requested documents, and any other notify the requestor in writing, briefly by 10 CFR 2.311.3 conditions that may apply to access to stating the reason or reasons for the I. The Commission expects that the those documents. These conditions may denial. NRC staff and presiding officers (and include, but are not limited to, the (2) The requester may challenge the any other reviewing officers) will signing of a Non-Disclosure Agreement NRC staff’s adverse determination by consider and resolve requests for access filing a challenge within 5 days of or Affidavit, or Protective Order 2 setting to SUNSI, and motions for protective receipt of that determination with: (a) forth terms and conditions to prevent orders, in a timely fashion in order to The presiding officer designated in this the unauthorized or inadvertent minimize any unnecessary delays in proceeding; (b) if no presiding officer disclosure of SUNSI by each individual identifying those petitioners who have has been appointed, the Chief who will be granted access to SUNSI. standing and who have propounded Administrative Judge, or if he or she is contentions meeting the specificity and F. Filing of Contentions. Any unavailable, another administrative basis requirements in 10 CFR part 2. contentions in these proceedings that judge, or an administrative law judge Attachment 1 to this Order summarizes are based upon the information received with jurisdiction pursuant to 10 CFR the general target schedule for as a result of the request made for 2.318(a); or (c) officer if that officer has processing and resolving requests under SUNSI must be filed by the requestor no been designated to rule on information these procedures. later than 25 days after the requestor is access issues. granted access to that information. H. Review of Grants of Access. A It is so ordered. However, if more than 25 days remain party other than the requester may Dated at Rockville, Maryland, this 21st day between the date the petitioner is challenge an NRC staff determination of April, 2016. granted access to the information and granting access to SUNSI whose release For the Nuclear Regulatory Commission. the deadline for filing all other would harm that party’s interest Annette L. Vietti-Cook, contentions (as established in the notice independent of the proceeding. Such a Secretary of the Commission. of hearing or opportunity for hearing), challenge must be filed with the Chief the petitioner may file its SUNSI Administrative Judge within 5 days of ATTACHMENT 1—General Target contentions by that later deadline. This the notification by the NRC staff of its Schedule for Processing and Resolving provision does not extend the time for grant of access. Requests for Access to Sensitive filing a request for a hearing and If challenges to the NRC staff Unclassified Non-Safeguards petition to intervene, which must determinations are filed, these Information in This Proceeding
Day Event/Activity
0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instruc- tions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formula- tion does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for ac- cess provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the informa- tion.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Ad- ministrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. A ...... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final ad- verse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as be filed with the presiding officer or the Chief 3 Requesters should note that the filing applicable), but not to the initial SUNSI request Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures. 49139; August 28, 2007) apply to appeals of NRC
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Day Event/Activity
A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days re- main between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as es- tablished in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later dead- line. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.
[FR Doc. 2016–09981 Filed 5–2–16; 8:45 am] please contact the NRC’s Public enables the NRC to ensure that the BILLING CODE P Document Room (PDR) reference staff licensee is using the proper radiation at: 1–800–397–4209, 301–415–4737, or release criteria and to determine the by email to [email protected]. The adequacy of the licensee’s final site NUCLEAR REGULATORY ADAMS accession number for each survey. Upon PG&E demonstrating that COMMISSION document referenced (if it is available in it has reduced the residual radioactivity [Docket No.: 50–133; NRC–2016–0091] ADAMS) is provided the first time that at HBPP Unit 3 to levels permitting its it is mentioned in this document. release for unrestricted use (in • Humboldt Bay Power Plant Unit 3 NRC’s PDR: You may examine and accordance with the NRC’s regulation, License Termination Plan, Pacific Gas purchase copies of public documents at 10 CFR 20.1402), as demonstrated by & Electric Company the NRC’s PDR, Room O1–F21, One the final site survey, the NRC will White Flint North, 11555 Rockville terminate PG&E’s license. The NRC, in AGENCY: Nuclear Regulatory Pike, Rockville, Maryland 20852. the EA, considered a no-action Commission. FOR FURTHER INFORMATION CONTACT: alternative in which the NRC would not ACTION: Environmental assessment and Alan Bjornsen, Office of Nuclear approve the LTP, therefore preventing finding of no significant impact; Materials Safety and Safeguards, U.S. the termination of the HBPP Unit 3 issuance. Nuclear Regulatory Commission, operating license. The no-action Washington DC 20555–0001; telephone: SUMMARY: The U.S. Nuclear Regulatory alternative would keep the PG&E 301–415–6925; email: operating license in effect, and the site Commission (NRC) is issuing an [email protected]. environmental assessment (EA) and a would not be available for another use. finding of no significant impact (FONSI) SUPPLEMENTARY INFORMATION: As a result, the no-action alternative was not evaluated further in the EA. The for a license amendment request I. Introduction submitted by Pacific Gas and Electric NRC evaluated the potential impacts to In accordance with section 50.90 of Company (PG&E or licensee) related to threatened and endangered species, title 10 of the Code of Federal its shutdown Humboldt Bay Power environmental justice, and offsite land Regulations (10 CFR), and 10 CFR Plant (HBPP) Unit 3 License use for waste disposal. The NRC 50.82(a)(9), PG&E submitted a request to Termination Plan (LTP). determined that approval of the LTP for the NRC dated May 3, 2013 (ADAMS HBPP Unit 3 would not result in a DATES: The EA and FONSI referenced in Accession Nos. ML13130A008 and this document are available on May 3, significant impact to the human ML13130A009, respectively) to amend environment. 2016. its nuclear power plant operating ADDRESSES: Please refer to Docket ID license (DPR–7) for HBPP Unit 3 which The NRC staff consulted with a NRC–2016–0091 when contacting the is located near Eureka, California. The number of Federal, State and local NRC about the availability of license amendment request proposed to agencies, and other parties regarding the information regarding this document. add license conditions that incorporate potential environmental impacts of the You may obtain publicly-available the LTP and establish the criteria for proposed action. These consultations information related to this document determining when changes to the LTP were intended to afford these agencies using any of the following methods: require NRC approval. The NRC and parties the opportunity to comment • Federal Rulemaking Web site: Go to performed a safety and environmental on the proposed action, and to ensure http://www.regulations.gov and search review for this license amendment that the requirements of Section 102(2) for Docket ID NRC–2016–0091. Address request. This EA documents the staff’s of NEPA, Section 106 of the National questions about NRC dockets to Carol environmental review and its Historic Preservation Act, Section 7 of Gallagher; telephone: 301–415–3463; compliance with Section 102(2) of the the Endangered Species Act, and email: [email protected]. For National Environmental Policy Act of Section 305 of the Magnuson-Stevens technical questions, contact the 1969, as amended (NEPA). Fishery Conservation and Management individual listed in the FOR FURTHER Act were met. Regarding these laws, the INFORMATION CONTACT section of this II. Environmental Assessment NRC staff requested input from the document. Summary Army Corps of Engineers and consulted • NRC’s Agencywide Documents Under the requirements of §§ 51.21 with the U.S. Fish and Wildlife Service, Access and Management System and 51.30(a), the NRC staff developed the National Marine Fisheries Service, (ADAMS): You may obtain publicly- an EA (ADAMS Accession No. the California Office of Historic available documents online in the ML16106A054) to evaluate the proposed Preservation, the California Native ADAMS Public Documents collection action to amend PG&E’s operating American Heritage Commission, the at: http://www.nrc.gov/reading-rm/ license for HBPP Unit 3 to include the California Office of Native American adams.html. To begin the search, select LTP. The LTP provides the basis for the Affairs, three Federally-recognized ‘‘ADAMS Public Documents’’ and then NRC to ensure that the licensee has Native American Tribes (the Wiyot select ‘‘Begin Web-based ADAMS adequate funds available to complete Tribe, the Bear River Band of Search.’’ For problems with ADAMS, decommissioning. In addition, the LTP Rohnerville Rancheria, and the Blue
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Lake Rancheria), and the City of Eureka. U.S.C. 552b(e) and 9.107(a) of the Week of May 9, 2016—Tentative The NRC staff used the information Commission’s rules that both items in There are no meetings scheduled for provided during the consultations to the above referenced Affirmation the week of May 9, 2016. inform the EA. Session be held with less than one week The NRC provided a draft copy of the notice to the public. The meeting is Week of May 16, 2016—Tentative EA to the California State Department of scheduled on May 4, 2016. Tuesday, May 17, 2016 Health for review on March 9, 2016 * * * * * (ADAMS Accession No. ML14169A392) The schedule for Commission 9:00 a.m. Briefing on the Status of and did not receive any comments. meetings is subject to change on short Lessons Learned from the Fukushima Dai-ichi Accident III. Finding of No Significant Impact notice. For more information or to verify the status of meetings, contact Denise (Public Meeting) (Contact: Kevin The NRC staff prepared an EA in McGovern at 301–415–0681 or via email Witt: 301–415–2145) support of the proposed action. The EA at [email protected]. This meeting will be webcast live at is available at ADAMS Accession No. * * * * * the Web address—http://www.nrc.gov/. ML16106A054. The NRC staff The NRC Commission Meeting Thursday, May 19, 2016 concluded that the proposed action to Schedule can be found on the Internet amend PG&E’s license for HBPP Unit 3 at: http://www.nrc.gov/public-involve/ 10:00 a.m. Briefing on Security Issues to include the LTP will not significantly public-meetings/schedule.html. (Closed Ex. 1) impact the quality of the human 1:30 p.m. Briefing on Security Issues environment, and that the proposed * * * * * The NRC provides reasonable (Closed Ex. 1) action is the preferred alternative. accommodation to individuals with Therefore, the NRC finds that there are Week of May 23, 2016—Tentative disabilities where appropriate. If you no significant environmental impacts There are no meetings scheduled for need a reasonable accommodation to from the proposed action, and that the week of May 23, 2016. participate in these public meetings, or preparation of an environmental impact need this meeting notice or the statement is not warranted. Week of May 30, 2016—Tentative transcript or other information from the Accordingly, the NRC has determined Thursday, June 2, 2016 public meetings in another format (e.g. that a FONSI is appropriate. The FONSI braille, large print), please notify 9:00 a.m. Briefing on Results of the incorporates the EA by reference. Kimberly Meyer, NRC Disability Agency Action Review Meeting Dated at Rockville, Maryland, this 26th day Program Manager, at 301–287–0739, by (Public Meeting) (Contact: Andrew of April 2016. videophone at 240–428–3217, or by Waugh: 301–415–5601) For the Nuclear Regulatory Commission. email at Kimberly.Meyer-Chambers@ This meeting will be webcast live at Craig G. Erlanger, nrc.gov. Determinations on requests for the Web address—http://www.nrc.gov/. Acting Director, Division of Fuel Cycle Safety, reasonable accommodation will be 2:00 p.m. Discussion of Management Safeguards, and Environmental Review Office made on a case-by-case basis. and Personnel Issues (Closed—Ex. 2 of Nuclear Materials Safety and Safeguards. * * * * * & 6) [FR Doc. 2016–10321 Filed 5–2–16; 8:45 am] Members of the public may request to Week of June 6, 2016—Tentative BILLING CODE 7590–01–P receive this information electronically. If you would like to be added to the There are no meetings scheduled for distribution, please contact the Nuclear the week of June 6, 2016. NUCLEAR REGULATORY Regulatory Commission, Office of the COMMISSION * * * * * Secretary, Washington, DC 20555 (301– The schedule for Commission [NRC–2016–0001] 415–1969), or email meetings is subject to change on short [email protected] or notice. For more information or to verify Sunshine Act Meeting Notice [email protected]. the status of meetings, contact Denise Dated: April 28, 2016. McGovern at 301–415–0681 or via email DATE: May 2, 2016. Denise L. McGovern, at [email protected]. PLACE: Commissioners’ Conference * * * * * Room, 11555 Rockville Pike, Rockville, Policy Coordinator, Office of the Secretary. The NRC Commission Meeting Maryland. [FR Doc. 2016–10374 Filed 4–29–16; 11:15 am] BILLING CODE 7590–01–P Schedule can be found on the Internet STATUS: Public. at: http://www.nrc.gov/public-involve/ Week of May 2, 2016 public-meetings/schedule.html. NUCLEAR REGULATORY * * * * * Wednesday, May 4, 2016 COMMISSION The NRC provides reasonable 9:25 a.m. Affirmation Session (Public [NRC–2016–0001] accommodation to individuals with Meeting) (Tentative) disabilities where appropriate. If you Entergy Nuclear Operations, Inc. Sunshine Act Meeting Notice need a reasonable accommodation to (Indian Point Nuclear Generating participate in these public meetings, or Units 2 and 3)—State of New York DATE: May 2, 9, 16, 23, 30, June 6, 2016. need this meeting notice or the Petitions for Review of LBP–13–13 PLACE: Commissioners’ Conference transcript or other information from the and Associated Board Decision on Room, 11555 Rockville Pike, Rockville, public meetings in another format (e.g. Contention NYS–12C (Tentative) Maryland. braille, large print), please notify * * * * * STATUS: Public and Closed. Kimberly Meyer, NRC Disability Program Manager, at 301–287–0739, by Additional Information Week of May 2, 2016 videophone at 240–428–3217, or by By a vote of 4–0 on April 28, 2016, There are no meetings scheduled for email at Kimberly.Meyer-Chambers@ the Commission determined pursuant to the week of May 2, 2016. nrc.gov. Determinations on requests for
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reasonable accommodation will be DATES: Responses must be received by Executive Office of the President made on a case-by-case basis. May 27, 2016 to be considered. comprised the FTAC–SMDIS. Together * * * * * ADDRESSES: You may submit comments the group identified current uses of Members of the public may request to by any of the following methods: MDIS data by Federal agencies, existing receive this information electronically. • Web form: https:// barriers to accessing and working with If you would like to be added to the www.whitehouse.gov/webform/ these data, data quality issues, and distribution, please contact the Nuclear Medicolegal-Death-Investigation- opportunities for addressing those Regulatory Commission, Office of the System-Public-Comment challenges. The group developed a Secretary, Washington, DC 20555 (301– • Fax: (202) 456–6027, Attn: Eleanor report detailing specific 415–1969), or email Celeste. recommendations on actions the Federal [email protected] or • Mail: Attn: Eleanor Celeste, Office government as well as State, local, and [email protected]. of Science and Technology Policy, Tribal entities can take on priority Eisenhower Executive Office Building, issues to improve data systems for the Dated: April 28, 2016. 1650 Pennsylvania Ave. NW., MDIS. SMDIS–FTAC now is seeking Denise McGovern, Washington, DC 20504. public comment on this report Policy Coordinator, Office of the Secretary. Instructions: Response to this Request (available at: https:// [FR Doc. 2016–10373 Filed 4–29–16; 11:15 am] for Public Comment is voluntary. www.whitehouse.gov/sites/default/files/ BILLING CODE 7590–01–P Responses exceeding 1,000 words will microsites/ostp/NSTC/strengthening_ not be considered. Please reference page the_medicolegal_death_investigation_ numbers in your response, as system_draft_for_public_comment_ OFFICE OF SCIENCE AND appropriate. Submission via web form is 4_21.pdf) in advance of finalizing the TECHNOLOGY POLICY preferred. Responses to this Request for document for publication. The Public Comment may be posted online Committee is seeking specific input on Draft Report on Strengthening the without change online. The Office of the following questions, as well as Medicolegal Death Investigation Science and Technology Policy (OSTP) general feedback on the content of the System: Improving Data Systems therefore requests that no business report. proprietary information, copyrighted • Are there scientific and technical ACTION: Notice of request for public information, or personally identifiable issues surrounding data quality and comment. information be submitted in response to access within the MDI System that the SUMMARY: The nation’s approximately this request. Please note that the U.S. FTAC should be aware of and include Government will not pay for response in its report? 2,400 medical examiner and coroner • (ME/C) jurisdictions investigate nearly preparation, or for the use of any Are there additional 500,000 deaths each year and perform information contained in the response. recommendations to improve data post-mortem examinations and/or FOR FURTHER INFORMATION CONTACT: systems that would be impactful to the autopsies to determine the cause of Eleanor Celeste, (202) 456–4444, MDI System, based on the scientific and death. While the function and [email protected], OSTP. technical literature? organization of these offices vary by SUPPLEMENTARY INFORMATION: The 2009 Ted Wackler, state, medical examiners and coroners National Research Council report Deputy Chief of Staff and Assistant Director. typically investigate deaths that are ‘‘Strengthening Forensic Science in the [FR Doc. 2016–10308 Filed 5–2–16; 8:45 am] sudden and unexpected, deaths that United States: A Path Forward’’ BILLING CODE 3270–F6–P have no attending physician, and all described the current Medicolegal Death suspicious and violent deaths. Investigation System (MDIS) as Strengthening the ME/C system is fragmented, inconsistent, and of SECURITIES AND EXCHANGE critical for improving the accuracy and insufficient quality for the needs of COMMISSION reliability of these death investigations health, consumer safety, and law and will benefit public health and safety enforcement officials. The report [Release No. 34–77721; File No. SR– programs, law enforcement identified a number of specific problems BatsBZX–2016–11] investigations, and the development of with the current system. Self-Regulatory Organizations; Bats interventions to prevent deaths Many Federal agencies rely on the BZX Exchange, Inc.; Notice of Filing nationwide. data generated by the MDIS to further and Immediate Effectiveness of a The National Science and Technology their missions, and therefore share an Proposed Rule Change To Extend the Council’s Fast Track Action Committee interest in ensuring that these data are Pilot Period for the Exchange’s on Strengthening the Medicolegal Death accurate, reliable, and readily Supplemental Competitive Liquidity Investigation System was chartered in accessible. In 2015, OSTP established Provider Program July 2015 to make strategic policy under the National Science and recommendations at the Federal level Technology Council a Fast-Track Action April 27, 2016. on how to address issues related to Committee on Strengthening the Pursuant to section 19(b)(1) of the accessing and working with data Medicolegal Death Investigation System Securities Exchange Act of 1934 (the generated by ME/C offices. Importantly, (FTAC–SMDIS) to identify and ‘‘Act’’),1 and Rule 19b–4 thereunder,2 these policy recommendations will not recommend strategic policy measures notice is hereby given that on April 22, only strengthen medicolegal death that can be implemented by Federal 2016, Bats BZX Exchange, Inc. (the investigations, but would also enhance agencies in coordination with State and ‘‘Exchange’’ or ‘‘BZX’’) filed with the public health and the integrity of the local agencies to improve the quality, Securities and Exchange Commission criminal justice system, and further uniformity, and availability of MDIS (‘‘Commission’’) the proposed rule public health and medical research. The data in order to maximize the utility of change as described in Items I and II Committee is seeking input on a series these data for Federal purposes. of specific questions, as well as general More than 12 Federal departments, 1 15 U.S.C. 78s(b)(1). feedback on the content of the report. agencies, and components of the 2 17 CFR 240.19b–4.
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below, which Items have been prepared Program under Interpretation and Policy requirements of the Act and the rules by the Exchange. The Commission is .03 to Rule 11.8.6 and regulations thereunder that are publishing this notice to solicit The Program was approved by the applicable to a national securities comments on the proposed rule change Commission on a pilot basis running exchange, and, in particular, with the from interested persons. one-year from the date of requirements of section 6(b) of the 7 implementation. The Commission Act.12 In particular, the Exchange I. Self-Regulatory Organization’s approved the Program on July 28, 2014.8 Statement of the Terms of Substance of believes the proposed change furthers The Exchange implemented the Program the objectives of section 6(b)(5) of the the Proposed Rule Change on July 28, 2014 and the pilot period for Act,13 in that it is designed to prevent The Exchange filed a proposal to the Program was originally scheduled to fraudulent and manipulative acts and extend the pilot period for the end on July 28, 2015 until it was practices, to promote just and equitable Exchange’s Supplemental Competitive extended to end on October 28, 2015,9 Liquidity Provider Program (the later extended to January 28, 2016,10 principles of trade, to foster cooperation ‘‘Program’’), which is currently set to and, most recently, extended to April and coordination with persons engaged expire on April 28, 2016, for three 28, 2016.11 in facilitating transactions in securities, months, to expire on July 28, 2016. and to remove impediments to and Proposal To Extend the Operation of the perfect the mechanism of a free and The text of the proposed rule change Program is available at the Exchange’s Web site open market and a national market at www.batstrading.com, at the The Exchange established the system. The Exchange believes that principal office of the Exchange, and at Program in order to enhance liquidity extending the pilot period for the the Commission’s Public Reference on the Exchange in certain ETPs listed Program is consistent with these Room. on the Exchange (and thereby enhance principles because the Program is the Exchange’s ability to compete as a reasonably designed to enhance quote II. Self-Regulatory Organization’s listing venue) by providing a competition, improve liquidity in Statement of the Purpose of, and mechanism by which ETP CLPs Statutory Basis for, the Proposed Rule securities listed on the Exchange, compete for part of a daily quoting support the quality of price discovery, Change incentive on the basis of providing the promote market transparency, and most aggressive quotes with the greatest In its filing with the Commission, the increase competition for listings and amount of size. Such competition has Exchange included statements trade executions, while reducing the ability to reduce spreads, facilitate concerning the purpose of and basis for spreads and transaction costs in such the proposed rule change and discussed the price discovery process, and reduce securities. Maintaining and increasing any comments it received on the costs for investors trading in such liquidity in Exchange-listed securities proposed rule change. The text of these securities, thereby promoting capital statements may be examined at the formation and helping the Exchange to will help raise investors’ confidence in places specified in Item IV below. The compete as a listing venue. The the fairness of the market and their Exchange has prepared summaries, set Exchange believes that extending the transactions. The extension of the pilot forth in sections A, B, and C below, of pilot is appropriate because the period will allow Exchange to continue the most significant parts of such Exchange has prepared and is also to operate the Program while its statements. planning to submit a proposal to make proposal to make the Program the Program permanent. As part of this permanent is under consideration by the A. Self-Regulatory Organization’s proposal, the Exchange has also Commission. Statement of the Purpose of, and prepared a report analyzing the Statutory Basis for, the Proposed Rule Program. As such, the Exchange B. Self-Regulatory Organization’s Change believes that it is appropriate to extend Statement on Burden on Competition 1. Purpose the current operation of the Program for The Exchange does not believe that three months in order to provide enough Background the proposed rule change will impose time for the Program to continue any burden on competition that is not On August 30, 2011, the Exchange operating while such proposal is under necessary or appropriate in furtherance received approval of rules applicable to consideration by the Commission. of the purposes of the Act. The the qualification, listing and delisting of Through this filing, the Exchange seeks proposed rule change extends an securities of issuers on the Exchange.3 to extend the current pilot period of the More recently, the Exchange received Program until July 28, 2016. established pilot program for three approval to operate a pilot program that months, thus allowing the Program to is designed to incentivize certain Market 2. Statutory Basis enhance competition in both the listings Makers 4 registered with the Exchange The Exchange believes that its market and in competition for market as ETP CLPs, as defined in proposal is consistent with the makers. The Program will continue to Interpretation and Policy .03 to Rule promote competition in the listings 11.8, to enhance liquidity on the 6 See Securities Exchange Act Release No. 72692 market by providing issuers with a Exchange in certain ETPs 5 listed on the (July 28, 2014), 79 FR 44908 (August 1, 2014) (SR– vehicle for paying the Exchange BATS–2014–022) (‘‘CLP Approval Order’’). Exchange and thereby qualify to receive 7 See id at 44909. additional fees in exchange for part of a daily rebate as part of the 8 Id. incentivizing tighter spreads and deeper 9 See Securities Exchange Act Release No. 75518 liquidity in listed securities and allow 3 See Securities Exchange Act Release No. 65225 (July 24, 2015), 80 FR 45566 (July 30, 2015 (SR– the Exchange to continue to compete (August 30, 2011), 76 FR 55148 (September 6, 2011) BATS–2015–55). with similar programs at Nasdaq Stock (SR–BATS–2011–018). 10 See Securities Exchange Act Release No. 76293 4 As defined in BZX Rules, the term ‘‘Market (October 28, 2015), 80 FR 67808 (November 3, 2015) Maker’’ means a Member that acts as a market (SR–BATS–2015–96). maker pursuant to Chapter XI of BZX Rules. 11 See Securities Exchange Act Release No. 77033 12 15 U.S.C. 78f(b). 5 ETP is defined in Interpretation and Policy (February 2, 2016), 81 FR 6558 (February 8, 2016) .03(b)(4) to Rule 11.8. (SR–BATS–2016–12). 13 15 U.S.C. 78f(b)(5).
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Market LLC 14 and NYSE Arca Equities, protection of investors and the public amendments, all written statements Inc.15 interest. with respect to the proposed rule The Exchange also believes that The Exchange has asked the change that are filed with the extending the pilot program for an Commission to waive the 30-day Commission, and all written additional three months will allow the operative delay. The Exchange asserts communications relating to the Program to continue to enhance that waiver of the operative delay will proposed rule change between the competition among market participants allow the Exchange to extend the Commission and any person, other than by creating incentives for market makers Program prior to its expiration on April those that may be withheld from the to compete to make better quality 28, 2016, which will ensure that the public in accordance with the markets. By continuing to require that Program continues to operate provisions of 5 U.S.C. 552, will be market makers both meet the quoting uninterrupted while the Exchange and available for Web site viewing and requirements and also compete for the the Commission continue to analyze printing in the Commission’s Public daily financial incentives, the quality of data regarding the Program. The Reference Room, 100 F Street NE., quotes on the Exchange will continue to Commission believes that waiving the Washington, DC 20549, on official improve. This, in turn, will attract more 30-day operative delay is consistent business days between the hours of liquidity to the Exchange and further with the protection of investors and the 10:00 a.m. and 3:00 p.m. Copies of such public interest. Therefore, the improve the quality of trading in filing will also be available for Commission hereby waives the 30-day exchange-listed securities participating inspection and copying at the principal operative delay and designates the in the Program, which will also act to office of the Exchange. All comments proposed rule change to be operative bolster the Exchange’s listing business. received will be posted without change; upon filing with the Commission.19 the Commission does not edit personal C. Self-Regulatory Organization’s At any time within 60 days of the identifying information from Statement on Comments on the filing of the proposed rule change, the submissions. You should submit only Proposed Rule Change Received From Commission summarily may information that you wish to make Members, Participants or Others temporarily suspend such rule change if available publicly. All submissions it appears to the Commission that such should refer to File No. SR–BatsBZX– The Exchange has not solicited, and action is necessary or appropriate in the 2016–11 and should be submitted on or does not intend to solicit, comments on public interest, for the protection of before May 24, 2016. this proposed rule change. The investors, or otherwise in furtherance of Exchange has not received any written For the Commission, by the Division of the purposes of the Act. Trading and Markets, pursuant to delegated comments from Members or other authority.20 interested parties. IV. Solicitation of Comments Robert W. Errett, Interested persons are invited to III. Date of Effectiveness of the Deputy Secretary. submit written data, views and Proposed Rule Change and Timing for [FR Doc. 2016–10270 Filed 5–2–16; 8:45 am] Commission Action arguments concerning the foregoing, including whether the proposal is BILLING CODE 8011–01–P Because the foregoing proposed rule consistent with the Act. Comments may be submitted by any of the following change does not: (i) Significantly affect SECURITIES AND EXCHANGE methods: the protection of investors or the public COMMISSION interest; (ii) impose any significant Electronic Comments burden on competition; and (iii) become [Release No. 34–77726; File No. SR–FINRA– • operative for 30 days from the date on Use the Commission’s Internet 2016–013] which it was filed, or such shorter time comment form (http://www.sec.gov/ Self-Regulatory Organizations; as the Commission may designate, it has rules/sro.shtml); or • Financial Industry Regulatory become effective pursuant to section Send an email to rule-comments@ Authority, Inc.; Notice of Filing and 19(b)(3)(A) of the Act 16 and paragraph sec.gov. Please include File No. SR– 17 BatsBZX–2016–11 on the subject line. Immediate Effectiveness of a Proposed (f)(6) of Rule 19b–4 thereunder. Rule Change To Delay Implementation A proposed rule change filed under Paper Comments of FINRA Rule 2242 (Debt Research Rule 19b–4(f)(6) normally does not • Send paper comments in triplicate Analysts and Debt Research Reports) become operative before 30 days from to Secretary, Securities and Exchange the date of the filing. However, pursuant Commission, 100 F Street NE., April 27, 2016. to Rule 19b–4(f)(6)(iii),18 the Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Commission may designate a shorter All submissions should refer to File No. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 time if such action is consistent with the SR–BatsBZX–2016–11. This file number notice is hereby given that on April 20, should be included on the subject line 14 2016, Financial Industry Regulatory See Securities Exchange Act Release No. 69195 if email is used. To help the Authority, Inc. (‘‘FINRA’’) filed with the (March 20, 2013), 78 FR 18393 (March 26, 2013) Commission process and review your (SR–NASDAQ–2012–137). Securities and Exchange Commission 15 See Securities Exchange Act Release No. 69335 comments more efficiently, please use (‘‘SEC’’ or ‘‘Commission’’) the proposed (April 5, 2013), 78 FR 35340 (June 12, 2013) (SR– only one method. The Commission will rule change as described in Items I and NYSEARCA–2013–34). post all comments on the Commission’s II below, which Items have been 16 15 U.S.C. 78s(b)(3)(A). Internet Web site (http://www.sec.gov/ 17 prepared by FINRA. FINRA has 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– rules/sro.shtml). Copies of the 4(f)(6) requires a self-regulatory organization to give designated the proposed rule change as the Commission written notice of its intent to file submission, all subsequent constituting a ‘‘non-controversial’’ rule the proposed rule change at least five business days change under paragraph (f)(6) of Rule prior to the date of filing of the proposed rule 19 For purposes only of waiving the operative change, or such shorter time as designated by the delay for this proposal, the Commission has Commission. The Exchange has satisfied this considered the proposed rule’s impact on 20 17 CFR 200.30–3(a)(12). requirement. efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 18 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.
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19b–4 under the Act,3 which renders approved by the Commission on July 16, burden on competition that is not the proposal effective upon receipt of 2015.6 necessary or appropriate in furtherance this filing by the Commission. The Pursuant to proposed rule change SR– of the purposes of the Act. The Commission is publishing this notice to FINRA–2014–048, FINRA proposed to proposed delay in implementation of solicit comments on the proposed rule announce the effective date of the Rule 2242 will reduce the burden on change from interested persons. proposed rule change in a Regulatory members by allowing additional time to Notice to be published no later than 60 implement the requirements of the Rule. I. Self-Regulatory Organization’s days following Commission approval. C. Self-Regulatory Organization’s Statement of the Terms of the Substance FINRA further stated that the effective of the Proposed Rule Change Statement on Comments on the date will be no later than 180 days Proposed Rule Change Received From following publication of the Regulatory FINRA is proposing to delay Members, Participants, or Others Notice announcing Commission implementation of FINRA Rule 2242 approval. FINRA announced an Written comments were neither (Debt Research Analysts and Debt effective date of February 22, 2016 in a solicited nor received. Research Reports) until July 16, 2016. Regulatory Notice published on August III. Date of Effectiveness of the The proposed rule change would not 26, 2015.7 In response to industry make any other changes to FINRA rules. Proposed Rule Change and Timing for questions regarding implementation of Commission Action The text of the proposed rule change the requirements of Rule 2242, FINRA is available on FINRA’s Web site at delayed implementation of Rule 2242 Because the foregoing proposed rule http://www.finra.org, at the principal until April 22, 2016.8 change does not: (i) Significantly affect office of FINRA and at the FINRA continues to receive questions the protection of investors or the public Commission’s Public Reference Room. regarding implementation of the interest; (ii) impose any significant requirements of Rule 2242. Therefore, to burden on competition; and (iii) become II. Self-Regulatory Organization’s give members additional time to operative for 30 days from the date on Statement of the Purpose of, and implement the requirements of Rule which it was filed, or such shorter time Statutory Basis for, the Proposed Rule 2242, FINRA believes that it is as the Commission may designate, it has Change appropriate to extend the become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 10 and In its filing with the Commission, implementation date and is proposing to delay implementation of Rule 2242 until subparagraph (f)(6) of Rule 19b–4 FINRA included statements concerning 11 July 16, 2016. thereunder. the purpose of and basis for the 12 FINRA has filed the proposed rule Under Rule 19b–4(f)(6) of the Act, proposed rule change and discussed any change for immediate effectiveness and the proposal does not become operative comments it received on the proposed has requested that the Commission for 30 days after the date of its filing, or rule change. The text of these statements waive the requirement that the proposed such shorter time as the Commission may be examined at the places specified rule change not become operative for 30 may designate if consistent with the in Item IV below. FINRA has prepared days after the date of the filing. protection of investors and the public summaries, set forth in sections A, B, interest. FINRA has requested that the and C below, of the most significant 2. Statutory Basis Commission waive the 30-day operative aspects of such statements. FINRA believes that the proposed rule delay so that the proposed rule change will become operative on filing. FINRA A. Self-Regulatory Organization’s change is consistent with the provisions 9 stated that its members continue to Statement of the Purpose of, and of Section 15A(b)(6) of the Act, which requires, among other things, that submit questions regarding Statutory Basis for, the Proposed Rule implementation of Rule 2242 and it Change FINRA rules must be designed to prevent fraudulent and manipulative would like to respond to the industry’s 1. Purpose acts and practices, to promote just and questions before the Rule is equitable principles of trade, and, in implemented. For these reasons, the On November 14, 2014, FINRA filed general, to protect investors and the Commission believes that waiver of the proposed rule change SR–FINRA–2014– public interest. FINRA believes the 30-day operative delay is consistent 048 to adopt new FINRA Rule 2242 proposed rule change is consistent with with the protection of investors and the (Debt Research Analysts and Debt the Act in that it provides members public interest. Therefore, the Research Reports) to address conflicts of additional time to implement the Commission designates the proposed interest relating to the publication and requirements of Rule 2242, which rule change to be operative upon distribution of debt research reports.4 addresses conflicts of interest relating to filing.13 On February 19, 2015, FINRA filed the publication and distribution of debt At any time within 60 days of the Amendment No. 1 responding to the research reports. filing of the proposed rule change, the comments received to the proposal as Commission summarily may well as to propose amendments in B. Self-Regulatory Organization’s temporarily suspend such rule change if response to these comments.5 The Statement on Burden on Competition it appears to the Commission that such proposed rule change, as modified by FINRA does not believe that the action is: (i) Necessary or appropriate in Amendment No. 1 thereto, was proposed rule change will result in any the public interest; (ii) for the protection of investors; or (iii) otherwise in 3 17 CFR 240.19b–4(f)(6). 6 See Securities Exchange Act Release No. 75472 4 See Securities Exchange Act Release No. 73623 (July 16, 2015), 80 FR 43528 (July 22, 2015) (Order 10 15 U.S.C. 78s(b)(3)(A)(iii). (November 18, 2014), 79 FR 69905 (November 24, Approving File No. SR–FINRA–2014–048). 11 17 CFR 240.19b–4(f)(6). 2014) (Notice of Filing File No. SR–FINRA–2014– 7 See Regulatory Notice 15–31 (August 2015). 12 Id. 048). 8 See Securities Exchange Act Release No. 77158 13 For purposes only of waiving the 30-day 5 See Securities Exchange Act Release No. 74490 (February 17, 2016), 81 FR 9065 (February 23, 2016) operative delay, the Commission also has (March 12, 2015), 80 FR 14198 (March 18, 2015) (Notice of Filing and Immediate Effectiveness of considered the proposed rule’s impact on (Notice of Filing Amendment No. 1 to File No. SR– File No. SR–FINRA–2016–008). efficiency, competition, and capital formation. See FINRA–2014–048). 9 15 U.S.C. 78o–3(b)(6). 15 U.S.C. 78c(f).
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furtherance of the purposes of the Act. For the Commission, by the Division of Brent Oil Spot Fund; (6) AccuShares If the Commission takes such action, the Trading and Markets, pursuant to delegated S&P GSCI® Natural Gas Spot Fund; and 14 Commission shall institute proceedings authority. (7) AccuShares Spot CBOE® VIX® Fund to determine whether the proposed rule Robert W. Errett, (‘‘VIX Fund,’’ and collectively, should be approved or disapproved. Deputy Secretary. ‘‘AccuShares Funds’’).5 [FR Doc. 2016–10273 Filed 5–2–16; 8:45 am] NASDAQ Rule 5713(c) defines a IV. Solicitation of Comments BILLING CODE 8011–01–P Paired Class Share as a security: (1) That Interested persons are invited to is issued by a trust on behalf of a submit written data, views, and segregated series (‘‘Fund’’), as part of a arguments concerning the foregoing, SECURITIES AND EXCHANGE pair of shares of opposing classes whose including whether the proposed rule COMMISSION respective underlying values move in change is consistent with the Act. [Release No. 34–77722; File No. SR– opposite directions as the value of the Comments may be submitted by any of NASDAQ–2016–034] Fund’s ‘‘Underlying Benchmark’’ 6 the following methods: varies from its starting level, where (a) Self-Regulatory Organizations; The one constituent of the pair is positively Electronic Comments NASDAQ Stock Market LLC; Order linked to the Fund’s Underlying • Use the Commission’s Internet Granting Approval of a Proposed Rule Benchmark (‘‘Up Shares’’), and (b) the comment form (http://www.sec.gov/ Change Regarding Monthly other constituent is inversely linked to rules/sro.shtml); or Distributions, Excess Returns, and the Fund’s Underlying Benchmark Share Index Factors of Certain (‘‘Down Shares’’); (2) that is issued in • Send an email to rule-comments@ ® AccuShares Trust I Funds exchange for cash; (3) the issuance sec.gov. Please include File Number SR– proceeds of which are invested and FINRA–2016–013 on the subject line. April 27, 2016. reinvested in highly rated, short-term On March 2, 2016, The NASDAQ Paper Comments financial instruments that mature Stock Market LLC (‘‘NASDAQ’’ or within 90 calendar days and that serve • ‘‘Exchange’’) filed with the Securities Send paper comments in triplicate the functions of (a) covering the Fund’s and Exchange Commission to Secretary, Securities and Exchange expenses, (b) providing income (‘‘Commission’’), pursuant to Section Commission, 100 F Street NE., distributions to investors, based on 19(b)(1) of the Securities Exchange Act Washington, DC 20549–1090. income (after expenses) from the of 1934 (‘‘Act’’) 1 and Rule 19b–4 All submissions should refer to File financial instruments held by the Fund, thereunder,2 a proposed rule change to Number SR–FINRA–2016–013. This file (c) providing cash proceeds for regular modify specific listing requirements number should be included on the and special distributions to be made in applicable to shares of certain funds subject line if email is used. To help the ® cash in lieu of Paired Class Shares, and issued by AccuShares Trust I Commission process and review your (d) providing cash proceeds to be paid (‘‘AccuShares Trust’’). The proposed comments more efficiently, please use upon the redemption of Paired Class rule change was published for comment only one method. The Commission will Shares; (4) that represents a beneficial in the Federal Register on March 17, post all comments on the Commission’s interest in the Fund; (5) the value of 2016.3 The Commission received two Internet Web site (http://www.sec.gov/ which is determined by the underlying comments on the proposed rule rules/sro.shtml). Copies of the value of the Fund that is attributable to change.4 This order grants approval of submission, all subsequent the class of which such security is a the proposed rule change. amendments, all written statements part, which security underlying value with respect to the proposed rule I. Background will either (a) increase as a result of an change that are filed with the On February 18, 2015, the increase in the Underlying Benchmark Commission, and all written Commission approved an Exchange and decrease as a result of a decrease in communications relating to the proposal to adopt NASDAQ Rule 5713, the Underlying Benchmark (in the case proposed rule change between the which governs the listing and trading of of an Up Share), or (b) increase as a Commission and any person, other than Paired Class Shares, and to list and result of a decrease in the Underlying those that may be withheld from the trade shares of the following seven Benchmark and decrease as the result of public in accordance with the funds issued by the AccuShares Trust an increase in the Underlying provisions of 5 U.S.C. 552, will be pursuant to NASDAQ Rule 5713: (1) Benchmark (in the case of a Down available for Web site viewing and AccuShares S&P GSCI® Spot Fund; (2) Share); (6) that, when timely aggregated printing in the Commission’s Public AccuShares S&P GSCI® Agriculture and in a specified minimum number or Reference Room, 100 F Street NE., Livestock Spot Fund; (3) AccuShares amount of securities, along with an Washington, DC 20549 on official S&P GSCI® Industrial Metals Spot Fund; equal number or amount of the business days between the hours of (4) AccuShares S&P GSCI® Crude Oil securities of the opposite class that 10:00 a.m. and 3:00 p.m. Copies of such Spot Fund; (5) AccuShares S&P GSCI® constitute the other part of the pair, may filing also will be available for be redeemed for a distribution of cash inspection and copying at the principal 14 17 CFR 200.30–3(a)(12). on specified dates by authorized parties; office of FINRA. All comments received 1 15 U.S.C. 78s(b)(1). and (7) that may be subject to will be posted without change; the 2 17 CFR 240.19b–4. Commission does not edit personal 3 See Securities Exchange Act Release No. 77353 5 See Securities Exchange Act Release No. 74299 identifying information from (Mar. 11, 2016), 81 FR 14489 (‘‘Notice’’). (Feb. 18, 2015), 80 FR 9778 (Feb. 24, 2015) (SR– 4 In a comment letter dated March 27, 2016, an NASDAQ–2014–065). The Exchange states that submissions. You should submit only anonymous commenter stated: ‘‘Good.’’ In another currently only shares of the VIX Fund are listed and information that you wish to make comment letter dated March 27, 2016, Dan trading. See Notice, supra note 3, 81 FR at 14489 available publicly. All submissions Schumann stated: ‘‘Please do NOT change any rules n.4. should refer to File Number SR–FINRA– that would limit-stop-prevent the trading of ETF’s 6 An ‘‘Underlying Benchmark’’ is an index or [sic].’’ All comments on the proposal are available other numerical variable whose value reflects the 2016–013, and should be submitted on at: http://www.sec.gov/comments/sr-nasdaq-2016– value of assets, prices, price volatility, or other or before May 24, 2016. 034/nasdaq2016034.shtml. economic interests. See NASDAQ Rule 5713(e).
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mandatory redemption of all Paired Benchmarks, as follows: (1) For the III. Discussion and Commission Class Shares under specified AccuShares S&P® GSCI® Crude Oil Spot Findings circumstances. Fund, the Exchange proposes to change After careful consideration, the The custodian of an Accushares Fund this fund’s Underlying Benchmark from Commission finds that the proposed uses a mathematical formula to the ‘‘S&P GSCI Crude Oil Spot Index’’ rule change is consistent with the calculate the liquidation value to the ‘‘S&P GSCI Crude Oil Excess requirements of the Act and the rules attributable to each of its classes of Return Index;’’ 10 and (2) for the ® ® and regulations thereunder applicable to Paired Class Shares (‘‘Class Value’’) and AccuShares S&P GSCI Natural Gas a national securities exchange.13 In to each share of each class (‘‘Class Value Spot Fund, the Exchange proposes to particular, and as discussed further per Share’’) at the end of each Regular change this fund’s Underlying below, the Commission finds that the Market Session. The Class Value per Benchmark from the ‘‘S&P GSCI Natural proposed rule change is consistent with Share of each Accushares Fund’s Up Gas Spot Index’’ to the ‘‘S&P GSCI the requirements of Section 6(b)(5) of Shares will have a fixed one-to-one Natural Gas Excess Return Index.’’ 11 the Act,14 which requires, among other positive linear relationship with the According to the Exchange, both the things, that the Exchange’s rules be fund’s Underlying Benchmark (‘‘Up spot and the excess return variants of designed to promote just and equitable Share Index Factor’’), and the Class each respective Underlying Benchmark principles of trade; to foster cooperation Value per Share of each fund’s Down are computed from the same underlying and coordination with persons engaged Shares will have a fixed one-to-one futures contracts at the same point in in regulating, clearing, settling, inverse linear relationship with the time. The difference between the two processing information with respect to, fund’s Underlying Benchmark (‘‘Down variants occurs only on 5 trading days: and facilitating transactions in Share Index Factor,’’ and together with The 5th through the 9th trading days of securities; to remove impediments to the Up Share Index Factor, collectively, each month (‘‘five-day period’’). During and perfect the mechanism of a free and ‘‘Share Index Factors’’). The Down the five-day period, each Underlying open market and a national market Share Index Factor will equal negative Benchmark, whether monthly return or system; and, in general, to protect one times the Up Share Index Factor. excess return, moves its reference from investors and the public interest.15 Share Index Factors are used to the front-month expiry contract to the With respect to the proposed changes determine the Class Value and Class next following contract (that is, the to the frequency of monthly Value Per Share of each Accushares futures contract for the next consecutive distributions for the Distribution Funds, 7 Fund. expiry month) in five equal installments the Commission believes that the The sponsor of an Accushares Fund of 20% per day to capture the cost or the proposed changes are reasonably establishes an Accushares Fund’s Share benefit from rolling the nearby front- designed to: (1) Allow investors to Index Factors at the inception of the month expiry contract into the next realize and reallocate gains from the fund’s operation, and, after any regular following expiry contract. In the excess Distribution Funds more frequently; and or special distribution, the fund resets return variant, the cost or benefit of (2) appropriately align the changes in its Share Index Factors. For the VIX transacting out of the current or front- the Class Values per Share of both the Fund, regular distributions are on the month expiry contract and into the next Up Shares and the Down Shares with 15th of every month. or following futures contract is added to changes in the corresponding Underlying Benchmark values. The II. Summary of the Proposed Rule (or subtracted from) the index value. In Commission believes that these more- Change contrast, in the spot variant, this cost or benefit is not added to (or subtracted frequent regular distributions may In this proposal, NASDAQ proposes from) the index value, and therefore improve both trading in, and hedging of, the following changes applicable to the gives rise to the need for anticipatory the shares, because monthly listing and trading of shares of certain hedging that is market makers and distributions and the corresponding AccuShares Funds. authorized participants expect to result monthly Share Index Factor resets A. Frequency of Regular Distributions 8 in increased bid/offer spreads. would more closely align these funds with the most liquid monthly futures With respect to the listing C. Changes to the VIX Fund 12 contracts. The Commission notes that, ® requirements for the AccuShares S&P in support of this proposed change, the ® GSCI Industrial Metals Spot Fund, The Exchange proposes, with respect Exchange makes the following ® ® AccuShares S&P GSCI Crude Oil Spot to the VIX Fund, that: (1) The Share representations: (1) In each instance of ® ® Fund, and AccuShares S&P GSCI Index Factors be reset each Tuesday (as a distribution, the sponsor will continue Brent Oil Spot Fund (collectively, well as after regular and special to post a notice of the event and its ‘‘Distribution Funds’’), the Exchange distributions); and (2) the regular details on the sponsor’s Web site proposes to change the frequency of distributions be made on the third (www.AccuShares.com); and (2) each regular distributions from quarterly to Tuesday of every month (rather than on Accushares Fund engaging in a regular monthly. the 15th of every month) so that each monthly distribution date and the end 13 B. Changes to the Underlying In approving this proposed rule change, the of each monthly measuring period Commission notes that it has considered the 9 Benchmark coincide with a Share Index Factor proposed rule’s impact on efficiency, competition, With respect to the listing reset. and capital formation. See 15 U.S.C. 78c(f). requirements for the AccuShares S&P® 14 15 U.S.C. 78f(b)(5). ® 15 The Commission notes that, other than the GSCI Crude Oil Spot Fund and the 10 As a result of the proposed change to the ® ® changes described herein, all of the representations AccuShares S&P GSCI Natural Gas Underlying Benchmark, the Exchange also proposes in support of the Prior Order remain unchanged. to change the name of this fund to ‘‘AccuShares See Notice, supra note 3, 81 FR at 14493 (noting Spot Fund, the Exchange proposes to ® ® change the respective Underlying S&P GSCI Crude Oil Excess Return Fund.’’ that, other than the three proposed changes, the 11 As a result of the proposed change to the ‘‘representations made in the original AccuShares Underlying Benchmark, the Exchange also proposes Order and AccuShares Proposal remain 7 See Notice, supra note 3, 81 FR at 14491. to change the name of this fund to ‘‘AccuShares unchanged’’). See supra note 5; see also Notice, 8 See id., 81 FR at 14491–92. S&P® GSCI® Natural Gas Excess Return Fund.’’ supra note 3, 81 FR at 14489 n.4 (citing to the 9 See id., 81 FR at 14492–93. 12 See id., 81 FR at 14493. AccuShares Order and AccuShares Proposal).
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distribution (or, a special distribution, changes is expected to bring the share issuers to provide disclosures regarding corrective distribution, or net income trading prices closer aligned with the the source and chain of custody of distribution) will continue to provide at corresponding share Class Values, certain minerals used in their products. least three business days’ advance which are tied directly to changes in The information provided is mandatory notice (or longer advance notice as may spot VIX values. and all information is made available to be required by the Exchange) 16 of such The Commission notes that it received the public upon request. We estimate an event, as currently required.17 two comments regarding the proposed that Form SD takes approximately With respect to the proposed changes rule change: one comment supporting 480.61 hours per response to prepare to the Underlying Benchmarks for the the proposal; and another comment and is filed by approximately 864 ® ® AccuShares S&P GSCI Crude Oil Spot addressing exchange-traded funds issuers. We estimate that 75% of the ® ® Fund and the AccuShares S&P GSCI generally. The Commission notes that 480.61 hours per response (360.46 Natural Gas Spot Fund, the Commission the issue raised by the latter comment hours) is prepared by the issuer agrees that the excess return variant— does not squarely address the Paired internally for a total annual burden of which, in contrast to the spot variant, Class Shares, which are the subject of 311,437 hours (360.46 hours per captures the cost or benefit of this proposed rule change.20 response × 864 responses). transacting out of the current or front- For the foregoing reasons, the An agency may not conduct or month expiry contract and into the next Commission finds that the proposed sponsor, and a person is not required to or following futures contract—is not a rule change is consistent with Section respond to, a collection of information novel or unique index variant and is one 6(b)(5) of the Act 21 and the rules and unless it displays a currently valid that is employed by other types of regulations thereunder applicable to a control number. exchange-traded products.18 The national securities exchange. The public may view the background Commission believes that the proposed documentation for this information IV. Conclusion changes to the Underlying Benchmarks collection at the following Web site, for the AccuShares S&P® GSCI® Crude It is therefore ordered, pursuant to www.reginfo.gov. Comments should be Oil Spot Fund and the AccuShares Section 19(b)(2) of the Act, that the directed to: (i) Desk Officer for the ® ® S&P GSCI Natural Gas Spot Fund are proposed rule change (SR–NASDAQ– Securities and Exchange Commission, reasonable because the excess return 2016–034) be, and it hereby is, Office of Information and Regulatory variant for these Underlying approved. Affairs, Office of Management and Benchmarks, which contains the cost or For the Commission, by the Division of Budget, Room 10102, New Executive benefit of the roll forward, is reasonably Trading and Markets, pursuant to delegated Office Building, Washington, DC 20503, designed to permit more efficient authority.22 or by sending an email to: Shagufta_ hedging with conventional futures Robert W. Errett, [email protected]; and (ii) Pamela 19 contracts. Deputy Secretary. Dyson, Director/Chief Information With respect to the proposal to reset [FR Doc. 2016–10271 Filed 5–2–16; 8:45 am] Officer, Securities and Exchange the Share Index Factors of the VIX Fund BILLING CODE 8011–01–P Commission, c/o Remi Pavlik-Simon, more frequently (i.e., weekly), the 100 F Street NE., Washington, DC 20549 Commission believes that more frequent or send an email to: PRA_Mailbox@ resets of the Share Index Factors for the SECURITIES AND EXCHANGE sec.gov. Comments must be submitted to VIX Fund are reasonably designed to COMMISSION OMB within 30 days of this notice. benefit market participants that trade shares of the VIX Fund because the Submission for OMB Review; Dated: April 27, 2016. increased frequency may improve the Comment Request Robert W. Errett, arbitrage function of the shares by Deputy Secretary. aligning the setting of the Share Index Upon Written Request Copies Available [FR Doc. 2016–10267 Filed 5–2–16; 8:45 am] Factors with the expiry of each weekly From: Securities and Exchange BILLING CODE 8011–01–P VIX futures contract, and because the Commission, Office of FOIA Services, Share Index Factor will reset with a 100 F Street NE., Washington, DC frequency closer to the daily 20549–2736. SECURITIES AND EXCHANGE measurements of spot VIX. The changes Extension: COMMISSION Form SD, SEC File No. 270–647, OMB to the VIX Fund support the prospect of [File No. 500–1] improved and simplified arbitrage and Control No. 3235–0697. hedging of VIX Fund shares because the Notice is hereby given that, pursuant Order of Suspension of Trading; In the settlement of the shorter VIX futures to the Paperwork Reduction Act of 1995 Matter of Pioneer Exploration, Inc., will coincide with each Share Index (44 U.S.C. 3501 et seq.), the Securities Premier Brands, Inc., and Private Factor reset. In addition, the potentially and Exchange Commission Media Group, Inc. improved hedgeability of the VIX Fund (‘‘Commission’’) has submitted to the shares as a result of the proposed Office of Management and Budget this April 29, 2016. request for extension of the previously It appears to the Securities and 16 The Exchange may determine that longer notice approved collection of information Exchange Commission that there is a is advisable in some circumstances (e.g., an discussed below. lack of current and accurate information extended market break). concerning the securities of Pioneer 17 Form SD (17 CFR 249b–400) under See Notice, supra note 3, 81 FR at 14492. Exploration, Inc. (CIK No. 1364123), a 18 See id., 81 FR at 14492 n.25 and accompanying Securities Exchange Act of 1934 (15 text. U.S.C. 78a et seq.) (‘‘Exchange Act’’) revoked Nevada corporation with its 19 The Exchange represents that the excess return pursuant to Section 13(p)(15 U.S.C. principal place of business listed as variant is an index variant that (1) has been used 78m(p)) of the Exchange Act is filed by Newport Beach, California, with stock by and is familiar to market makers and other quoted on OTC Link (previously, ‘‘Pink market participants; and (2) is directly hedgeable with conventional futures contracts, which contain 20 See supra note 4. Sheets’’) operated by OTC Markets the cost or benefit of the roll forward. See id., 81 21 15 U.S.C. 78f(b)(5). Group Inc. (‘‘OTC Link’’) under the FR at 14492. 22 17 CFR 200.30–3(a)(12). ticker symbol PIEX, because it has not
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filed any periodic reports since the By the Commission. of the most significant parts of such period ended May 31, 2013. On August Brent J. Fields, statements. 19, 2015, a delinquency letter was sent Secretary. A. Self-Regulatory Organization’s by the Division of Corporation Finance [FR Doc. 2016–10407 Filed 4–29–16; 11:15 am] Statement of the Purpose of, and the to Pioneer Exploration requesting BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule compliance with its periodic filing Change obligations, but it did not receive the delinquency letter due to its failure to SECURITIES AND EXCHANGE 1. Purpose maintain a valid address on file with the COMMISSION The Exchange proposes to amend the Commission as required by Commission [Release No. 34–77734; File No. SR– definition of ‘‘block’’ for purposes of rules (Rule 301 of Regulation S–T, 17 NYSEMKT–2016–49] Rule 72(d)—Equities and the size of a CFR 232.301 and Section 5.4 of EDGAR proposed cross transaction eligible for Filer Manual). Self-Regulatory Organizations; NYSE the Cross Function in Rule 76—Equities. It appears to the Securities and MKT LLC; Notice of Filing of Proposed Under Rule 72(d)—Equities, when a Exchange Commission that there is a Rule Change Amending the Definition member 4 has an order to buy and an lack of current and accurate information of ‘‘Block’’ for Purposes of Rule order to sell an equivalent amount of the concerning the securities of Premier 72(d)—Equities and the Size of a same security, and both orders are Brands, Inc. (CIK No. 1502777), a Proposed Cross Transaction Eligible ‘‘block’’ orders, the member may cross Wyoming corporation with its principal for the Cross Function in Rule 76— those orders at a price at or within the place of business listed as Bonita, Equities Exchange best bid or offer and does not California, with stock quoted on OTC have to break up the cross transaction to April 27, 2016. Link under the ticker symbol BRND, trade with any bids or offers previously Pursuant to Section 19(b)(1) 1 of the because it has not filed any periodic displayed at the Exchange best bid or Securities Exchange Act of 1934 (the reports since the period ended May 31, offer, including any interest with ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 2013. On August 19, 2015, a priority. For purposes of Rule 72(d)— notice is hereby given that, on April 22, delinquency letter was sent by the Equities, a ‘‘block’’ is at least 10,000 2016, NYSE MKT LLC (the ‘‘Exchange’’ Division of Corporation Finance to shares or a quantity of stock having a or ‘‘NYSE MKT’’) filed with the Premier Brands, Inc. requesting market value of $200,000 or more, Securities and Exchange Commission compliance with its periodic filing whichever is less. (the ‘‘Commission’’) the proposed rule obligations, and Premier Brands, Inc. Further, Rule 76—Equities governs change as described in Items I and II, received the delinquency letter on the execution of ‘‘cross’’ or ‘‘crossing’’ below, which Items have been prepared August 22, 2015, but failed to cure its orders by Floor Brokers. Rule 76— by the self-regulatory organization. The delinquencies. Equities applies only to manual Commission is publishing this notice to transactions executed at the point of It appears to the Securities and solicit comments on the proposed rule sale on the trading floor and provides Exchange Commission that there is a change from interested persons. lack of current and accurate information that when a member has an order to buy concerning the securities of Private I. Self-Regulatory Organization’s and an order to sell the same security Media Group, Inc. (CIK No. 1068084), a Statement of the Terms of Substance of that can be crossed at the same price, Nevada corporation with its principal the Proposed Rule Change the member is required to announce to place of business listed as Barcelona, The Exchange proposes to amend the the trading crowd the proposed cross by Spain, with stock quoted on OTC Link definition of ‘‘block’’ for purposes of offering the security at a price that is under the ticker symbol PRVT, because Rule 72(d)—Equities and the size of a higher than his or her bid by a it has not filed any periodic reports proposed cross transaction eligible for minimum variation permitted in the since the period ended June 30, 2013. the Cross Function in Rule 76—Equities. security before crossing the orders. Any On August 18, 2015, a delinquency The proposed rule change is available other member, including the DMM, can letter was sent by the Division of on the Exchange’s Web site at break up the announced bid and offer by Corporation Finance to Private Media www.nyse.com, at the principal office of trading with either side of the proposed Group, Inc. requesting compliance with the Exchange, and at the Commission’s cross transaction. Supplementary [sic] its periodic filing obligations, but it did Public Reference Room. .10 to Rule 76—Equities provides for a not receive the delinquency letter due to ‘‘Cross Function’’ that Floor brokers II. Self-Regulatory Organization’s its failure to maintain a valid address on may use to monitor compliance with Statement of the Purpose of, and file with the Commission as required by Rule 611 of Regulation NMS. To be Statutory Basis for, the Proposed Rule Commission rules (Rule 301 of eligible for this Cross Function, the Change Regulation S–T, 17 CFR 232.301 and proposed cross transaction must be for Section 5.4 of EDGAR Filer Manual). In its filing with the Commission, the at least 10,000 shares or a quantity of stock having a market value of $200,000 The Commission is of the opinion that self-regulatory organization included statements concerning the purpose of, or more. the public interest and the protection of The Exchange proposes to amend the investors require a suspension of trading and basis for, the proposed rule change and discussed any comments it received permissible size of a crossing in the securities of the above-listed transaction permitted under Rule companies. on the proposed rule change. The text of those statements may be examined at 72(d)—Equities and Supplementary Therefore, it is ordered, pursuant to the places specified in Item IV below. Material .10 to Rule 76—Equities to be Section 12(k) of the Securities Exchange The Exchange has prepared summaries, Act of 1934, that trading in the set forth in sections A, B, and C below, 4 The reference to ‘‘member’’ in Rule 72(d)— securities of the above-listed companies Equities and this rule proposal means only Floor Broker members. Designated Market Makers is suspended for the period from 9:30 1 15 U.S.C. 78s(b)(1). (‘‘DMMs’’), while members of the Exchange, do not a.m. EDT on April 29, 2016, through 2 15 U.S.C. 78a. have any agency relationships, and are therefore not 11:59 p.m. EDT on May 12, 2016. 3 17 CFR 240.19b–4. able to effect this type of transaction.
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at least 5,000 shares or a quantity of a modified definition of ‘‘block size’’ Exchange that is currently trading on stock having a market value of $100,000 such that an order of at least 5,000 less transparent venues that contribute or more, whichever is less. The shares or with a market value of at least less to price discovery and price Exchange’s proposed definition of block $100,000 would be considered a block competition than executions and quotes size would more closely align with how size for purposes the Tick Size Pilot. In that occur on lit markets. Such new a block-sized transaction is defined in approving the Tick Size Pilot, the order flow will further enhance the other SEC rules and other exchanges’ Commission noted that among all NMS depth and liquidity on the Exchange, 5 rules. For example, SEC Rule 10b–18 securities, trades with at least 10,000 which supports just and equitable (Purchases of certain equity securities shares or with a market value of at least principles of trade. Specifically, as by the issuer and others) includes in the $200,000 constitute just 0.24 percent of required under Rule 76—Equities, any definition of a block a quantity of stock all trades, 13.04 percent of traded share proposed crossing transaction, that is at least 5,000 shares and has a volume and 16.27 percent of traded including a transaction using the Cross purchase price of at least $50,000.6 dollar volume.10 The Exchange believes Function or a cross that meets the Additionally, Financial Industry modifying the definition of a block requirements of Rule 72(d)—Equities, Regulatory Authority, Inc. (‘‘FINRA’’) order in its rules would likely result in defines a block-sized order as being a greater number of large size orders must be announced in the Crowd before 10,000 shares or more, unless such being executed on the Exchange. trading, thus providing an opportunity orders are less than $100,000 in value.7 The Exchange believes the proposed for other market participants, including The CBOE Stock Exchange (‘‘CBSX’’) rule change would promote increased other Floor brokers or the designated Rule 52.11 also permits a cross of two trading by institutions as they are most market maker, to participate in the orders so long as the crossing frequent participants of block-sized proposed crossing transaction. By transaction is of at least 5,000 shares trading on the Exchange. If an reducing the size of a block transaction, and is for a principal amount of at least institution is able to execute in larger the Exchange believes that additional $100,000.8 More recently, in approving sizes, the contra party to the execution order flow may be routed to Floor the National Market System Plan to is less likely to be a participant that brokers and thus be subject to such Implement a Tick Size Pilot Program reacts to short term changes in the stock exposure requirements on the Trading (‘‘Tick Size Pilot’’),9 the SEC approved price and as such the price impact to the Floor. stock could be less acute when larger 5 For purposes of Regulation NMS, a ‘‘block size’’ The Exchange believes that modifying individual executions are obtained by the definition of block orders to lower with respect to an order means it is: (i) Of at least the institution.11 As a consequence of 10,000 shares or (ii) for a quantity of stock having the thresholds would be consistent with this concern, large size orders are often a market value of at least $200,000. See 17 CFR the public interest and the protection of 242.600(a)(9). The term ‘‘block size’’ is used in executed away from the Exchange in investors because the Exchange is Regulation NMS in the definition of an OTC Market dark pools or via broker-dealer Marker, 17 CFR 242.600(a)(52), and in an exception internalization. proposing to align the definition of to specialists’ and OTC Market Makers’ obligation block orders to current SEC and other to display customer limit orders, 17 CFR 242.604(b)(4). The definition of ‘‘block size’’ in 2. Statutory Basis exchange rules which the Exchange Regulation NMS is the same as the Exchange’s The Exchange believes that the expects will result in increased current definition of ‘‘block’’ for purposes of Rule participation of large-sized orders on the 72(d)—Equities and the size of a proposed cross proposed rule change is consistent with 12 transaction eligible for the Cross Function in Rule Section 6(b) of the Act, in general, and Exchange. 76—Equities. The Exchange’s proposal to change its furthers the objectives of Section 6(b)(5) B. Self-Regulatory Organization’s rules does not change the definition of ‘‘block size’’ of the Act,13 in particular, because it is as used in Regulation NMS. designed to prevent fraudulent and Statement on Burden on Competition 6 See 17 CFR 240.10b–18(a)(5)(ii). 7 See FINRA Rule 5320, Supplementary Material manipulative acts and practices, The Exchange does not believe that .01. promote just and equitable principles of the proposed rule change will impose 8 See CBSX Rule 52.11 Facilitation of Orders and trade, remove impediments to and any burden on competition that is not Crossing Trades, Chapter LII—Trading Rules and perfect the mechanism of a free and necessary or appropriate in furtherance Processing of Orders. In September 2006, the open market and a national market Commission approved rules governing the trading of the purposes of the Act. Specifically, system, and protect investors and the of non-option securities traded on the Chicago the proposed change will align the public interest. Board Options Exchange, Inc. (‘‘CBOE’’), including definition of a ‘‘block’’ with current SEC CBSX Rule 52.11. See Securities Exchange Act The Exchange believes that the Release No. 54422 (September 11, 2006), 71 FR proposed rule change would remove and other exchange rules, thereby 54537 (September 15, 2006) (Approving SR–CBOE– impediments to and perfect the promoting its competitiveness with dark 2004–21). The Commission also approved pools where such large-sized orders modifications to CBOE’s non-option trading rules to mechanism of a free and open market conform those rules to aspects of Regulation NMS. and a national market system because it currently trade in more frequency than See Securities Exchange Act Release No. 54526 would attract more order flow to the on lit markets. As a consequence, the (September 27, 2006), 71 FR 58646 (October 4, proposed change will promote 2006) (Approving SR–CBOE–2006–70). Although CBSX has ceased trading operations, the CBSX rules 10 See Tick Size Approval Order at 27541. competition among the many trading are incorporated into the rules of the CBOE. 11 The Commission has long recognized this venues, which, in turn, will decrease 9 See Securities Exchange Act Release No. 34– concern: ‘‘Another type of implicit transaction cost the burden on competition. 74892 (May 6, 2015), 80 FR 27514 (May 13, 2015) reflected in the price of a security is short-term File No. 4–657 (Order Approving the National price volatility caused by temporary imbalances in C. Self-Regulatory Organization’s trading interest. For example, a significant implicit Market System Plan To Implement a Tick Size Pilot Statement on Comments on the Program by BATS Exchange, Inc. BATS–Y cost for large investors [sic] is the price impact that Exchange, Inc., Chicago Stock Exchange, Inc., their large trades can have on the market. Indeed, Proposed Rule Change Received From EDGA Exchange, Inc., EDGX Exchange, Inc., disclosure of these large orders can reduce the Members, Participants, or Others Financial Industry Regulatory Authority, Inc., likelihood of their being filled.’’ See Securities NASDAQ OMX BX, Inc., NASDAQ OMX PHLX Exchange Act Release No. 42450 (February 23, No written comments were solicited 2000), 65 FR 10577 (February 28, 2000) (SR–NYSE– LLC, The NASDAQ Stock Market LLC, New York or received with respect to the proposed Stock Exchange LLC, NYSE MKT LLC, and NYSE 99–48). Arca, Inc., as Modified by the Commission, for a 12 15 U.S.C. 78f(b). rule change. Two-Year Period) (‘‘Tick Size Approval Order). 13 15 U.S.C. 78f(b)(5).
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III. Date of Effectiveness of the filing also will be available for Dated: April 28, 2016. Proposed Rule Change and Timing for inspection and copying at the principal Brent J. Fields, Commission Action office of the Exchange. All comments Secretary. Within 45 days of the date of received will be posted without change; [FR Doc. 2016–10394 Filed 4–29–16; 11:15 am] publication of this notice in the Federal the Commission does not edit personal BILLING CODE 8011–01–P Register or such longer period up to 90 identifying information from days (i) as the Commission may submissions. You should submit only designate if it finds such longer period information that you wish to make SECURITIES AND EXCHANGE to be appropriate and publishes its available publicly. All submissions COMMISSION should refer to File Number SR– reasons for so finding or (ii) as to which [Release No. 34–77723; File No. SR– the self-regulatory organization NYSEMKT–2016–49 and should be BatsBZX–2016–09] consents, the Commission will: submitted on or before May 24, 2016. (A) By order approve or disapprove For the Commission, by the Division of Self-Regulatory Organizations; Bats the proposed rule change, or Trading and Markets, pursuant to delegated BZX Exchange, Inc.; Notice of Filing of (B) institute proceedings to determine authority.14 a Proposed Rule Change to Rule 14.11, whether the proposed rule change Robert W. Errett, Managed Fund Shares, To List and should be disapproved. Deputy Secretary. Trade Shares of the Pointbreak Agriculture Commodity Strategy Fund IV. Solicitation of Comments [FR Doc. 2016–10274 Filed 5–2–16; 8:45 am] BILLING CODE 8011–01–P of the Pointbreak ETF Trust Interested persons are invited to submit written data, views, and April 27, 2016. Pursuant to Section 19(b)(1) of the arguments concerning the foregoing, SECURITIES AND EXCHANGE Securities Exchange Act of 1934 (the including whether the proposed rule COMMISSION 1 2 change is consistent with the Act. ‘‘Act’’), and Rule 19b–4 thereunder, Comments may be submitted by any of Sunshine Act Meeting notice is hereby given that on April 15, the following methods: 2016, Bats BZX Exchange, Inc. (the Notice is hereby given, pursuant to ‘‘Exchange’’ or ‘‘BZX’’) filed with the Electronic Comments the provisions of the Government in the Securities and Exchange Commission • Use the Commission’s Internet Sunshine Act, Public Law 94–409, that (‘‘Commission’’) the proposed rule comment form (http://www.sec.gov/ the Securities and Exchange change as described in Items I and II rules/sro.shtml); or Commission will hold a closed meeting below, which Items have been prepared • Send an email to rule- on Thursday, May 5, 2016, at 2 p.m. by the Exchange. The Commission is [email protected]. Please include File Commissioners, Counsel to the publishing this notice to solicit Number SR–NYSEMKT–2016–49 on the Commissioners, the Secretary to the comments on the proposed rule change subject line. Commission, and recording secretaries from interested persons. will attend the closed meeting. Certain I. Self-Regulatory Organization’s Paper Comments staff members who have an interest in Statement of the Terms of Substance of • the matters also may be present. Send paper comments in triplicate the Proposed Rule Change to Brent J. Fields, Secretary, Securities The General Counsel of the and Exchange Commission, 100 F Street Commission, or her designee, has The Exchange filed a proposal to list NE., Washington, DC 20549–1090. certified that, in her opinion, one or and trade shares of the Pointbreak more of the exemptions set forth in 5 Agriculture Commodity Strategy Fund All submissions should refer to File (the ‘‘Fund’’) of the Pointbreak ETF Number SR–NYSEMKT–2016–49. This U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(7), Trust (the ‘‘Trust’’) under Rule 14.11(i) file number should be included on the (‘‘Managed Fund Shares’’). The shares of subject line if email is used. To help the (a)(9)(ii) and (a)(10), permit consideration of the scheduled matter at the Fund are referred to herein as the Commission process and review your ‘‘Shares’’. comments more efficiently, please use the closed meeting. Chair White, as duty officer, voted to The text of the proposed rule change only one method. The Commission will is available at the Exchange’s Web site post all comments on the Commission’s consider the items listed for the closed meeting in closed session. at www.batstrading.com, at the Internet Web site (http://www.sec.gov/ principal office of the Exchange, and at rules/sro.shtml). Copies of the The subject matter of the closed meeting will be: the Commission’s Public Reference submission, all subsequent Room. amendments, all written statements Institution and settlement of with respect to the proposed rule injunctive actions; II. Self-Regulatory Organization’s change that are filed with the Institution and settlement of Statement of the Purpose of, and Commission, and all written administrative proceedings; and Statutory Basis for, the Proposed Rule communications relating to the Other matters relating to enforcement Change proposed rule change between the proceedings. In its filing with the Commission, the Commission and any person, other than At times, changes in Commission Exchange included statements those that may be withheld from the priorities require alterations in the concerning the purpose of and basis for public in accordance with the scheduling of meeting items. the proposed rule change and discussed provisions of 5 U.S.C. 552, will be For further information and to any comments it received on the available for Web site viewing and ascertain what, if any, matters have been proposed rule change. The text of these printing in the Commission’s Public added, deleted, or postponed, please statements may be examined at the Reference Room, 100 F Street NE., contact the Office of the Secretary at places specified in Item IV below. The Washington, DC 20549 on official (202) 551–5400. business days between the hours of 1 15 U.S.C. 78s(b)(1). 10:00 a.m. and 3:00 p.m. Copies of the 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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Exchange has prepared summaries, set NFA and additional disclosure, Rule 14.11(b)(5)(A)(i), however, Rule forth in Sections A, B, and C below, of reporting and recordkeeping rules 14.11(i)(7) in connection with the the most significant parts of such imposed upon commodity pools. The establishment of a ‘‘fire wall’’ between statements. Fund will generally obtain its exposure the investment adviser and the broker- to commodity markets via investments dealer reflects the applicable open-end (A) Self-Regulatory Organization’s in the Subsidiary. These investments are fund’s portfolio, not an underlying Statement of the Purpose of, and intended to provide the Fund with benchmark index, as is the case with Statutory Basis for, the Proposed Rule exposure to commodity markets in index-based funds. The Adviser is not a Change accordance with applicable rules and registered broker-dealer and is not 1. Purpose regulations. Henceforth, references to affiliated with a broker-dealer. The The Exchange proposes to list and the investments of the Fund include Adviser personnel who make decisions trade the Shares under Rule 14.11(i), investments of the Subsidiary to which regarding the Fund’s portfolio are which governs the listing and trading of the Fund gains indirect exposure subject to procedures designed to Managed Fund Shares on the through investment in the Subsidiary. prevent the use and dissemination of material nonpublic information Exchange.3 All statements and Description of the Shares and the Fund representations made in this filing regarding the Fund’s portfolio. In the Pointbreak Advisers LLC is the regarding (a) the description of the event that (a) the Adviser becomes a investment adviser (‘‘Adviser’’) to the portfolio, (b) limitations on portfolio broker-dealer or newly affiliated with a Fund. Brown Brothers Harriman & Co. holdings or reference assets, or (c) the broker-dealer, or (b) any new adviser or (‘‘BBH’’) is the administrator, custodian applicability of Exchange rules and sub-adviser is a broker-dealer or and transfer agent for the Trust. ALPS surveillance procedures shall constitute becomes affiliated with a broker-dealer, Distributors, Inc. (‘‘Distributor’’) serves continued listing requirements for it will implement a fire wall with as the distributor for the Trust. The listing the Shares on the Exchange. The respect to its relevant personnel or such Adviser is not affiliated with either BBH Fund will be an actively managed fund broker-dealer affiliate, as applicable, or the Distributor. that seeks to provide long term capital regarding access to information Rule 14.11(i)(7) provides that, if the concerning the composition and/or appreciation, primarily through investment adviser to the investment exposure to the agriculture commodities changes to the portfolio, and will be company issuing Managed Fund Shares subject to procedures designed to futures markets. is affiliated with a broker-dealer, such The Shares will be offered by the prevent the use and dissemination of investment adviser shall erect a ‘‘fire Trust, which was organized as a material non-public information wall’’ between the investment adviser Delaware statutory trust on June 18, regarding such portfolio. and the broker-dealer with respect to 2015. The Trust is registered with the access to information concerning the Pointbreak Agriculture Commodity Commission as an open-end investment composition and/or changes to such Strategy Fund company and has filed a registration investment company portfolio.5 In According to the Registration statement on behalf of the Fund on addition, Rule 14.11(i)(7) further Statement, the Fund is an actively Form N–1A (‘‘Registration Statement’’) requires that personnel who make managed exchange-traded fund that with the Commission.4 The decisions on the investment company’s seeks to provide total return that Commodities [sic] Futures Trading portfolio composition must be subject to exceeds that of a benchmark, the Commission (‘‘CFTC’’) has recently procedures designed to prevent the use Solactive Agriculture Commodity Index adopted substantial amendments to and dissemination of material (the ‘‘Benchmark’’) over time. The Fund CFTC Rule 4.5 relating to the nonpublic information regarding the is not an index tracking exchange-traded permissible exemptions and conditions applicable investment company fund and is not required to invest in the for reliance on exemptions from portfolio. Rule 14.11(i)(7) is similar to specific components of the Benchmark. registration as a commodity pool However, the Fund will generally seek operator. As a result of the instruments 5 An investment adviser to an open-end fund is to maintain a portfolio of instruments that will be held by the Fund, prior to required to be registered under the Investment similar to those included in the Advisers Act of 1940 (the ‘‘Advisers Act’’). As a listing on the Exchange, the Adviser Benchmark and will seek exposure to will be registered as a Commodity Pool result, the Adviser and its related personnel are subject to the provisions of Rule 204A–1 under the commodities included in the Operator (‘‘CPO’’) and will become a Advisers Act relating to codes of ethics. This Rule Benchmark. member of the National Futures requires investment advisers to adopt a code of The Benchmark is a rules-based index Association (‘‘NFA’’). The Fund and a ethics that reflects the fiduciary nature of the composed of futures contracts on 11 wholly-owned subsidiary of the Fund relationship to clients as well as compliance with other applicable securities laws. Accordingly, heavily traded agriculture commodities organized under the laws of the Cayman procedures designed to prevent the communication including cocoa, coffee, corn, cotton, Islands (the ‘‘Subsidiary’’) will be and misuse of non-public information by an feeder cattle, hard red winter wheat, subject to regulation by the CFTC and investment adviser must be consistent with Rule 204A–1 under the Advisers Act. In addition, Rule lean hogs, live cattle, soybeans, sugar 206(4)–7 under the Advisers Act makes it unlawful and soft red winter wheat. Commodities 3 The Commission approved Rule 14.11(i) in for an investment adviser to provide investment are investable assets with tangible, Securities Exchange Act Release No. 65225 (August advice to clients unless such investment adviser has physical properties. Futures contracts 30, 2011), 76 FR 55148 (September 6, 2011) (SR– (i) adopted and implemented written policies and BATS–2011–018). procedures reasonably designed to prevent on commodities (‘‘Agriculture 4 See Registration Statement on Form N–1A for violation, by the investment adviser and its Commodities Futures’’) generally are the Trust, dated December 23, 2015 [sic] (File Nos. supervised persons, of the Advisers Act and the agreements between two parties where 333–205324 and 811–23068). The descriptions of Commission rules adopted thereunder; (ii) one party agrees to buy, and the the Fund and the Shares contained herein are implemented, at a minimum, an annual review based, in part, on information in the Registration regarding the adequacy of the policies and counterparty to sell, a set amount of a Statement. The Commission has issued an order procedures established pursuant to subparagraph (i) physical commodity (or, in some granting certain exemptive relief to the Trust under above and the effectiveness of their contracts, a cash equivalent) at a pre- the Investment Company Act of 1940 (15 U.S.C. implementation; and (iii) designated an individual determined future date and price. The 80a–1) (‘‘1940 Act’’) (the ‘‘Exemptive Order’’). See (who is a supervised person) responsible for Investment Company Act Release No. 32064 (April administering the policies and procedures adopted value of Agriculture Commodities 4, 2016) (File No. 812–14577). under subparagraph (i) above. Futures is based upon the price
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movements of the underlying investing directly in physical Subsidiary is also advised by the commodities. If the price of a long-term commodities. Adviser. Unlike the Fund, the futures contract is greater than the near- Under normal circumstances, in Subsidiary is not an investment term futures price, the market is addition to investing in Agriculture company registered under the 1940 Act. considered to be in ‘‘contango.’’ If the Commodities Futures through the The Fund’s investment in the price of a long-term futures contract is Subsidiary, the Fund will invest its Subsidiary is intended to provide the less than the near-term futures price, the remaining assets in Cash Instruments, Fund with exposure to commodity market is considered to be in both directly and through the markets in accordance with applicable ‘‘backwardation.’’ The Benchmark will Subsidiary, including cash, cash-like rules and regulations. The Subsidiary seek to increase the weightings of those instruments or high-quality collateral has the same investment objective and commodities whose futures markets securities that provide liquidity, serve investment restrictions as the Fund. The display the most backwardation, or the as margin, or collateralize the Fund will generally invest up to 25% of least contango, among the 11 Subsidiary’s investments in Agriculture its total assets in the Subsidiary. commodities. The Benchmark will Commodities Futures. Such Cash During times of adverse market, further seek to select the contract Instruments include only the following economic, political or other conditions, month, for each specific commodity, instruments: (i) Short-term obligations the Fund may depart temporarily from among the next 13 months that display issued by the U.S. Government; (ii) cash its principal investment strategies (such and cash-like instruments; 7 (iii) money the most backwardation, or the least as by maintaining a significant market mutual funds, including contango, and does not attempt to uninvested cash position) for defensive affiliated money market mutual funds; always own those contracts that are purposes. Doing so could help the Fund and (iv) repurchase agreements.8 The closest to expiration. Although the avoid losses, but may mean lost Fund will not invest in Cash Fund, through the Subsidiary (as further investment opportunities. During these Instruments that are below investment described below), will generally invest periods, the Fund may not achieve its grade. in Agriculture Commodities Futures investment objective. The Fund generally will not invest The Fund intends to qualify each year that are components of the Benchmark, directly in Agriculture Commodities the Fund and the Subsidiary will be as a regulated investment company (a Futures. The Fund expects to gain ‘‘RIC’’) under Subchapter M of the actively managed and will not be exposure to Agriculture Commodities required to invest in all or limit their Internal Revenue Code of 1986, as Futures by investing a portion of its amended.10 The Fund will invest its investments solely to such Agriculture assets in the Subsidiary, which will Commodities Futures. In this regard, the assets (including via the Subsidiary), invest in Agriculture Commodities and otherwise conduct its operations, in Fund and the Subsidiary may hold the Futures and Cash Instruments.9 The same Agriculture Commodities Futures a manner that is intended to satisfy the qualifying income, diversification and in approximately, but not exactly, the 7 Cash-like instruments include only the distribution requirements necessary to same weights as the Benchmark. The following: Short-term negotiable obligations of Fund and the Subsidiary will generally commercial banks, fixed-time deposits, bankers establish and maintain RIC qualification acceptances of U.S. banks and similar institutions, under Subchapter M. hold such Agriculture Commodities and commercial paper rated at the date of purchase Futures with the same maturity as the ‘‘Prime-1’’ by Moody’s Investors Service, Inc. or Investment Restrictions Benchmark, but may select a different ‘‘A–1+’’ or ‘‘A–1’’ by Standard & Poor’s or, if The Fund may hold up to an aggregate month of maturity in seeking to achieve unrated, of comparable quality, as the Adviser amount of 15% of its net assets in better performance than the Benchmark. determines. 8 The Fund follows certain procedures designed illiquid assets (calculated at the time of Principal Holdings to minimize the risks inherent in repurchase investment) deemed illiquid by the agreements. Such procedures include effecting 11 12 repurchase transactions only with large, well- Adviser under the 1940 Act. The According to the Registration capitalized, and well-established financial Statement, under normal institutions whose condition will be continually 10 26 U.S.C. 851. circumstances,6 the Fund will invest in monitored by the Adviser. It is the current policy 11 In reaching liquidity decisions, the Adviser a combination of Agriculture of the Fund not to invest in repurchase agreements may consider the following factors: The frequency that do not mature within seven days if any such of trades and quotes for the security; the number of Commodities Futures, as defined below, investment, together with any other illiquid assets dealers wishing to purchase or sell the security and through the Subsidiary, and Cash held by the Fund, amount to more than 15% of the the number of other potential purchasers; dealer Instruments, as defined below, both Fund’s net assets. The investments of the Fund in undertakings to make a market in the security; and directly through the Fund and through repurchase agreements, at times, may be substantial the nature of the security and the nature of the when, in the view of the Adviser, liquidity or other marketplace in which it trades (e.g., the time the Subsidiary. Agriculture considerations so warrant. needed to dispose of the security, the method of Commodities Futures include only the 9 The Subsidiary is not registered under the 1940 soliciting offers, and the mechanics of transfer). following instruments: Exchange-traded Act and is not directly subject to its investor 12 The Commission has stated that long-standing futures on commodities; and exchange- protections, except as noted in the Registration Commission guidelines have required open-end Statement. However, the Subsidiary is wholly- funds to hold no more than 15% of their net assets traded futures contracts on commodity owned and controlled by the Fund and is advised in illiquid securities and other illiquid assets. See indices. These instruments provide by the Adviser. Therefore, because of the Fund’s Investment Company Act Release No. 28193 (March exposure to the investment returns of ownership and control of the Subsidiary, the 11, 2008), 73 FR 14618 (March 18, 2008), footnote the commodities markets, without Subsidiary would not take action contrary to the 34. See also, Investment Company Act Release No. interests of the Fund or its shareholders. The 5847 (October 21, 1969), 35 FR 19989 (December Fund’s Board of Trustees (‘‘Board’’) has oversight 31, 1970) (Statement Regarding ‘‘Restricted 6 The term ‘‘under normal circumstances’’ responsibility for the investment activities of the Securities’’); Investment Company Act Release No. includes, but is not limited to, the absence of Fund, including its expected investment in the 18612 (March 12, 1992), 57 FR 9828 (March 20, extreme volatility or trading halts in the futures Subsidiary, and the Fund’s role as the sole 1992) (Revisions of Guidelines to Form N–1A). A markets or the financial markets generally; shareholder of the Subsidiary. The Adviser receives fund’s portfolio security is illiquid if it cannot be operational issues causing dissemination of no additional compensation for managing the assets disposed of in the ordinary course of business inaccurate market information; or force majeure of the Subsidiary. The Subsidiary will also enter within seven days at approximately the value type events such as systems failure, natural or man- into separate contracts for the provision of custody, ascribed to it by the fund. See Investment Company made disaster, act of God, armed conflict, act of transfer agency, and accounting agent services with Act Release No. 14983 (March 12, 1986), 51 FR terrorism, riot or labor disruption or any similar the same or with affiliates of the same service 9773 (March 21, 1986) (adopting amendments to intervening circumstance. providers that provide those services to the Fund. Rule 2a–7 under the 1940 Act); Investment
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Fund will monitor its portfolio liquidity time for trading in such instruments. compensate for any differences between on an ongoing basis to determine Cash Instruments (other than money the NAV per Creation Unit and the whether, in light of current market mutual funds) also may be Deposit Amount. The Adviser will make circumstances, an adequate level of valued on the basis of information available through the National liquidity is being maintained, and will furnished by an independent pricing Securities Clearing Corporation consider taking appropriate steps in service that uses a valuation matrix (‘‘NSCC’’) on each business day, prior to order to maintain adequate liquidity if, which incorporates both dealer- the opening of business on the through a change in values, net assets, supplied valuations and electronic data Exchange, the list of names and the or other circumstances, more than 15% processing techniques. Shares of money required number or par value of each of the Fund’s net assets are held in market mutual funds will be valued at Deposit Asset and the amount of the illiquid assets. Illiquid assets include their current Net Asset Value per share. Cash Component to be included in the assets subject to contractual or other For more information regarding the current Fund Deposit (based on restrictions on resale and other valuation of Fund investments in information as of the end of the instruments that lack readily available calculating the Fund’s NAV, see the previous business day) for the Fund. markets as determined in accordance Registration Statement. The identity and number or par value with Commission staff guidance. Aside The Shares of the Deposit Assets may change from the Fund’s investments in the pursuant to changes in the composition Subsidiary, neither the Fund nor the The Fund will issue and redeem of the Fund’s portfolio as rebalancing Subsidiary will invest in non-U.S. Shares on a continuous basis at the NAV adjustments and corporate action events equity securities. Neither the Fund nor per Share only in large blocks of a occur from time to time. The the Subsidiary will invest in derivatives specified number of Shares or multiples composition of the Deposit Assets may thereof (‘‘Creation Units’’) in other than Agriculture Commodities also change in response to adjustments transactions with authorized Futures. to the weighting or composition of the The Fund’s investments will be participants who have entered into holdings of the Fund. consistent with the Fund’s investment agreements with the Distributor. The The Fund reserves the right to permit objective and will not be used to Adviser currently anticipates that a or require the substitution of a ‘‘cash in achieve leveraged or inverse leveraged Creation Unit will consist of 50,000 lieu’’ amount to be added to the Cash returns (e.g. two times or three times the Shares, though this number may change Component to replace any Deposit Asset from time to time, including prior to Fund’s benchmark). that may not be available in sufficient listing of the Shares. The exact number quantity for delivery or that may not be Net Asset Value of Shares that will constitute a Creation eligible for transfer through the Unit will be disclosed in the According to the Registration Depository Trust Company (‘‘DTC’’) or Registration Statement. Once created, Statement, the net asset value (‘‘NAV’’) the clearing process through the Shares of the Fund may trade on the of the Shares of the Fund will be NSCC.13 secondary market in amounts less than calculated by dividing the value of the Except as noted below, all creation net assets of the Fund (i.e., the value of a Creation Unit. Although the Adviser anticipates that orders must be placed for one or more its total assets less total liabilities) by Creation Units and must be received by the total number of Shares outstanding. purchases and redemptions for Creation Units will generally be executed on an the Distributor at a time specified by the Expenses and fees, including the Adviser. The Fund currently intends management and administration fees, all-cash basis, the consideration for purchase of Creation Units of the Fund that such orders must be received in are accrued daily and taken into account proper form no later than 10:30 a.m. for purposes of determining NAV. The may consist of an in-kind deposit of a designated portfolio of assets (including Eastern Time on the date such order is NAV of the Fund is generally placed in order for creation of Creation determined at 4:00 p.m. Eastern Time any portion of such assets for which cash may be substituted) (i.e., the Units to be effected based on the NAV each business day when the Exchange is of Shares of the Fund as next open for trading. If the Exchange or ‘‘Deposit Assets’’), and the ‘‘Cash Component’’ computed as described determined on such date after receipt of market on which the Fund’s the order in proper form. The investments are primarily traded closes below. Together, the Deposit Assets and the Cash Component constitute the ‘‘Settlement Date’’ is generally the third early, the NAV may be calculated prior business day after the transmittal date. to its normal calculation time. Creation/ ‘‘Fund Deposit,’’ which represents the minimum initial and subsequent On days when the Exchange or the redemption transaction order time futures markets close earlier than cutoffs (as further described below) investment amount for a Creation Unit of the Fund. The specific terms normal, the Fund may require orders to would also be accelerated. create or to redeem Creation Units to be Securities and other assets held by surrounding the creation and redemption of shares are at the placed earlier in the day. both the Fund and the Subsidiary are A standard creation transaction fee discretion of the Adviser. generally valued at their market price may be imposed to offset the transfer using market quotations or information The Deposit Assets and Fund Securities (as defined below), as the and other transaction costs associated provided by a pricing service. with the issuance of Creation Units. Agriculture Commodities Futures are case may be, in connection with a purchase or redemption of a Creation Shares of the Fund may be redeemed generally valued at their settlement only in Creation Units at their NAV next price as determined by the relevant Unit, generally will correspond pro rata, to the extent practicable, to the assets determined after receipt of a redemption exchange. Repurchase agreements will request in proper form by the generally be valued at bid prices held by the Fund. The Cash Component will be an Distributor and only on a business day. received from independent pricing amount equal to the difference between Adviser will make available through the services as of the announced closing the NAV of the Shares (per Creation 13 The Adviser represents that, to the extent the Company Act Release No. 17452 (April 23, 1990), Unit) and the ‘‘Deposit Amount,’’ which Trust permits or requires a ‘‘cash in lieu’’ amount, 55 FR 17933 (April 30, 1990) (adopting Rule 144A will be an amount equal to the market such transactions will be effected in the same or under the Securities Act of 1933). value of the Deposit Assets, and serve to equitable manner for all authorized participants.
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NSCC, prior to the opening of business Bid/Ask Price against the NAV; and (2) holdings may not be updated for on the Exchange on each business day, data in chart format displaying the purposes of calculating Intraday the designated portfolio of assets frequency distribution of discounts and Indicative Value during U.S. trading (including any portion of such assets for premiums of the daily closing market hours where the market on which the which cash may be substituted) that will price or Bid/Ask Price against the NAV, underlying asset is traded settles prior be applicable (subject to possible within appropriate ranges, for each of to the end of the Exchange’s Regular amendment or correction) to the four previous calendar quarters. Trading Hours. redemption requests received in proper Daily trading volume information for The dissemination of the Intraday form on that day (‘‘Fund Securities’’). the Fund will be available in the Indicative Value, together with the The redemption proceeds for a Creation financial section of newspapers, through Disclosed Portfolio, will allow investors Unit generally will consist of a specified subscription services such as to determine the value of the underlying amount of cash less a redemption Bloomberg, Thomson Reuters, and portfolio of the Fund on a daily basis transaction fee. The Fund generally will International Data Corporation, which and provide an estimate of that value redeem Creation Units entirely for cash. can be accessed by authorized throughout the trading day. A standard redemption transaction participants and other investors, as well Intraday price quotations on Cash fee, in an amount disclosed in the as through other electronic services, Instruments of the type held by the current prospectus for the Fund, may be including major public Web sites. On Fund, with the exception of money imposed to offset transfer and other each business day, before market mutual funds, are available from transaction costs that may be incurred commencement of trading in Shares major broker-dealer firms and from by the Fund. during Regular Trading Hours 15 on the third-parties, which may provide prices Redemption requests for Creation Exchange, the Fund will disclose on its free with a time delay, or ‘‘live’’ with a Units of the Fund must be submitted to Web site the identities and quantities of paid fee. For Agriculture Commodities the Distributor by or through an the portfolio Agriculture Commodities Futures, such intraday pricing authorized participant by a time Futures and other assets (the ‘‘Disclosed information is available directly from specified by the Adviser. The Fund Portfolio’’) held by the Fund and the the applicable listing exchange. Price currently intends that such requests Subsidiary that will form the basis for information for money market mutual must be received no later than 10:30 the Fund’s calculation of NAV at the funds will be available from the a.m. Eastern Time on any business day, end of the business day.16 The Disclosed applicable investment company’s Web in order to receive that day’s NAV. The Portfolio will include for each portfolio site. authorized participant must transmit the holding, as applicable: Ticker symbol or Information regarding market price request for redemption in the form other identifier, a description of the and trading volume of the Shares will be required by the Fund to the Distributor holding, identity of the asset upon continually available on a real-time in accordance with procedures set forth which the derivative is based, the basis throughout the day on brokers’ in the authorized participant agreement. quantity of each security or other asset computer screens and other electronic Additional information regarding the held as measured by select metrics, services. The previous day’s closing Shares and the Fund, including maturity date, coupon rate, effective price and trading volume information investment strategies, risks, creation and date, market value and percentage for the Shares will be generally available redemption procedures, fees and weight of the holding in the portfolio. daily in the print and online financial expenses, portfolio holdings disclosure The Web site and information will be press. Quotation and last sale policies, distributions, taxes and reports publicly available at no charge. information for the Shares will be to be distributed to beneficial owners of In addition, for the Fund, an available on the facilities of the CTA. the Shares can be found in the estimated value, defined in Rule Initial and Continued Listing Registration Statement or on the Web 14.11(i)(3)(C) as the ‘‘Intraday Indicative site for the Fund Value,’’ that reflects an estimated The Shares will be subject to Rule (www.pointbreakETFs.com), as intraday value of the Fund’s portfolio, 14.11(i), which sets forth the initial and applicable. will be disseminated. Moreover, the continued listing criteria applicable to Managed Fund Shares. The Exchange Availability of Information Intraday Indicative Value will be based upon the current value for the represents that, for initial and/or The Fund’s Web site, which will be continued listing, the Fund must be in publicly available prior to the public components of the Disclosed Portfolio and will be updated and widely compliance with Rule 10A–3 under the offering of Shares, will include a form 18 disseminated by one or more major Act. A minimum of 100,000 Shares of the prospectus for the Fund that may will be outstanding at the be downloaded. The Web site will market data vendors at least every 15 seconds during the Exchange’s Regular commencement of trading on the include additional quantitative 17 Exchange. The Exchange will obtain a information updated on a daily basis, Trading Hours. In addition, the quotations of certain of the Fund’s representation from the issuer of the including, for the Fund: (1) The prior Shares that the NAV will be calculated business day’s reported NAV, the 15 Regular Trading Hours are 9:30 a.m. to 4:00 daily and that the NAV and the closing market price or the midpoint of p.m. Eastern Time. Disclosed Portfolio will be made the bid/ask spread at the time of 16 Under accounting procedures to be followed by available to all market participants at calculation of such NAV (the ‘‘Bid/Ask the Fund, trades made on the prior business day the same time. Price’’),14 daily trading volume, and a (‘‘T’’) will be booked and reflected in NAV on the calculation of the premium and current business day (‘‘T+1’’). Accordingly, the Trading Halts Fund will be able to disclose at the beginning of the discount of the closing market price or business day the portfolio that will form the basis With respect to trading halts, the for the NAV calculation at the end of the business Exchange may consider all relevant 14 The Bid/Ask Price of the Fund will be day. factors in exercising its discretion to determined using the midpoint of the highest bid 17 Currently, it is the Exchange’s understanding halt or suspend trading in the Shares of and the lowest offer on the Exchange as of the time that several major market data vendors display and/ of calculation of the Fund’s NAV. The records or make widely available Intraday Indicative Values the Fund. The Exchange will halt relating to Bid/Ask Prices will be retained by the published via the Consolidated Tape Association Fund and its service providers. (‘‘CTA’’) or other data feeds. 18 See 17 CFR 240.10A–3.
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trading in the Shares under the surveillance sharing agreement.19 In to various fees and expenses described conditions specified in Rule 11.18. addition, the Exchange is able to access, in the Registration Statement. The Trading may be halted because of as needed, trade information for certain Information Circular will also disclose market conditions or for reasons that, in fixed income instruments reported to the trading hours of the Shares of the the view of the Exchange, make trading FINRA’s Trade Reporting and Fund and the applicable NAV in the Shares inadvisable. These may Compliance Engine (‘‘TRACE’’). The calculation time for the Shares. The include: (1) The extent to which trading Exchange prohibits the distribution of Information Circular will disclose that is not occurring in the Agriculture material non-public information by its information about the Shares of the Commodities Futures and other assets employees. Fund will be publicly available on the composing the Disclosed Portfolio of the Information Circular Fund’s Web site. In addition, the Fund; or (2) whether other unusual Information Circular will reference that conditions or circumstances detrimental Prior to the commencement of the Trust is subject to various fees and to the maintenance of a fair and orderly trading, the Exchange will inform its expenses described in the Registration market are present. Trading in the members in an Information Circular of Statement. Shares also will be subject to Rule the special characteristics and risks 2. Statutory Basis 14.11(i)(4)(B)(iv), which sets forth associated with trading the Shares. circumstances under which Shares of Specifically, the Information Circular The Exchange believes that the the Fund may be halted. will discuss the following: (1) The proposal is consistent with Section 6(b) procedures for purchases and of the Act 22 Trading Rules in general and Section redemptions of Shares in Creation Units 6(b)(5) of the Act 23 in particular in that The Exchange deems the Shares to be (and that Shares are not individually it is designed to prevent fraudulent and equity securities, thus rendering trading redeemable); (2) Rule 3.7, which manipulative acts and practices, to in the Shares subject to the Exchange’s imposes suitability obligations on promote just and equitable principles of existing rules governing the trading of Exchange members with respect to trade, to foster cooperation and recommending transactions in the equity securities. The Exchange will coordination with persons engaged in Shares to customers; (3) how allow trading in the Shares from 8:00 facilitating transactions in securities, to information regarding the Intraday a.m. until 5:00 p.m. Eastern Time. The remove impediments to and perfect the Indicative Value and Disclosed Portfolio Exchange has appropriate rules to mechanism of a free and open market are disseminated; (4) the risks involved facilitate transactions in the Shares and a national market system and, in in trading the Shares during the Pre- during all trading sessions. As provided general, to protect investors and the Opening 20 and After Hours Trading in Rule 14.11(i)(2)(C), the minimum public interest. Sessions 21 when an updated Intraday price variation for quoting and entry of Indicative Value will not be calculated The Exchange believes that the orders in Managed Fund Shares traded or publicly disseminated; (5) the proposed rule change is designed to on the Exchange is $0.01. requirement that members deliver a prevent fraudulent and manipulative Surveillance prospectus to investors purchasing acts and practices in that the Shares will newly issued Shares prior to or be listed and traded on the Exchange The Exchange believes that its concurrently with the confirmation of a pursuant to the initial and continued surveillance procedures are adequate to transaction; and (6) trading information. listing criteria in Rule 14.11(i). The properly monitor the trading of the In addition, the Information Circular Exchange believes that its surveillance Shares on the Exchange during all will advise members, prior to the procedures are adequate to properly trading sessions and to deter and detect commencement of trading, of the monitor the trading of the Shares on the violations of Exchange rules and the prospectus delivery requirements Exchange during all trading sessions applicable federal securities laws. applicable to the Fund. Members and to deter and detect violations of Trading of the Shares through the purchasing Shares from the Fund for Exchange rules and the applicable Exchange will be subject to the resale to investors will deliver a federal securities laws. If the investment Exchange’s surveillance procedures for prospectus to such investors. The adviser to the investment company derivative products, including Managed Information Circular will also discuss issuing Managed Fund Shares is Fund Shares. The issuer has represented any exemptive, no-action, and affiliated with a broker-dealer, such to the Exchange that it will advise the interpretive relief granted by the investment adviser to the investment Exchange of any failure by the Fund to Commission from any rules under the company shall erect a ‘‘fire wall’’ comply with the continued listing Act. between the investment adviser and the requirements, and, pursuant to its In addition, the Information Circular broker-dealer with respect to access to obligations under Section 19(g)(1) of the will reference that the Fund is subject information concerning the composition Exchange Act, the Exchange will surveil and/or changes to such investment for compliance with the continued 19 For a list of the current members and affiliate company portfolio. The Adviser is not a listing requirements. If the Fund is not members of ISG, see www.isgportal.com. The registered broker-dealer and is not in compliance with the applicable Exchange notes that not all components of the Disclosed Portfolio for the Fund may trade on affiliated with a broker-dealer. The listing requirements, the Exchange will markets that are members of ISG or with which the Exchange may obtain information commence delisting procedures under Exchange has in place a comprehensive regarding trading in the Shares and the Exchange Rule 14.12. The Exchange surveillance sharing agreement. The Exchange also underlying futures, including those held may obtain information regarding notes that all of the futures contracts in the Disclosed Portfolio for the Fund including those by the Subsidiary, via the ISG from trading in the Shares and the underlying held by the Subsidiary will trade on markets that other exchanges who are members or futures, including futures contracts held are a member of ISG or affiliate or with which the affiliates of the ISG or with which the by the Subsidiary, via the Intermarket Exchange has in place a comprehensive Exchange has entered into a Surveillance Group (‘‘ISG’’) from other surveillance sharing agreement. comprehensive surveillance sharing exchanges who are members or affiliates 20 The Pre-Opening Session is from 8:00 a.m. to 9:30 a.m. Eastern Time. of the ISG or with which the Exchange 21 The After Hours Trading Session is from 4:00 22 15 U.S.C. 78f. has entered into a comprehensive p.m. to 5:00 p.m. Eastern Time. 23 15 U.S.C. 78f(b)(5).
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agreement.24 In addition, the Exchange calculated daily and that the NAV and ‘‘live’’ with a paid fee. For Agriculture is able to access, as needed, trade the Disclosed Portfolio will be made Commodity [sic] Futures, such intraday information for certain fixed income available to all market participants at pricing information is available directly instruments reported to FINRA’s the same time. In addition, a large from the applicable listing exchange. TRACE. amount of information is publicly The proposed rule change is designed Under normal circumstances, the available regarding the Fund and the to perfect the mechanism of a free and Fund will invest in a combination of Shares, thereby promoting market open market and, in general, to protect Agriculture Commodities Futures transparency. Moreover, the Intraday investors and the public interest in that through the Subsidiary and Cash Indicative Value will be disseminated it will facilitate the listing and trading Instruments both directly through the by one or more major market data of an additional type of actively- Fund and through the Subsidiary. vendors at least every 15 seconds during managed exchange-traded product that Agriculture Commodities Futures Regular Trading Hours. On each will enhance competition among market provide exposure to the investment business day, before commencement of participants, to the benefit of investors returns of the commodities markets, trading in Shares during Regular and the marketplace. As noted above, without investing directly in physical Trading Hours, the Fund will disclose the Exchange has in place surveillance commodities. The Fund generally will on its Web site the Disclosed Portfolio procedures relating to trading in the not invest directly in Agriculture that will form the basis for the Fund’s Shares and may obtain information via Commodities Futures. The Fund expects calculation of NAV at the end of the ISG from other exchanges that are to gain exposure to these investments by business day. Pricing information will members of ISG or with which the investing a portion of its assets in the be available on the Fund’s Web site Exchange has entered into a Subsidiary. Cash Instruments include including: (1) The prior business day’s comprehensive surveillance sharing only the following instruments: (i) reported NAV, the closing market price, agreement as well as trade information Short-term obligations issued by the or the Bid/Ask Price, daily trading for certain fixed income instruments as U.S. Government; (ii) cash and cash-like volume, and a calculation of the reported to FINRA’s TRACE. In instruments; (iii) money market mutual premium and discount of the closing addition, as noted above, investors will funds, including affiliated money market price or Bid/Ask Price against have ready access to information market mutual funds; and (iv) the NAV; and (2) data in chart format regarding the Fund’s holdings, the repurchase agreements. The Fund will displaying the frequency distribution of Intraday Indicative Value, the Disclosed not invest in Cash Instruments that are discounts and premiums of the daily Portfolio, and quotation and last sale below investment grade. closing market price or Bid/Ask Price information for the Shares. During times of adverse market, against the NAV, within appropriate For the above reasons, the Exchange economic, political or other conditions, ranges, for each of the four previous believes that the proposed rule change the Fund may depart temporarily from calendar quarters. Additionally, is consistent with the requirements of its principal investment strategies (such information regarding market price and Section 6(b)(5) of the Act. as by maintaining a significant trading of the Shares will be continually uninvested cash position) for defensive (B) Self-Regulatory Organization’s available on a real-time basis throughout purposes. Doing so could help the Fund Statement on Burden on Competition the day on brokers’ computer screens avoid losses, but may mean lost and other electronic services, and The Exchange does not believe that investment opportunities. During these quotation and last sale information for the proposed rule change will impose periods, the Fund may not achieve its the Shares will be available on the any burden on competition that is not investment objective. facilities of the CTA. The Web site for necessary or appropriate in furtherance Additionally, the Fund may hold up of the purpose of the Act. The Exchange to an aggregate amount of 15% of its net the Fund will include a form of the prospectus for the Fund and additional notes that the proposed rule change, assets in illiquid assets (calculated at rather will facilitate the listing and the time of investment). The Fund will data relating to NAV and other applicable quantitative information. trading of additional actively-managed monitor its portfolio liquidity on an exchange-traded products that will ongoing basis to determine whether, in Trading in Shares of the Fund will be halted under the conditions specified in enhance competition among both light of current circumstances, an market participants and listing venues, adequate level of liquidity is being Rule 11.18. Trading may also be halted because of market conditions or for to the benefit of investors and the maintained, and will consider taking marketplace. appropriate steps in order to maintain reasons that, in the view of the adequate liquidity if, through a change Exchange, make trading in the Shares (C) Self-Regulatory Organization’s in values, net assets, or other inadvisable. Finally, trading in the Statement on Comments on the circumstances, more than 15% of the Shares will be subject to Rule Proposed Rule Change Received From Fund’s net assets are held in illiquid 14.11(i)(4)(B)(iv), which sets forth Members, Participants or Others assets. Illiquid assets include assets circumstances under which Shares of The Exchange has neither solicited subject to contractual or other the Fund may be halted. In addition, as nor received written comments on the restrictions on resale and other noted above, investors will have ready proposed rule change. instruments that lack readily available access to information regarding the III. Date of Effectiveness of the markets as determined in accordance Fund’s holdings, the Intraday Indicative Proposed Rule Change and Timing for with Commission staff guidance. Value, the Disclosed Portfolio, and The proposed rule change is designed quotation and last sale information for Commission Action to promote just and equitable principles the Shares. Within 45 days of the date of of trade and to protect investors and the Intraday price quotations on U.S. publication of this notice in the Federal public interest in that the Exchange will government securities and repurchase Register or within such longer period obtain a representation from the issuer agreements of the type held by the Fund up to 90 days of such date (i) as the of the Shares that the NAV will be are available from major broker-dealer Commission may designate if it finds firms and from third-parties, which may such longer period to be appropriate 24 See note 21, supra. provide prices free with a time delay, or and publishes its reasons for so finding
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or (ii) as to which the Exchange Commission and any person, other than (‘‘Act’’),1 and Rule 19b–4 thereunder,2 consents, the Commission will: (a) By those that may be withheld from the notice is hereby given that on April 21, order approve or disapprove such public in accordance with the 2016, NASDAQ BX, Inc. (‘‘Exchange’’) proposed rule change, or (b) institute provisions of 5 U.S.C. 552, will be filed with the Securities and Exchange proceedings to determine whether the available for Web site viewing and Commission (‘‘Commission’’) the proposed rule change should be printing in the Commission’s Public proposed rule change as described in disapproved. Reference Room, 100 F Street NE., Items I, II, and III, below, which Items IV. Solicitation of Comments Washington, DC 20549, on official have been prepared by the Exchange. business days between the hours of Interested persons are invited to The Commission is publishing this 10:00 a.m. and 3:00 p.m. Copies of such notice to solicit comments on the submit written data, views, and filing will also be available for arguments concerning the foregoing, proposed rule change from interested inspection and copying at the principal persons. including whether the proposed rule office of the Exchange. All comments change is consistent with the Act. received will be posted without change; I. Self-Regulatory Organization’s Comments may be submitted by any of the Commission does not edit personal Statement of the Terms of Substance of the following methods: identifying information from the Proposed Rule Change Electronic Comments submissions. You should submit only information that you wish to make The Exchange proposes to update • Use the Commission’s Internet available publicly. All submissions Exchange Rule 4759 and to amend the comment form (http://www.sec.gov/ should refer to File Number SR– public disclosure of the sources of data rules/sro.shtml); or • Send an email to rule-comments@ BatsBZX–2016–09 and should be that the Exchange utilizes when sec.gov. Please include File Number SR– submitted on or before May 24, 2016. performing (1) order handling and BatsBZX–2016–09 on the subject line. For the Commission, by the Division of execution; (2) order routing; and (3) Trading and Markets, pursuant to delegated related compliance processes. Paper Comments 25 authority. The text of the proposed rule change • Send paper comments in triplicate Robert W. Errett, is below. Proposed new language is to Secretary, Securities and Exchange Deputy Secretary. italicized and deleted language is Commission, 100 F Street NE., [FR Doc. 2016–10272 Filed 5–2–16; 8:45 am] bracketed. Washington, DC 20549–1090. BILLING CODE 8011–01–P * * * * * All submissions should refer to File Number SR–BatsBZX–2016–09. This file 4759. Data Feeds Utilized number should be included on the SECURITIES AND EXCHANGE subject line if email is used. To help the COMMISSION The BX System utilizes the below Commission process and review your proprietary and network processor feeds comments more efficiently, please use [Release No. 34–77719; File No. SR–BX– for the handling, routing, and execution 2016–022] only one method. The Commission will of orders, as well as for the regulatory post all comments on the Commission’s Self-Regulatory Organizations; compliance processes related to those Internet Web site (http://www.sec.gov/ NASDAQ BX, Inc.; Notice of Filing and functions. The Secondary Source of data rules/sro.shtml). Copies of the Immediate Effectiveness of Proposed is, where applicable, utilized only in submission, all subsequent Rule Change To Update Public emergency market conditions and only amendments, all written statements Disclosure of Exchange Usage of until those emergency conditions are with respect to the proposed rule Market Data resolved. change that are filed with the Commission, and all written April 27, 2016. communications relating to the Pursuant to Section 19(b)(1) of the proposed rule change between the Securities Exchange Act of 1934
Market center Primary source Secondary source
A—NYSE MKT (AMEX) ...... NYSE MKT OpenBook Ultra ...... CQS/UQDF. B—NASDAQ OMX BX ...... BX ITCH 5.0 ...... CQS/UQDF. C—NSX ...... CQS/UQDF ...... n/a. D—FINRA ADF ...... CQS/UQDF ...... n/a. J—DirectEdge A ...... BATS PITCH ...... CQS/UQDF. K—DirectEdge X ...... BATS PITCH ...... CQS/UQDF. M—[CSX] CHX ...... [CQS/UQDF] CHX Book Feed ...... [n/a] CQS/UQDF. N—NYSE ...... NYSE OpenBook Ultra ...... CQS/UQDF. P—NYSE Arca ...... NYSE ARCA XDP ...... CQS/UQDF. T/Q—NASDAQ ...... ITCH 5.0 ...... CQS/UQDF. X—NASDAQ OMX PSX ...... PSX ITCH 5.0 ...... CQS/UQDF. Y—BATS Y-Exchange ...... BATS PITCH ...... CQS/UQDF. Z—BATS Exchange ...... BATS PITCH ...... CQS/UQDF.
* * * * * at http:// the Commission’s Public Reference The text of the proposed rule change nasdaqomxbx.cchwallstreet.com/, at the Room. is available on the Exchange’s Web site principal office of the Exchange, and at
25 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 782(b)(1). 2 17 CFR 240.19b–4.
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II. Self-Regulatory Organization’s Rule 4759 to update it for the symbol for At any time within 60 days of the Statement of the Purpose of, and the Chicago Stock Exchange, Inc. and to filing of the proposed rule change, the Statutory Basis for, the Proposed Rule amend the primary and secondary Commission summarily may Change sources of data for CHX that the temporarily suspend such rule change if In its filing with the Commission, the Exchange utilizes when performing (1) it appears to the Commission that such Exchange included statements order handling and execution; (2) order action is: (i) Necessary or appropriate in concerning the purpose of and basis for routing; and (3) related compliance the public interest; (ii) for the protection the proposed rule change and discussed processes will ensure that Exchange of investors; or (iii) otherwise in any comments it received on the Rule 4759 correctly identifies and furtherance of the purposes of the Act. proposed rule change. The text of these publicly states on a market-by-market If the Commission takes such action, the statements may be examined at the basis all of the specific network Commission shall institute proceedings places specified in Item IV below. The processor and proprietary data feeds to determine whether the proposed rule that the Exchange utilizes for the Exchange has prepared summaries, set should be approved or disapproved. handling, routing, and execution of forth in sections A, B, and C below, of orders, and for performing the IV. Solicitation of Comments the most significant aspects of such regulatory compliance checks related to Interested persons are invited to statements. each of those functions. The Exchange submit written data, views, and A. Self-Regulatory Organization’s also believes that the proposed rule arguments concerning the foregoing, Statement of the Purpose of, and the change removes impediments to and including whether the proposed rule Statutory Basis for, the Proposed Rule perfects the mechanism of a free and change is consistent with the Act. Change open market and protects investors and Comments may be submitted by any of the public interest because it provides the following methods: 1. Purpose additional specificity, clarity and The Exchange proposes to update and transparency. Electronic Comments amend the table in Exchange Rule 4759 • Use the Commission’s Internet that sets forth on a market-by-market B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ basis the specific network processor and Statement on Burden on Competition rules/sro.shtml); or proprietary data feeds that the Exchange The Exchange does not believe that • Send an email to rule-comments@ utilizes for the handling, routing, and the proposed rule change will result in sec.gov. Please include File Number SR– execution of orders, and for performing any burden on competition that is not BX–2016–022 on the subject line. the regulatory compliance checks necessary or appropriate in furtherance Paper Comments related to each of those functions. of the purposes of the Act, as amended. Specifically, the table will be To the contrary, the Exchange believes • Send paper comments in triplicate to amended to update the symbol for the the proposal will enhance competition Secretary, Securities and Exchange Chicago Stock Exchange, Inc. from because including all of the correct Commission, 100 F Street NE., ‘‘CSX’’ to ‘‘CHX’’, as well as to update information for the exchanges enhances Washington, DC 20549–1090. the primary and secondary sources in transparency and enables investors to All submissions should refer to File the table for CHX. The primary source better assess the quality of the Number SR–BX–2016–022. This file will be CHX Book Feed and the former Exchange’s execution and routing number should be included on the primary source, CQS/UQDF, will services. subject line if email is used. To help the become the secondary source. The C. Self-Regulatory Organization’s Commission process and review your change to the primary source reflects the Statement on Comments on the comments more efficiently, please use Exchange’s effort to increase the amount Proposed Rule Change Received From only one method. The Commission will of data it gathers. Members, Participants, or Others post all comments on the Commission’s 2. Statutory Basis Internet Web site (http://www.sec.gov/ No written comments were either rules/sro.shtml). Copies of the The Exchange believes that the solicited or received. submission, all subsequent proposed rule change is consistent with III. Date of Effectiveness of the amendments, all written statements the provisions of Section 6 of the Act,3 Proposed Rule Change and Timing for with respect to the proposed rule in general and with Sections 6(b)(5) of Commission Action change that are filed with the the Act,4 in particular in that it is Commission, and all written Because the foregoing proposed rule designed to prevent fraudulent and communications relating to the change does not: (i) Significantly affect manipulative acts and practices, to proposed rule change between the the protection of investors or the public promote just and equitable principles of Commission and any person, other than interest; (ii) impose any significant trade, to foster cooperation and those that may be withheld from the burden on competition; and (iii) become coordination with persons engaged in public in accordance with the operative for 30 days from the date on regulating, clearing, settling, processing provisions of 5 U.S.C. 552, will be which it was filed, or such shorter time information with respect to, and available for Web site viewing and as the Commission may designate, it has facilitating transactions in securities, to printing in the Commission’s Public become effective pursuant to Section remove impediments to and perfect the Reference Room, 100 F Street NE., 19(b)(3)(A)(iii) of the Act 5 mechanism of a free and open market and Washington, DC 20549, on official and a national market system, and, in subparagraph (f)(6) of Rule 19b–4 6 business days between the hours of general, to protect investors and the thereunder. 10:00 a.m. and 3:00 p.m. Copies of the public interest. filing also will be available for 5 15 U.S.C. 78s(b)(3)(a)(iii). The Exchange believes that its inspection and copying at the principal proposal to amend the table in Exchange 6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file change, or such shorter time as designated by the 3 15 U.S.C. 78f. the proposed rule change at least five business days Commission. The Exchange has satisfied this 4 15 U.S.C. 78f(b)(5). prior to the date of filing of the proposed rule requirement.
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office of the Exchange. All comments date, the Commission has received 6 SECURITIES AND EXCHANGE received will be posted without change; comment letters on the proposal.4 COMMISSION the Commission does not edit personal 5 Section 19(b)(2) of the Act provides [File No. 500–1] identifying information from that within 45 days of the publication of submissions. You should submit only notice of the filing of a proposed rule Coyote Resources, Inc., Harbor Island information that you wish to make change, or within such longer period up Development Corp., Medical Makeover available publicly. All submissions to 90 days as the Commission may Corp. of America, and Shades should refer to File Number SR–BX– Holdings, Inc.; Order of Suspension of 2016–022, and should be submitted on designate if it finds such longer period Trading or before May 24, 2016.7 to be appropriate and publishes its reasons for so finding, or as to which the April 29, 2016. For the Commission, by the Division of self-regulatory organization consents, It appears to the Securities and Trading and Markets, pursuant to delegated the Commission shall either approve the authority. Exchange Commission that there is a proposed rule change, disapprove the Robert W. Errett, lack of current and accurate information proposed rule change, or institute concerning the securities of Coyote Deputy Secretary. proceedings to determine whether the [FR Doc. 2016–10268 Filed 5–2–16; 8:45 am] Resources, Inc. (CIK No. 1392121), a proposed rule change should be revoked Nevada corporation with its BILLING CODE 8011–01–P disapproved. The 45th day from the principal place of business listed as publication of notice of filing of this Davie, Florida with stock quoted on proposed rule change is May 2, 2016. SECURITIES AND EXCHANGE OTC Link (previously, ‘‘Pink Sheets’’) The Commission is extending this 45- COMMISSION operated by OTC Markets Group, Inc. day time period. In order to provide the (‘‘OTC Link’’) under the ticker symbol Commission with sufficient time to COYR, because it has not filed any [Release No. 34–77720; File No. SR–OCC– consider the proposed rule change, the periodic reports since the period ended 2016–004] Commission finds it is appropriate to June 30, 2013. On August 19, 2015, a Self-Regulatory Organizations; The designate a longer period within which delinquency letter was sent by the Options Clearing Corporation; Notice to take action on the proposed rule Division of Corporation Finance to of Designation of Longer Period for change. Coyote Resources, Inc. requesting Commission Action on Proposed Rule Accordingly, the Commission, compliance with its periodic filing obligations, and Coyote Resources, Inc. Change Related to the Adoption of an pursuant to Section 19(b)(2) of the Act,6 received the delinquency letter on Options Exchange Risk Control designates June 16, 2016, as the date by Standards Policy August 29, 2015, but failed to cure its which the Commission should either delinquencies. April 27, 2016. approve or disapprove, or institute It appears to the Securities and proceedings to determine whether to On March 4, 2016, The Options Exchange Commission that there is a disapprove, the proposed rule change lack of current and accurate information Clearing Corporation (‘‘OCC’’) filed with (File No. SR–OCC–2016–004). the Securities and Exchange concerning the securities of Harbor Commission (‘‘Commission’’), pursuant For the Commission, by the Division of Island Development Corp. (CIK No. to Section 19(b)(1) of the Securities Trading and Markets, pursuant to delegated 1490824), a revoked Nevada corporation 7 Exchange Act of 1934 (‘‘Act’’) 1 and Rule authority. with its principal place of business 19b–4 thereunder,2 a proposed rule Robert W. Errett, listed as Opa Locka, Florida with stock quoted on OTC Link under the ticker change to adopt a new Options Deputy Secretary. Exchange Risk Control Standards Policy symbol HIDC, because it has not filed [FR Doc. 2016–10269 Filed 5–2–16; 8:45 am] any periodic reports since the period and revise OCC’s Schedule of Fees to BILLING CODE 8011–01–P charge and collect from Clearing ended June 30, 2013. On July 31, 2015, Members a fee of two cents per each a delinquency letter was sent by the cleared options contract (per side) Division of Corporation Finance to executed on an options exchange that 4 See Letters from Mark Dehnert, Managing Harbor Island Development Corp. did not demonstrate sufficient risk Director, Goldman Sachs & Co., and Kyle Czepiel, requesting compliance with its periodic controls designed to meet the proposed Co-Chief Executive Officer, Goldman Sachs filing obligations, but it did not receive set of principles-based risk control Execution & Clearing, L.P., dated March 28, 2016, the delinquency letter due to its failure to Secretary, Commission; Lisa J. Fall, President, to maintain a valid address on file with standards. The proposed rule change BOX Options Exchange, dated April 6, 2016, to was published for comment in the the Commission as required by Brent J. Fields, Secretary, Commission; James G. Commission rules (Rule 301 of Federal Register on March 18, 2016.3 To Lundy, Associate General Counsel, ABN AMRO Clearing Chicago LLC, dated April 8, 2016, to Brent Regulation S–T, 17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual). 7 17 CFR 200.30–3(a)(12). J. Fields, Secretary, Commission; Ellen Greene, 1 15 U.S.C. 78s(b)(1). Managing Director, Securities Industry and It appears to the Securities and 2 17 CFR 240.19b–4. OCC also filed this proposal Financial Markets Association, dated April 12, Exchange Commission that there is a as an advance notice pursuant to Section 802(e)(1) 2016, to Robert W. Errett, Deputy Secretary, lack of current and accurate information of the Payment, Clearing, and Settlement Commission; Michael J. Simon, Secretary and concerning the securities of Medical Supervision Act of 2010 and Rule 19b–4(n)(1) General Counsel, International Securities Exchange, Makeover Corp. of America (CIK No. under the Exchange Act. 15 U.S.C. 5465(e)(1) and LLC, dated April 20, 2016, to Brent J. Fields, 1083944), a void Delaware corporation 17 CFR 240.19b–4(n)(1). See Securities Exchange Secretary, Commission; and Edward T. Tilly, Chief Act Release No. 34–77628 (April 15, 2016), 81 FR Executive Officer, Chicago Board Options with its principal place of business 23536 (April 21, 2016) (SR–OCC–2016–801). To Exchange, Inc., dated April 20, 2016, to Brent J. listed as West Palm Beach, Florida with date, the Commission has not received any Fields, Secretary, Commission. stock quoted on OTC Link under the comments on the advance notice. 5 15 U.S.C. 78s(b)(2). 3 Securities Exchange Act Release No. 34–77358 ticker symbol MMAM, because it has (March 14, 2016), 81 FR 14921 (March 18, 2016) 6 15 U.S.C. 78s(b)(2). not filed any periodic reports since the (File No. SR–OCC–2016–004). 7 17 CFR 200.30–3(a)(31). period ended September 30, 2012. On
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August 19, 2015, a delinquency letter Preregistered speakers will address the SUMMARY: In accordance with the was sent by the Division of Corporation Board first. TVA management will Paperwork Reduction Act of 1995, FAA Finance to Medical Makeover Corp. of answer questions from the news media invites public comments about our America requesting compliance with its following the Board meeting. intention to request the Office of periodic filing obligations, and Medical Status: Open. Management and Budget (OMB) Makeover Corp. of America received the approval to renew a previously Agenda delinquency letter on August 24, 2015, approved information collection. The but failed to cure its delinquencies. Chair’s Welcome. FAA assesses the information collected It appears to the Securities and Old Business and issues operations specifications to Exchange Commission that there is a foreign air carriers. These operations lack of current and accurate information Approval of minutes of the February specifications assure the foreign air concerning the securities of Shades 11, 2016, Board Meeting. carrier’s ability to navigate and Holdings, Inc. (CIK No. 1488366), a New Business communicate safely within the U.S. Florida corporation with its principal National Airspace System. 1. Report from President and CEO place of business listed as Aventura, DATES: 2. Committee Rosters Written comments should be Florida with stock quoted on OTC Link submitted by July 5, 2016. under the ticker symbol SHDH, because 3. Report of the Nuclear Oversight Committee ADDRESSES: Send comments to the FAA it has not filed any periodic reports at the following address: Ronda since the period ended June 30, 2013. 4. Report of the External Relations Committee Thompson, Room 441, Federal Aviation On August 19, 2015, a delinquency Administration, ASP–110, 950 L’Enfant letter was sent by the Division of A. Bellefonte Nuclear Plant Site B. Floating House Policy Plaza SW., Washington, DC 20024. Corporation Finance to Shades 5. Report of the Finance, Rates, and Public Comments Invited: You are Holdings, Inc. requesting compliance Portfolio Committee asked to comment on any aspect of this with its periodic filing obligations, but A. Fleet-Wide Non-Nuclear information collection, including (a) it did not receive the delinquency letter Maintenance and Modifications Whether the proposed collection of due to its failure to maintain a valid Contract information is necessary for FAA’s address on file with the Commission as B. Delegated Authority to Execute performance; (b) the accuracy of the required by Commission rules (Rule 301 Large Generator Interconnection estimated burden; (c) ways for FAA to of Regulation S–T, 17 CFR 232.301 and Agreements enhance the quality, utility and clarity Section 5.4 of EDGAR Filer Manual). 6. Report of the People and Performance of the information collection; and (d) The Commission is of the opinion that Committee ways that the burden could be the public interest and the protection of A. Long-Term Service Agreement minimized without reducing the quality investors require a suspension of trading with General Electric International of the collected information. The agency in the securities of the above-listed 7. Report of the Audit, Risk, and will summarize and/or include your companies. Regulation Committee comments in the request for OMB’s Therefore, it is ordered, pursuant to clearance of this information collection. Section 12(k) of the Securities Exchange For more information: Please call FOR FURTHER INFORMATION CONTACT: Act of 1934, that trading in the TVA Media Relations at (865) 632–6000, Ronda Thompson by email at: securities of the above-listed companies Knoxville, Tennessee. People who plan [email protected]. is suspended for the period from 9:30 to attend the meeting and have special a.m. EDT on April 29, 2016, through needs should call (865) 632–6000. SUPPLEMENTARY INFORMATION: 11:59 p.m. EDT on May 12, 2016. Anyone who wishes to comment on any OMB Control Number: 2120–0749. of the agenda in writing may send their Title: Operations Specifications, Part By the Commission. comments to: TVA Board of Directors, 129 Application. Brent J. Fields, Board Agenda Comments, 400 West Form Numbers: There are no FAA Secretary. Summit Hill Drive, Knoxville, forms associated with this collection. [FR Doc. 2016–10410 Filed 4–29–16; 11:15 am] Tennessee 37902. Type of Review: Renewal of an BILLING CODE 8011–01–P information collection. Dated: April 28, 2016. Background: The final rule published Sherry A. Quirk, in 2013, clarified and standardized the TENNESSEE VALLEY AUTHORITY General Counsel. rules for applications by foreign air [FR Doc. 2016–10405 Filed 4–29–16; 11:15 am] carriers and foreign persons for [Meeting No. 16–02] BILLING CODE 8120–08–P operations specifications issued under Sunshine Act Meeting Notice 14 CFR part 129 and established standards for amendment, suspension The TVA Board of Directors will hold DEPARTMENT OF TRANSPORTATION and termination of those operations a public meeting on May 5, 2016, at specifications. The final rule also Paris Landing State Park Conference Federal Aviation Administration applied to foreign air carriers and Center, Room C, 400 Lodge Road, foreign persons operating U.S.- Buchanan, Tennessee. The public may Agency Information Collection registered aircraft in common carriage comment on any agenda item or subject Activities: Requests for Comments; solely outside the United States. This at a public listening session which Clearance of Renewed Approval of action was necessary to update the begins at 9 a.m. (CT). Following the end Information Collection: Operations process for issuing operations of the public listening session, the Specifications, Part 129 Application specifications, and it established a meeting will be called to order to AGENCY: Federal Aviation regulatory basis for current practices, consider the agenda items listed below. Administration (FAA), DOT. such as amending, terminating, and On-site registration will be available ACTION: Notice and request for suspending operations specifications. until 15 minutes before the public Respondents: Approximately 25 new comments. listening session begins at 9 a.m. (CT). applicants annually.
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Frequency: Information is collected Jersey Avenue SE., Washington, DC, (3) the access road or facility must on occasion. between 9 a.m. and 5 p.m., Monday exclusively serve airport traffic.5 Estimated Average Burden per through Friday, except Federal holidays. The first and second of these Response: 3 hours. FOR FURTHER INFORMATION CONTACT: requirements are relatively Estimated Total Annual Burden: 75 Federal Aviation Administration, 800 straightforward to apply and evaluate. hours. Independence Avenue SW., The third requirement (exclusive use) Issued in Washington, DC, on April 27, Washington, DC 20591, telephone (202) requires more explanation. The 2004 2016. 267–3831; facsimile (202) 267–5302. Notice stated that ‘‘exclusive use of Ronda Thompson, airport patrons and employees means SUPPLEMENTARY INFORMATION: Section that the facility can experience no more FAA Information Collection Clearance 123(e) of Public Law 108–176, Vision Officer, Performance, Policy, and Records than incidental use by non-airport Management Branch, ASP–110. 100-Century of Aviation users.’’ 6 By incidental use, the 2004 Reauthorization Act (December 12, Notice explains, routine use of the rail [FR Doc. 2016–10346 Filed 5–2–16; 8:45 am] 2003) directed the FAA to publish a BILLING CODE 4910–13–P ground access transportation facility by policy on the eligibility of ground access non-airport users must ‘‘be unattractive projects for PFC funding. The FAA’s and non-airport users in fact constitute DEPARTMENT OF TRANSPORTATION Notice of Policy Regarding Eligibility of only a minor percentage of total system Ground Access Transportation Projects ridership.’’ However, the 2004 Notice Federal Aviation Administration for Funding Under the Passenger also stated that ‘‘Exclusive airport use Facility Charge Program (2004 Notice), does not mean that any non-airport use Passenger Facility Charge (PFC) 69 FR 6366, was published on February must be prevented at all costs.’’ 7 Program: Eligibility of Ground Access 10, 2004. The 2004 Notice presented the The 2004 Notice also stated that Projects Meeting Certain Criteria relevant statutory requirements as well related facilities, such as acceleration as FAA’s regulations and guidance on AGENCY: and deceleration lanes, exit and Federal Aviation PFC-funded ground access entrance ramps, lighting, equipment to Administration (FAA); DOT. transportation projects in a consolidated provide operational control of a rail ACTION: Notice of Proposed Policy form.2 As stated in the 2004 Notice, the system or people mover, and rail system Amendment and Request for Comments statutory requirements include the or people mover stops at intermediate significant contribution test for PFC SUMMARY: The FAA proposes to amend points on the airport are eligible when contributions higher than $3 per its ‘‘Notice of Policy Regarding the they are a necessary part of an eligible passenger (49 U.S.C. 40117(d)(3)); the Eligibility of Airport Ground Access access road or facility. In addition, the Airport Improvement Program (AIP) Transportation Projects for Funding public agency must retain ownership of funding test (49 U.S.C. 40117(b)(4)(B); Under the Passenger Facility Charge the completed ground access 14 CFR 158.17(a)(2)) and the airside (PFC) Program,’’ 1 regarding the transportation project. The public needs test (49 U.S.C. 40117(d)(4); 14 requirements for PFC funding of on- agency may choose to operate the CFR 158.17(a)(3)).3 Other requirements airport, rail access projects. facility on its own or may choose to can be found in 14 CFR part 158; FAA DATES: lease the facility to a local or regional Comments must be received on Order 5500.1, ‘‘Passenger Facility transit agency for operation within a or before June 2, 2016. Comments that Charge’’ (August 9, 2001); ‘‘The AIP larger local or regional transit system. are received after that date will be Handbook,’’ FAA Order 5100.38D considered only to the extent practical. (September 30, 2014); and FAA PFC During the 12 years that have ensued ADDRESSES: You may send written records of decision and final agency since publication of the 2004 Notice, the comments by any of the following decisions on about the use of PFC FAA has consistently applied these methods. Identify all transmissions with revenue to finance airport ground access criteria. However, as FAA’s experience ‘‘Docket Number FAA 2016–XXXX’’ at transportation projects.4 in administering the program has the beginning of the document. developed, it has become clear that • For purposes of the policy, airport strictly applying criteria originally Federal eRulemaking Portal: Go to ground access includes all potential http://www.regulations.gov and follow designed to judge eligibility for on- surface transportation modes (i.e., road, airport road access projects, to on- the instructions for sending your light and heavy rail, and water). comments electronically. airport rail projects, can produce • Mail: Docket Management Facility, The 2004 Notice restated the agency’s financially and practically inefficient U.S. Department of Transportation, 1200 longstanding policy requirement from outcomes. The concept of ‘‘exclusive New Jersey Avenue SE., West Building the AIP Handbook, FAA Order 5100.38, use’’ has been the subject of particular Ground Floor, Room W12–140, that to be AIP and/or PFC eligible, an interest because of the underlying Washington, DC 20590–0001. airport ground access transportation principle that the stakeholders who pay • Hand Delivery: Deliver comments to project must meet the following excise taxes on airline passenger tickets Docket Operations in Room W12–140 of conditions: or passenger facility charges should not the West Building Ground Floor at 1200 (1) The road or facility may only have to pay the costs of facilities, except New Jersey Avenue SE., Washington, extend to the nearest public highway or to the extent necessary to meet the DC, between 9 a.m. and 5 p.m., Monday facility of sufficient capacity to needs of airport patrons and employees. through Friday, except Federal holidays. accommodate airport traffic; Over the years, the FAA has had to • Fax: (202) 493–2251. (2) the access road or facility must be decide whether all or portions of To read background documents or located on the airport or within a right- proposed on-airport ground access comments received, go to http:// of-way acquired by the public agency; projects utilizing rail, or portions www.regulations.gov at any time or to and thereof, met the policy requirement that Room W12–140 on the ground floor of the DOT West Building, 1200 New 2 69 FR 6367. 5 Id. at 6367. 3 Id. 6 Id. at 6368. 1 69 FR 6366 (Feb. 10, 2004). 4 Id. 7 Id.
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the rail right-of-way exclusively served thoroughfare or population center, as current policy, which equates on-airport airport traffic. individual drivers can then choose their rail projects with ‘‘access roads,’’ In the past, both before and after the own path to their destination. The roads extending rail/transit access beyond the publication of the 2004 Notice, the FAA used by airport visitors are typically airport so that these populations can has found that almost all otherwise part of a broader system that may be also access the airport precludes the use eligible rail stations located on-airport funded, constructed, and maintained by of federally-approved funds, such as are eligible for PFC funding under multiple levels of government or private PFCs, for significant portions of the agency guidelines, because they are entities for multiple purposes and project since the line would go beyond exclusively used by airport patrons and journeys. Given the open and variable the airport and no longer serves airport employees.8 However, whether the right nature of road systems, it is critical for traffic exclusively. of way or guideway itself met the the FAA to apply strict eligibility Accordingly, the FAA is considering historical interpretation of exclusive use criteria that tie the funding of the on- amending the 2004 Policy so that on- depended upon the configuration of the airport project to the exclusive use of airport rail access projects are no longer rail line (e.g., whether a spur line the airport. Without such criteria, users treated identically to access roads. terminating at the airport, or a through- of the infrastructure could benefit from The FAA is evaluating whether, line where the airport station is not the federally-approved funds designed to consistent with intermodal policy under terminus). Historically, the FAA has improve access to the national air 49 U.S.C. 47101(b)(5) and (6), it should approved funding only for tracks or transportation system without ever reconsider its policy to only permit guideways that clearly meet the intending to visit, or actually visiting, ground access projects where the airport requirement of exclusive use, by virtue the airport. Airport rail access projects, terminal is the terminus of the rail line, of the physical configuration of the rail however, are planned, funded, or whether PFCs should also be line.9 constructed, operated, and used available for other types of rail projects. As discussed below, the FAA recently differently from on-airport road projects. The FAA is soliciting comment on received a request for the use of PFC By their nature, passenger rail and rail whether it should amend its policy to revenue to fund an on-airport ground transit aggregate passenger traffic along consider rail projects that are located on access rail station and related trackage, fixed routes with a limited number of airport, but that may not exclusively where the trackage would not stops, each with their own justification serve air traffic, where the creation of a exclusively serve airport traffic because and purpose. Users of road separate spur into the airport (in order the rail line would not terminate at the infrastructure have more flexibility and to ensure exclusive use of the right-of- airport station but continue beyond the control in determining their route that way) would be materially more airport property. Our review and users of rail, who are more limited in expensive than having the rail line transit the airport property and continue evaluation of the application has caused their options. Without a very strict beyond and/or would be contrary to the the agency to consider whether the exclusive use requirement, users of agency’s mission to ‘‘encourage the exclusive use policy is unduly limiting, access roads could take advantage of development of intermodal connections thereby preventing the approval of PFC that infrastructure, and make a choice to at airports.’’ 49 U.S.C. 47101(a)(5). The funds for some airport ground access never pass through the airport itself. FAA requests comments on several projects that might be consistent with Users of rail, however, have little choice policy alternatives for determining the agency’s mission to ‘‘encourage the of route and their degree of control over when rail projects on airport are eligible development of intermodal connections that route. Non-airport users are not for PFC funding. After reviewing on airport property between taking advantage of the airport portions comments, the FAA may permit some of aeronautical and other transportation of track by choice, but are more likely modes and systems to serve air the alternatives to establish PFC to be passing through the airport eligibility or may permit other transportation passengers and cargo because they cannot use rail travel to efficiently and effectively and promote alternatives raised by commenters. One their destination without doing so. The recent PFC application received by the economic development.’’ 49 U.S.C. FAA is seeing an increasing number of 47101(a)(5).10 FAA highlights the agency’s experience circumstances and physical with intermodal objectives, and a need Specifically, the agency notes that by configurations in which strict adherence extending the rail line beyond the for flexibility in using PFCs to fund on- to the historical interpretation of airport rail access. In March 2014, the airport, thereby providing more transit ‘exclusive use’ may not be in the options for more travelers and FAA received a PFC application from balance of the public interest. Indeed, the Metropolitan Washington Airports increasing the utility of the system rigid application of the historical policy, consistent with the agency’s mission, Authority (MWAA) that included a designed primarily for road access request to use PFCs to help fund both the financing options for that system projects, potentially frustrates the FAA’s become conversely limited. There are an on-airport station and a portion of own objectives as set forth in 49 U.S.C. the on-airport tracks that would be fundamental differences between fixed- 47101(b)(5) and (6). guideway systems like rail and public located immediately adjacent to the Additionally, population and roads. With road access, all that is station. Although both segments of the demographic trends have changed since needed to facilitate efficient access to track would be located on airport the ground access policy was the air transportation system is a direct property and connect to the nearest developed. Many airports that were connection from the airport to a main public transportation facility, the tracks originally constructed on the periphery would not be exclusively used by 8 64 FR 53763 (Oct. 4, 1999); PFC Record of of population centers, now find airport patrons and employees, as has Decision, Application No. 01–08–C–00–PDX (July themselves ensconced as suburban been historically required based on the 20, 2001) at 8. growth has extended to and beyond the FAA’s policy, per the 2004 Notice, to 9 Id. airport. As such, it may no longer make analyze rail projects under the same 10 This policy, when completed, will also apply sense for a ‘‘downtown’’ rail or transit framework as access roads.11 The tracks to AIP eligibility. However, due to AIP rules that limit funding for airport terminal development, rail line to terminate at the airport, as there would not be for the exclusive use of access projects would not likely be funded with AIP now exists a pool of potential users funding. beyond the airport. However, under 11 Id.
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airport patrons and employees because affect future airport ground access agency’s statutory mission to expand the rail line in question would not project approvals. The agency will have intermodal links at the nation’s airports. terminate at the airport station, but to balance the benefit to the airport (e.g., The three proposals are: continue to other destinations beyond increasing ease of access for airport 1. Incremental Cost Comparison: The the airport. patrons, and employees; decreased increased cost of a through-track In a July 11, 2014, final agency ground congestion; preserving or solution (compared to a track that decision, the FAA approved portions of enhancing capacity, etc.) against the use bypasses the airport) benefits no one but the application and the Dulles Airport of PFCs to pay for the trackage or the airport passengers and employees. Metrorail Station project in particular, guideway where use of that right-of-way Detailed Discussion of Alternative: but deferred consideration of ‘‘the track would not exclusively serve airport portions of this project (beyond the traffic as historically interpreted. • For this alternative, the public Airport station footprint).’’ 12 agency could demonstrate that the rail Discussion on Proposed Policy: As a The FAA’s final agency decision line would be built from Point A to result of its review and evaluation of the stated that ‘‘The FAA is generally Point B regardless of whether the airport MWAA application, and past PFC reviewing the historical interpretation of station is added. decisions relating to airport ground exclusive use, and considering possible • access, the FAA has identified three This approach would compare the refinements in the general eligibility proposed means by which an airport actual cost needed to serve airport criteria relating to track and guideway could demonstrate eligible costs of on- passengers and employees against the elements, on airport, in certain cost of the PFC project (airport station). 13 airport rail trackage to be funded circumstances.’’ • In its consideration of this potential through PFC revenues. These proposals If not for the service to the airport, policy change, the FAA must be are based on the underlying principle the track alignment in this section mindful of how such a change could that the stakeholders who pay PFCs (Section C–D) would typically be should not have to pay the costs of shorter, straighter, and less expensive 12 FAA Final Agency Decision dated July 11, facilities, except to the extent necessary than that of a design that includes the 2014, page 22. to meet the needs of airport patrons and Airport Station (C–A1–Airport Station– 13 Id. employees, and also promote the B1–D).
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• The approximate incremental cost the basis of PFC eligibility. However, Detailed Discussion of Alternative: to serve the airport is the difference only that trackage on airport property • The full costs of a hypothetical between the track cost to serve the (A1–Airport Station–B1) is eligible for people mover system including the airport (C–A1–Station–B1–D) and the PFC funding. costs of the Airport Station, the cost if the track did not deviate to serve 2. Separate System Comparison: The transport vehicles, and the full costs of the airport (C–D). This incremental cost project costs of a through-track solution the rail line between the Airport Station represents the costs needed to directly is less expensive than a stand-alone and A1 (theoretical airport property benefit airport passengers and people-mover bringing passengers in line) would typically be eligible for PFC employees. This incremental cost forms from an off-airport station. funding.
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• This alternative would compare the FAA may change this proposal in light information is necessary for FAA’s cost of developing a hypothetical people of comments received. performance; (b) the accuracy of the mover system (on airport) against the Issued in Washington, DC, on April 27, estimated burden; (c) ways for FAA to cost of bringing the transit line to and 2016. enhance the quality, utility and clarity through an on-airport station. Elliott Black, of the information collection; and (d) If the airport can demonstrate that the Director, Office of Airport Planning and ways that the burden could be costs to be funded through PFC Programming. minimized without reducing the quality revenues would be less than the cost of [FR Doc. 2016–10334 Filed 5–2–16; 8:45 am] of the collected information. The agency will summarize and/or include your building a separate system, then the BILLING CODE 4910–13–P costs to be funded through PFC comments in the request for OMB’s revenues would be eligible. clearance of this information collection. 3. Prorate the costs of the trackage on DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: airport property based on ridership Ronda Thompson at (202) 267–1416, or forecast. If the airport can demonstrate Federal Aviation Administration by email at: [email protected]. that the costs to be funded through PFC SUPPLEMENTARY INFORMATION: revenues would be no more than the Agency Information Collection prorated costs of the trackage on airport Activities: Requests for Comments; OMB Control Number: 2120–0597. property, based on ridership forecasts Clearance of Renewed Approval of Title: Application for Employment and the percentage representing Information Collection: Application for with the Federal Aviation passengers and employees utilizing the Employment With the Federal Aviation Administration. airport, then those costs could be Administration Form Numbers: There are no FAA considered eligible. AGENCY: Federal Aviation forms associated with this collection. Administration (FAA), DOT. Information is collected via the Office of Comments Invited Personnel Management (OPM) online ACTION: Notice and request for The FAA invites interested persons to comments. USAJOBS system and the FAA’s submit written comments, data, or Automated Vacancy Information Access views concerning this proposal. The SUMMARY: In accordance with the Tool for Online Referral (AVIATOR) most helpful comments reference a Paperwork Reduction Act of 1995, FAA staffing tool. specific portion of the proposal, explain invites public comments about our Type of Review: Renewal of an the reason for any recommended intention to request the Office of information collection. change, and include supporting data. To Management and Budget (OMB) Background: Under the provisions of ensure the docket does not contain approval to renew a currently approved Public Law 104–50, the Federal duplicate comments, please send only information collection. The information Aviation Administration (FAA) was one copy of written comments, or if you collected is used to evaluate the given the authority and the are filing comments electronically, qualifications of applicants for a variety responsibility for developing and please submit your comments only one of positions within the FAA. implementing its own personnel system. time. DATES: Written comments should be The agency requests certain information The FAA will file in the docket all submitted by July 5, 2016. needed to determine basic eligibility for comments received, as well as a report ADDRESSES: Send comments to the FAA employment and potential eligibility for summarizing each substantive public at the following address: Ronda veteran’s preference and Veteran’s contact with FAA personnel concerning Thompson, Room 441, Federal Aviation Readjustment Act appointments. In this proposal. Before acting on this Administration, ASP–110, 950 L’Enfant addition, occupation specific questions proposal, the FAA will consider all Plaza SW., Washington, DC 20024. assist the FAA in determining comments received on or before the Public Comments Invited: You are candidates’ qualifications so that only closing date for comments and any late- asked to comment on any aspect of this the best-qualified candidates may be filed comments if it is possible to do so information collection, including (a) hired for the many aviation safety- without incurring expense or delay. The Whether the proposed collection of related occupations.
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Respondents: Approximately 118,000 SUPPLEMENTARY INFORMATION: OMB and survey design report is available at annually. Control Number: 2120–0045. http://www.fhwa.dot.gov/tpm/engage/ Frequency: Information is collected Title: Bird/Other Wildlife Strike docs/questions.pdf. FHWA has received on occasion. Report. a request to extend the comment period Estimated Average Burden per Form Numbers: FAA Form 5200–7. in order to provide more time to Response: 1.5 hours. Type of Review: Renewal of an evaluate the proposed revisions. FHWA Estimated Total Annual Burden: information collection. is extending the comment period to May 177,000 hours. Background: 14 CFR 139.337— 31, 2016. We published a Federal Wildlife Hazard Management requires Register Notice with a 60-day public Issued in Washington, DC, on April 27, that wildlife strike data is collected to 2016. comment period on this information develop standards and monitor hazards collection on June 23, 2015. We are Ronda Thompson, to aviation. Data identify wildlife strike required to publish this notice in the FAA Information Collection Clearance control requirements and provide in- Federal Register by the Paperwork Officer, Performance, Policy, and Records service data on aircraft component Reduction Act of 1995. Management Branch, ASP–110. failure. The FAA form 5200–7, Bird/ [FR Doc. 2016–10344 Filed 5–2–16; 8:45 am] DATES: Please submit comments by May Other Wildlife Strike Report, is most 31, 2016. BILLING CODE 4910–13–P often completed by the pilot-in-charge ADDRESSES: You may send comments of an aircraft involved in a wildlife within 30 days to the Office of collision or by Air Traffic Control Tower DEPARTMENT OF TRANSPORTATION Information and Regulatory Affairs, personnel, or other airline or airport Office of Management and Budget, 725 Federal Aviation Administration personnel who have knowledge of the 17th Street NW., Washington, DC 20503, incident. Attention DOT Desk Officer. You are Respondents: Approximately 7,666 Agency Information Collection asked to comment on any aspect of this pilots, air traffic control personnel, or Activities: Requests for Comments; information collection, including: (1) Clearance of Renewed Approval of other airline or airport personnel. Frequency: Information is collected as Whether the proposed collection is Information Collection: Bird/Other necessary for the FHWA’s performance; Wildlife Strike Report needed. Estimated Average Burden per (2) the accuracy of the estimated AGENCY: Federal Aviation Response: 5 minutes. burden; (3) ways for the FHWA to Administration (FAA), DOT. Estimated Total Annual Burden: 613 enhance the quality, usefulness, and clarity of the collected information; and ACTION: hours. Notice and request for (4) ways that the burden could be comments. Issued in Washington, DC, on April 27, minimized, including the use of 2016. electronic technology, without reducing SUMMARY: In accordance with the Ronda Thompson, Paperwork Reduction Act of 1995, FAA the quality of the collected information. FAA Information Collection Clearance invites public comments about our All comments should include the Officer, Performance, Policy, and Records Docket No. FHWA–2016–0010. intention to request the Office of Management Branch, ASP–110. FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) [FR Doc. 2016–10347 Filed 5–2–16; 8:45 am] approval to renew a previously Michael Nesbitt (michael.nesbitt@ BILLING CODE 4910–13–P approved information collection. dot.gov), 202–366–1179, Office of Wildlife strike data are collected to Infrastructure, Federal Highway develop standards and monitor hazards DEPARTMENT OF TRANSPORTATION Administration, Department of to aviation. Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590. DATES: Written comments should be Federal Highway Administration submitted by July 5, 2016. Office hours are from 8 a.m. to 5 p.m., [Docket No. FHWA–2016–0010] Monday through Friday, except Federal ADDRESSES: Send comments to the FAA holidays. at the following address: Ronda Agency Information Collection Activities: 30 Day Extension of a SUPPLEMENTARY INFORMATION: Thompson, Room 441, Federal Aviation Title: National Transportation Administration, ASP–110, 950 L’Enfant Notice of Request for Approval of a New Information Collection Performance Management (TPM) Plaza SW., Washington, DC 20024. Implementation Review, TPM Toolbox, Public Comments Invited: You are AGENCY: Federal Highway and TPM State-of-Practice asked to comment on any aspect of this Administration (FHWA), DOT. Questionnaires. information collection, including (a) ACTION: REVISION of a Notice of Type of request: New information Whether the proposed collection of Request for Approval of a New collection requirement. information is necessary for FAA’s Information Collection. Background: Moving The Moving performance; (b) the accuracy of the Ahead for Progress in the 21st Century estimated burden; (c) ways for FAA to SUMMARY: The FHWA invited public (MAP–21) Act and the subsequent enhance the quality, utility and clarity comments about our intention to request Fixing America’s Surface Transportation of the information collection; and (d) the Office of Management and Budget’s Act (FAST Act) transformed the ways that the burden could be (OMB) approval of a new information Federal-aid highway program by minimized without reducing the quality collection that is summarized below establishing new requirements for of the collected information. The agency under supplementary information. The transportation performance management will summarize and/or include your FHWA also invites public comments on to ensure the most efficient investment comments in the request for OMB’s the design of the survey instrument and of Federal transportation funds. clearance of this information collection. questions for the National Transportation performance FOR FURTHER INFORMATION CONTACT: Transportation Performance management increases the Ronda Thompson by email at: Management (TPM) Review Survey. A accountability and transparency of the [email protected]. document containing the draft survey Federal-aid highway program and
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provides for a framework to support FHWA–2015–0013. In that 60-day associations to support the development improved investment decision making Federal Register Notice (FRN), FHWA of federally and state funded TPM through a focus on performance stated it would administer the first capacity building efforts. outcomes for key national transportation National TPM Implementation Review To address the first three concerns goals. State transportation agencies Survey in 2016 to establish a baseline listed in the preceding paragraph, (STAs) will be expected to use the and assess: stakeholders can provide input on the information and data generated as a 1. FHWA and its partners’ progress design of National TPM Implementation result of the new regulations to make implementing MAP–21 performance Review Survey by: better informed transportation planning provisions and related TPM best 1. Submitting comments on the draft and programming decisions. The new practices; and survey questions and survey design performance aspects of the Federal-aid 2. The effectiveness of performance- report to the docket. program will allow FHWA to better based planning and programming 2. Participating in one of two webinar communicate a national performance processes and transportation listening sessions on the design of the story and to more reliably assess the performance management. National TPM Implementation Review impacts of Federal funding investments. In that FRN, FHWA also stated that a Survey. The date and time of these Under the ‘‘National Transportation second National TPM Implementation webinars will be advertised at Performance Management (TPM) Review Survey will be conducted www.fhwa.dot.gov/TPM. To receive an Implementation Review Survey, TPM several years after the first to assess email notification announcing the date State-of-Practice Questionnaires, and FHWA and its partners’ progress in and time of these webinar listening TPM Toolbox’’ information collection addressing any gaps or issues identified sessions, please visit www.fhwa.dot.gov/ request (ICR), the FHWA will collect during the first survey. The findings TPM and subscribe to email updates. information on the current state of the from the first review survey will be used To address the concern on the timing practice, data, methods, and systems in a pair of statutory reports to Congress of the National TPM Implementation used by State, metropolitan, regional, due in 2017 on the effectiveness of Review Survey, FHWA decided to delay local, and/or tribal transportation performance-based planning, administering the review until after entities to support their TPM processes programming processes, and publication of the Statewide and in accordance with 23 U.S.C. 119, 134– transportation performance management Nonmetropolitan Transportation 135, and 148–150, as amended by MAP– (23 U.S.C. 119, 134(l)(2), and 135(h)(2)). Planning; Metropolitan Transportation 21 and the FAST Act. This information The findings from the second survey Planning Final Rulemaking. will also be used to develop and deliver will be used in a subsequent follow-up In addition to the more formal existing and future Federal Highway report. It is important to note that this National TPM Implementation Review Programs through successful is not a compliance review. The overall Survey, FHWA will conduct informal partnerships, value-added stewardship, focus of the National TPM voluntary TPM State-of-Practice and risk-based oversight. Underpinning Implementation Review Survey is on Questionnaires related to ongoing TPM policy and guidance, technical this effort will be a robust focus on the TPM and performance-based assistance, and capacity needs. To improving FHWA and its partners’ planning processes and practices used address concerns expressed by capacity to implement performance by STAs and MPOs, not the stakeholders regarding the burden of provisions. The information collected performance outcomes of those effort and administration of these from these activities will translate into processes. additional questionnaires, FHWA is having a better skilled workforce, FHWA received 20 comment letters proposing to sequence the National effective supporting systems, and and over 24 unique comments. While a number of concerns were expressed by TPM Implementation Review Survey clearly articulated programs that are the commenters, they generally and other State-of-the-Practice optimally positioned and equipped to supported the information collection Questionnaires on a biennial cycle. deliver the FHWA’s mission. In general, request outlined in the FRN. Regarding Under this biennial cycle, the first the components of the ‘‘National TPM the National TPM Implementation National TPM Implementation Review Implementation Review Survey, TPM Review Survey, stakeholders were most Survey would be administered in 2016 State-of-Practice Questionnaires, and concerned about the estimated burden and the follow-up in 2020. The smaller, TPM Toolbox’’ will involve questions of effort and time for administration of less formal State-of-the-Practice related to: the survey. Based on those specific 1. TPM related implementation Questionnaires would be administered comments to the docket, it became clear efforts, programs, and activities, in 2018 and 2022. The State-of-the- 2. Needs for TPM guidance and policy that a majority of responding States, Practice Questionnaires are essential to concerning MAP–21 and FAST MPOs, and their respective associations helping FHWA coordinate with its provisions; want FHWA to: (1) ‘‘coordinate with many stakeholders to reduce duplicative 3. TPM capacity building needs; stakeholders when developing’’ the survey efforts as the industry works to 4. Effectiveness implementing design of any TPM surveys, implement and understand the TPM performance based planning and questionnaires, or related instruments; practices. programming and TPM processes. (2) Provide more information on the Under this sequencing, the National The most consequential activity covered type of questions to be asked as part of TPM Implementation Review Survey by this ICR is the ‘‘National TPM the National TPM Implementation will continue to serve the original Implementation Review Survey,’’ which Review Survey and any State-of-Practice purpose of allowing FHWA to evaluate is scheduled to be administered in 2016 Questionnaires; (3) Minimize the the effectiveness of efforts to implement and again several years later. burden of effort to the greatest extent TPM and PBPP. The State-of-the- Overview: practicable; (4) Delay administration of Practice Questionnaires will enable In the summer of 2015, the Federal National TPM Implementation Review FHWA and its stakeholders to Highway Administration (FHWA) Survey until after the final rulemakings; coordinate the collection of information published the National TPM and (5) Share data from the National necessary to advance the state-of-the- Implementation Review Survey and TPM Implementation Review Survey practice and further TPM capacity Information Collection Request, Docket with States, MPOs, and their respective building efforts. This approach limits
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the number of TPM related surveys to 4 burden hours for all respondents is Authority: The Paperwork Reduction Act over a number of years: estimated to be 19,500 burden hours of 1995; 44 U.S.C. chapter 35, as amended; • National TPM Implementation (975 respondents × 20 burden hours) per and 49 CFR 1.48. Review Survey (Baseline): 2016 year with survey/questionnaire requests. Issued on: April 27, 2016. • State-of-the-Practice Questionnaires: Professional Staff Time during a Michael Howell, 2018 Survey Year: Information Collection Officer. • National TPM Implementation • 20 hours/respondent × 975 [FR Doc. 2016–10296 Filed 5–2–16; 8:45 am] × Review Survey (Follow-up): 2020 respondents 1 questionnaire during a BILLING CODE 4910–22–P • State-of-the-Practice Questionnaires: survey year = 19,500 hours. 2022 Clerical Staff Time during a Survey After each survey or questionnaire, Year: DEPARTMENT OF TRANSPORTATION FHWA and its stakeholders will explore • 2 hours/respondent × 975 how to better align the information respondents × 1 questionnaire during a Federal Highway Administration collection requests with yet-to-be survey year = 1,950 hours. Notice of Final Federal Agency Actions determined performance management The aggregated associated salary cost on Transportation Project in reporting processes. The information to all respondents (975) during a survey Washington State will be collected from State, year is estimated to be $1,032,213 based metropolitan, regional, local, and/or on an average salary of $38 per hour AGENCY: Federal Highway tribal transportation agencies via (approximately $79,000 per year) for Administration (FHWA), Department of internet-based questionnaires or web professional staff and $18 per hour Transportation (DOT). applications and will be used to help (approximately $37,000 per year) for ACTION: Notice of Limitation on Claims FHWA and its partner organizations do clerical staff. Disaggregated, the total for Judicial Review of Actions by FHWA the following: average annual cost per respondent and Other Federal Agencies. • Strategically plan to meet ever during a survey year is estimated to be growing demand for TPM technical $1,058.68. The burden hours and costs SUMMARY: This notice announces actions assistance needs; are illustrated below. taken by the FHWA and other Federal • Develop and refine TPM policy and Professional Staff Cost during a agencies that are final within the guidance based on stakeholder Survey Year: meaning of 23 U.S.C. 139(l)(1). The feedback; • × actions relate to the I–5 interchange • All respondents: 19,500 hours $38 Channel resources to meet capacity per hour = $741,000. with NW., 319th Street/La Center Road development and training needs; and Æ Per respondent: (20 × $38 = $760). (La Center Interchange Improvements) • Identify and prioritize TPM Clerical Staff Cost during a Survey Project in the State of Washington. The research needs. Year: action by FHWA is the Record of Lastly, as part of FHWA’s ongoing • × Decision (ROD) that selects technical assistance efforts, a TPM All respondents: 1,950 hours $18 per hour = $35,100. improvements to the I–5 La Center Toolbox is being created to help Æ × Interchange as traffic mitigation FHWA’s partners self-assess and Per respondent (2 hours $18 per hour = $36). measures for construction of the Cowlitz benchmark their TPM implementation Reservation Development. The Cowlitz progress, capabilities, and gaps. The Total Annual Cost during a Survey Year: Reservation Development was the TPM Toolbox will also help FHWA • subject of the Bureau of Indian Affairs streamline the integration and Subtotal Direct Salaries (Professional + Clerical) $776,100. (BIA) ROD of April 2013. Actions by administration of all the efforts • other Federal agencies include issuing described above. To maximize the Overhead/fringe benefits at 33%: $256,113. amendments to previously issued effectiveness and efficiency of the TPM • permits. Toolbox, FHWA will collect business Total annual respondents cost during survey year: $1,032,213. DATES: By this notice, FHWA is advising contact and organizational demographic Æ (size of organization, location, etc.) Total average annual cost per the public of final Agency actions information along with the responses respondent during survey year: subject to 23 U.S.C. 139(l)(1). A claim submitted as part of the TPM Toolbox’s $1,058.68. seeking judicial review of the Federal self-assessment applications. Public Comments Invited: You are agency actions on the listed highway Respondents: The 975 respondents asked to comment on any aspect of this project will be barred unless the claim estimate is based on soliciting input information collection, including: (1) is filed on or before September 30, 2016. from 52 STA, 409 MPOS, and a Whether the proposed collection of If the Federal law that authorizes sampling of other State and local information is necessary for the U.S. judicial review of a claim provides a transportation entities. In most cases, DOT’s performance, including whether time period of less than 150 days for only STAs and MPOs will be surveyed. the information will have practical filing such claim, then that shorter time Frequency: Agencies will be solicited utility; (2) the accuracy of the U.S. period still applies. to provide information via a survey 1 DOT’s estimate of the burden of the FOR FURTHER INFORMATION CONTACT: For time every two years. Additionally, proposed information collection; (3) FHWA, contact Liana Liu, Area transportation agencies may submit ways to enhance the quality, usefulness, Engineer, North Central and South information more frequently by using and clarity of the collected information; Central Region, Federal Highway the TPM Toolbox’s self-assessment tool. and (4) ways that the burden could be Administration, 711 South Capital Way, Estimated Average Burden per minimized, including the use of Suite 501, Olympia, WA 98501–0943, Response: The estimated average annual electronic technology, without reducing telephone at 360–753–9553, or via email burden hours is up to 20 hours per the quality of the collected information. at [email protected]. Regular office response during a year with a survey/ The agency will summarize and/or hours are from 8:00 a.m. to 4:30 p.m., questionnaire request. include your comments in the request p.t., Monday through Friday, except Estimated Total Annual Burden for OMB’s clearance of this information Federal holidays. For Washington State Hours: The estimated total annual collection. Department of Transportation (WSDOT),
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contact Barb Aberle, Environmental Coordination Act (16 U.S.C. 661–667(d)); ACTION: Notice and request for Manager, Southwest Region, Migratory Bird Treaty Act (16 U.S.C. 703– comments. Washington State Department of 712). Transportation, 11018 NE 51st Circle, 3. Air: Clean Air Act (42 U.S.C. 7401– SUMMARY: Under with the Paperwork 7671(q)). Reduction Act of 1995 and its Vancouver, WA 98682, telephone at 4. Land: Section 4(f) of the Department of 360–905–2186, or via email at implementing regulations, FRA seeks Transportation Act of 1966 (49 U.S.C. 303); renewal of six currently-approved [email protected]. Regular office Landscaping and Scenic Enhancement hours are from 8:00 a.m. to 4:30 p.m., (Wildflowers) (23 U.S.C. 319). information collection activities. Before p.t., Monday through Friday. 5. Historic and Cultural Resources: Section submitting these information collection 106 of the National Historic Preservation Act requirements (ICRs) to the Office of SUPPLEMENTARY INFORMATION: Notice is of 1966, as amended (16 U.S.C. 470(f) et seq.); Management and Budget (OMB) for hereby given that the FHWA and other Archeological Resources Protection Act of renewed approval, FRA is soliciting Federal agencies have taken final agency 1977 (16 U.S.C. 470aa–aaa11); Native public comment on specific aspects of actions related to the I–5 Interchange American Grave Protection and Repatriation the activities identified in this notice. with NW., 319th Street/La Center Road Act (25 U.S.C. 3001–3013. DATES: 6. Social and Economic: Civil Rights Act of Comments must be received no (La Center Interchange Improvements) later than July 5, 2016. Project in the State of Washington. The 1964 (42 U.S.C. 2000(d)–2000(d)(1)); ADDRESSES: BIA prepared a Draft Environmental American Indian Religious Freedom Act (42 Submit written comments U.S.C. 1996); Farmland Protection Policy Act Impact Statement (EIS), released on on any or all of the information (7 U.S.C. 4201–4209). activities described in this notice by April 12, 2008, and Final EIS (FEIS) on 7. Wetlands and Water Resources: Clean May 30, 2008, for proposed mail to either: Mr. Robert Brogan, Water Act (33 U.S.C. 1251–1377); Land and Information Collection Clearance improvements to the I–5 NW., 319th Water Conservation Fund (16 U.S.C. 4601– Officer, Regulatory Safety Analysis Street/La Center Road Interchange. The 4604); Safe Drinking Water Act (42 U.S.C. BIA issued an ROD for the project on 300(f)–300(j)(6)); Rivers and Harbors Act of Division, RRS–21, FRA, 1200 New December 17, 2010, which approved the 1899 (33 U.S.C. 401–406); Wild and Scenic Jersey Ave. SE., Mail Stop 17, Cowlitz Reservation Development and Rivers Act (16 U.S.C. 1271–1287); Emergency Washington, DC 20590, or Ms. Kimberly Wetlands Resources Act (16 U.S.C. 3921, adopted mitigation measures Toone, Information Collection Clearance 3931); Flood Disaster Protection Act (42 Officer, Office of Information recommended within the 2008 FEIS, U.S.C. 4001–4128). including the La Center Interchange Technology, RAD–20, FRA, 1200 New 8. Executive Orders (EO): EO 11990, Jersey Ave. SE., Mail Stop 35, Improvements. After a challenge in Protection of Wetlands; EO 11988, Washington, DC 20590. Commenters United States District Court, the BIA Floodplain Management; EO 12898, Federal conducted an evaluation of adequacy of Actions to Address Environmental Justice in requesting FRA to acknowledge receipt the FEIS and issued a new ROD in April Minority Populations and Low Income of their respective comments must 2013. Populations; EO 11593, Protection and include a self-addressed stamped Implementation of the La Center Enhancement of Cultural Resources; EO postcard stating, ‘‘Comments on OMB 13007, Indian Sacred Sites; EO 13287, llll Interchange Improvements is subject to control number .’’ Preserve America; EO 13175, Consultation Alternatively, comments may be discretionary approvals from FHWA and Coordination with Indian Tribal and WSDOT. An FHWA National transmitted via facsimile to (202) 493– Governments; EO 11514, Protection and 6216 or (202) 493–6497, or via email to Environmental Policy Act (NEPA) Enhancement of Environmental Quality; EO Reevaluation was prepared in May 13112, Invasive Species. Mr. Brogan at [email protected], or 2015, to identify and document changed to Ms. Toone at [email protected]. (Catalog of Federal Domestic Assistance Please refer to the assigned OMB control environmental conditions and effects Program No. 20.205, Highway Research, associated with the La Center Planning and Construction. The regulations number in any correspondence Interchange Improvements. The FHWA implementing EO 12372 regarding submitted. FRA will summarize issued an ROD which approved the La intergovernmental consultation on Federal comments received in response to this Center Interchange Improvements and programs and activities apply to this notice in a subsequent notice and program.) adopted mitigation measures include them in its information recommended in the 2008 FEIS and collection submission to OMB for Authority: 23 U.S.C. 139(l)(1), as amended approval. May 2015 Reevaluation on July 29, by Moving Ahead for Progress in the 21st 2015.Since issuance of the FHWA ROD, Century Act, (PL 112–141, 126 Stat. 405). FOR FURTHER INFORMATION CONTACT: Mr. the design of stormwater facilities has Issued on: April 25, 2016. Robert Brogan, Information Collection Clearance Officer, Regulatory Safety been modified, consistent with Daniel M. Mathis, applicable management guidelines, and Analysis Division, RRS–21, FRA, 1200 FHWA Division Administrator, Olympia, WA. the previously proposed realignment of New Jersey Ave. SE., Mail Stop 17, NW., Paradise Park Road has been [FR Doc. 2016–10284 Filed 5–2–16; 8:45 am] Washington, DC 20590 (telephone: (202) refined. An Environmental Reevaluation BILLING CODE 4910–RY–P 493–6292), or Ms. Kimberly Toone, Report was prepared in February 2106, Information Collection Clearance Officer, Office of Information to identify and document potential DEPARTMENT OF TRANSPORTATION effects associated with changes to the La Technology, RAD–20, FRA, 1200 New Center Interchange Improvements. Federal Railroad Administration Jersey Ave. SE., Mail Stop 35, This notice applies to all Federal Washington, DC 20590 (telephone: (202) agency decisions on the project as of the [Docket No. FRA 2016–0002–N–12] 493–6132). (These telephone numbers are not toll-free.) issuance date of this notice and all laws Renewal of Agency Information SUPPLEMENTARY INFORMATION: under which such actions were taken, Collection Activities; Comment The including but not limited to: Request Paperwork Reduction Act of 1995 1. General: NEPA (42 U.S.C. 4321–4351); (PRA), Public Law 104–13, sec. 2, 109 Federal-Aid Highway Act (23 U.S.C. 109). AGENCY: Federal Railroad Stat. 163 (1995) (codified as revised at 2. Wildlife: Endangered Species Act (16 Administration (FRA), Department of 44 U.S.C. 3501–3520), and its U.S.C. 1531–1544); Fish and Wildlife Transportation. implementing regulations, 5 CFR part
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1320, require Federal agencies to of railroad cars to the transportation of Total Annual Estimated Responses: provide 60-days’ notice to the public for freight between specified points under 72. comment on information collection the conditions defined in § 215.5(d), Total Annual Estimated Burden: 20 activities before seeking approval for including stenciling, or otherwise hours. reinstatement or renewal by OMB. 44 displaying, in clear legible letters on Status: Regular review. U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), each side of the car body the words Title: Rear-End Marking Devices. 1320.10(e)(1), 1320.12(a). Specifically, ‘‘Dedicated Service.’’ A railroad must OMB Control Number: 2130–0523. FRA invites interested respondents to identify those cars in a written report to Type of Request: Extension of a comment on the following summary of FRA before the railroad assigns the cars currently-approved collection. information collection activities to dedicated service. The railroad must Affected Public: Businesses. regarding: (i) Whether the information file that report with FRA not less than Form Number(s): N/A. collection activities are necessary for 30 days before the cars operate in Abstract: Title 49 CFR part 221 FRA to properly execute its functions, dedicated service. FRA uses the contains requirements for rear end including whether the activities will information collected under § 215.5(d) marking devices and railroads must give have practical utility; (ii) the accuracy of to determine the number of railroads FRA a detailed description of the type FRA’s estimates of the burden of the affected, the number and type of cars of marking devices used for any information collection activities, involved, the commodities being locomotive operating singly or for cars including the validity of the carried, and the territorial and speed or locomotives operating at the end of methodology and assumptions used to limits within which the cars will be a train (trailing end) to ensure they meet determine the estimates; (iii) ways for operated. FRA reviews these reports to minimum standards for visibility and FRA to enhance the quality, utility, and determine if the equipment is safe to display. Specifically, part 221 requires clarity of the information being operate and if the operation qualifies for railroads to furnish a certification that collected; and (iv) ways for FRA to dedicated service. The information each device has been tested in minimize the burden of information collected indicates to FRA and State accordance with current ‘‘Guidelines for collection activities on the public by inspectors that the particular or Testing of Rear End Marking Devices.’’ automated, electronic, mechanical, or ‘‘dedicated’’ cars are in special service Additionally, part 221 requires railroads other technological collection and that certain restrictions apply to to furnish detailed test records, which techniques or other forms of information their movement under part 215. Cars not include the testing organizations, technology (e.g., permitting electronic in compliance may be cited for description of tests, number of samples submission of responses). See 44 U.S.C. violations by FRA inspectors. Railroads tested, and the test results, to 3506(c)(2)(A); 5 CFR 1320.8(d)(1). FRA also use the information collected to demonstrate compliance with the believes that soliciting public comment provide identification and control so performance standard. will promote its efforts to reduce the that dedicated cars remain in the Respondent Universe: 728 railroads. administrative and paperwork burdens prescribed service. Frequency of Submission: On Total Annual Estimated Responses: 4. associated with the collection of occasion. information Federal regulations Total Annual Estimated Burden: 4 Total Estimated Responses: 4. mandate. In summary, FRA reasons that hours. Total Estimated Annual Burden: 39 comments received will advance three Status: Regular review. hours. objectives: (i) Reduce reporting burdens; Title: Special Notice for Repairs. Status: Regular review. (ii) organize information collection OMB Control Number: 2130–0504. requirements in a ‘‘user-friendly’’ format Type of Request: Extension of a Title: Locomotive Certification to improve the use of such information; currently-approved collection. (Railroad Noise Compliance and (iii) accurately assess the resources Affected Public: Businesses. Regulations). expended to retrieve and produce Form(s): FRA F 6180.8; FRA F OMB Control Number: 2130–0527. information requested. See 44 U.S.C. 6180.8A. Type of Request: Extension of a 3501. Abstract: Under 49 CFR part 216, FRA currently-approved collection. Below are brief summaries of six and State inspectors may issue a Special Affected Public: Businesses. currently-approved information Notice for Repairs to notify railroads in Form Number(s): N/A. collection activities that FRA will writing of an unsafe condition involving Abstract: Title 49 CFR part 210 submit for OMB clearance as required a locomotive, car, or track. The railroad pertains to FRA’s noise enforcement under the PRA: must notify FRA in writing when the procedures, which encompass rail yard Title: Filing of Dedicated Cars. equipment is returned to service or the noise source standards published by the OMB Control Number: 2130–0502. track restored to a condition permitting Environmental Protection Agency Type of Request: Extension of a operations at speeds authorized for a (EPA). EPA has the authority to set these currently-approved collection. higher class, specifying the repairs standards under the Noise Control Act Affected Public: Businesses. completed. FRA and State inspectors of 1972. Information FRA collects under Form(s): N/A. use this information to remove from part 210 is necessary to ensure Abstract: Title 49 CFR part 215 service freight cars, passenger cars, and compliance with EPA noise standards contains standards for freight car safety locomotives until they can be restored for new locomotives. and prescribes certain conditions to be to a serviceable condition. They also use Respondent Universe: 2 Locomotive followed for the movement of freight this information to reduce the maximum manufacturers. cars in dedicated service. Dedicated authorized speed on a section of track Frequency of Submission: On service means the exclusive assignment until repairs can be made. occasion.
Average time Total annual CFR section Respondent universe Total annual responses per response burden hours
210.27—New Loco. Certification—Requests for Infor- 2 Locomotive Manufactur- 2 requests ...... 30 minutes ..... 1 mation. ers.
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Average time Total annual CFR section Respondent universe Total annual responses per response burden hours
—Identification of Locomotives ...... 2 Locomotive Manufactur- 790 badges/plates ...... 30 minutes ..... 395 ers. 210.31—Operation Standards—Measurement of 2 Locomotive Manufactur- 790 recorded measure- 3 hours ...... 2,370 Loco. Noise Emissions. ers. ments.
Total Estimated Responses: 1,582. Total Annual Estimated Burden Part 219 testing enhances safety and Total Estimated Annual Burden: Hours: 181 hours. serves as a deterrent to other FRFB train 2,766 hours. Status: Regular review. and dispatching service employees who Status: Regular review. Title: Foreign Railroads’ Foreign- might be tempted to engage in the unauthorized use of drugs or alcohol. Title: Railroad Police Officers. Based (FRFB) Employees Who Perform Train or Dispatching Service in the FRA uses this collection of information OMB Control Number: 2130–0537. United States. to determine the compliance of FRFB Type of Request: Extension of a OMB Control Number: 2130–0555. train and dispatching service employees currently-approved collection. Type of Request: Extension of a and their employers with the Affected Public: Railroads and States. currently-approved collection. prohibitions against the abuse of alcohol Form(s): None. Abstract: For foreign-based railroads and controlled substances as spelled out Abstract: Title 49 CFR part 207 with an FRA-approved foreign in part 219. requires railroads to notify states of all workplace alcohol and drug testing Form Number(s): None. designated police officers who perform program equivalent to subparts B, E, F, Respondent Universe: 2 railroads. their duties outside of their respective and G of 49 CFR part 219, this FRA Frequency of Submission: On jurisdictions. This requirement is regulation requires removal from service occasion. necessary to verify proper police of FRFB train and dispatching service Affected Public: Foreign-based authority. employees testing positive for railroads and their employees. Total Estimated Responses: 70. unauthorized use of alcohol and drugs. Reporting Burden:
Average time Total annual CFR section Respondent universe Total annual responses per response burden hours
219.4—Recognition of Foreign Railroads’ Workplace 2 railroads ...... 1 petition ...... 10 hours ...... 10 Testing Programs: Petitions to Agency. —Comments on Petition ...... 2 railroads/public ...... 2 comments + 2 comment 2 hours ...... 4 copies. 219.401/403/3/405—Voluntary Referral ...... 2 railroads ...... 1 self-referral ...... 2 hours ...... 2 219.4032/405 –Evaluation by Substance Abuse Pro- 2 railroads ...... 4 reports/referrals ...... 2 hours ...... 8 fessional. 219.405(c)(1)—Report by a Co-worker ...... 2 railroads ...... 1 report ...... 5 minutes ...... 08 219.609—Notice by Employee Asking to be Excused 311 employees ...... 3 documented excuses .... 30 minutes ... 2 from Random Alcohol Testing. 219.903—Retention of Urine Drug Testing Records ... 2 railroads ...... 80 records ...... 5 minutes ..... 7
Total Responses: 94. DEPARTMENT OF TRANSPORTATION evaluate innovative approaches to Total Estimated Total Annual Burden: integrated ‘‘Mobility on Demand’’ Federal Transit Administration 33 hours. (MOD) solutions within a public transportation framework. The MOD Public Transportation Innovation Status: Regular review. Sandbox Demonstration Program is Funding Opportunity; Mobility on Pursuant to 44 U.S.C. 3507(a) and 5 intended to provide a platform where Demand (MOD) Sandbox CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA integrated MOD concepts and solutions Demonstration Program informs all interested parties that it may are supported and demonstrated not conduct or sponsor, and a AGENCY: Federal Transit Administration through local partnerships in a real- respondent is not required to respond (FTA), DOT. Funding Opportunity world setting. FTA will fund project to, a collection of information unless it Number: FTA–2016–006–TRI Catalog of teams to adopt innovative business displays a currently valid OMB control Federal Domestic Assistance (CFDA) models to deliver high quality, seamless number. Number: 20.514 and equitable mobility options for all travelers. The MOD Sandbox further Authority: 44 U.S.C. 3501–3520. ACTION: Notice of Funding Opportunity emphasizes FTA’s interest in transit and Issued in Washington, DC, on April 28, (NOFO) and Solicitation of Project Proposals for the Mobility on Demand mobility innovation, and builds upon 2016. FTA’s recent XPEDITE Innovation Corey Hill, (MOD) Sandbox Demonstration Program. initiative, which sought industry input Executive Director. through an online dialogue on transit [FR Doc. 2016–10317 Filed 5–2–16; 8:45 am] SUMMARY: The Federal Transit innovation, particularly technology BILLING CODE 4910–06–P Administration (FTA) announces the trends that increase public availability of $8 Million in Fiscal Year transportation efficiency, effectiveness (FY) 2014 and FY 2016 research funds, and enhance the quality of customer for a new program to demonstrate and travel.
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This notice also includes: (1) of Transportation (DOT) that seeks to leverages technologies that allow for a Reference to a number of areas for support transit agencies and traveler-centric approach by providing demonstrations of particular interest to communities as they navigate the improved mobility options for all. FTA (to be used to guide but not limit dynamic, evolving landscape of As envisioned, the MOD Sandbox innovative proposal concepts), (2) personal mobility and integrated Demonstration Program provides a criteria that the FTA will use to identify multimodal transportation networks. forum where integrated MOD concepts projects for funding, and (3) the process The goals of FTA’s mobility research, and solutions supported through local for applying for the funding. in general, are to: partnerships are demonstrated in a real- This announcement is available on • Improve transportation efficiency world setting. FTA seeks to fund project the FTA Web site at: http:// by promoting agile, responsive, teams seeking to participate in the MOD www.fta.dot.gov. A synopsis of this accessible, and seamless multimodal Sandbox Program through funding opportunity will be posted in service inclusive of transit through demonstrations of MOD solutions the FIND module of the government- enabling technologies and innovative integrated with existing public wide electronic grants Web site at partnerships. transportation options. http://www.GRANTS.GOV. FTA will • Increase transportation The MOD Sandbox provides a space announce final selections on the FTA effectiveness by ensuring that transit is for project teams to innovate, explore Web site and may also announce fully integrated and a vital element of a partnerships, develop new business selections in the Federal Register. regional transport network that provides models, integrate transit and MOD consistent, reliable and accessible solutions, and investigate new, enabling DATES: Complete proposals are due by technical capabilities such as integrated 11:59 p.m. EDT on July 5, 2016. service to every traveler. • Enhance the customer experience or open payment systems, vehicle Complete proposals must be submitted by providing each individual equitable, prioritization schemes, or incentives for electronically through the accessible, traveler-centric service influencing traveler choices. The MOD GRANTS.GOV APPLY function. leveraging public transportation’s long- Sandbox will provide FTA the Prospective applicants should initiate standing capability and traditional role opportunity to measure project impacts, the process by registering on the in this respect. and, importantly, assess how existing GRANTS.GOV site promptly to ensure The primary objectives of this MOD FTA policies and regulations may completion of the application process Sandbox Demonstration Program are to: support or impede these new service before the submission deadline. • Enhance transit industry transportation models through Instructions for applying can be found preparedness for MOD. evaluation of all project efforts. on FTA’s Web site at http:// • Assist the transit industry to The MOD Sandbox guiding principles www.fta.dot.gov/grants/13077.html and develop the ability to integrate MOD are: in the ‘‘find’’ module of grants.gov. practices with existing transit service. • System Integration—the MOD FOR FURTHER INFORMATION CONTACT: • Validate the technical and Sandbox Program seeks operational Please send any questions on this notice institutional feasibility of innovative integration of MOD products and to [email protected], or contact MOD business models and document services with existing transit service. Christina Gikakis, MOD Program MOD best practices that may emerge Examples of this include open data Manager, Office of Research, from the demonstrations. platforms, common user interfaces, and Demonstration and Innovation, (202) • Measure the impacts of MOD on practices and technologies that 366–2637, or [email protected]. travelers and transportation systems. encourage and ensure system • SUPPLEMENTARY INFORMATION: Examine relevant public sector and interoperability. federal requirements, regulations and • Partnership Driven—MOD Sandbox Table of Contents policies that may support or impede projects should demonstrate teaming A. Program Description transit sector adoption of MOD. efforts, from public and private sectors, B. Federal Award Information The market for personal mobility is with partners committed to supporting C. Eligibility Information changing rapidly due, in part, to the proposed MOD project both 1. Eligible Applicants changing social and cultural trends as technically and institutionally. 2. Eligible Projects well as to technological advances, such • Innovative Business Model—the 3. Cost Sharing or Matching as smart phones, information processing MOD Sandbox is structured to 4. Other Requirements and widespread data connectivity. New encourage innovative business models D. Application and Submission Information mobility concepts and solutions, from 1. Address and Form of Application where MOD solution providers and Submission bike and car sharing systems to transit operators partner to collectively 2. Proposal Content innovative demand response bus deliver better service to travelers, while 3. Unique Entity Identifier and System for services, are providing travelers with mutually benefitting from the Award Management (SAM) new, flexible and tailored transportation partnership. 4. Submission Dates and Times options. These developments already • Equity of Service Delivery—MOD 5. Funding Restrictions are impacting the traditional transit Sandbox projects will demonstrate and E. Application Review market, and could conceivably disrupt promote equitable mobility service for 1. Selection Criteria current business and funding models. all travelers, including communities 2. Review and Selection Process MOD envisions a multimodal, such as low income, the aging F. Federal Award Administration 1. Federal Award Notice integrated, automated, accessible, and population, and persons with 2. Administrative and National Policy connected transportation system in disabilities, including wheelchair users. Requirements which personalized mobility is a key FTA expects that MOD Sandbox G. Federal Awarding Agency Contacts objective. MOD enables the use of on- demonstration projects will be subject to demand information, real-time data, and current regulations and policies. A. Program Description predictive analysis to provide However, FTA also understands that The MOD Sandbox Demonstration individual travelers with transportation innovations in MOD may require new Program is part of a larger MOD research choices that best serve their specific regulatory guidelines or changes to effort at FTA and the U.S. Department needs and circumstances. MOD existing regulations and policies. As
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such, FTA encourages applicants to would work with the project teams applications, practices, and service identify in their applications any under these participation agreements to models in concert with existing public regulatory or policy waivers needed for refine projects, determine eligibility of transportation systems and resources. the implementation of the proposed project activities, and review requests Eligible activities include all activities demonstration. Such requests will be for waivers or deviations from certain leading to the demonstration of the reviewed as part of the application requirements to allow projects to be innovative MOD and transit integration process. Consequently, FTA will implemented effectively and advance concept, such as planning and consider relaxing FTA rules and innovative MOD concepts and developing business models, obtaining requirements as appropriate and where solutions. equipment and service, acquiring/ possible to advance innovative mobility developing software and hardware C. Eligibility Information services and business models. This also interfaces to implement the project, and corresponds to comments received 1. Eligible Applicants operating the demonstration. through FTA’s online dialogue, known Eligible applicants under this notice Eligible projects must respond to the as the XPEDITE Innovation initiative, are providers of public transportation, guiding principles of the MOD Sandbox: where the transit research community including public transit agencies, state/ System Integration; Partnership Driven; expressed interest in having FTA local government DOTs, and federally Innovative Business Model; and Equity address barriers to implementing recognized Indian tribes. Eligible of Service Delivery. Projects should also innovative demonstration projects, applicants must identify one or more consider how to address accessibility for including examining policy and persons with disabilities, including regulatory requirements. strategic project partner(s) with a substantial interest and involvement in persons who use wheelchairs, and for B. Federal Award Information the project. Applications must clearly older Americans, affordability for identify the eligible applicant and all individuals with lower incomes, Section 5312 of Title 49, United States impacts on the local community, broad Code, as amended by MAP–21 and the project partners on the project team. Eligible project partners under this access to mobility options for all FAST Act, authorizes FTA’s Research, travelers, payment options that can Development, Demonstration and program may include, but are not limited to: accommodate all users, including the Deployment program. Through this unbanked, and provisions for leveraging program, FTA may make grants, or enter a. Private for-profit and not-for-profit organizations, including shared use the system for emergency transportation into contracts, cooperative agreements needs. and other agreements for research, mobility providers, and technology system suppliers; To help guide the thinking on development, demonstration and developing a proposal, the following is deployment projects, and evaluation of b. Operators of transportation services, such as employee shuttle a list of potential MOD applications that research and technology of national proponents may find helpful in scoping significance to public transportation services, airport connector services, university transportation systems, or their prospective projects. FTA strongly that the Secretary of Transportation encourages applicants to propose determines will improve public parking and tolling authorities; c. State or local government entities; innovative approaches, business transportation. models, technology applications and The MOD Sandbox projects are d. Other organizations that may collaborative partnerships that meet the funded under Section 5312 program contribute to the success of the project guiding principles of the MOD Sandbox, authority. A total of $8 Million in FY team including consultants, research satisfy the evaluation criteria, and 2014 and FY 2016 funds are available consortia or not-for-profit industry support the demonstration of enhanced, for awards under this announcement. organizations, and institutions of higher traveler-centric mobility with public FTA intends to award multiple MOD education. transportation as an integrated Sandbox demonstration projects under The applicant must have the ability to component. this announcement. carry out the proposed agreement and FTA may, at its discretion, provide procurements, if needed, with project Innovative Use Cases additional funds for selections made partners in compliance with Federal, • First mile/last mile connectivity under this announcement or for State, and local laws. Applicants can • Provisioning of ADA paratransit additional meritorious proposals from designate any partner as a key partner services funds made available by the FAST Act that shares the costs, risks, and rewards • Urban center/community short for Section 5312 of Title 49, United of early deployment and demonstration distance mobility States Code. FTA seeks MOD Sandbox of innovation. FTA may also determine • Off-peak, late night services projects that can be implemented within that any named project partner in the • Human service transportation (e.g., 12 months of program award, and are proposal is a key partner and make any Rides to Wellness) demonstrated and evaluated for a award conditional upon the • Service disruption/incident minimum of 12 months. participation of that key partner. A key management preparedness FTA recognizes that the funding made partner is essential to the project as • Local land use and development available under this announcement for approved by FTA and is therefore incentives (e.g., retirement the Sandbox program may be eligible for a noncompetitive award by communities) insufficient to fund all meritorious the applicant to provide the goods or • Integration or support for use of zero- projects. For meritorious projects not services described in the application. A emission technologies and vehicles selected for funding, FTA may, at its key partner’s participation on a selected • Congestion mitigation discretion, invite project teams to take project may not later be substituted part in the Sandbox through a without FTA’s knowledge and approval. Collaborative Multimodal Service participation agreement that does not • Augmentation of existing public 2. Eligible Projects award MOD Sandbox Program funding transportation resources to the project but provides project FTA is seeking bold and innovative • Shared-use, on demand services sponsors the flexibility that the program ideas to demonstrate improved personal • Paratransit, demand-response services confers upon funded grantees. FTA mobility using emerging technologies, • Parking/tolling applications
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• Employee, neighborhood or campus includes information the applicant form designated for the MOD Sandbox shuttles considers to be trade secret or Program and attach it to their • Enhanced airport ground confidential commercial or financial submission in GRANTS.GOV to transportation information, the applicant should do the successfully complete the application • Intercity services following: (1) Note on the front cover process. A proposal submission may that the submission ‘‘Contains contain additional supporting Enabling Technologies and Enhanced Confidential Business Information documentation as attachments. Service Capabilities (CBI)’’; (2) mark each affected page Within 48 hours after submitting an • Integrated or open payment systems ‘‘CBI’’; and (3) highlight or otherwise electronic application, the applicant • Internet of Things/Smart City denote the CBI portions. FTA protects should receive three email messages applications such information from disclosure to the from GRANTS.GOV: (1) Confirmation of • Advanced traveler information extent allowed under applicable law. In successful transmission to systems the event that FTA receives a Freedom GRANTS.GOV, (2) confirmation of • Traveler decision support systems of Information Act (FOIA) request for successful validation by GRANTS.GOV, • Gamification as traveler engagement the information, FTA will follow the and (3) confirmation of successful tools (such as games, rewards, and procedures described in the U.S. DOT validation by FTA. If confirmations of incentives) FOIA regulations at 49 CFR 7.17. Only successful validation are not received • Crowdsourcing of travel information information that is ultimately and a notice of failed validation or • Open data and big data analytics determined to be confidential under that incomplete materials is received, the • Connected/automated vehicles procedure will be exempt from applicant must address the reason for the failed validation, as described in the 3. Cost Sharing or Matching disclosure under FOIA. Should FTA receive an order from a court of email notice, and resubmit before the The federal share of project costs competent jurisdiction ordering the submission deadline. If making a under this program is limited to 80 release of the information, FTA will resubmission for any reason, include all percent. Proposers may seek a lower provide applicant timely notice of such original attachments regardless of which Federal contribution. The applicant order to allow the applicant the attachments were updated and check must provide the local share of the net opportunity to challenge such an order. the box on the supplemental form project cost in cash, or in-kind, and FTA will not challenge a court order on indicating this is a resubmission. must document in its application the behalf of applicant. FTA urges proposers to submit their source of the local match. Eligible applications at least 72 hours prior to sources of local match are detailed in b. Participation in Information Exchange the due date to allow time to receive the FTA Research Circular 6100.1E. MOD Sandbox teams may be asked to validation messages and to correct any (available at http://www.fta.dot.gov/ participate in MOD information problems that may have caused a legislation_law/12349_16434.html). exchange meetings, webinars, or rejection notification. FTA will not accept submissions after the stated 4. Other Requirements outreach events where MOD Sandbox teams share information with other submission deadline. GRANTS.GOV a. Evaluation and Data Requirements teams and the mobility industry on the scheduled maintenance and outage times are announced on the In order to achieve a comprehensive progress and results of their MOD Sandbox activities. These sessions will GRANTS.GOV Web site at http:// understanding of the impacts and www.GRANTS.GOV. Deadlines will not implications of each proposed MOD assist the FTA in identifying policy and implementation issues as they emerge. be extended due to scheduled business model and demonstration, maintenance or outages. FTA, or its designated independent D. Application and Submission Proposers are encouraged to begin the evaluator, requires access to project Information process of registration on the data. Projects should include a data GRANTS.GOV site well in advance of 1. Address and Form of Application capture component that allows for the the submission deadline. Registration is Submission reliable and consistent collection of a multi-step process, which may take information relevant to gauging the Project proposals must be submitted several weeks to complete before an impact and outcomes of the electronically through http:// application can be submitted. Registered demonstration. www.GRANTS.GOV. Mail and fax proposers may still be required to take At any time during the period of submissions will not be accepted. steps to keep their registration up to performance, the project team may be A complete proposal submission will date before submissions can be made requested to coordinate data collection consist of at least two files: (1) The SF successfully: (1) Registration in the activities in order to provide interim 424 Mandatory form (downloaded from System for Award Management (SAM) information under the requirements of GRANTS.GOV); (2) the Applicant and is renewed annually and (2) persons this award. A project team may be asked Proposal Profile supplemental form for making submissions on behalf of the to provide the data directly to FTA or MOD Sandbox Program (supplemental Authorized Organization Representative to a designated independent evaluator. form) found on the FTA Web site at (AOR) must be authorized in This information, if requested, will be http://www.transit.dot.gov/research- GRANTS.GOV by the AOR to make used to conduct program evaluation innovation/mobility-demand-mod- submissions. Instructions on the during the execution of the project and sandbox-program.html. The GRANTS.GOV registration process are after it has been completed. supplemental form provides guidance listed in the Appendix. All information submitted as part of and a consistent format for proposers to Information such as proposer name, or in support of the MOD Sandbox respond to the criteria outlined in this Federal amount requested, local match project shall use publicly available data NOFO, and enables FTA to collect amount, description of transportation or data that can be made public and information to evaluate proposal service, etc. may be requested in varying methodologies that are accepted by submissions as described in section D.2 degrees of detail on both the SF 424 industry practice and standards, to the of this notice ‘‘Proposal Content’’. form and supplemental form. Proposers extent possible. If the submission Proposers must use the supplemental must fill in all fields unless stated
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otherwise on the forms. Proposers project to the individual travelers and STEP 1: Obtain DUNS Number: Same should use both the ‘‘Check Package for the community. day. If requested by phone (1–866–705– Errors’’ and the ‘‘Validate Form’’ f. A description of the extent to which 5711) DUNS is provided immediately. If validation buttons on both forms to the proposed project is replicable in your organization does not have one, check all required fields on the forms, other communities, and the national you will need to go to the Dun & and ensure that the federal and local significance of the project, if any. Bradstreet Web site at http:// amounts specified are consistent. g. A description of how, and the fedgov.dnb.com/webform to obtain the extent to which the proposed project 2. Proposal Content number. addresses accessible and equitable STEP 2: Register With SAM: Three to At a minimum, every proposal must mobility service for all travelers, five business days or up to two weeks. include an SF–424 form, with the including communities such as low If you already have a Taxpayer ID Applicant and a Proposal Profile income, the aging population, and Number, your SAM registration will supplemental form attached. The persons with disabilities, including take 3–5 business days to process. If you Applicant and Proposal Profile wheelchair users. are applying for an Employer supplemental form for MOD Sandbox h. A description of any exceptions or Identification Number please allow up Program found on the FTA Web site at waivers to Federal, State or local to two weeks. Ensure that your http://www.transit.dot.gov/research- requirements or policies that the project organization is registered with the innovation/mobility-demand-mod- team seeks in order to successfully and System for Award Management (SAM). sandbox-program.html. fully implement the proposed project. www.sam.gov. If your organization is All applicants are required to provide i. Details on types of data that will be not, an authorizing official of your detailed information on the Applicant generated and how the project team will organization must register. and Proposal Profile supplemental form, provide access for FTA or its designee including: to this project-related data for purposes STEP 3: Username & Password: Same a. A discussion of the overall goals of of evaluation. day. Complete your AOR (Authorized the proposed project, including the j. A timeline of project Organization Representative) profile on current state of MOD practices in the implementation detailing all significant Grants.gov and create your username community or service area of the milestones and the roles of the and password. You will need to use proposed project, current challenges in responsible project partners. The your organization’s DUNS Number to providing robust, flexible and accessible timeline should include such elements complete this step. https:// transportation options, integration as when the project will start, when it apply07.grants.gov/apply/OrcRegister. challenges or gaps, and how the will be fully operational, and length of STEP 4: AOR Authorization: Same proposed project will address those time for anticipated data collection day (depending on responsiveness of needs. The discussion should include a activities. your E-Biz POC). The E-Business Point description of the current opportunities k. Financials and Budget of Contact (E-Biz POC) at your to improve mobility choices for all, and i. Identify funding requirements for organization must login to Grants.gov to if applicable, recent trends or the proposed project, noting the specific confirm you as an Authorized developments (local and/or national) sources and uses for the funds Organization Representative (AOR). that make this proposed project proposed, with enough detail to indicate Please note that there can be more than particularly timely. the various key components of the one AOR for your organization. In some b. A description of the proposed project. cases the E-Biz POC is also the AOR for project scope to include all MOD ii. Document the matching funds, an organization. products and services that the project including amount and source of the STEP 5: TRACK AOR STATUS: At will incorporate, including a description match (may include local or private any time, you can track your AOR status of the MOD interface technology that sector financial participation in the by logging in with your username and will be developed or acquired to project), or documents supporting the password. Login as an Applicant (enter integrate the MOD project elements with commitment of non-federal funding to your username & password you local transit services. the project, or a timeframe upon which obtained in Step 3) under applicant c. A description of the project those commitments would be made. profile. partners, their roles, and their Applicants may attach to the anticipated contributions. Indicate supplemental form supporting materials 4. Submission Dates and Times which of the project partners are ‘‘key and documentation as appropriate. Project proposals must be submitted partners’’ essential to the success of the Applicants are encouraged to clearly electronically through http:// proposed project. Additionally, the reference all attachments in the www.GRANTS.GOV by 11:59 p.m. EDT project team is encouraged to provide Applicant and Proposal supplemental on July 5, 2016. letters of commitment or support from form. Suggested attachments include each of the project partners as well as graphics, maps, letters of support, and 5. Funding Restrictions any agreements among the project other documents to support the partners. proposal. Funds under this NOFO cannot be d. A description of the business used to reimburse projects for otherwise model or approach that will be used to 3. Unique Entity Identifier and System eligible expenses incurred prior to FTA implement the MOD Sandbox for Award Management (SAM) award of a Grant Agreement or demonstration project and any public/ Registration in Brief: Registration can Cooperative Agreement unless FTA has private partnerships formed to achieve take as little as 3–5 business days, but issued a ‘‘Letter of No Prejudice’’ for the the project objectives. Specify any since there could be unexpected steps or project before the expenses are incurred. unique or innovative approaches used delays (for example, if you need to The MOD Sandbox Program is a to coordinate and coalesce the project obtain an Employer Identification research and development effort and as partners. Number), FTA recommends allowing such FTA Research Circular 6100.1E e. A discussion of the expected ample time, up to several weeks, for rules will apply in administering the outcomes and benefits of the proposed completion of all steps. program.
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E. Application Review e. Support for Data Collection and b. Grant Requirements Evaluation—Documented commitment 1. Selection Criteria to participate in data collection, Successful proposals will be awarded Projects will be evaluated by FTA evaluation and transfer of lessons through FTA’s Transit Award according to the following five learned. Documented willingness to Management System (TrAMS) as evaluation criteria and based on the participate in data collection and Cooperative Agreements. information provided in each proposal. evaluation including an expressed c. Planning FTA strongly encourages each proposer commitment from the project team to to demonstrate the responsiveness of a grant access to project related data to The FTA encourages proposers to project to all criteria shown below with FTA or FTA’s designee to facilitate engage the appropriate State the most relevant information that the effective evaluation of project impacts. Departments of Transportation, Regional proposer can provide. 2. Review and Selection Process Transportation Planning Organizations, The FTA will assess the extent to or Metropolitan Planning Organizations which a project addresses the following A technical evaluation panel in areas likely to be served by the criteria: comprising FTA and other U.S. DOT project funds made available under this a. Project Impact and Outcomes— staff will review project proposals programs. Extent to which the project is consistent against the evaluation criteria listed with overarching MOD goals to deliver above. The technical evaluation d. Standard Assurances high quality, seamless, accessible, and committee may seek clarification from equitable mobility options to all The applicant assures that it will any proposer about any statement made comply with all applicable Federal travelers; provides support for the MOD in a proposal. The FTA may also request statutes, regulations, executive orders, Sandbox Program objectives; provides a additional documentation or FTA circulars, and other Federal platform for integration of mobility information to be considered during the administrative requirements in carrying options in a community; and has evaluation process. After the evaluation out any project supported by the FTA national or regional applicability by of all eligible proposals, the technical providing a replicable model for other evaluation committee will provide grant. The applicant acknowledges that communities. project recommendations to the FTA it is under a continuing obligation to b. Project Approach and Business Administrator. The FTA Administrator comply with the terms and conditions Model—Quality of the project approach will determine the final list of project of the grant agreement issued for its and business model, including interface selections, and the amount of funding project with FTA. The applicant design, existing partnerships and local for each project. Geographic diversity, understands that Federal laws, efforts toward MOD, collaboration diversity of project type, and the regulations, policies, and administrative strategies among the project partners, applicant’s receipt of other Federal practices might be modified from time mechanism for involving travelers in the funding may be considered in FTA’s to time and may affect the process and strategy for garnering award decisions. implementation of the project. The support from the community. Projects applicant agrees that the most recent will also be evaluated on the extent to F. Federal Award Administration Federal requirements will apply to the which the proposed project incorporates project, unless FTA issues a written innovative technologies and practices; The FTA intends to fund multiple meritorious projects to support determination otherwise. The applicant the ability of the team to implement the must submit the Certifications and demonstration effort within 12 months executing eligible project activities. Due to funding limitations, proposers that Assurances before receiving a grant if it of program selection; and the extent to does not have current certifications on which the proposed business model is are selected for funding may receive less file. sustainable beyond the MOD Sandbox than the amount originally requested. project period of performance. 1. Federal Award Notice e. Reporting c. Team Capacity and Commitment— Extent to which the team can Subsequent to an announcement by Post-award reporting requirements successfully implement the proposed the Federal Transit Administration of include submission of Federal Financial project, including the qualifications and the final project selections posted on the Reports and Milestone Reports in FTA’s experience of the team and their FTA Web site, FTA may publish a list electronic grants management system on documented commitment to the project of the selected projects, including a quarterly basis for all projects. objectives. Evaluation includes project Federal dollar amounts and recipients. G. Federal Awarding Agency Contacts management and technical capabilities of the team, including past program 2. Administrative and National Policy Requirements For further information concerning management performance, quality and this notice please contact the FTA MOD availability of match, and evidence of a. Pre-Award Authority Program staff via email at commitment, such as partnership [email protected], or contact agreements or letter of commitment The FTA will issue specific guidance Christina Gikakis, FTA MOD Program from project partners. to recipients regarding pre-award manager, at 202–366–2637. A TDD is authority at the time of selection. The d. Equity and Accessibility—Extent to available for individuals who are deaf or which the proposed project addresses FTA does not provide pre-award hard of hearing at 1–800–877–8339. equity and accessibility to authority for competitive funds until transportation systems and incorporates projects are selected and even then there Carolyn Flowers, a service-to-all approach that provides are Federal requirements that must be Acting Administrator. mechanisms for all travelers to met before costs are incurred. [FR Doc. 2016–10320 Filed 5–2–16; 8:45 am] participate and benefit from the MOD Preparation of proposals is not an concepts and outcomes eligible pre-award expense. BILLING CODE P
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DEPARTMENT OF TRANSPORTATION • E-Gov Web site: http:// FOR FURTHER INFORMATION CONTACT: www.Regulations.gov. This site allows General: Kay McIver by telephone at Pipeline and Hazardous Materials the public to enter comments on any 202–366–0113 or email at kay.mciver@ Safety Administration Federal Register notice issued by any dot.gov or Todd DelVecchio by [Docket No. PHMSA–2016–0028] agency. telephone at 202–748–2597 or email at • Fax: 1–202–493–2251. [email protected]. • Pipeline Safety: Request for Special Mail: Docket Management System: Technical: Vincent Holohan by Permit U.S. Department of Transportation telephone at 202–366–1933 or email at (DOT), Docket Operations, M–30, West [email protected]. AGENCY: Pipeline and Hazardous Building Ground Floor, Room W12–140, Materials Safety Administration 1200 New Jersey Avenue SE., SUPPLEMENTARY INFORMATION: PHMSA (PHMSA); DOT. Washington, DC 20590. has received this request for a special ACTION: Notice. • Hand Delivery: DOT Docket permit from TOC seeking relief from Management System: DOT, Docket compliance with certain pipeline safety SUMMARY: Pursuant to the Federal Operations, M–30, West Building regulations. TOC’s request includes a Pipeline Safety Laws, PHMSA is Ground Floor, Room W12–140, 1200 technical analysis. This request can be publishing this notice of a special New Jersey Avenue SE., Washington, found at http://www.Regulations.gov permit request we have received from DC 20590 between 9:00 a.m. and 5:00 under docket number PHMSA–2016– TransMontaigne Operating Company p.m., Monday through Friday, except 0028. We invite interested persons to L.P. (TOC), a hazardous liquid pipeline Federal holidays. participate by reviewing this special operator, seeking relief from compliance Instructions: You should identify the permit request at http:// with certain requirements in the Federal docket number for the special permit www.Regulations.gov, and by pipeline safety regulations. This notice request you are commenting on at the submitting written comments, data or seeks public comments on this request, beginning of your comments. If you other views. including comments on any safety or submit your comments by mail, please Before acting on this special permit environmental impacts. At the submit two copies. To receive request, PHMSA will evaluate all conclusion of the 30-day comment confirmation that PHMSA has received comments received on or before the period, PHMSA will evaluate the your comments, please include a self- closing date of the comment period. request and determine whether to grant addressed stamped postcard. Internet Comments received after the closing or deny a special permit. users may submit comments at http:// date will be evaluated if it is possible to DATES: Submit any comments regarding www.Regulations.gov. do so without incurring additional this special permit request by June 2, Note: Comments are posted without expense or delay. PHMSA will consider 2016. changes or edits to http:// each relevant comment we receive in ADDRESSES: Comments should reference www.Regulations.gov, including any making our decision to grant or deny a the docket number for this specific personal information provided. There is request. special permit request and may be a privacy statement published at PHMSA has received the following submitted in the following ways: http://www.Regulations.gov. special permit request:
Docket No. Requester Regulation affected Nature of special permit
PHMSA–2016–0028 ...... TransMontaigne Operating 49 CFR 195.3 and To authorize TOC to construct above ground storage Company L.P. (TOC). 195.132(3). tanks at TOC’s Collins, Mississippi Storage Facility to the most current edition of API 650 incorporated in § 195.3. ‘‘Welded Steel Tanks for Oil Storage’’ (12th edition, Add. 1 September 2014).
Issued in Washington, DC, on April 28, 2016, under authority delegated in 49 U.S.C. 60118(c)(1) and 49 CFR 1.97. Alan K. Mayberry, Deputy Associate Administrator for Policy and Programs. [FR Doc. 2016–10326 Filed 5–2–16; 8:45 am] BILLING CODE 4910–60–P
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Part II
Department of Commerce
National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Skagway Gateway Initiative Project; Notice
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DEPARTMENT OF COMMERCE information or otherwise sensitive or allowable under the specific regulations. protected information. Under section 101(a)(5)(D), NMFS may National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: authorize such incidental taking by Administration Laura McCue, Office of Protected harassment only, for periods of not more than one year, pursuant to requirements RIN 0648–XE440 Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: and conditions contained within an Takes of Marine Mammals Incidental to Incidental Harassment Authorization Availability Specified Activities; Taking Marine (IHA). The establishment of Mammals Incidental to the Skagway An electronic copy of the MOS’s prescriptions through either specific Gateway Initiative Project application and supporting documents, regulations or an authorization requires as well as a list of the references cited notice and opportunity for public AGENCY: National Marine Fisheries in this document, may be obtained by comment. Service (NMFS), National Oceanic and visiting the Internet at: http:// NMFS has defined ‘‘negligible Atmospheric Administration (NOAA), www.nmfs.noaa.gov/pr/permits/ impact’’ in 50 CFR 216.103 as ‘‘an Commerce. incidental/construction.htm. In case of impact resulting from the specified ACTION: Notice; proposed incidental problems accessing these documents, activity that cannot be reasonably harassment authorization; request for please call the contact listed above. expected to, and is not reasonably likely to, adversely affect the species or stock comments. National Environmental Policy Act (NEPA) through effects on annual rates of SUMMARY: NMFS has received a request recruitment or survival.’’ Except with from the Municipality of Skagway We are preparing an Environmental respect to certain activities not pertinent (MOS) for authorization to take marine Assessment (EA) in accordance with here, the MMPA defines ‘‘harassment’’ mammals incidental to reconstructing NEPA and the regulations published by as: any act of pursuit, torment, or the existing ore dock in Skagway the Council on Environmental Quality annoyance which (i) has the potential to Harbor, Alaska, referred to as the and will consider comments submitted injure a marine mammal or marine Skagway Gateway Initiative project. The in response to this notice as part of that mammal stock in the wild [Level A MOS requests that the IHA be valid for process. The EA will be posted at the harassment]; or (ii) has the potential to 1 year, from July 1, 2016 through June foregoing Web site once it is finalized. disturb a marine mammal or marine 30, 2017. Pursuant to the Marine Background mammal stock in the wild by causing Mammal Protection Act (MMPA), NMFS disruption of behavioral patterns, Sections 101(a)(5)(A) and (D) of the is requesting public comment on its including, but not limited to, migration, MMPA (16 U.S.C. 1361 et seq.) direct proposal to issue an incidental breathing, nursing, breeding, feeding, or the Secretary of Commerce to allow, harassment authorization (IHA) to the sheltering [Level B harassment]. MOS to incidentally take, marine upon request by U.S. citizens who mammals for its reconstruction of the engage in a specified activity (other than Summary of Request Skagway ore terminal in Skagway, AK. commercial fishing) within a specified On December 2, 2015, NMFS received area, the incidental, but not intentional, DATES: Comments and information must an application from the Municipality of taking of small numbers of marine Skagway (MOS) for the taking of marine be received no later than June 2, 2016. mammals, providing that certain mammal incidental to reconstructing ADDRESSES: Comments on the findings are made and the necessary the Skagway ore terminal (SOT) in application should be addressed to Jolie prescriptions are established. Skaway Harbor, Skagway, Alaska, Harrison, Chief, Permits and The incidental taking of small referred to as the Skagway Gateway Conservation Division, Office of numbers of marine mammals may be Initiative project. On January 22, 2016 Protected Resources, National Marine allowed only if NMFS (through and March 14, 2016, and March 17, Fisheries Service. Physical comments authority delegated by the Secretary) 2016 NMFS received revised should be sent to 1315 East-West finds that the total taking by the applications. NMFS determined that the Highway, Silver Spring, MD 20910 and specified activity during the specified application was adequate and complete electronic comments should be sent to time period will (i) have a negligible on April 1, 2016. MOS proposes to [email protected]. impact on the species or stock(s) and (ii) conduct in-water work that may Instructions: NMFS is not responsible not have an unmitigable adverse impact incidentally harass marine mammals for comments sent by any other method, on the availability of the species or (i.e., pile driving and removal) at the ore to any other address or individual, or stock(s) for subsistence uses (where terminal. Take, by Level B Harassment, received after the end of the comment relevant). Further, the permissible of individuals of six species of marine period. Comments received methods of taking and requirements mammals is anticipated to results from electronically, including all pertaining to the mitigation, monitoring the specified activity. This IHA would attachments, must not exceed a 25- and reporting of such taking must be set be valid from July 1, 2016 through June megabyte file size. Attachments to forth, either in specific regulations or in 30, 2017. electronic comments will be accepted in an authorization. Microsoft Word or Excel or Adobe PDF The allowance of such incidental Description of the Specified Activity file formats only. All comments taking under section 101(a)(5)(A), by received are a part of the public record harassment, serious injury, death, or a Overview and will generally be posted to the combination thereof, requires that The MOS is seeking an IHA for work Internet at http://www.nmfs.noaa.gov/ regulations be established. that includes demolition of existing in- pr/permits/incidental/construction.htm Subsequently, a Letter of Authorization water and over-water infrastructure without change. All personal identifying may be issued pursuant to the including in-water removal of timber, information (e.g., name, address) prescriptions established in such steel, and concrete piling; mechanical voluntarily submitted by the commenter regulations, providing that the level of dredging of and upland beneficial reuse may be publicly accessible. Do not taking will be consistent with the or disposal of contaminated sediments submit confidential business findings made for the total taking in the Skagway Ore Terminal (SOT)
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basin of Skagway Harbor; and To minimize impacts to Hooligan dolphins and catwalks, depending on construction of new infrastructure (Thaleichtys pacificus), Pacific herring funding). including a bulkhead wall at the (Clupea pallasii), capelin (Mallotus The SOT was constructed in 1968, northern end of the Terminal basin, a catervarius), and other forage fish and pier access accommodates vessels wharf structure at the western edge of species that are part of the prey base for in the 35,000 DWT class (AIDEA 2008). the SOT, an ore loader and supporting many marine mammals including seals, The Port of Skagway has provided key infrastructure, seven new or refurbished sea lions, and baleen whales, in-water transportation import/export capacity moorage dolphins and associated construction timing has been planned to for the Yukon for over a century. The catwalks, and a concrete floating dock avoid major spawning and migration construction activities are designed to and associated gangways (or an times (April 1 through May 31). upgrade and enhance current shipping additional three moorage dolphins and needs and increase the capacity and Specified Geographic Region catwalks, depending on funding). efficiency of the existing terminal for Development of this new infrastructure The proposed activities will occur at shipment and export. It will spring open involves a combination of in-water, the SOT located in Skagway Harbor, new international business from cruise over-water, and upland work. Alaska, on the Taiya Inlet/Lynn Canal ships, container traffic, mining The project’s timing, duration, and water body. The Project is located in resources, and energy production, specific types of activities (such as pile Section 26 and 35, T 30 S, R 59 E, revitalizing investment in Skagway, the driving and dredging) may result in the Copper River Meridian; United States Port and the Region. incidental taking by acoustical Geological Survey Quad Map Skagway Existing structures to be demolished harassment of marine mammals B–1; Latitude 59.45 degrees North (N), include the eastern extent of the timber protected under the MMPA. The MOS is Longitude 135.31 degrees West (W) (see pier, the ore loader and concrete and requesting an IHA for six marine Figure 1 of the MOS’s application). steel foundation, fuel infrastructure mammal species: Harbor seal (Phoca Skagway Harbor is located at the (timber dock and piping), the concrete viutlina), Steller sea lion (Eumetopias southwestern end of the 2.5-mile-long Alaska Marine Lines (AML) pier, and up jubatus), harbor porpoise (Phocoena Skagway River valley. The Skagway to five concrete and steel moorage phocoena), Dall’s porpoise River empties into Taiya Inlet at the dolphins (see sheets 1 and 2 of the (Phocoenoides dalli), killer whale head of Lynn Canal, the northernmost MOS’s application). The existing (Orcinus orca), and humpback whale fjord on the Inside Passage of the south infrastructure will be demolished using (Megaptera novaeangliae), that may coast of Alaska. Pullen Creek empties heavy, land- or water-based (i.e., from a occur in the vicinity of the project. into the inlet on the southeast side of barge) equipment. The contractor will the valley. be required to implement best Dates and Duration management practices (BMPs) to Detailed Description of Activities Pile installation and extraction minimize environmental impacts from associated with the SOT project will The proposed action for this IHA demolition. In total, demolition actions begin no sooner than July 01, 2016 and request includes demolition of existing are expected to take 39 days to will be completed no later than June 30, in- and overwater infrastructure complete. 2016 (1 year following IHA issuance). including in-water removal of timber, Demolition of the infrastructure will Pile driving activities are proposed to steel, and concrete piling; mechanical generally occur as follows: Above-water occur from the end of July to the dredging of and upland beneficial reuse infrastructure, including concrete pads, beginning of October 2016 and again in or disposal of contaminated sediments timber decking, pile caps, utilities, and March 2017 for a total of about 155 in the SOT basin (Terminal basin) of piping will be removed. Timber piles hours over the course of approximately Skagway Harbor; and construction of will then be extracted entirely using a 73 days in 2016 and 2017. Pile removal new infrastructure including a bulkhead vibratory hammer or broken off at the will occur in July 2016 and December wall at the northern end of the Terminal mudline if extraction is not practical. 2016 to January 2017 for a total of about basin, a wharf structure at the western The timber piles will be removed as 117 hours over the course of edge of the SOT, an ore loader and both a source control measure (i.e., approximately 39 days in 2016 and supporting infrastructure, seven new or through removal of creosote-treated 2017. Dredging will occur from January refurbished moorage dolphins and timber piles) and as a necessary step to through the beginning of March 2017, associated catwalks, and a concrete perform environmental dredging in this for a total of about 400 hours over 40 floating dock and associated gangways area. Table 1 shows the total number of days in the winter of 2017. (or an additional three moorage piles to be removed during demolition.
TABLE 1—NUMBER OF PILES TO BE REMOVED VIA DEMOLITION
Number of Creosote- Number of treated piles to steel piles to be removed be removed
Timber Pier ...... 400 50 Ore Loader ...... 0 50 AML Pier ...... 0 15 Fuel Infrastructure ...... 0 4 Moorage Dolphins2 ...... 0 0
Total ...... 400 119
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The vertical and horizontal and structural considerations, for a total section, specific overwater structures boundaries of the proposed dredging surface area of 62,245 ft2 to be removed. are planned to be demolished prior to were designed to remove impacted The estimated contaminated material the start of dredging. In total, dredging sediments (i.e., sediments with metals planned to be removed is 17,300 cubic actions are expected to take 40 days to and/or polycyclic aromatic hydrocarbon yards. An additional 9,000 cubic yards complete. of uncontaminated material may be (PAH) concentrations exceeding the Construction of new in- and dredged for the installation of the sediment cleanup objectives [SCOs]). overwater infrastructure is proposed, floating dock. Pending the outcome of a The SCOs were chosen to be the including the AML bulkhead wall, cleanup objective level based on treatability study, dredged sediments will either be beneficially reused in wharf structure, and ore loader. In discussions in the April 13, 2015, upland areas or transported to a suitable addition, either a concrete floating dock meeting between Bruce Wanstall upland landfill at the discretion of or additional moorage dolphins (ADEC), Dr. Chad Gubala (MOS), and ADEC. connected by a catwalk will be Derek Koellmann (Anchor QEA). The All dredging will be performed using constructed. Whether the concrete current estimated dredge volume up-to a seven-cubic-yard clamshell floating dock or moorage dolphins and (including a 1-foot over-dredge to bucket. Use of an environmental bucket catwalk are constructed depends on account for equipment tolerances) is was considered, but was deemed available funding. All piles will be 41,000 ft2, and the associated infeasible given the nature and installed using a vibratory and/or approximate surface area is 21,245 ft2, composition of the sediments to be impact hammer. Piles to be installed are pending final design and geotechnical dredged. As noted in the demolitions summarized in Table 2.
TABLE 2—PILES TO BE INSTALLED
Pile size and number Square Project component footage of sea 24 in 36 in 48 in 60 in Total floor impacts
AML Bulkhead Wall ...... 0 0 0 0 0 0 Wharf Structure at Ore Dock ...... 16 20 4 0 40 241.9 Ore Loader and Foundation ...... 0 58 0 0 58 410.0 Moorage Dolphins and Catwalk ...... 0 70 0 0 70 494.8 Fuel Infrastructure ...... 0 17 0 0 17 120.2 Concrete Floating Dock Structure ...... 3 14 0 7 21 245.8
Total, Concrete Floating Dock ...... 19 179 4 7 209 1,512.7
The proposed wharf bulkhead wall MLLW. The ramp will be installed by will be a 300-by-50-foot concrete will be constructed of steel sheet pile crane. structure supported by seven 60-inch- walls in the form of a rectangle of A new ore loader is proposed in the diameter piles and fourteen 36-inch- approximately 220 by 75 feet (16,500 harbor, including a loader, foundation, diameter piles. The finished height will square feet). The top of the walls will be and access platform. The proposed ore vary with the tide; the dock will have at approximately 30 feet above MLLW, loader foundation will be a steel and approximately 7 feet of freeboard above and the future bottom of the walls at a concrete structure, 50 by 50 feet and the waterline. Piles will be installed depth of –4 feet MLLW. The structure supported by fifty 36-inch-diameter with a vibratory and/or impact hammer. will be filled with 2,000 to 4,000 cubic steel piles. Finished height will be 30 The proposed transfer bridge will be yards of suitable dredged material, of feet above MLLW. Piles will be installed a 200-by-19-foot steel structure which 150 to 300 cubic yards will be with a vibratory and/or impact hammer. supported by a concrete abutment placed below MHHW. The ground The proposed access platform will founded on ten 24-inch-diameter piles surface where fill will be placed is connect the ore loader to the Ore placed above the intertidal zone. The primarily above MHHW. Only fill Terminal uplands. It will be a steel and top of the ramp will be 30 feet above placed in the southeastern corner of the concrete structure, 90 by 15 feet, and MLLW and the bottom of the ramp will structure will be within the intertidal supported by twenty 36-inch-diameter be supported by the floating dock. Only zone. The steel sheet pile will be steel piles. Finished height will be 30 the eastern 150 feet of length will be installed using a vibratory and/or feet above MLLW. Only the eastern 40 over the intertidal or subtidal zones (the impact hammer. feet of length and eight piles will be remainder will be above and tied into over the intertidal or subtidal zones (the the uplands). The ramp will be installed The proposed AML pier will be a steel remainder will be above and tied into by crane. and concrete structure abutting the new the uplands). Piles will be installed with The proposed pedestrian platform wharf structure. The pier will be 65 by a vibratory and/or impact hammer. will be a 25-by-55-foot concrete 30 feet, supported by twenty 36-inch- The concrete dock and seven moorage structure, placed adjacent to the existing diameter steel piles. Finished height dolphins (see Section 2.2.4.5 of the timber walkway that will remain after will be 30 feet above MLLW. Piles will MOS’s application) or up to 10 moorage the ore dock demolition. Finished be installed with a vibratory and/or dolphins will be installed depending on height will be 30 feet above MLLW. The impact hammer. funding. A concrete floating dock is pedestrian platform will be supported The proposed AML ramp will be a proposed for the southern end of the on six 24-inch-diameter steel piles. Only steel ramp of 96 by 23 feet supported by project area, including the dock, a the eastern 10 feet and three piles of this four 48-inch-diameter steel guide piles transfer bridge, a pile-supported structure will be over the intertidal or and sixteen 24-inch-diameter steel piles. pedestrian platform, and a pedestrian subtidal zones (the remainder will be Finished height will be 30 feet above gangway. The proposed floating dock above and tied into the uplands).
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The proposed pedestrian gangway supported by eight 36-inch-diameter deeper waters, and are unlikely to occur will be a 150-by-8-foot steel structure steel piles. The fuel pier will be 30 by in the narrow inlets near Skagway. Gray that spans between the pedestrian 30 feet supported by nine 36-inch- whale sightings in the portion of platform and the concrete floating dock. diameter steel piles. Finished height Southeast Alaska are very rare; there The top of the ramp will be 30 feet will be 30 feet above MLLW. Piles will have only been eight sightings since above MLLW and the bottom of the be installed with a vibratory and/or 1997, none of which were in Taiya Inlet ramp will be supported by the floating impact hammer. or Lynn Canal. Pacific white-sided are dock. The full length of the pedestrian Description of Marine Mammals in the also considered rare in the action area, gangway will be over the intertidal or Area of the Specified Activity with habitat preferences in southern subtidal zones. It will be installed by waters of southeast Alaska. While minke crane. Marine waters near Skagway in the whales may occur in the action area, our As many as 10 new moorage dolphins Taiya inlet and the larger Lynn Canal analysis and take calculation suggest may be constructed, along with support many species of marine connecting catwalks, located as follows: mammals, including pinnipeds and that this species will not be taken for • Up to two dolphins and a catwalk cetaceans; however, the number of this activity (zero calculated take); 200 by 6 feet extending from the AML species that may regularly occur near therefore, no take of this species will be bulkhead wall toward the AML ramp; the project area is 10 marine mammal authorized. There are six marine • Up to five dolphins and a catwalk species (Table 3). For the purpose of this mammal species documented in the 400 by 6 feet extending north and south IHA, the region of activity is defined as waters of Taiya Inlet/Lynn Canal from the ore loader; and Taiya Inlet as acoustic impacts from the (Dahlheim et al. 2009; Allen and Angliss • Up to three dolphins and a catwalk project are not anticipated to extend 2014; Muto and Angliss 2015) for which 300 by 6 feet north of the existing beyond the inlet into the adjacent Lynn take is requested. Canal. Some species in this area are not concrete pier, if the concrete floating One of the species, the harbor seal, is dock is not constructed. expected to be impacted by the project known to consistently occur near the Each dolphin will consist of a 15-foot- activities, due to habitat preference SOT; however the closest haul out site square steel and concrete superstructure including the gray whale, sperm whale, is six miles away. Moderate to high atop ten 36-inch steel piles. and the Pacific white-sided dolphin, Each catwalk will be a 6-foot-wide and are therefore not considered further abundances of Steller sea lions are also steel structure, supported by the in this document after this section. known to seasonally occupy the inlet, dolphins. Finished height will be 30 feet Sperm whales have been observed in with the closest haul out more than 22 above MLLW. Dolphins will be installed southeast Alaska with more frequency miles away from construction activities. by vibratory and/or impact hammer and in recent years and have been tracked in Several humpback whales have been the catwalk will be installed by crane. Lynn Canal (seaswap.info). It is observed within Taiya Inlet, sometimes A new fuel manifold and fuel lines unknown whether they occur as far close to Skagway, during non-winter will be constructed on a pier extending north as Taiya inlet and the action area months. The remaining four species from the ore loader platform (J. Moran personal communication, (harbor porpoise, Dall’s porpoise, killer infrastructure. The proposed fuel pier March 2016); however, there are no whale, and minke whale) may occur in will be a steel and concrete structure. documented sightings in the area Taiya Inlet/Lynn Canal, but less The approach pier will be 60 by 15 feet, (seaswap.info). This species prefers frequently and farther from the SOT.
TABLE 3—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA
Species name Stock(s) abundance ESA * status MMPA ** status Occurrence estimate 1
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae
Humpback whale (Megaptera novaeangliae) Central North Pacific Stock: Endangered ...... Strategic, depleted ...... Rare. 10,252. Minke whale (Balaenoptera acutorostrata) ... Alaska stock: N/A ...... Not listed ...... Not strategic ...... Unlikely.
Order Cetartiodactyla—Cetacea—Superfamily
Family Eschrichtiidae
Gray whale (Eschrichtius robustus) ...... Eastern North Pacific stock: Not listed ...... Not strategic, non-depleted ... Unlikely. 20,990.
Order Cetartiodactyla—Cetacea—Superfamily
Family Physeteroidea
Sperm whale (Physeter macrocephalus) ...... North Pacific stock: N/A ...... Endangered ...... Strategic, depleted ...... Unlikely.
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TABLE 3—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA—Continued
Species name Stock(s) abundance ESA * status MMPA ** status Occurrence estimate 1
Order Cetartiodactyla—Cetacea—Superfamily
Family Delphinidae
Killer whale (Orcinus orca) ...... Alaska stock: 2,347 ...... Not listed ...... Not Strategic, non-depleted .. Infrequent. Northern resident stock: 261 Gulf of Alaska stock: 587 ...... West coast transient stock: 243. Pacific white-sided dolphin (Lagenorhynchus North Pacific stock: 26,880 ... Not listed ...... Not Strategic, non-depleted .. Unlikely. obliquidens).
Order Cetartiodactyla—Cetacea—Superfamily
Family Phocoenidae
Dall’s porpoise (Phocoenoides dalli) ...... Alaska stock: 83,400 ...... Not listed ...... Not strategic, non-depleted ... Rare. Harbor porpoise (Phocoena phocoena) ...... Southeast AK: 11,146 ...... Not listed ...... Strategic, non-depleted ...... Likely.
Order Carnivora—Pinnipedia
Family Phocidae
Harbor seal (Phoca vitulina) ...... Lynn Canal/Stephens Pas- Not listed ...... Not strategic- non-depleted .. Likely. sage Stock: 9,478.
Order Carnivora—Pinnipedia
Family Otariidae
Steller sea lion (Eumetopias jubatus) ...... wDPS:49,497 ...... Endangered ...... Strategic, depleted ...... Likely. eDPS: 60,131–74,448 ...... 1 2015 draft marine mammal Stock Assessment Reports at http://www.nmfs.noaa.gov/pr/sars/species.htm. * Endangered Species Act. ** Marine Mammal Protection Act.
Cetaceans from southern Mexico into Central distribution and movements in the America, including Guatemala, El North Pacific; however, the full Humpback whale Salvador, Nicaragua, and Costa Rica SPLASH results suggest the current The humpback whale is distributed (Calambokidis et al., 2008). view of population structure is worldwide in all ocean basins. In incomplete. A revision of population winter, most humpback whales occur in There are three stocks of humpback whales in the North Pacific: (1) The structure in the North Pacific will be the subtropical and tropical waters of considered when the full genetic results the Northern and Southern California/Oregon/Washington and Mexico stock, consisting of winter/ from the SPLASH project are available. Hemispheres, and migrate to high The central North Pacific stock is the latitudes in the summer to feed. The spring populations in coastal Central America and coastal Mexico which only stock that is found near the project historic summer feeding range of activities. humpback whales in the North Pacific migrate to the coast of California to encompassed coastal and inland waters southern British Columbia in summer/ The current abundance estimate for around the Pacific Rim from Point fall (Calambokidis et al. 1989, Steiger et the Central North Pacific stock is 10,252 Conception, California, north to the Gulf al. 1991, Calambokidis et al. 1993); (2) individuals (Muto and Angliss, 2015). of Alaska and the Bering Sea, and west the central North Pacific stock, This stock is designated as strategic and along the Aleutian Islands to the consisting of winter/spring populations depleted under the MMPA. Humpback Kamchatka Peninsula and into the Sea of the Hawaiian Islands which migrate whales are currently listed as of Okhotsk and north of the Bering primarily to northern British Columbia/ endangered range-wide under the ESA. Strait (Zenkovich 1954, Johnson and Southeast Alaska, the Gulf of Alaska, The status and population structure of Wolman 1984). The winter range and the Bering Sea/Aleutian Islands humpback whales is currently under includes the main islands of the (Perry et al. 1990, Calambokidis et al. review by NMFS as part of a global Hawaiian archipelago, with the greatest 1997); and (3) the western North Pacific status review of the species (Muto and concentration along the west side of stock, consisting of winter/spring Angliss, 2015). This stock of humpback Maui. In Mexico, the winter range populations off Asia which migrate whales is growing, with the growth rate includes waters around the southern primarily to Russia and the Bering Sea/ estimated to be seven percent (Allen part of the Baja California peninsula, the Aleutian Islands. Information from the and Angliss, 2014). The current PBR for central portions of the Pacific coast of SPLASH (Structure of Populations, this stock is 173 individuals. mainland Mexico, and the Levels of Abundance, and Status of Entanglement from fishing gear and ship Revillagigedos Islands off the mainland Humpbacks) project mostly confirms strikes remain the top threats for coast. The winter range also extends this view of humpback whale humpback whales, with an estimated
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annual mortality and serious injury rate southeastern Alaska (Dahlheim et al., that separate stocks will emerge when of 23 animals (Muto and Angliss, 2015). 1997; Ford et al., 2000). The population data become available. estimate for this stock is currently 261 Killer Whale Currently one stock of Dall’s porpoise whales (Allen and Angliss, 2013). This is recognized in Alaskan waters, while Killer whales have been observed in population is increasing, with an Dall’s porpoise along the west coast of all oceans and seas of the world, but the average of 2.1 percent annual increase the continental U.S. from California to highest densities occur in colder and over a 36 year time period (Ellis et al., more productive waters found at high 2011). PBR for this stock is 1.96 Washington comprise a separate stock latitudes. Killer whales are found animals. This stock is not designated as (Allen and Angliss, 2012). The current throughout the North Pacific, and occur depleted or strategic under the MMPA, abundance estimate for the Alaska stock along the entire Alaska coast, in British and is not listed as threatened or is 83,400 animals (Muto and Angliss, Columbia and Washington inland endangered under the ESA. 2015). PBR for this stock is currently waterways, and along the outer coasts of The Gulf of Alaska transient stock undetermined, and population trends Washington, Oregon, and California occurs mainly from Prince William are unknown; however, this stock is not (Allen and Angliss, 2013). Sound through the Aleutian Islands and designated as depleted or strategic Based on data regarding association Bering Sea. Current abundance estimate under the MMPA, and is not listed patterns, acoustics, movements, and for this stock is 587 animals (Allen and under the ESA (Allen and Angliss, genetic differences, eight killer whale Angliss, 2013). PBR is 5.87 animals per 2012). stocks are now recognized: (1) The year (Allen and Angliss, 2013). Current Alaska Resident stock; (2) the Northern trends for this stock are unavailable, but Harbor Porpoise Resident stock; (3) the Southern the stock is not designated as depleted The harbor porpoise inhabits Resident stock; (4) the Gulf of Alaska, or strategic under the MMPA and is not temporal, subarctic, and arctic waters. Aleutian Islands, and Bering Sea listed under the ESA. Transient stock; (5) the AT1 Transient The West coast transient stock In the eastern North Pacific, harbor stock; (6) the West Coast transient stock, includes animals that occur in porpoises range from Point Barrow, occurring from California through California, Oregon, Washington, British Alaska, to Point Conception, California. southeastern Alaska; and (7) the Columbia and southeastern Alaska. Harbor porpoise primarily frequent Offshore stock, and (8) the Hawaiian Current abundance estimate for this coastal waters and occur most stock. Only the Alaska resident; stock is 243 animals, which should be frequently in waters less than 100 m Northern resident; Gulf of Alaska, considered a minimum count for this deep (Hobbs and Waite 2010). They may Aleutian Islands, and Bering Sea stock (Allen and Angliss, 2013). PBR is occasionally be found in deeper offshore Transient (Gulf of Alaska transient); and 2.4 animals per year (Allen and Angliss, waters. the West coast transient stocks are 2013). No reliable estimates of In Alaska, harbor porpoises are considered in this application because population trends are available, but this currently divided into three stocks, other stocks occur outside the stock is not designated as depleted or based primarily on geography. These are geographic area under consideration. strategic under the MMPA, and is not Any of these four stocks could be seen listed under the ESA. (1) the Southeast Alaska stock— in the action area; however, the Additional information on the biology occurring from the northern border of Northern resident stock is most likely to and local distribution of these species British Columbia to Cape Suckling, occur in the area. can be found in the NMFS Marine Alaska, (2) the Gulf of Alaska stock— The Alaska resident stock is found Mammal Stock Assessment Reports, occurring from Cape Suckling to from southeastern Alaska to the which may be found at: http:// Unimak Pass, and (3) the Bering Sea Aleutian Islands and Bering Sea. www.nmfs.noaa.gov/pr/species/. stock—occurring throughout the Intermixing of Alaska residents have Aleutian Islands and all waters north of Dall’s Porpoise been documented among the three Unimak Pass (Allen and Angliss 2014). areas, at least as far west as the eastern Dall’s porpoise are widely distributed Only the Southeast Alaska stock is Aleutian Islands (Allen and Angliss, across the entire North Pacific Ocean. considered in this application because 2013). Combining the counts of known They are found over the continental the other stocks are not found in the ‘resident’ whales gives a minimum shelf adjacent to the slope and over geographic area under consideration. number of 2,347 (Southeast Alaska + deep (2,500+ m) oceanic waters. They Prince William Sound + Western have been sighted throughout the North Harbor porpoises are neither Alaska; 121 + 751 + 1,475) killer whales Pacific as far north as 65° N. (Buckland designated as depleted under the belonging to the Alaska Resident stock et al. 1993). Throughout most of the MMPA nor listed as threatened or (Allen and Angliss 2013). At present, eastern North Pacific they are present endangered under the ESA. Because the reliable data on trends in population during all months of the year, although most recent abundance estimate is 14 abundance for the entire Alaska resident there may be seasonal onshore-offshore years old and information on incidental stock of killer whales are unavailable. movements along the west coast of the harbor porpoise mortality in commercial PBR is 23.4 animals. Fishery continental United States (Loeb 1972), fisheries is not well understood, the interactions are a main threat to this and winter movements of populations Southeast Alaska stock of harbor stock. This stock is not designated as out of Prince William Sound and areas porpoise is classified as strategic. depleted or classified as strategic under in the Gulf of Alaska and Bering Sea Population trends and status of this the MMPA, and is not listed under the (NMFS, unpubl. data, National Marine stock relative to optimum sustainable ESA. Mammal Laboratory). The stock population size are currently unknown. The Northern resident stock occurs structure of eastern North Pacific Dall’s The Southeast Alaska stock is currently from Washington State through part of porpoise is not adequately understood estimated at 11,146 individuals (Muto southeastern Alaska. The Northern at this time, but based on patterns of and Angliss 2015). No reliable Resident stock is a transboundary stock, stock differentiation in the western information is available to determine and includes killer whales that frequent North Pacific, where they have been trends in abundance. British Columbia, Canada and more intensively studied, it is expected
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Pinnipeds seals are not listed as depleted or standardized surveys began in the strategic under the MMPA, and are not 1970s, and were due to increased or Harbor Seal listed under the ESA. stable counts in all regions except the Harbor seals range from Baja western Aleutian Islands. During 2004– Steller Sea Lion California north along the west coasts of 2008, western Alaska non-pup counts Washington, Oregon, California, British The Steller sea lion is a pinniped and increased only 3 percent; eastern Gulf of Columbia, and Southeast Alaska; west the largest of the eared seals. Steller sea Alaska (Prince William Sound area) through the Gulf of Alaska, Prince lion populations that primarily occur counts were higher; counts from the William Sound, and the Aleutian west of 144° W. (Cape Suckling, Alaska) Kenai Peninsula through Kiska Island, Islands; and north in the Bering Sea to comprise the western Distinct including Kodiak Island, were stable; Cape Newenham and the Pribilof Population Segment (wDPS), while all and western Aleutian counts continued Islands. They haul out on rocks, reefs, others comprise the eastern DPS (eDPS); to decline (Allen and Angliss 2010). beaches, and drifting glacial ice, and however, there is regular movement of Current PBR for the wDPS is 297 feed in marine, estuarine, and both DPSs across this boundary (Muto animals, and PBR for the eDPS is occasionally fresh waters. Harbor seals and Angliss, 2015). Both of these currently unavailable (Muto and generally are nonmigratory, with local populations may occur in the action Angliss, 2015). movements associated with such factors area. Steller sea lions were listed as Steller sea lions are included in as tides, weather, season, food threatened range-wide under the ESA Alaska subsistence harvests. The mean availability, and reproduction (Scheffer on 26 November 1990 (55 Federal annual take of Steller sea lions is 199 and Slipp 1944, Fisher 1952, Bigg 1969, Register [FR] 49204). Steller sea lions from 2004–2013 (Muto and Angliss, 1981, Hastings et al. 2004). were subsequently partitioned into the 2015). Entanglements in fishing gear In 2010, harbor seals in Alaska were western and eastern DPSs in 1997 and marine debris, and interactions partitioned into 12 separate stocks based (Allen and Angliss 2010), with the with fishing gear are sources of largely on genetic structure (Allen and wDPS being listed as endangered under mortality and serious injury for Steller Angliss 2012). The 12 stocks of harbor the ESA and the eDPS remaining sea lions. seals identified in Alaska are (1) the classified as threatened (62 FR 24345) Aleutian Islands stock, (2) the Pribilof until it was delisted in November 2013. Potential Effects of the Specified Islands stock, (3) the Bristol Bay stock, In August 1993, NMFS published a final Activity on Marine Mammals and Their (4) the North Kodiak stock, (5) the South rule designating critical habitat for the Habitat Kodiak stock, (6) the Prince William Steller sea lion as a 20 nautical mile This section includes a summary and Sound stock, (7) the Cook Inlet/Shelikof buffer around all major haul-outs and discussion of the ways that the specified stock, (8) the Glacier Bay/Icy Strait rookeries, as well as associated activity (e.g. pile driving, pile removal), stock, (9) the Lynn Canal/Stephens terrestrial, air and aquatic zones, and including potential mitigation activities, Passage stock, (10) the Sitka/Chatham three large offshore foraging areas (50 associated with the reconstruction of the stock, (11) the Dixon/Cape Decision CFR 226.202). There is no Steller sea SOT may impact marine mammals and stock, and (12) the Clarence Strait stock. lion critical habitat in the area. their habitat. Mitigation measures will Only the Lynn Canal/Stephens stock is The range of the Steller sea lion reduce impacts to marine mammals considered for these construction includes the North Pacific Ocean rim from the project activities. Please refer activities. The range of this stock ranges from California to northern Japan, with to the Proposed Mitigation section for north along the east and north coast of centers of abundance and distribution in more information. The Estimated Take Admiralty Island from the north end of the Gulf of Alaska and Aleutian Islands by Incidental Harassment section later Kupreanof Island through Lynn Canal, (Muto and Angliss, 2015). Steller sea in this document will include an including Taku Inlet, Tracy Arm, and lions forage in nearshore and pelagic analysis of the number of individuals Endicott Arm, and reaching as far north waters where they are opportunistic that are expected to be taken by this as Taiya, Lutak, and Chilkat Inlets predators. They feed primarily on a activity. The Negligible Impact Analysis (Allen and Angliss, 2012). wide variety of fishes and cephalopods. section will include the analysis of how The current statewide abundance Steller sea lions use terrestrial haulout this specific activity will impact marine estimate for Alaskan harbor seals is sites to rest and take refuge. They also mammals and will consider the content 205,090, based on aerial survey data gather on well-defined, traditionally of this section, the Estimated Take by collected during 1998–2011 (Muto and used rookeries to pup and breed. These Incidental Harassment section, and the Angliss, 2015). The abundance estimate habitats are typically gravel, rocky, or Proposed Mitigation section to draw for the Lynn Canal/Stephens Passage sand beaches; ledges; or rocky reefs conclusions regarding the likely impacts stock is 9,478 (Muto and Angliss 2015). (Allen and Angliss, 2013). of this activity on the reproductive The current (2007–2011) estimate of the The current abundance estimate for success or survivorship of individuals population trend information for this the wDPS in Alaska is 49,497 sea lions, and from that on the affected marine stock is ¥176 seals per year, with a and between 60,131–74,448 animals for mammal populations or stocks. In the probability that the stock is decreasing the eDPS (Muto and Angliss 2015). The following discussion, we provide (Muto and Angliss, 2015). PBR is 155 wDPS of Steller sea lions declined general background information on animals per year. approximately 75 percent from 1976 to sound and marine mammal hearing Harbor seals are included in 1990. Factors that may have contributed before considering potential effects to subsistence harvests. From 2011–2012, to this decline include (1) incidental marine mammals from sound produced an average of 50 animals from this stock take in fisheries, (2) legal and illegal by pile extraction, vibratory pile were harvested each year, which is shooting, (3) predation, (4) driving, and impact pile driving. higher than previous estimates of 30 contaminants, (5) disease, and (6) animals, on average, per year from climate change. Non-pup Steller sea lion Description of Sound Sources 2004–2008 (Muto and Angliss, 2015). counts at trend sites in the wDPS Sound travels in waves, the basic Entanglement is the biggest contributor increased 11 percent during 2000–2004. components of which are frequency, to their annual human-caused mortality. These counts were the first region-wide wavelength, velocity, and amplitude. Lynn Canal/Stephens Passage harbor increases for the wDPS since Frequency is the number of pressure
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waves that pass by a reference point per Even in the absence of sound from the comprise ‘‘ambient’’ or ‘‘background’’ unit of time and is measured in hertz specified activity, the underwater sound—depends not only on the source (Hz) or cycles per second. Wavelength is environment is typically loud due to levels (as determined by current the distance between two peaks of a ambient sound. Ambient sound is weather conditions and levels of sound wave; lower frequency sounds defined as environmental background biological and shipping activity) but have longer wavelengths than higher sound levels lacking a single source or also on the ability of sound to propagate frequency sounds and attenuate point (Richardson et al., 1995), and the through the environment. In turn, sound (decrease) more rapidly in shallower sound level of a region is defined by the propagation is dependent on the water. Amplitude is the height of the total acoustical energy being generated spatially and temporally varying sound pressure wave or the ‘loudness’ by known and unknown sources. These properties of the water column and sea of a sound and is typically measured sources may include physical (e.g., floor, and is frequency-dependent. As a using the decibel (dB) scale. A dB is the waves, earthquakes, ice, atmospheric result of the dependence on a large ratio between a measured pressure (with sound), biological (e.g., sounds number of varying factors, ambient sound) and a reference pressure (sound produced by marine mammals, fish, and sound levels can be expected to vary at a constant pressure, established by invertebrates), and anthropogenic sound widely over both coarse and fine spatial scientific standards). It is a logarithmic (e.g., vessels, dredging, aircraft, and temporal scales. Sound levels at a unit that accounts for large variations in construction). A number of sources given frequency and location can vary amplitude; therefore, relatively small contribute to ambient sound, including by 10–20 dB from day to day changes in dB ratings correspond to the following (Richardson et al., 1995): (Richardson et al., 1995). The result is • large changes in sound pressure. When Wind and waves: The complex that, depending on the source type and referring to sound pressure levels (SPLs; interactions between wind and water its intensity, sound from the specified the sound force per unit area), sound is surface, including processes such as activity may be a negligible addition to referenced in the context of underwater breaking waves and wave-induced the local environment or could form a sound pressure to 1 microPascal (mPa). bubble oscillations and cavitation, are a distinctive signal that may affect marine One pascal is the pressure resulting main source of naturally occurring mammals. from a force of one newton exerted over ambient noise for frequencies between The underwater acoustic environment an area of one square meter. The source 200 Hz and 50 kHz (Mitson, 1995). In in the SOT is likely to be dominated by level (SL) represents the sound level at general, ambient sound levels tend to noise from day-to-day port and vessel a distance of 1 m from the source increase with increasing wind speed activities. The Port of Skagway has (referenced to 1 mPa). The received level and wave height. Surf noise becomes provided key transportation import/ is the sound level at the listener’s important near shore, with export capacity for the Yukon and pier position. Note that all underwater sound measurements collected at a distance of access accommodates vessels in the levels in this document are referenced 8.5 km from shore showing an increase 35,000 DWT class (AIDEA 2008). When to a pressure of 1 mPa and all airborne of 10 dB in the 100 to 700 Hz band underway, these sources can create sound levels in this document are during heavy surf conditions. noise between 20 Hz and 16 kHz (Lesage • Precipitation: Sound from rain and referenced to a pressure of 20 mPa. et al., 1999), with broadband noise hail impacting the water surface can levels up to 180 dB. While there are no Root mean square (rms) is the become an important component of total current measurements of ambient noise quadratic mean sound pressure over the noise at frequencies above 500 Hz, and levels in harbor, it is likely that levels duration of an impulse. Rms is possibly down to 100 Hz during quiet within the harbor periodically exceed calculated by squaring all of the sound times. the 120 dB threshold and, therefore, that amplitudes, averaging the squares, and • Biological: Marine mammals can the high levels of anthropogenic activity then taking the square root of the contribute significantly to ambient noise in the basin create an environment far average (Urick, 1983). Rms accounts for levels, as can some fish and shrimp. The different from quieter habitats where both positive and negative values; frequency band for biological behavioral reactions to sounds around squaring the pressures makes all values contributions is from approximately 12 the 120 dB threshold have been positive so that they may be accounted Hz to over 100 kHz. observed (e.g., Malme et al., 1984, for in the summation of pressure levels • Anthropogenic: Sources of ambient 1987). (Hastings and Popper, 2005). This noise related to human activity include High levels of vessel traffic are known measurement is often used in the transportation (surface vessels and to elevate background levels of noise in context of discussing behavioral effects, aircraft), dredging and construction, oil the marine environment. For example, in part because behavioral effects, and gas drilling and production, seismic continuous sounds for tugs pulling which often result from auditory cues, surveys, sonar, explosions, and ocean barges have been reported to range from may be better expressed through acoustic studies. Shipping noise 145 to 166 dB re 1 mPa rms at 1 meter averaged units than by peak pressures. typically dominates the total ambient from the source (Miles et al. 1987; When underwater objects vibrate or noise for frequencies between 20 and Richardson et al. 1995; Simmonds et al. activity occurs, sound-pressure waves 300 Hz. In general, the frequencies of 2004). Ambient underwater noise levels are created. These waves alternately anthropogenic sounds are below 1 kHz in the SOT project area are both variable compress and decompress the water as and, if higher frequency sound levels and relatively high, and are expected to the sound wave travels. Underwater are created, they attenuate rapidly mask some sounds of drilling, pile sound waves radiate in all directions (Richardson et al., 1995). Sound from installation, and pile extraction. away from the source (similar to ripples identifiable anthropogenic sources other In-water construction activities on the surface of a pond), except in than the activity of interest (e.g., a associated with the project include cases where the source is directional. passing vessel) is sometimes termed vibratory pile driving and removal, and The compressions and decompressions background sound, as opposed to impact pile driving. There are two associated with sound waves are ambient sound. general categories of sound types: detected as changes in pressure by The sum of the various natural and Impulse and non-pulse (defined below). aquatic life and man-made sound anthropogenic sound sources at any Vibratory pile driving is considered to receptors such as hydrophones. given location and time—which be continuous or non-pulsed while
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impact pile driving is considered to be The likely or possible impacts of the Pacini et al., 2010, 2011; Schlundt et al., an impulse or pulsed sound type. The proposed pile driving program at SOT 2011); distinction between these two sound on marine mammals could involve both • High frequency cetaceans (eight types is important because they have non-acoustic and acoustic stressors. species of true porpoises, six species of differing potential to cause physical Potential non-acoustic stressors could river dolphins, and members of the effects, particularly with regard to result from the physical presence of the genera Kogia and Cephalorhynchus; hearing (e.g., Ward, 1997 in Southall et equipment and personnel. Any impacts now considered to include two al., 2007). Please see Southall et al., to marine mammals are expected to members of the genus Lagenorhynchus (2007) for an in-depth discussion of primarily be acoustic in nature. on the basis of recent echolocation data these concepts. Acoustic stressors could include effects and genetic data [May-Collado and Pulsed sound sources (e.g., of heavy equipment operation, pile Agnarsson, 2006; Kyhn et al. 2009, explosions, gunshots, sonic booms, installation and pile removal at SOT. 2010; Tougaard et al. 2010]): Functional impact pile driving) produce signals Marine Mammal Hearing hearing is estimated to occur between that are brief (typically considered to be approximately 200 Hz and 180 kHz less than one second), broadband, atonal Hearing is the most important sensory (Popov and Supin, 1990a,b; Kastelein et modality for marine mammals, and transients (ANSI, 1986; Harris, 1998; al., 2002; Popov et al., 2005); NIOSH, 1998; ISO, 2003; ANSI, 2005) exposure to sound can have deleterious • and occur either as isolated events or effects. To appropriately assess these Phocid pinnipeds in water: repeated in some succession. Pulsed potential effects, it is necessary to Functional hearing is estimated to occur sounds are all characterized by a understand the frequency ranges marine between approximately 75 Hz and 100 relatively rapid rise from ambient mammals are able to hear. Current data kHz with best hearing between 1–50 pressure to a maximal pressure value indicate that not all marine mammal kHz (M VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26639 Acoustic Impacts physiological effects) only briefly as we effect of extreme behavioral reactions Please refer to the information given do not expect that there is a reasonable (e.g., change in dive profile as a result previously (Description of Sound likelihood that the MOS’s activities may of an avoidance reaction) caused by Sources) regarding sound, result in such effects (see below for exposure to sound include neurological characteristics of sound types, and further discussion). Marine mammals effects, bubble formation, resonance metrics used in this document. exposed to high-intensity sound, or to effects, and other types of organ or Anthropogenic sounds cover a broad lower-intensity sound for prolonged tissue damage (Cox et al., 2006; Southall range of frequencies and sound levels periods, can experience hearing et al., 2007; Zimmer and Tyack, 2007). and can have a range of highly variable threshold shift (TS), which is the loss of The MOS’s activities do not involve the impacts on marine life, from none or hearing sensitivity at certain frequency use of devices such as explosives or minor to potentially severe responses, ranges (Kastak et al., 1999; Schlundt et mid-frequency active sonar that are depending on received levels, duration al., 2000; Finneran et al., 2002, 2005b). associated with these types of effects. TS can be permanent (PTS), in which When a live or dead marine mammal of exposure, behavioral context, and case the loss of hearing sensitivity is not swims or floats onto shore and is various other factors. The potential fully recoverable, or temporary (TTS), in incapable of returning to sea, the event effects of underwater sound from active which case the animal’s hearing is termed a ‘‘stranding’’ (16 U.S.C. acoustic sources can potentially result threshold would recover over time 1421h(3)). Marine mammals are known in one or more of the following: (Southall et al., 2007). Repeated sound to strand for a variety of reasons, such Temporary or permanent hearing exposure that leads to TTS could cause as infectious agents, biotoxicosis, impairment, non-auditory physical or PTS. In severe cases of PTS, there can starvation, fishery interaction, ship physiological effects, behavioral be total or partial deafness, while in strike, unusual oceanographic or disturbance, stress, and masking most cases the animal has an impaired weather events, sound exposure, or (Richardson et al., 1995; Gordon et al., ability to hear sounds in specific combinations of these stressors 2004; Nowacek et al., 2007; Southall et frequency ranges (Kryter, 1985). sustained concurrently or in series (e.g., al., 2007; Gotz et al., 2009). The degree When PTS occurs, there is physical Geraci et al., 1999). However, the cause of effect is intrinsically related to the damage to the sound receptors in the ear or causes of most strandings are signal characteristics, received level, (i.e., tissue damage), whereas TTS unknown (e.g., Best, 1982). distance from the source, and duration represents primarily tissue fatigue and Combinations of dissimilar stressors of the sound exposure. In general, is reversible (Southall et al., 2007). In may combine to kill an animal or sudden, high level sounds can cause addition, other investigators have dramatically reduce its fitness, even hearing loss, as can longer exposures to suggested that TTS is within the normal though one exposure without the other lower level sounds. Temporary or bounds of physiological variability and would not be expected to produce the permanent loss of hearing will occur tolerance and does not represent same outcome (e.g., Sih et al., 2004). For almost exclusively for noise within an physical injury (e.g., Ward, 1997). further description of stranding events animal’s hearing range. We first describe Therefore, NMFS does not consider TTS see, e.g., Southall et al., 2006; Jepson et specific manifestations of acoustic to constitute auditory injury. al., 2013; Wright et al., 2013. effects before providing discussion Relationships between TTS and PTS 1. Temporary threshold shift—TTS is specific to the MOS’s construction thresholds have not been studied in the mildest form of hearing impairment activities. marine mammals—PTS data exists only that can occur during exposure to sound Richardson et al. (1995) described for a single harbor seal (Kastak et al., (Kryter, 1985). While experiencing TTS, zones of increasing intensity of effect 2008)—but are assumed to be similar to the hearing threshold rises, and a sound that might be expected to occur, in those in humans and other terrestrial must be at a higher level in order to be relation to distance from a source and mammals. PTS typically occurs at heard. In terrestrial and marine assuming that the signal is within an exposure levels at least several decibels mammals, TTS can last from minutes or animal’s hearing range. First is the area above (a 40-dB threshold shift hours to days (in cases of strong TTS). within which the acoustic signal would approximates PTS onset; e.g., Kryter et In many cases, hearing sensitivity be audible (potentially perceived) to the al., 1966; Miller, 1974) that inducing recovers rapidly after exposure to the animal, but not strong enough to elicit mild TTS (a 6-dB threshold shift sound ends. Few data on sound levels any overt behavioral or physiological approximates TTS onset; e.g., Southall and durations necessary to elicit mild response. The next zone corresponds et al. 2007). Based on data from TTS have been obtained for marine with the area where the signal is audible terrestrial mammals, a precautionary mammals, and none of the data to the animal and of sufficient intensity assumption is that the PTS thresholds published at the time of this writing to elicit behavioral or physiological for impulse sounds (such as impact pile concern TTS elicited by exposure to responsiveness. Third is a zone within driving pulses as received close to the multiple pulses of sound. which, for signals of high intensity, the source) are at least 6 dB higher than the Marine mammal hearing plays a received level is sufficient to potentially TTS threshold on a peak-pressure basis critical role in communication with cause discomfort or tissue damage to and PTS cumulative sound exposure conspecifics, and interpretation of auditory or other systems. Overlaying level thresholds are 15 to 20 dB higher environmental cues for purposes such these zones to a certain extent is the than TTS cumulative sound exposure as predator avoidance and prey capture. area within which masking (i.e., when a level thresholds (Southall et al., 2007). Depending on the degree (elevation of sound interferes with or masks the Given the higher level of sound or threshold in dB), duration (i.e., recovery ability of an animal to detect a signal of longer exposure duration necessary to time), and frequency range of TTS, and interest that is above the absolute cause PTS as compared with TTS, it is the context in which it is experienced, hearing threshold) may occur; the considerably less likely that PTS could TTS can have effects on marine masking zone may be highly variable in occur. mammals ranging from discountable to size. Non-auditory physiological effects or serious. For example, a marine mammal We describe the more severe effects injuries that theoretically might occur in may be able to readily compensate for (i.e., permanent hearing impairment, marine mammals exposed to high level a brief, relatively small amount of TTS certain non-auditory physical or underwater sound or as a secondary in a non-critical frequency range that VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26640 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices occurs during a time where ambient Please see Appendices B–C of Southall breathing, interference with or alteration noise is lower and there are not as many et al. (2007) for a review of studies of vocalization, avoidance, and flight. competing sounds present. involving marine mammal behavioral Changes in dive behavior can vary Alternatively, a larger amount and responses to sound. widely, and may consist of increased or longer duration of TTS sustained during Habituation can occur when an decreased dive times and surface time when communication is critical for animal’s response to a stimulus wanes intervals as well as changes in the rates successful mother/calf interactions with repeated exposure, usually in the of ascent and descent during a dive (e.g., could have more serious impacts. absence of unpleasant associated events Frankel and Clark, 2000; Costa et al., Currently, TTS data only exist for four (Wartzok et al., 2003). Animals are most 2003; Ng and Leung, 2003; Nowacek et species of cetaceans (bottlenose dolphin likely to habituate to sounds that are al.; 2004; Goldbogen et al., 2013a,b). [Tursiops truncatus], beluga whale predictable and unvarying. It is Variations in dive behavior may reflect [Delphinapterus leucas], harbor important to note that habituation is interruptions in biologically significant porpoise, and Yangtze finless porpoise appropriately considered as a activities (e.g., foraging) or they may be [Neophocoena asiaeorientalis]) and ‘‘progressive reduction in response to of little biological significance. The three species of pinnipeds (northern stimuli that are perceived as neither impact of an alteration to dive behavior elephant seal, harbor seal, and aversive nor beneficial,’’ rather than as, resulting from an acoustic exposure California sea lion) exposed to a limited more generally, moderation in response depends on what the animal is doing at number of sound sources (i.e., mostly to human disturbance (Bejder et al., the time of the exposure and the type tones and octave-band noise) in 2009). The opposite process is and magnitude of the response. laboratory settings (e.g., Finneran et al., sensitization, when an unpleasant Disruption of feeding behavior can be 2002; Nachtigall et al., 2004; Kastak et experience leads to subsequent difficult to correlate with anthropogenic sound exposure, so it is usually inferred al., 2005; Lucke et al., 2009; Popov et responses, often in the form of by observed displacement from known al., 2011). In general, harbor seals avoidance, at a lower level of exposure. foraging areas, the appearance of (Kastak et al., 2005; Kastelein et al., As noted, behavioral state may affect the secondary indicators (e.g., bubble nets 2012a) and harbor porpoises (Lucke et type of response. For example, animals or sediment plumes), or changes in dive al., 2009; Kastelein et al., 2012b) have that are resting may show greater behavior. As for other types of a lower TTS onset than other measured behavioral change in response to behavioral response, the frequency, pinniped or cetacean species. disturbing sound levels than animals duration, and temporal pattern of signal Additionally, the existing marine that are highly motivated to remain in mammal TTS data come from a limited presentation, as well as differences in an area for feeding (Richardson et al., number of individuals within these species sensitivity, are likely 1995; NRC, 2003; Wartzok et al., 2003). species. There are no data available on contributing factors to differences in Controlled experiments with captive noise-induced hearing loss for response in any given circumstance marine mammals have showed mysticetes. For summaries of data on (e.g., Croll et al., 2001; Nowacek et al.; pronounced behavioral reactions, TTS in marine mammals or for further 2004; Madsen et al., 2006; Yazvenko et including avoidance of loud sound discussion of TTS onset thresholds, al., 2007). A determination of whether sources (Ridgway et al., 1997; Finneran please see Southall et al. (2007) and foraging disruptions incur fitness et al., 2003). Observed responses of wild Finneran and Jenkins (2012). consequences would require 2. Behavioral effects—Behavioral marine mammals to loud pulsed sound information on or estimates of the disturbance may include a variety of sources (typically seismic airguns or energetic requirements of the affected effects, including subtle changes in acoustic harassment devices) have been individuals and the relationship behavior (e.g., minor or brief avoidance varied but often consist of avoidance between prey availability, foraging effort of an area or changes in vocalizations), behavior or other behavioral changes and success, and the life history stage of more conspicuous changes in similar suggesting discomfort (Morton and the animal. behavioral activities, and more Symonds, 2002; see also Richardson et Variations in respiration naturally sustained and/or potentially severe al., 1995; Nowacek et al., 2007). vary with different behaviors and reactions, such as displacement from or Available studies show wide variation alterations to breathing rate as a abandonment of high-quality habitat. in response to underwater sound; function of acoustic exposure can be Behavioral responses to sound are therefore, it is difficult to predict expected to co-occur with other highly variable and context-specific and specifically how any given sound in a behavioral reactions, such as a flight any reactions depend on numerous particular instance might affect marine response or an alteration in diving. intrinsic and extrinsic factors (e.g., mammals perceiving the signal. If a However, respiration rates in and of species, state of maturity, experience, marine mammal does react briefly to an themselves may be representative of current activity, reproductive state, underwater sound by changing its annoyance or an acute stress response. auditory sensitivity, time of day), as behavior or moving a small distance, the Various studies have shown that well as the interplay between factors impacts of the change are unlikely to be respiration rates may either be (e.g., Richardson et al., 1995; Wartzok et significant to the individual, let alone unaffected or could increase, depending al., 2003; Southall et al., 2007; Weilgart, the stock or population. However, if a on the species and signal characteristics, 2007; Archer et al., 2010). Behavioral sound source displaces marine again highlighting the importance in reactions can vary not only among mammals from an important feeding or understanding species differences in the individuals but also within an breeding area for a prolonged period, tolerance of underwater noise when individual, depending on previous impacts on individuals and populations determining the potential for impacts experience with a sound source, could be significant (e.g., Lusseau and resulting from anthropogenic sound context, and numerous other factors Bejder, 2007; Weilgart, 2007; NRC, exposure (e.g., Kastelein et al., 2001, (Ellison et al., 2012), and can vary 2005). However, there are broad 2005b, 2006; Gailey et al., 2007). depending on characteristics associated categories of potential response, which Marine mammals vocalize for with the sound source (e.g., whether it we describe in greater detail here, that different purposes and across multiple is moving or stationary, number of include alteration of dive behavior, modes, such as whistling, echolocation sources, distance from the source). alteration of foraging behavior, effects to click production, calling, and singing. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26641 Changes in vocalization behavior in whether individuals are solitary or in pressure, and gastrointestinal activity. response to anthropogenic noise can groups may influence the response. These responses have a relatively short occur for any of these modes and may Behavioral disturbance can also duration and may or may not have a result from a need to compete with an impact marine mammals in more subtle significant long-term effect on an increase in background noise or may ways. Increased vigilance may result in animal’s fitness. reflect increased vigilance or a startle costs related to diversion of focus and Neuroendocrine stress responses often response. For example, in the presence attention (i.e., when a response consists involve the hypothalamus-pituitary- of potentially masking signals, of increased vigilance, it may come at adrenal system. Virtually all humpback whales and killer whales the cost of decreased attention to other neuroendocrine functions that are have been observed to increase the critical behaviors such as foraging or affected by stress—including immune length of their songs (Miller et al., 2000; resting). These effects have generally not competence, reproduction, metabolism, Fristrup et al., 2003; Foote et al., 2004), been demonstrated for marine and behavior—are regulated by pituitary while right whales have been observed mammals, but studies involving fish hormones. Stress-induced changes in to shift the frequency content of their and terrestrial animals have shown that the secretion of pituitary hormones have calls upward while reducing the rate of increased vigilance may substantially been implicated in failed reproduction, calling in areas of increased reduce feeding rates (e.g., Beauchamp altered metabolism, reduced immune anthropogenic noise (Parks et al., and Livoreil, 1997; Fritz et al., 2002; competence, and behavioral disturbance 2007b). In some cases, animals may Purser and Radford, 2011). In addition, (e.g., Moberg, 1987; Blecha, 2000). cease sound production during chronic disturbance can cause Increases in the circulation of production of aversive signals (Bowles population declines through reduction glucocorticoids are also equated with et al., 1994). of fitness (e.g., decline in body stress (Romano et al., 2004). Avoidance is the displacement of an condition) and subsequent reduction in The primary distinction between individual from an area or migration reproductive success, survival, or both stress (which is adaptive and does not path as a result of the presence of a (e.g., Harrington and Veitch, 1992; Daan normally place an animal at risk) and sound or other stressors, and is one of et al., 1996; Bradshaw et al., 1998). ‘‘distress’’ is the cost of the response. However, Ridgway et al. (2006) reported the most obvious manifestations of During a stress response, an animal uses that increased vigilance in bottlenose disturbance in marine mammals glycogen stores that can be quickly dolphins exposed to sound over a five- (Richardson et al., 1995). For example, replenished once the stress is alleviated. day period did not cause any sleep gray whales are known to change In such circumstances, the cost of the deprivation or stress effects. direction—deflecting from customary Many animals perform vital functions, stress response would not pose serious migratory paths—in order to avoid noise such as feeding, resting, traveling, and fitness consequences. However, when from seismic surveys (Malme et al., socializing, on a diel cycle (24-hour an animal does not have sufficient 1984). Avoidance may be short-term, cycle). Disruption of such functions energy reserves to satisfy the energetic with animals returning to the area once resulting from reactions to stressors costs of a stress response, energy the noise has ceased (e.g., Bowles et al., such as sound exposure are more likely resources must be diverted from other 1994; Goold, 1996; Stone et al., 2000; to be significant if they last more than functions. This state of distress will last Morton and Symonds, 2002; Gailey et one diel cycle or recur on subsequent until the animal replenishes its al., 2007). Longer-term displacement is days (Southall et al., 2007). energetic reserves sufficient to restore possible, however, which may lead to Consequently, a behavioral response normal function. changes in abundance or distribution lasting less than one day and not Relationships between these patterns of the affected species in the recurring on subsequent days is not physiological mechanisms, animal affected region if habituation to the considered particularly severe unless it behavior, and the costs of stress presence of the sound does not occur could directly affect reproduction or responses are well-studied through (e.g., Blackwell et al., 2004; Bejder et al., survival (Southall et al., 2007). Note that controlled experiments and for both 2006; Teilmann et al., 2006). there is a difference between multi-day laboratory and free-ranging animals A flight response is a dramatic change substantive behavioral reactions and (e.g., Holberton et al., 1996; Hood et al., in normal movement to a directed and multi-day anthropogenic activities. For 1998; Jessop et al., 2003; Krausman et rapid movement away from the example, just because an activity lasts al., 2004; Lankford et al., 2005). Stress perceived location of a sound source. for multiple days does not necessarily responses due to exposure to The flight response differs from other mean that individual animals are either anthropogenic sounds or other stressors avoidance responses in the intensity of exposed to activity-related stressors for and their effects on marine mammals the response (e.g., directed movement, multiple days or, further, exposed in a have also been reviewed (Fair and rate of travel). Relatively little manner resulting in sustained multi-day Becker, 2000; Romano et al., 2002b) information on flight responses of substantive behavioral responses. and, more rarely, studied in wild marine mammals to anthropogenic 3. Stress responses—An animal’s populations (e.g., Romano et al., 2002a). signals exist, although observations of perception of a threat may be sufficient For example, Rolland et al. (2012) found flight responses to the presence of to trigger stress responses consisting of that noise reduction from reduced ship predators have occurred (Connor and some combination of behavioral traffic in the Bay of Fundy was Heithaus, 1996). The result of a flight responses, autonomic nervous system associated with decreased stress in response could range from brief, responses, neuroendocrine responses, or North Atlantic right whales. These and temporary exertion and displacement immune responses (e.g., Seyle, 1950; other studies lead to a reasonable from the area where the signal provokes Moberg, 2000). In many cases, an expectation that some marine mammals flight to, in extreme cases, marine animal’s first and sometimes most will experience physiological stress mammal strandings (Evans and economical (in terms of energetic costs) responses upon exposure to acoustic England, 2001). However, it should be response is behavioral avoidance of the stressors and that it is possible that noted that response to a perceived potential stressor. Autonomic nervous some of these would be classified as predator does not necessarily invoke system responses to stress typically ‘‘distress.’’ In addition, any animal flight (Ford and Reeves, 2008), and involve changes in heart rate, blood experiencing TTS would likely also VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26642 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices experience stress responses (NRC, 2007b; Di Iorio and Clark, 2009; Holt et (e.g., rock) which may reflect the 2003). al., 2009). Masking can be reduced in acoustic wave. Soft porous substrates 4. Auditory masking—Sound can situations where the signal and noise would also likely require less time to disrupt behavior through masking, or come from different directions drive the pile, and possibly less forceful interfering with, an animal’s ability to (Richardson et al., 1995), through equipment, which would ultimately detect, recognize, or discriminate amplitude modulation of the signal, or decrease the intensity of the acoustic between acoustic signals of interest (e.g., through other compensatory behaviors source. those used for intraspecific (Houser and Moore, 2014). Masking can In the absence of mitigation, impacts communication and social interactions, be tested directly in captive species to marine species could be expected to prey detection, predator avoidance, (e.g., Erbe, 2008), but in wild include physiological and behavioral navigation) (Richardson et al., 1995). populations it must be either modeled responses to the acoustic signature Masking occurs when the receipt of a or inferred from evidence of masking (Viada et al., 2008). Potential effects sound is interfered with by another compensation. There are few studies from impulsive sound sources like pile coincident sound at similar frequencies addressing real-world masking sounds driving can range in severity from and at similar or higher intensity, and likely to be experienced by marine effects such as behavioral disturbance to may occur whether the sound is natural mammals in the wild (e.g., Branstetter et temporary or permanent hearing (e.g., snapping shrimp, wind, waves, al., 2013). impairment (Yelverton et al., 1973). precipitation) or anthropogenic (e.g., Masking affects both senders and Hearing Impairment and Other shipping, sonar, seismic exploration) in receivers of acoustic signals and can Physical Effects—Marine mammals origin. The ability of a noise source to potentially have long-term chronic exposed to high intensity sound mask biologically important sounds effects on marine mammals at the repeatedly or for prolonged periods can depends on the characteristics of both population level as well as at the experience hearing threshold shifts. PTS the noise source and the signal of individual level. Low-frequency constitutes injury, but TTS does not interest (e.g., signal-to-noise ratio, ambient sound levels have increased by (Southall et al., 2007). Based on the best temporal variability, direction), in as much as 20 dB (more than three times scientific information available, the relation to each other and to an animal’s in terms of SPL) in the world’s ocean SPLs for the construction activities in hearing abilities (e.g., sensitivity, from pre-industrial periods, with most this project are far below the thresholds frequency range, critical ratios, of the increase from distant commercial that could cause TTS or the onset of frequency discrimination, directional shipping (Hildebrand, 2009). All PTS: 180 dB re 1 mPa rms for discrimination, age or TTS hearing loss), anthropogenic sound sources, but odontocetes and 190 dB re 1 mPa rms for and existing ambient noise and especially chronic and lower-frequency pinnipeds (Table 4). propagation conditions. signals (e.g., from vessel traffic), Non-auditory Physiological Effects— Under certain circumstances, marine contribute to elevated ambient sound Non-auditory physiological effects or mammals experiencing significant levels, thus intensifying masking. injuries that theoretically might occur in masking could also be impaired from Potential Effects of Pile Driving marine mammals exposed to strong maximizing their performance fitness in Sound—The effects of sounds from pile underwater sound include stress, survival and reproduction. Therefore, driving might include one or more of neurological effects, bubble formation, when the coincident (masking) sound is the following: Temporary or permanent resonance effects, and other types of man-made, it may be considered hearing impairment, non-auditory organ or tissue damage (Cox et al., 2006; harassment when disrupting or altering physical or physiological effects, Southall et al., 2007). Studies examining critical behaviors. It is important to behavioral disturbance, and masking such effects are limited. In general, little distinguish TTS and PTS, which persist (Richardson et al., 1995; Gordon et al., is known about the potential for pile after the sound exposure, from masking, 2003; Nowacek et al., 2007; Southall et driving to cause auditory impairment or which occurs during the sound al., 2007). The effects of pile driving on other physical effects in marine exposure. Because masking (without marine mammals are dependent on mammals. Available data suggest that resulting in TS) is not associated with several factors, including the type and such effects, if they occur at all, would abnormal physiological function, it is depth of the animal; the pile size and presumably be limited to short distances not considered a physiological effect, type, and the intensity and duration of from the sound source and to activities but rather a potential behavioral effect. the pile driving sound; the depth of the that extend over a prolonged period. The frequency range of the potentially water column; the substrate; the The available data do not allow masking sound is important in standoff distance between the pile and identification of a specific exposure determining any potential behavioral the animal; and the sound propagation level above which non-auditory effects impacts. For example, low-frequency properties of the environment. Impacts can be expected (Southall et al., 2007) signals may have less effect on high- to marine mammals from pile driving or any meaningful quantitative frequency echolocation sounds activities are expected to result predictions of the numbers (if any) of produced by odontocetes but are more primarily from acoustic pathways. As marine mammals that might be affected likely to affect detection of mysticete such, the degree of effect is intrinsically in those ways. Marine mammals that communication calls and other related to the frequency, received level, show behavioral avoidance of pile potentially important natural sounds and duration of the sound exposure, driving, including some odontocetes such as those produced by surf and which are in turn influenced by the and some pinnipeds, are especially some prey species. The masking of distance between the animal and the unlikely to incur auditory impairment communication signals by source. The further away from the or non-auditory physical effects. anthropogenic noise may be considered source, the less intense the exposure as a reduction in the communication should be. The substrate and depth of Disturbance Reactions space of animals (e.g., Clark et al., 2009) the habitat affect the sound propagation Responses to continuous sound, such and may result in energetic or other properties of the environment. In as vibratory pile installation, have not costs as animals change their addition, substrates that are soft (e.g., been documented as well as responses vocalization behavior (e.g., Miller et al., sand) would absorb or attenuate the to pulsed sounds. With both types of 2000; Foote et al., 2004; Parks et al., sound more readily than hard substrates pile driving, it is likely that the onset of VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26643 pile driving could result in temporary, be within the audible range of marine thresholds for behavioral harassment are short term changes in an animal’s mammals present in the project area. not believed to result in increased typical behavior and/or avoidance of the Impact pile driving activity is relatively behavioral disturbance, in either nature affected area. These behavioral changes short-term, with rapid pulses occurring or intensity of disturbance reaction. may include (Richardson et al., 1995): for approximately fifteen minutes per Therefore, we do not believe that changing durations of surfacing and pile. The probability for impact pile authorization of incidental take dives, number of blows per surfacing, or driving resulting from this proposed resulting from airborne sound for moving direction and/or speed; action masking acoustic signals pinnipeds is warranted, and airborne reduced/increased vocal activities; important to the behavior and survival sound is not discussed further here. changing/cessation of certain behavioral of marine mammal species is low. activities (such as socializing or Vibratory pile driving is also relatively Vessel Interaction feeding); visible startle response or short-term, with rapid oscillations Besides being susceptible to vessel aggressive behavior (such as tail/fluke occurring for approximately one and a strikes, cetacean and pinniped slapping or jaw clapping); avoidance of half hours per pile. It is possible that responses to vessels may result in areas where sound sources are located; vibratory pile driving resulting from this behavioral changes, including greater and/or flight responses (e.g., pinnipeds proposed action may mask acoustic variability in the dive, surfacing, and flushing into water from haul-outs or signals important to the behavior and respiration patterns; changes in rookeries). Pinnipeds may increase their survival of marine mammal species, but vocalizations; and changes in swimming haul-out time, possibly to avoid in- the short-term duration and limited speed or direction (NRC 2003). There water disturbance (Thorson and Reyff, affected area would result in will be a temporary and localized 2006). insignificant impacts from masking. increase in vessel traffic during The biological significance of many of Any masking event that could possibly construction. these behavioral disturbances is difficult rise to Level B harassment under the to predict, especially if the detected MMPA would occur concurrently Anticipated Effects on Marine Mammal disturbances appear minor. However, within the zones of behavioral Habitat the consequences of behavioral harassment already estimated for The proposed activities at SOT would modification could be expected to be vibratory and impact pile driving, and not result in permanent negative biologically significant if the change which have already been taken into impacts to habitats used directly by affects growth, survival, or account in the exposure analysis. marine mammals, but may have reproduction. Significant behavioral Acoustic Effects, Airborne—Pinnipeds potential short-term impacts to food modifications that could potentially that occur near the project site could be sources such as forage fish and may lead to effects on growth, survival, or exposed to airborne sounds associated affect acoustic habitat (see masking reproduction include: with pile driving that have the potential • discussion above). There are no known Drastic changes in diving/surfacing to cause behavioral harassment, foraging hotspots or other ocean bottom patterns (such as those thought to cause depending on their distance from pile structure of significant biological beaked whale stranding due to exposure driving activities. Cetaceans are not importance to marine mammals present to military mid-frequency tactical expected to be exposed to airborne in the marine waters of the project area. sonar); sounds that would result in harassment • Therefore, the main impact issue Longer-term habitat abandonment as defined under the MMPA. associated with the proposed activity Airborne noise will primarily be an due to loss of desirable acoustic would be temporarily elevated sound issue for pinnipeds that are swimming environment; and levels and the associated direct effects • Longer-term cessation of feeding or or hauled out near the project site on marine mammals, as discussed social interaction. within the range of noise levels elevated The onset of behavioral disturbance above the acoustic criteria in Table 4 previously in this document, as well as from anthropogenic sound depends on below. We recognize that pinnipeds in potential short-term effects to water and both external factors (characteristics of the water could be exposed to airborne sediment quality. sound sources and their paths) and the sound that may result in behavioral The primary potential acoustic specific characteristics of the receiving harassment when looking with heads impacts to marine mammal habitat are animals (hearing, motivation, above water. Most likely, airborne associated with elevated sound levels experience, demography) and is difficult sound would cause behavioral produced by vibratory and impact pile to predict (Southall et al., 2007). responses similar to those discussed driving and removal in the area. above in relation to underwater sound. However, other potential impacts to the Auditory Masking For instance, anthropogenic sound surrounding habitat from physical Natural and artificial sounds can could cause hauled-out pinnipeds to disturbance are also possible. disrupt behavior by masking. The exhibit changes in their normal The proposed dredging activities were frequency range of the potentially behavior, such as reduction in designed to remove impacted sediments masking sound is important in vocalizations, or cause them to (i.e., sediments with metals and/or determining any potential behavioral temporarily abandon the area and move polycyclic aromatic hydrocarbon (PAH) impacts. Because sound generated from further from the source. However, these concentrations exceeding sediment in-water pile driving is mostly animals would previously have been cleanup objectives. The volume of concentrated at low frequency ranges, it ‘taken’ as a result of exposure to potentially contaminated material may have less effect on high frequency underwater sound above the behavioral subject to dredging and treatment or echolocation sounds made by porpoises. harassment thresholds, which are in all disposal in an approved hazardous The most intense underwater sounds in cases larger than those associated with waste facility is estimated to be 17,300 the proposed action are those produced airborne sound. Thus, the behavioral cubic yards. The dredging activities are by impact pile driving. Given that the harassment of these animals is already predicted to have a positive impact on energy distribution of pile driving accounted for in these estimates of the habitat, and any negative short term covers a broad frequency spectrum, potential take. Multiple incidents of impacts (discussed below) are sound from these sources would likely exposure to sound above NMFS’ inconsequential in comparison to the VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26644 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices overall benefit the environment will Scholik and Yan, 2001, 2002; Popper increased turbidity levels is expected to receive from these actions. and Hastings, 2009). Sound pulses at be discountable to marine mammals. Sediments within the proposed received levels of 160 dB may cause Furthermore, pile driving and removal dredge footprint at the Skagway Harbor subtle changes in fish behavior. SPLs of at the project site will not obstruct have been recently sampled and tested 180 dB may cause noticeable changes in movements or migration of marine (Anchor QEA 2014). Sediment behavior (Pearson et al., 1992; Skalski et mammals. chemistry data show levels of current al., 1992). SPLs of sufficient strength Noise measurements of dredging sediment contamination that may cause have been known to cause injury to fish activities are rare in the literature, but low, chronic, long term ecological and fish mortality. dredging is considered to be a low- effects to benthic habitats, but would The most likely impact to fish from impact activity for marine mammals, not likely cause acute, toxic effects pile driving activities at the project area producing non-pulsed sound and being within the water column. The dredge would be temporary behavioral substantially quieter in terms of acoustic prism of potentially contaminated avoidance of the area. The duration of energy output than sources such as sediment occupies approximately fish avoidance of this area after pile seismic airguns and impact pile driving. 41,000 square feet (0.004 square driving stops is unknown, but a rapid Noise produced by dredging operations kilometers), adjacent to the Ore Dock. return to normal recruitment, has been compared to that produced by Physical resuspension of sediments distribution and behavior is anticipated. a commercial vessel travelling at modest would occur during dredging and would In general, impacts to marine mammal speed (Robinson et al., 2011). Further produce localized impacts to water prey species are expected to be minor discussion of dredging sound quality in the form of elevated turbidity and temporary due to the short production may be found in the plumes that would last from a few timeframe for the project. literature (e.g., Richardson et al., 1995, minutes to several hours. Associated Construction activities, in the form of Nedwell et al., 2008, Parvin et al., 2008, contaminants are expected to be tightly increased turbidity, have the potential Ainslie et al., 2009). Generally, the bound to the sediment matrix. Because to adversely affect forage fish and effects of dredging on marine mammals of the relatively small dredge prism, juvenile salmonid outmigratory routes are not expected to rise to the level of these plumes would be limited to the in the project area. Both herring and a take. However, one study found peak immediate vicinity of the Ore Dock and salmon form a significant prey base for sound pressure levels from clamshell this portion of Skagway Harbor. There is Steller sea lions, and herring is a dredging in Cook Inlet measured 124 the potential for pinnipeds to be primary prey of humpback whales. decibels (re 1 mPa) at the 150 meter exposed to increased turbidity during Increased turbidity is expected to occur isopleth with the peak sound levels dredge operations within Skagway in the immediate vicinity (on the order associated with the dredger striking the Harbor. However, exposure to of 10 feet or less) of construction hard ocean floor (Dickerson et al. 2001). resuspended contaminants is expected activities. However, suspended Therefore, to further reduce potential to be low since sediments would not be sediments and particulates are expected acoustic impacts to endangered ingested and contaminants would be to dissipate quickly within a single tidal humpback whales and Steller sea lions, tightly bound to them. Best management cycle. Given the limited area affected there will be a 200 meter dredging practices will be instituted to limit and high tidal dilution rates any effects shutdown zone for ESA-listed species. exposure pathways in areas where on forage fish and salmon are expected Proposed Mitigation dredge materials are being handled. to be minor or negligible. In addition, Given the relatively small dredge best management practices will be in In order to issue an IHA under section footprint, which limits the size of the effect, which will limit the extent of 101(a)(5)(D) of the MMPA, NMFS must dredge plume; the turbidity will be turbidity to the immediate project area. set forth the permissible methods of limited by efforts taken to limit/prevent Finally, exposure to these contaminants taking pursuant to such activity, ‘‘and exposure through BMPs; the plume will from dredging is not expected to be other means of effecting the least be temporary and will not have a direct different from the current exposure; fish practicable impact on such species or exposure mechanism to marine and marine mammals in the Taiya Inlet/ stock and its habitat, paying particular mammals; and activities will occur Lynn Canal region are routinely exposed attention to rookeries, mating grounds, during the winter period when fewer to substantial levels of suspended and areas of similar significance, and on pinnipeds have been observed in the sediment from glacial sources. the availability of such species or stock for taking’’ for certain subsistence uses. area, effects on marine mammals are Construction Effects on Potential considered negligible. Measurements from similar pile Foraging Habitat driving events were coupled with Construction Effects on Potential Prey Pile installation may temporarily practical spreading loss to estimate Construction activities would produce increase turbidity resulting from zones of influence (ZOI; see Estimated continuous (i.e., vibratory pile driving) suspended sediments. Any increases Take by Incidental Harassment); these sounds and pulsed (i.e. impact driving) would be temporary, localized, and values were used to develop mitigation sounds. Fish react to sounds that are minimal. MOS must comply with state measures for pile driving and removal especially strong and/or intermittent water quality standards during these activities at SOT. The ZOIs effectively low-frequency sounds. Short duration, operations by limiting the extent of represent the mitigation zone that sharp sounds can cause overt or subtle turbidity to the immediate project area. would be established around each pile changes in fish behavior and local In general, turbidity associated with pile to provide estimates of the areas within distribution. Hastings and Popper (2005) installation is localized to about a 25- which Level B, and potential Level A, identified several studies that suggest foot radius around the pile (Everitt et al. harassment might occur. In addition to fish may relocate to avoid certain areas 1980). Cetaceans are not expected to be the specific measures described later in of sound energy. Additional studies close enough to the project pile driving this section, MOS would conduct have documented effects of pile driving areas to experience effects of turbidity, briefings between construction on fish, although several are based on and any pinnipeds will be transiting the supervisors and crews, marine mammal studies in support of large, multiyear area and could avoid localized areas of monitoring team, and other staff prior to bridge construction projects (e.g., turbidity. Therefore, the impact from the start of all pile driving activity, and VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26645 when new personnel join the work, in clamshell dredging will not be completed without cessation, unless the order to explain responsibilities, considered further in this document. animal approaches or enters the communication procedures, marine Disturbance Zone—Disturbance zones shutdown zone, at which point all pile mammal monitoring protocol, and are the areas in which SPLs equal or driving activities would be halted. operational procedures. exceed 160 and 120 dB rms (for impulse Monitoring will take place from 15 For the proposed project, MOS and continuous sound, respectively). minutes prior to initiation through 30 worked with NMFS and proposed the Disturbance zones provide utility for minutes post-completion of pile driving following mitigation measures to monitoring conducted for mitigation activities. Pile driving activities include minimize the potential impacts to purposes (i.e., shutdown zone the time to install or remove a single marine mammals in the project vicinity. monitoring) by establishing monitoring pile or series of piles, as long as the time The primary purposes of these protocols for areas adjacent to the elapsed between uses of the pile driving mitigation measures are to minimize shutdown zones. Monitoring of equipment is no more than thirty sound levels from the activities, and to disturbance zones enables observers to minutes. Please see Appendix A of the monitor marine mammals within be aware of and communicate the application for details on the marine designated zones of influence presence of marine mammals in the mammal monitoring plan developed by corresponding to NMFS’ current Level project area but outside the shutdown the MOS with NMFS’ cooperation. A and B harassment thresholds which zone and thus prepare for potential The following additional measures are depicted in Table 4 found later in shutdowns of activity. However, the apply to visual monitoring: the Estimated Take by Incidental primary purpose of disturbance zone (1) Monitoring will be conducted by Harassment section. monitoring is for documenting incidents qualified observers, who will be placed of Level B harassment; disturbance zone at the best vantage point(s) practicable Monitoring and Shutdown for Pile monitoring is discussed in greater detail to monitor for marine mammals and Driving later (see Proposed Monitoring and implement shutdown/delay procedures The following measures, developed Reporting). Nominal radial distances for when applicable by calling for the by MOS and NMFS, would apply to the disturbance zones are shown in Table 5. shutdown to the hammer operator. MOS’s mitigation through shutdown Given the size of the disturbance zone Qualified observers are trained and disturbance zones: for vibratory pile driving, it is biologists, with the following minimum impossible to guarantee that all animals Shutdown Zone—For all pile driving qualifications: would be observed or to make activities, the MOS will establish a (a) Visual acuity in both eyes comprehensive observations of fine- shutdown zone intended to contain the (correction is permissible) sufficient for scale behavioral reactions to sound, and area in which SPLs equal or exceed the discernment of moving targets at the only a portion of the zone (e.g., what 180 dB rms acoustic injury criteria for water’s surface with ability to estimate may be reasonably observed by visual cetaceans, and 190 dB rms for target size and distance; use of observers stationed within the SOT) pinnipeds. The purpose of a shutdown binoculars may be necessary to correctly would be observed. zone is to define an area within which In order to document observed identify the target; shutdown of activity would occur upon incidents of harassment, monitors (b) Advanced education in biological sighting of a marine mammal (or in record all marine mammal observations, science or related field (undergraduate anticipation of an animal entering the regardless of location. The observer’s degree or higher required); defined area), thus preventing injury of location, as well as the location of the (c) Experience and ability to conduct marine mammals (as described pile being driven or removed, is known field observations and collect data previously under Potential Effects of the from a GPS. The location of the animal according to assigned protocols (this Specified Activity on Marine Mammals). is estimated as a distance from the may include academic experience); Serious injury or death are unlikely observer, which is then compared to the (d) Experience or training in the field outcomes even in the absence of location from the pile. It may then be identification of marine mammals, mitigation measures. Modeled radial estimated whether the animal was including the identification of distances for shutdown zones are shown exposed to sound levels constituting behaviors; in Table 5 below. A minimum incidental harassment on the basis of (e) Sufficient training, orientation, or shutdown zone of 16 m will be predicted distances to relevant experience with the construction established for the 190-dB zone, and 74 thresholds in post-processing of operation to provide for personal safety m for the 180 dB zone. observational and acoustic data, and a during observations; A 200 meter shutdown zone will be precise accounting of observed (f) Writing skills sufficient to prepare in effect for ESA-listed species for incidences of harassment created. This a report of observations including but potential acoustic disturbance caused by information may then be used to not limited to the number and species clamshell dredging. This activity has extrapolate observed takes to reach an of marine mammals observed; dates and been recorded at 124 dB peak at the 150 approximate understanding of actual times when in-water construction meter isopleth (Dickerson et al 2001). total takes. activities were conducted; dates and Peak SPLs are generally a few dB higher Monitoring Protocols—Monitoring times when in-water construction than rms SPLs. In this instance, we do would be conducted before, during, and activities were suspended to avoid not know exactly what the difference after pile driving and removal activities. potential incidental injury from would be, and while this activity may In addition, observers shall record all construction sound of marine mammals exceed marine mammal acoustic incidents of marine mammal observed within a defined shutdown thresholds at its source, we do not occurrence, regardless of distance from zone; and marine mammal behavior; expect this activity to rise above activity, and shall document any and background noise in this industrial area behavioral reactions in concert with (g) Ability to communicate orally, by (see Description of Sound Sources distance from piles being driven or radio or in person, with project section for more information), and removed. Observations made outside personnel to provide real-time therefore do not consider take for this the shutdown zone will not result in information on marine mammals activity. Acoustic impacts from shutdown; that pile segment would be observed in the area as necessary. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26646 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices (2) Prior to the start of pile driving up will be delayed until the animal(s) system, that is, a series of multiple rings activity, the shutdown zone will be leaves the Level A harassment zone. placed at the bottom and at various monitored for 15 minutes to ensure that Activity will begin only after the Marine elevations around the pile. Stacked it is clear of marine mammals. Pile Mammal Observer (MMO) has systems may be more effective than non- driving will only commence once determined, through sighting, that the stacked systems in areas with high observers have declared the shutdown animal(s) has moved outside the Level current and deep water (Oestman et al., zone clear of marine mammals; animals A harassment zone, or if 15 minutes 2009). will be allowed to remain in the have passed without resighting the A confined bubble curtain contains shutdown zone (i.e., must leave of their animals. the air bubbles within a flexible or rigid own volition) and their behavior will be In addition to the measures described sleeve made from plastic, cloth, or pipe. monitored and documented. The later in this section, the MOS would Confined bubble curtains generally offer shutdown zone may only be declared employ the following standard higher attenuation levels than clear, and pile driving started, when the mitigation measures: unconfined curtains because they may entire shutdown zone is visible (i.e., (a) Conduct briefings between physically block sound waves and they when not obscured by dark, rain, fog, construction supervisors and crews, prevent air bubbles from migrating away etc.). In addition, if such conditions marine mammal monitoring team, and from the pile. For this reason, the should arise during impact pile driving other staff prior to the start of all pile confined bubble curtain is commonly that is already underway, the activity driving activity, and when new used in areas with high current velocity would be halted. personnel join the work, in order to (Oestman et al., 2009). (3) If a marine mammal approaches or explain responsibilities, communication Both environmental conditions and enters the shutdown zone during the procedures, marine mammal monitoring the characteristics of the sound course of pile driving operations, protocol, and operational procedures. attenuation device may influence the (b) For in-water heavy machinery activity will be halted and delayed until effectiveness of the device. According to work other than pile driving (using, e.g., either the animal has voluntarily left Oestman et al. (2009): standard barges, tug boats, barge- and been visually confirmed beyond the • In general, confined bubble curtains shutdown zone or 15 minutes have mounted excavators, or clamshell equipment used to place or remove attain better sound attenuation levels in passed without re-detection of the areas of high current than unconfined animal. Monitoring will be conducted material), if a marine mammal comes within 10 m, operations shall cease and bubble curtains. If an unconfined device throughout the time required to drive a is used, high current velocity may pile. vessels shall reduce speed to the minimum level required to maintain sweep bubbles away from the pile, Ramp Up or Soft Start steerage and safe working conditions. resulting in reduced levels of sound Time Restrictions—In-water work attenuation. The use of a soft start procedure is • believed to provide additional would occur only during daylight hours, Softer substrates may allow for a protection to marine mammals by when visual monitoring of marine better seal for the device, preventing warning or providing a chance to leave mammals can be conducted. To leakage of air bubbles and escape of the area prior to the hammer operating minimize impacts to hooligan, Pacific sound waves. This increases the at full capacity, and typically involves herring, and capelin, during their effectiveness of the device. Softer a requirement to initiate sound from the spawning and migration period, all in- substrates also provide additional hammer at reduced energy followed by water pile extraction and installation attenuation of sound traveling through a waiting period. This procedure is will be suspended during this time the substrate. • repeated two additional times. It is (April 1 through May 31). Flat bottom topography provides a difficult to specify the reduction in Sound attenuation devices—Sound better seal, enhancing effectiveness of energy for any given hammer because of levels can be greatly reduced during the sound attenuation device, whereas variation across drivers and, for impact impact pile driving using sound sloped or undulating terrain reduces or hammers, the actual number of strikes at attenuation devices. There are several eliminates its effectiveness. reduced energy will vary because types of sound attenuation devices • Air bubbles must be close to the operating the hammer at less than full including bubble curtains, cofferdams, pile; otherwise, sound may propagate power results in ‘‘bouncing’’ of the and isolation casings (also called into the water, reducing the hammer as it strikes the pile, resulting temporary noise attenuation piles effectiveness of the device. in multiple ‘‘strikes.’’ The project will [TNAP]), and cushion blocks. The MOS • Harder substrates may transmit utilize soft start techniques for all proposes to use bubble curtains and pile ground-borne sound and propagate it vibratory and impact pile driving. The caps. Pile caps include a mat that rests into the water column. MOS will initiate sound from vibratory on the piles that have been driven into The literature presents a wide array of hammers for fifteen seconds at reduced soft or unstable ground to provide a observed attenuation results for bubble energy followed by a 1-minute waiting suitable stable foundation, thus curtains (e.g., Oestman et al., 2009; period, with the procedure repeated two reducing sound levels. Bubble curtains Coleman, 2011;). The variability in additional times. For impact driving, we create a column of air bubbles rising attenuation levels is due to variation in require an initial set of three strikes around a pile from the substrate to the design, as well as differences in site from the impact hammer at reduced water surface. The air bubbles absorb conditions and difficulty in properly energy, followed by a 1-minute waiting and scatter sound waves emanating installing and operating in-water period, then two subsequent three strike from the pile, thereby reducing the attenuation devices. As a general rule, sets. Soft start will be required at the sound energy. reductions of greater than 10 dB cannot beginning of each day’s pile driving Bubble curtains may be confined or be reliably predicted. For 36-in piles the work and at any time following a unconfined. An unconfined bubble average rms reduction with use of the cessation of pile driving of thirty curtain may consist of a ring seated on bubble curtain was nine dB, where the minutes or longer. the substrate and emitting air bubbles averages of all bubble-on and bubble-off If a marine mammal is present within from the bottom. An unconfined bubble data were compared. For 48-in piles, the the Level A harassment zone, ramping curtain may also consist of a stacked average SPL reduction with use of a VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26647 bubble curtain was seven dB for average contractor’s discretion, in order to (1) Avoidance or minimization of rms values. reduce the potential for water quality injury or death of marine mammals To avoid loss of attenuation from impacts and the transport of suspended wherever possible (goals 2, 3, and 4 may design and implementation errors, the solids beyond the project dredging contribute to this goal). MOS has required specific bubble boundaries. (2) A reduction in the numbers of curtain design specifications, including Because they are mostly impermeable, marine mammals (total number or testing requirements for air pressure and silt curtains are easily affected by tides number at biologically important time flow prior to initial impact hammer use, and currents and their effectiveness can or location) exposed to received levels and a requirement for placement on the be adversely impacted by high current of pile driving, or other activities substrate. Bubble curtains shall be used velocities, moderate to large wave expected to result in the take of marine during all impact pile driving. The conditions, or large tidal variation. The mammals (this goal may contribute to 1, device will distribute air bubbles required height of the silt curtain will be above, or to reducing harassment takes around 100 percent of the piling determined during subsequent design to only). perimeter for the full depth of the water determine a height that balances (3) A reduction in the number of column, and the lowest bubble ring environmental protection and the times (total number or number at shall be in contact with the mudline for efficiency to maintain the silt curtain in biologically important time or location) the full circumference of the ring. We place during dredging based on tidal individuals would be exposed to stimuli considered six dB as potentially the best and current velocities in the harbor. The expected to result in incidental take of estimate of average SPL (rms) reduction, effectiveness of the silt curtain will be marine mammals (this goal may assuming appropriate deployment and monitored during construction and contribute to 1, above, or to reducing no problems with the equipment. changes may be implemented based on harassment takes only). Therefore, a six dB reduction was used the results of monitoring to either (4) A reduction in the intensity of in the MOS’s analysis of pile driving enhance the protection of the silt exposures (either total number or noise in the environmental analyses. curtain or otherwise make modifications number at biologically important time or location to stimuli expected to result Timing Restrictions to the silt curtain configuration to provide for more effective dredge in incidental take (this goal may In the SOT, designated timing contribute to 1, above, or to reducing the restrictions exist for pile driving operations while still meeting water quality requirements. severity of harassment takes only). activities to avoid in-water work during (5) Avoidance or minimization of Contamination sequencing involves the hooligan run in the spring (April adverse effects to marine mammal prioritizing the removal of the most and May) when marine mammals arrive habitat, paying particular attention to impacted areas (i.e., the area with the in huge numbers to feed. The in-water the prey base, activities that block or highest observed concentrations of work window is between July and limit passage to or from biologically contaminants of concern) before the October, to avoid this spawning run. All important areas, permanent destruction surrounding areas. Ultimately, the in-water construction activities will of habitat, or temporary destruction/ necessary phasing and sequencing of the occur during daylight hours (sunrise to disturbance of habitat during a overall project (e.g., dock demolition to sunset) biologically important time. facilitate remedial dredging) must be Contaminant Exposure Mitigation (6) For monitoring directly related to taken into consideration along with the mitigation—an increase in the To minimize the potential for marine safety of the dredging contractor. probability of detecting marine mammals to be exposed to harmful or Mitigation Conclusions mammals, thus allowing for more toxic contaminants in the sediment effective implementation of the during dredging operations, mitigation NMFS has carefully evaluated the mitigation. measures will be employed. These applicant’s proposed mitigation Based on our evaluation of the measures include a partial height silt measures and considered a range of applicant’s proposed measures, as well curtain and contamination sequencing. other measures in the context of as other measures considered by NMFS, The objective when using silt curtains is ensuring that NMFS prescribes the NMFS has preliminarily determined to create a physical barrier around the means of affecting the least practicable that the proposed mitigation measures dredge equipment by protecting against impact on the affected marine mammal provide the means of effecting the least the spread of suspended sediment that species and stocks and their habitat. Our practicable impact on marine mammals is generated during dredging operations evaluation of potential measures species or stocks and their habitat, in the portion of the water column in included consideration of the following paying particular attention to rookeries, which the silt curtain extends. Silt factors in relation to one another: (1) mating grounds, and areas of similar curtains can be effective tools to The manner in which, and the degree to significance. minimize or reduce potential water which, the successful implementation of Proposed measures to ensure quality impacts during dredging, when the measure is expected to minimize availability of such species or stock for used properly and in the right site adverse impacts to marine mammals; (2) taking for certain subsistence uses are conditions. The silt curtain will be the proven or likely efficacy of the discussed later in this document (see constructed of flexible, reinforced, specific measure to minimize adverse Impact on Availability of Affected thermoplastic material with flotation impacts as planned; and (3) the Species or Stock for Taking for material in the upper hem and ballast practicability of the measure for Subsistence Uses section). material in the lower hem. The curtain applicant implementation, will be placed in the water surrounding Any mitigation measure(s) prescribed Proposed Monitoring and Reporting the dredging operation. The by NMFS should be able to accomplish, In order to issue an IHA for an specifications will require that the have a reasonable likelihood of activity, section 101(a)(5)(D) of the Contractor maintain the silt curtain(s) accomplishing (based on current MMPA states that NMFS must set forth around either the point of dredging or science), or contribute to the ‘‘requirements pertaining to the the dredging area (and potentially other accomplishment of one or more of the monitoring and reporting of such in-water construction areas) at the general goals listed below: taking.’’ The MMPA implementing VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26648 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices regulations at 50 CFR 216.104 (a)(13) and MOS authorities will meet to • The waters will continue to be indicate that requests for incidental take determine the most appropriate scanned for at least 30 minutes after pile authorizations must include the observation platform(s) for monitoring driving has completed each day, and suggested means of accomplishing the during pile installation and extraction. after each stoppage of 30 minutes or necessary monitoring and reporting that Based on our requirements, the MOS greater. will result in increased knowledge of would implement the following Data Collection the species and of the level of taking or procedures for pile driving: impacts on populations of marine • Individuals meeting the minimum We require that observers use mammals that are expected to be qualifications identified in the approved data forms. Among other present in the proposed action area. applicant’s monitoring plan (Appendix pieces of information, the MOS will Any monitoring requirement we A of the application) would monitor record detailed information about any prescribe should improve our Level A and Level B harassment zones implementation of shutdowns, understanding of one or more of the during pile driving and extraction including the distance of animals to the following: activities. pile and description of specific actions • Occurrence of marine mammal • The area within the Level B that ensued and resulting behavior of species in action area (e.g., presence, harassment threshold for impact driving the animal, if any. In addition, the MOS abundance, distribution, density). will be monitored by appropriately will attempt to distinguish between the • Nature, scope, or context of likely stationed MMOs. Any marine mammal number of individual animals taken and marine mammal exposure to potential documented within the Level B the number of incidents of take. We stressors/impacts (individual or harassment zone during impact driving require that, at a minimum, the cumulative, acute or chronic), through would constitute a Level B take following information be collected on better understanding of: (1) Action or (harassment), and will be recorded and the sighting forms: environment (e.g., source reported as such. • Date and time that monitored characterization, propagation, ambient • During impact and vibratory pile activity begins or ends; noise); (2) Affected species (e.g., life driving, a shutdown zone will be • Construction activities occurring history, dive patterns); (3) Co- established to include all areas where during each observation period; occurrence of marine mammal species the underwater SPLs are anticipated to • Weather parameters (e.g., percent with the action; or (4) Biological or equal or exceed the Level A (injury) cover, visibility); behavioral context of exposure (e.g., age, criteria for marine mammals (180 dB • Water conditions (e.g., sea state, calving or feeding areas). isopleth for cetaceans; 190 dB isopleth tide state); • Individual responses to acute for pinnipeds). Pile installation will not • Species, numbers, and, if possible, stressors, or impacts of chronic commence or will be suspended sex and age class of marine mammals; exposures (behavioral or physiological). temporarily if any marine mammals are • Description of any observable • How anticipated responses to observed within or approaching the marine mammal behavior patterns, stressors impact either: (1) Long-term area. including bearing and direction of travel fitness and survival of an individual; or • The individuals will scan the and distance from pile driving activity; (2) Population, species, or stock. waters within each monitoring zone • Distance from pile driving activities • Effects on marine mammal habitat activity using binoculars, spotting to marine mammals and distance from and resultant impacts to marine scopes, and visual observation. the marine mammals to the observation mammals. • Use a hand-held or boat-mounted point; • Mitigation and monitoring GPS device or rangefinder to verify the • Description of implementation of effectiveness. required monitoring distance from the mitigation measures (e.g., shutdown or The MOS submitted a marine project site. delay); mammal monitoring plan as part of the • If poor environmental conditions • Locations of all marine mammal IHA application for this project, which restricts the observers’ ability to make observations; and can be found at www.nmfs.noaa.gov/pr/ observations within the marine mammal • Other human activity in the area. permits/incidental/construction.htm. shutdown zone (e.g. excessive wind or Reporting The plan may be modified or fog, high beaufort state), pile installation supplemented based on comments or will cease. Pile driving will not be A draft report would be submitted to new information received from the initiated until the entire shutdown zone NMFS within 90 days of the completion public during the public comment is visible. of marine mammal monitoring, or sixty period. • Conduct pile driving and extraction days prior to the requested date of activities only during daylight hours issuance of any future IHA for projects Visual Marine Mammal Observation from sunrise to sunset when it is at the same location, whichever comes The MOS will collect sighting data possible to visually monitor marine first. The report will include marine and behavioral responses to mammals. mammal observations pre-activity, construction for marine mammal • The waters will be scanned 15 during-activity, and post-activity during species observed in the region of minutes prior to commencing pile pile driving days, and will also provide activity during the period of activity. All driving at the beginning of each day, descriptions of any behavioral responses observers will be trained in marine and prior to commencing pile driving to construction activities by marine mammal identification and behaviors after any stoppage of 30 minutes or mammals and a complete description of and are required to have no other greater. If marine mammals enter or are all mitigation shutdowns and the results construction-related tasks while observed within the designated marine of those actions and an extrapolated conducting monitoring. The MOS will mammal shutdown zone during or 15 total take estimate based on the number monitor the shutdown zone and minutes prior to pile driving, the of marine mammals observed during the disturbance zone before, during, and monitors will notify the on-site course of construction. A final report after pile driving, with observers located construction manager to not begin until must be submitted within thirty days at the best practicable vantage points. the animal has moved outside the following resolution of comments on the The Marine Mammal Observers (MMOs) designated radius. draft report. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26649 In the unanticipated event that the injury or death is not associated with or information available to characterize specified activity clearly causes the take related to the activities authorized in the daily and seasonal movement and of a marine mammal in a manner IHA (e.g., previously wounded animal, distribution of affected marine prohibited by the IHA (if issued), such carcass with moderate to advanced mammals, it can be difficult to as serious injury or mortality (e.g., ship- decomposition, or scavenger damage), distinguish between the number of strike, gear interaction, and/or the MOS would report the incident to individuals harassed and the instances entanglement), the MOS would the Chief of the Permits and of harassment and, when duration of the immediately cease the specified Conservation Division, Office of activity is considered, it can result in a activities and immediately report the Protected Resources, NMFS, and the take estimate that overestimates the incident to the Chief of the Permits and NMFS West Coast Stranding Hotline number of individuals harassed. In Conservation Division, Office of and/or by email to the Alaska Stranding particular, for stationary activities, it is Protected Resources, NMFS, and the Coordinator, within 24 hours of the more likely that some smaller number of Alaska Stranding Coordinator. The discovery. The MOS would provide individuals may accrue a number of report would include the following photographs or video footage (if incidences of harassment per individual information: available) or other documentation of the than for each incidence to accrue to a • Time, date, and location (latitude/ stranded animal sighting to NMFS and new individual, especially if those longitude) of the incident; the Marine Mammal Stranding Network. individuals display some degree of • residency or site fidelity and the Name and type of vessel involved; Estimated Take by Incidental • Vessel’s speed during and leading impetus to use the site (e.g., because of Harassment up to the incident; foraging opportunities) is stronger than • Description of the incident; Except with respect to certain the deterrence presented by the • Status of all sound source use in the activities not pertinent here, section harassing activity. 24 hours preceding the incident; 3(18) of the MMPA defines Upland work can generate airborne • Water depth; ‘‘harassment’’ as: ‘‘. . . any act of sound and create visual disturbance that • Environmental conditions (e.g., pursuit, torment, or annoyance which (i) could potentially result in disturbance wind speed and direction, Beaufort sea has the potential to injure a marine to marine mammals (specifically, state, cloud cover, and visibility); mammal or marine mammal stock in the pinnipeds) that are hauled out or at the • Description of all marine mammal wild [Level A harassment]; or (ii) has water’s surface with heads above the observations in the 24 hours preceding the potential to disturb a marine water. However, because any haul-outs the incident; mammal or marine mammal stock in the in close proximity to the SOT would be • Species identification or wild by causing disruption of behavioral subsumed in the disturbance zone, description of the animal(s) involved; patterns, including, but not limited to, incidents of incidental take resulting • Fate of the animal(s); and migration, breathing, nursing, breeding, from airborne sound or visual • Photographs or video footage of the feeding, or sheltering [Level B disturbance would already be included animal(s) (if equipment is available). harassment].’’ in those counts. Activities would not resume until All anticipated takes would be by In order to estimate the potential NMFS is able to review the Level B harassment resulting from incidents of take that may occur circumstances of the prohibited take. vibratory pile driving and removal. incidental to the specified activity, we NMFS would work with the MOS to Level B harassment may result in must first estimate the extent of the determine what is necessary to temporary changes in behavior. Note sound field that may be produced by the minimize the likelihood of further that Level A harassment and lethal takes activity and then consider in prohibited take and ensure MMPA are not expected due to the proposed combination with information about compliance. The MOS would not be mitigation and monitoring measures marine mammal density or abundance able to resume their activities until that are expected to minimize the in the project area. We first provide notified by NMFS via letter, email, or possibility of such take. information on applicable sound telephone. If a marine mammal responds to a thresholds for determining effects to In the event that the MOS discovers stimulus by changing its behavior (e.g., marine mammals before describing the an injured or dead marine mammal, and through relatively minor changes in information used in estimating the the lead MMO determines that the cause locomotion direction/speed or sound fields, the available marine of the injury or death is unknown and vocalization behavior), the response mammal density or abundance the death is relatively recent (i.e., in less may or may not constitute taking at the information, and the method of than a moderate state of decomposition individual level, and is unlikely to estimating potential incidences of take. as described in the next paragraph), the affect the stock or the species as a MOS would immediately report the whole. However, if a sound source Sound Thresholds incident to the Chief of the Permits and displaces marine mammals from an We use the following generic sound Conservation Division, Office of important feeding or breeding area for a exposure thresholds to determine when Protected Resources, NMFS, and the prolonged period, impacts on animals, an activity that produces sound might Alaska Stranding Coordinator. and if so potentially on the stock or result in impacts to a marine mammal The report would include the same species, could potentially be significant such that a take by harassment might information identified in the paragraph (e.g., Lusseau and Bejder, 2007; occur. These thresholds (Table 4) are above. Activities would be able to Weilgart, 2007). Given the many used to estimate when harassment may continue while NMFS reviews the uncertainties in predicting the quantity occur (i.e., when an animal is exposed circumstances of the incident. NMFS and types of impacts of sound on to levels equal to or exceeding the would work with the MOS to determine marine mammals, it is common practice relevant criterion) in specific contexts; whether modifications in the activities to estimate how many animals are likely however, useful contextual information are appropriate. to be present within a particular that may inform our assessment of In the event that the MOS discovers distance of a given activity, or exposed effects is typically lacking and we an injured or dead marine mammal, and to a particular level of sound. In consider these thresholds as step the lead MMO determines that the practice, depending on the amount of functions. NMFS is working to revise VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26650 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices these acoustic guidelines; for more www.nmfs.noaa.gov/pr/acoustics/ information on that process, please visit guidelines.htm. TABLE 4—CURRENT ACOUSTIC EXPOSURE CRITERIA Criterion Criterion definition Threshold* Level A harassment (underwater) ...... PTS (injury) conservatively based on TTS ** .. 190 dB RMS for pinnipeds, 180 dB RMS for cetaceans. Level B harassment (underwater) ...... Behavioral disruption ...... 160 dB RMS (impulsive source), 120 dB RMS (continuous source). Level B harassment (airborne) ...... Behavioral disruption ...... 90 dB (harbor seals), 100dB (other pinnipeds) (unweighted). * All decibel levels referenced to 1 micropascal (re: 1 μPa). Note all thresholds are based off root mean square (RMS) levels. ** PTS = Permanent Threshold Shift; TTS = Temporary Threshold Shift. Distance to Sound Thresholds Department of Transportation have R 2 = the distance from the driven pile The sound field in the project area is compiled acoustic monitoring data for of the initial measurement the existing ambient noise plus various pile-driving projects within their respective states (WSDOT A practical spreading value of fifteen additional construction noise from the is often used under conditions, such as proposed project. The primary unpublished; ICF Jones & Stokes and at the Skagway ore terminal, where components of the project expected to Illingworth and Rodkin 2009, updated water increases with depth as the affect marine mammals is the sound in 2012). Upon review of these datasets, receiver moves away from the shoreline, generated by impact pile driving, it was determined that driving resulting in an expected propagation vibratory pile driving, and vibratory pile moderate-sized steel piles with a environment that would lie between removal. Dredging and direct pull and vibratory pile driver will generate sound spherical and cylindrical spreading loss clamshell removal of old timber piles do pressure levels (SPLs) of 170 dB RMS conditions. Practical spreading loss (4.5 not produce noise levels expected to (ICF Jones & Stokes and Illingworth and dB reduction in sound level for each result in take of marine mammals. This Rodkin 2009, updated in 2012). Noise doubling of distance) is assumed here. activity has been recorded at 124 dB levels are on the order of 150 dB rms peak at the 150 meter isopleth from pile removal activities. Distances to the harassment isopleths Underwater Sound Propagation (Dickerson et al 2001). While this vary by pile type and size, and by pile Formula—Pile driving generates activity may exceed marine mammal extraction/driving tool. These distances underwater noise that can potentially acoustic thresholds at its source, we do are summarized in Table 5. Note that result in disturbance to marine not expect this activity to rise above the actual area ensonified by pile mammals in the project area. background noise in this industrial area, driving or removal activities is Transmission loss (TL) is the decrease and therefore do not consider take for significantly constrained by local in acoustic intensity as an acoustic this activity. Depending on conditions, topography relative to the total pressure wave propagates out from a removal of timber piles may require threshold radius. The actual ensonified source. TL parameters vary with vibratory hammer removal. Impact area was determined using a straight frequency, temperature, sea conditions, hammering typically generates the line-of-sight projection from the current, source and receiver depth, loudest noise associated with pile anticipated pile driving locations. water depth, water chemistry, and driving. Distances shown in Table 5 are The project includes vibratory bottom composition and topography. estimated for free-field conditions, but removal of steel piles and creosote- The general formula for underwater TL areas are calculated per the actual treated piles, summarized in Table 1; is: conditions of the action area. See and vibratory installation of 24-, 36-, TL = B * log 10 (R 1/R 2), Figures 2–5 of the MOS’s application for 48-, and 60-inch diameter steel pipe Where: a depiction of areas in which each piles, summarized in Table 2. The TL = transmission loss in dB underwater sound threshold is Washington State Department of R 1 = the distance of the modeled SPL predicted to occur at the project area Transportation (WSDOT) and California from the driven pile, and due to pile driving or removal. TABLE 5—DISTANCES TO RELEVANT UNDERWATER SOUND THRESHOLDS AND AREAS OF ENSONIFICATION Distance to criterion (m) Pile type Pile size Area (in) Level A Level A (km2) Level B cetaceans pinnipeds Continuous (160 dB) (180 dB) (190 dB) (120dB) Impact ...... 24 1,848 86 18 ...... 3.93, 0.072, 0.031.* 36 1,585 74 16 ...... 3.00, 0.064, 0.029.* 48 2,154 100 22 ...... 4.96, 0.082, 0.033.* Vibratory ...... 60 ...... 100,000 21. Vibratory removal ...... 12 ...... 1,600 3.05. * Values are for 160 dB, 180 dB, and 190 dB, respectively. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26651 Marine Mammal Densities on an average production rate of 73 days represents the number of individuals Density data are only available for of vibratory and impact driving and 39 that may be taken by the specified harbor seals for this area of Alaska. days of pile removal. Note that impact activity. In fact, in the context of Potential exposures to impact and driving is likely to occur only on days stationary activities such as pile driving vibratory pile driving noise for each when vibratory driving occurs. and in areas where resident animals • threshold for all other marine mammals All marine mammal individuals may be present, this number represents were estimated using published reports potentially available are assumed to be the number of instances of take that may of group sizes and population estimates, present within the relevant area, and occur to a small number of individuals, and anecdotal observational reports thus incidentally taken; with a notably smaller number of • from local commercial entities. It is not An individual can only be taken animals being exposed more than once currently possible to identify all once during a 24-h period; and, • per individual. While pile driving can observed individuals to stock. All Exposures to sound levels at or occur any day throughout the in-water estimates are conservative and include above the relevant thresholds equate to work window, and the analysis is take, as defined by the MMPA. the following assumptions: conducted on a per day basis, only a • The estimation of marine mammal All pilings installed at each site fraction of that time (typically a matter would have an underwater noise takes typically uses the following of hours on any given day) is actually disturbance equal to the piling that calculation: causes the greatest noise disturbance Level B exposure estimate = N (number of spent pile driving. The potential (i.e., the piling farthest from shore) animals) in the ensonified area * Number effectiveness of mitigation measures in installed with the method that has the of days of noise generating activities reducing the number of takes is largest ZOI. The largest underwater There are a number of reasons why typically not quantified in the take disturbance ZOI would be produced by estimates of potential incidents of take estimation process. For these reasons, vibratory driving steel piles. The ZOIs may be overestimates of the number of these take estimates may be for each threshold are not spherical and individuals taken, assuming that conservative, especially if each take is are truncated by land masses on either available abundance estimates and considered a separate individual side of the channel which would estimated ZOI areas are accurate. We animal, and especially for pinnipeds. dissipate sound pressure waves. assume, in the absence of information See Table 6 for total estimated incidents • Exposures were based on estimated supporting a more refined conclusion, of take. work days. Numbers of days were based that the output of the calculation TABLE 6—CALCULATIONS FOR INCIDENTAL TAKE ESTIMATION N (animals) in Proposed authorized takes Species the ensonified Number of area days of activity Level A Level B Harbor Seal ...... 44 74 0 2,272 Steller sea lion ...... 32 74 0 1,184 Humpback whale ...... 2 42 0 84 Killer whale ...... 15 4 0 60 Harbor porpoise ...... 2 84 0 168 Dall’s porpoise ...... 3 15 0 45 Minke whale ...... 0 0 0 0 Total exposures ...... 0 3,813 Description of Marine Mammals in the over the past five years. The latest stock maximum local abundance of harbor Area of the Specified Activity assessment analysis indicates that there seals. is a 71 percent probability that the stock Because harbor seal numbers decrease Harbor Seals has declined by 1.8 percent over this after the spring hooligan spawning run, There are no documented long-term period (Muto and Angliss 2015). Using we estimate that the number of local haulout sites for harbor seals in Taiya seal stock assessment data from within animals within the behavioral zones is Inlet; however, seasonal haulouts are the Lynn Canal/Stephens Passage stock, estimated to be eight animals (one half present within five miles of the project the calculated density of this stock is 1.7 of the mean range within the lower area at Seal Cove and at the mouth of animals per square kilometer (total inlet). This estimate is based on the the Taiya River. During the spring run population divided by total area). This conservative assumption that about half of hooligan in April and May, 20 to over density was applied to the area within of the animals hauled out at Seal Cove 100 individual animals have been the behavioral impact zone for vibratory and the Taiya River mouth may be observed in these areas, with animals driving (21 square kilometers, which transiting through the behavioral zone within inner Taiya Inlet actively includes most of Taiya Inlet) for a total for vibratory driving at any given time feeding. After the spawning run, much of 36 animals in the whole of Taiya during the summer (14 days), for a total lower numbers of harbor seals are Inlet. These animals are mostly on of 112 takes. The haulouts themselves present. Local observers have found that haulouts in the vicinity of Seal Cove, are outside of the behavioral impact very few, if any; harbors seals are swimming in areas near the waterfront, zones, approximately five miles from present during the winter (R. Ford and and hauled out at the mouth of the the project area. No exposure to the K. Gross, personal communications). Taiya River. Proposed pile driving will injury zone is expected because of the Harbor seals within the Lynn Canal/ occur in March, and in July through mitigation measures designed to prevent Stephens Passage stock have maintained October, avoiding the hooligan Level A harassment. It is expected that a steady to slightly declining population spawning run and the period of the marine mammal monitoring VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26652 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices program will significantly prevent portion of the hauled out seals may Dall’s Porpoise injury take in this zone. Based on enter Taiya inlet during the salmon Dall’s porpoise are widely distributed calculated density estimates mentioned runs, we estimated that 16 Steller sea across the entire North Pacific Ocean. above, all 36 animals will be exposed to lions (half of the mean found on Taiya Throughout most of the eastern North the continuous noise behavioral zone, Rocks during the hooligan run) will be Pacific they are present during all which includes most of Taiya Inlet for present within Taiya Inlet during any months of the year, although there may all days when pile driving activities are given time while pile driving and pile be seasonal onshore-offshore expected to occur (60 days) for a total removal operations are occurring in the movements along the west coast of the of 2,160 takes during this time period. summer and fall (60 and 14 days, continental United States and winter Total requested harbor seal takes is respectively), for a total of 1,184 total movements of populations out of Prince 2,272. takes for Steller sea lions. Exposure to William Sound and areas in the Gulf of Steller Sea Lion pile-driving and removal activities Alaska and Bering Sea (Allen and during the winter is not expected to There are several long-term Steller sea Angliss 2014). lion haulouts in Lynn Canal but none occur. No Steller sea lions are expected Dahlheim et al. (2009) found Dall’s occur in Taiya Inlet. The nearest long- to be exposed to the small injury zone porpoise throughout Southeast Alaska, term Steller sea lion haulout is located near the facility. If any do appear, the with concentrations of animals at Gran Point, in the vicinity of Haines marine mammal monitoring program consistently found in Lynn Canal, approximately 20 miles south of would effectively prevent take. Stephens Passage, Icy Strait, upper Chatham Strait, Frederick Sound, and Skagway. Other year-round haulouts in Harbor Porpoises Lynn Canal are present at Met Point, Clarence Strait. Local observers have Benjamin Island, and Little Island, Harbor porpoise primarily frequent observed only three to six Dall’s closer to Juneau (Fritz et al. 2015). A coastal waters, and in the Gulf of Alaska porpoises in Taiya Inlet during the early seasonal haulout site is located on Taiya and Southeast Alaska, they occur most spring and late fall. Observations have Point rocks at the southern tip of Taiya frequently in waters less than 100 been occasional to sporadic, not Inlet. Estimates of 25 to 40 animals use meters (Dahlheim et al. 2009). Within occurring daily. The species has not this haulout for about three weeks the inland waters of Southeast Alaska, been observed near the waterfront, and during the hooligan run, during which the harbor porpoise distribution is no animals have been observed during the winter (K. Gross, personal they frequent the inlet (K. Gross, clumped, with greatest densities communication). This is consistent with personal communication). However, observed in the Glacier Bay/Icy Strait Dahlheim et al. (2009), who have only most animals leave the inlet shortly region, and near Zarembo and Wrangell documented this species in Lynn Canal after the hooligan run and are scarce Islands and the adjacent waters of as far north as Haines, Alaska, about 15 after about the first week in June. Sea Sumner Strait (Allen and Angliss 2014). miles south of Skagway and 5 miles lions are rarely observed in the inlet Dedicated research studies of harbor south of the continuous noise during the winter. This is consistent porpoise in this area only occur as far with the National Marine Mammal behavioral impact zone. The mean north in Lynn Canal as Haines during group size of Dall’s porpoise in Laboratory database (Fritz et al., 2015), the summer (Dahlheim et al., 2009; which has identified the largest number Southeast Alaska is estimated at three 2015); approximately 16 miles south of individuals (Dahlheim et al. 2009). For of Lynn Canal sea lions during the fall SOT. Group sizes were on average, and winter months at Benjamin Island the purposes of this analysis, we between 1.37–1.59 animals (less than 2) in the lower reaches of the canal. estimate that three animals will be Taiya Point Rocks are located (Dahlheim et al., 2009; 2015). In Lynn present in outer Taiya Inlet for the latter approximately 12 miles south of Canal, observations were less frequent, half of the summer pile-driving period. Skagway and 1.3 miles outside of the primarily in lower Lynn Canal from Since observations during the fall have continuous noise vibratory behavioral Chatham Strait to Juneau. The species been occasional, we also assume a impact zone. Given that sea lion has been observed as far north as Haines presence in the inlet every other day, for presence in Taiya Inlet occurs during during the summer (Dahlheim et al., a total of 15 days of exposure, and 45 the hooligan run, during which no pile 2009, Dalheim et al., 2015). Encounters total takes. Exposure to the behavioral driving will occur, and the nearest of small groups of two or three animals disturbance zone from impact pile haulout site is outside of the behavioral have been reported by local vessel driving or pile removal is not likely to impact zone, it is expected that Steller charters from spring through fall in occur, because the species has rarely sea lion exposure to pile driving will be Taiya Inlet. Observations have been been observed in areas close to the low. This is similar to observations from frequent, but not on a daily basis. The waterfront. local observers, who have reported one mean group size of harbor porpoise in to three sea lions in Taiya Inlet outside Southeast Alaska is estimated at two Killer Whales of the hooligan spawning run (K. Gross, individuals (Dahlheim et al. 2009). For Resident and transient killer whales personal communication). Sea lions the purposes of this analysis it is have been documented in the middle to have been observed in greater numbers estimated that two harbor porpoises will lower reaches of Lynn Canal, but not in nearby Lutak Inlet in the fall during be present in Taiya Inlet, but because within the upper reaches or in Taiya salmon runs, and at the Gran Point observations do not occur daily, we Inlet (Dahlheim et al., 2009). Two haulout near Haines. These observations estimate their presence within the inlet resident pods identified as AF and AG and data suggest that it is reasonable to on 75 percent of days during the pile pods were frequently encountered expect more sea lions to travel into driving period (84 days) for a total of throughout Icy Strait, Lynn Canal, Taiya Inlet (J. Womble, personal 168 take exposures. Exposure to the Stephens Passage, Frederick Sound and communication). There have been no behavioral disturbance zone from upper Chatham Strait (Dahlheim et al., observations of Steller sea lions in Taiya impact pile driving or pile removal is 2009). The seasonality of resident killer Inlet during the winter. Because Steller not likely to occur, because the species whales could not be investigated sea lions are sparse at times outside of has rarely been observed in areas close statistically owing to low encounter the hooligan spawning run, but a to the waterfront. rates. Mean group size of resident VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26653 whales did not vary significantly among sometimes fairly close to the Skagway Specifically, the specified activities may seasons and ranged from 19 to 33 waterfront. In 2015, only one whale was result in take, in the form of Level B individuals. observed for a few weeks close to harassment (behavioral disturbance), Transient killer whales were found in Skagway. On average, four to five from underwater sounds generated from all major waterways, including Lynn individuals may occur near the town pile driving and removal. Potential takes Canal in open-strait environments, near- during the spring hooligan run, after could occur if individuals of these shore waters, protected bays and inlets, which, only a few individuals are species are present in the ensonified and in ice-laden waters near tidewater observed on and off through the summer zone when pile driving and removal are glaciers (Dahlheim et al. 2009). (K. Gross, personal communication). No under way. Dahlheim et al. (2009) found that pile driving will occur during the spring The takes from Level B harassment transient killer whale mean group size hooligan run. For the purpose of this will be due to potential behavioral ranged from four to six individuals in analysis, because humpback whale disturbance and TTS. No mortality is Southeast Alaska. Transient killer whale occurrence is rare and generally occurs anticipated given the nature of the numbers were highest in summer, with in the spring when construction will not activity and measures designed to lower numbers observed in spring and occur, it is estimated that two minimize the possibility of injury to fall. Although this stock’s range humpback whales may be present over marine mammals. The potential for includes southeast Alaska, it has only two 3-week periods (42 days) during the these outcomes is minimized through been documented as far north as Lynn summer, for a total of 84 takes. Exposure the construction method and the Canal; therefore, while possible, to the behavioral disturbance zone from implementation of the planned occurrence north of Lynn Canal into impact pile driving or pile removal is mitigation measures (see Proposed Taiya Inlet is rare. not likely to occur, because the species Mitigation section). Vibratory driving Local observations indicate that has rarely been observed in areas close does not have significant potential to resident pods occasionally enter Taiya to the waterfront. cause injury to marine mammals due to Inlet, usually a group of 15 to 20 the relatively low source levels animals. These animals are typically Analysis and Preliminary produced and the lack of potentially observed only a few times a year (K. Determinations injurious source characteristics. Impact Gross, personal communication). In Negligible Impact driving does have the potential to injure 2015 a resident pod was only observed marine mammals; however; the marine in Taiya Inlet twice, remaining for one NMFS has defined ‘‘negligible mammal detection ability by trained to four days per visit (K. Gross, personal impact’’ in 50 CFR 216.103 as ‘‘. . . an observers is high under the communication). Based on these impact resulting from the specified environmental conditions described for observations, we conservatively used activity that cannot be reasonably the reconstruction of the SOT, which the larger group size for all killer whale expected to, and is not reasonably likely further enables the implementation of stocks (Northern residents), and the to, adversely affect the species or stock shutdowns to limit injury, serious likelihood of stocks being present, to through effects on annual rates of injury, or mortality. estimate a maximum of 60 killer whale recruitment or survival.’’ A negligible The MOS’s proposed activities are takes (e.g. for Northern residents, at impact finding is based on the lack of localized and of relatively short most, 15 killer whales may enter the likely adverse effects on annual rates of duration (maximum 73 days for pile inlet on two occasions during the recruitment or survival (i.e., population- driving activities; 39 days for pile summer, remaining in the inlet for two level effects). An estimate of the number removal, and a maximum of 40 days of days per visit. All other stocks would of Level B harassment takes alone is not dredging). The entire project area is likely be smaller in group size, and not enough information on which to base an limited to the SOT area and its occur as frequently). impact determination. In addition to immediate surroundings. These considering estimates of the number of localized and short-term noise Humpback Whale marine mammals that might be ‘‘taken’’ exposures may cause short-term Humpback whales are the most through behavioral harassment, we behavioral modifications in harbor commonly observed baleen whale in the consider other factors, such as the likely seals, Steller sea lions, killer whales, area and surrounding Southeast Alaska, nature of any responses (e.g., intensity, harbor porpoises, Dall’s porpoises, and particularly during spring and summer duration), the context of any responses humpback whales. Moreover, the months. Humpback whales in Alaska, (e.g., critical reproductive time or proposed mitigation and monitoring although not limited to these areas, location, migration), as well as the measures, including injury shutdowns, return to specific feeding locations such number and nature of estimated Level A soft start techniques, and multiple as Frederick Sound, Chatham Strait, harassment takes, the number of MMOs monitoring the behavioral and North Pass, Sitka Sound, Glacier Bay, estimated mortalities, and effects on injury zones for marine mammal Point Adolphus, and Prince William habitat. presence, are expected to reduce the Sound, as well as other similar coastal To avoid repetition, the discussion of likelihood of injury and behavior areas (Wing and Krieger 1983). In Lynn our analyses applies generally to all the exposures. Additionally, no important Canal they have been observed in the species listed in Table 3, given that the feeding and/or reproductive areas for spring and fall from Haines to Juneau. anticipated effects of this pile driving marine mammals are known to be Scientific surveys have not documented project on marine mammals are within the ensonification areas of the the species within Taiya Inlet expected to be relatively similar in proposed action area during the (Dahlheim et al., 2009). The humpback nature. Where there are species-specific construction time frame. whale population in Southeast Alaska factors that have been considered, they The project also is not expected to appears to be increasing with estimates are identified below. have significant adverse effects on of 547 animals in the mid-1980s Pile extraction and pile driving, affected marine mammals’ habitat. The (Angliss and Outlaw 2005) and 961 activities associated with the project activities would not modify animals in 2000 (Straley et al., 2002). reconstruction of the SOT, as outlined existing marine mammal habitat for a Local observers have reported previously, have the potential to disturb significant amount of time. The humpback whales in Taiya Inlet, or displace marine mammals. activities may cause some fish to leave VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26654 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices the area of disturbance, thus temporarily consideration the implementation of the will enter the disturbance zone once or impacting marine mammals’ foraging proposed monitoring and mitigation twice during the course of the project. opportunities in a limited portion of the measures, NMFS preliminarily finds Therefore, we can conservatively foraging range; but, because of the short that the total marine mammal take from estimate that, because of the gregarious duration of the activities and the the MOS’s reconstruction of the SOT nature of killer whales, a single pod of relatively small area of the habitat that will have a negligible impact on the resident (15–20) killer whales may may be affected, the impacts to marine affected marine mammal species or occur in the disturbance zone once or mammal habitat are not expected to stocks. twice during the course of the project. cause significant or long-term negative Small Numbers Analysis All other stocks are rare in this area; consequences. however their range includes southeast Effects on individuals that are taken Table 7 demonstrates the number of Alaska, and therefore they may occur in by Level B harassment, on the basis of animals that could be exposed to the upper reaches of Lynn Canal into reports in the literature as well as received noise levels that could cause Taiya inlet towards Skagway, albeit monitoring from other similar activities, Level B behavioral harassment for the infrequently. Because of this, it is will likely be limited to reactions such proposed work at the SOT project site. assumed that the Northern resident as increased swimming speeds, The numbers of animals authorized to stock is the stock most likely to be increased surfacing time, or decreased be taken for all species would be affected. However, there is a small foraging (if such activity were occurring) considered small relative to the relevant chance that a small number of (e.g., Thorson and Reyff, 2006; Lerma, stocks or populations even if each individuals of other stocks may be 2014). Most likely, individuals will estimated taking occurred to a new potentially affected. For example, simply move away from the sound individual—an extremely unlikely transient stocks have only been source and be temporarily displaced scenario. The total percent of the observed in Lynn Canal (outside of the from the areas of pile driving, although population for which take is requested area of ensonification), so it likely that— even this reaction has been observed is less than one percent for humpback if this stock were to enter the area of primarily only in association with whales (Central North Pacific stock), ensonification— the number of impact pile driving. Repeated exposures and less than 2.5 percent for affected transients exposed would be much of individuals to levels of sound that stocks of Steller sea lions (eDPS and smaller than the take estimate for all may cause Level B harassment are wDPS) and harbor porpoise (Southeast killer whales (e.g. average group size of unlikely to result in permanent hearing Alaska stock). The most recent 4–6 individuals with few occurrences in abundance estimate (83,400) for the impairment or to significantly disrupt the area), and would therefore be a affected stock of Dall’s porpoise (Alaska foraging behavior due to the lack of smaller percentage of the stock stock) is over 20 years old (Allen and quality foraging habitat near the ore abundance than what is calculated by Angliss 2012); therefore, the stock size terminal. Thus, even repeated Level B comparing the total authorized take for is unknown for Dall’s porpoise. The harassment of some small subset of the all killer whales to the abundance of total percent of the population for overall stock is unlikely to result in any this stock. Therefore, we assume that which take is requested is therefore also significant realized decrease in fitness the 60 takes will actually affect a unknown; however, the 45 total take for the affected individuals, and thus smaller number of the same individuals requests is a small enough number that would not result in any adverse impact of killer whales from any stock. to the stock as a whole. it would be considered a small percent In summary, this negligible impact of this stock, which we know is fairly Take requests are assumed to include analysis is founded on the following large based on anecdotal information. multiple harassments of the same factors: (1) The possibility of non- For killer whales (Alaska stock, individual(s), resulting in estimates of auditory injury, serious injury, or Northern resident stock, Gulf of Alaska Take Request Percent of Stock that are mortality may reasonably be considered stock, and West Coast transient stock) high compared to actual take that will discountable; (2) the anticipated and harbor seals (Lynn Canal/Stephens occur. This is the case with the harbor instances of Level B harassment consist Passage stock), the percentage of the seal (Lynn Canal/Stephens Passage of, at worst, temporary modifications in stock for which take is requested is less stock). As reported, a small number of behavior or potential TTS and; (3) the than 25 percent for all affected stocks. harbor seals, most of which reside in presumed efficacy of the proposed For pinnipeds, especially harbor seals Taiya Inlet year-round, will be exposed mitigation measures in reducing the occurring in the vicinity of the SOT, to vibratory pile driving and removal for effects of the specified activity to the there will almost certainly be some nearly 4 months. The total population level of least practicable impact. In overlap in individuals present day-to- estimate in the Lynn Canal/Stephens combination, we believe that these day, and these takes are likely to occur Passage stock is 9,478 animals over 1.37 factors, as well as the available body of only within some small portion of the million acres of area. This is a density evidence from other similar activities, overall regional stock. of 36 animals within Taiya Inlet. The demonstrate that the potential effects of The total authorized take for killer largest Level B harassment Zone within the specified activity will have only whales as compared to each potentially the inlet occupies 21.0 square short-term effects on individuals. The affected stock ranges from 2.7% to kilometers, which represents less than specified activity is not reasonably 24.7% of each population. In reality, it 0.4 percent of the total geographical area expected to and is not reasonably likely is highly unlikely that 60 individuals of occupied by the stock. The great to adversely affect the marine mammal any one killer whale stock will not be majority of these exposures will be to species or stocks through effects on temporarily harassed. Instead, it is the same animals that have habituated annual rates of recruitment or survival assumed that there will be a relatively to pile driving and pile removal and will therefore not result in short period of takes of a smaller activities within the inlet and the population-level impacts. number of the same individuals from general port activities associated with Based on the analysis contained any stock. We make this assumption the Skagway waterfront. Given that the herein of the likely effects of the because resident pods are known to Taiya Inlet area represents less than 0.4 specified activity on marine mammals occasionally frequent Taiya Inlet. It is percent of the total stock area, broader and their habitat, and taking into possible that all or part of these pods impacts to this stock are highly VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26655 unlikely. In addition, marine mammal Based on the analysis contained number of marine mammals potentially monitoring for the project can provide herein of the likely effects of the affected by the proposed action, NMFS an early alert in the unlikely event that specified activity on marine mammals finds that small numbers of marine cumulative exposure of seals residing in and their habitat, and taking into mammals will be taken relative to the the area is leading to adverse behavioral consideration the implementation of the populations of the affected species or or physical effects. mitigation and monitoring measures, stocks. which are expected to reduce the TABLE 7—ESTIMATED NUMBERS AND PERCENTAGE OF STOCK THAT MAY BE EXPOSED TO LEVEL B HARASSMENT Proposed Stock(s) Percentage of Species authorized abundance total stock takes estimate 1 Harbor Seal (Phoca vitulina) ...... 2,272 9,478 ...... 24 Lynn Canal/Stephens Passage Stock ...... Steller Sea Lion (Eumetopias jubatus) wDPS Stock ...... 1,184 49,497 ...... 2.4 eDPS Stock ...... 60,131 ...... 2.0 Harbor Porpoise (Phocoena phocoena) Southeast Alaska Stock ...... 168 11,146 ...... 1.5 Dall’s porpoise (Phocoenidae dalli) Alaska Stock ...... 45 unknown ...... n/a Killer Whale (Orcinus orca) Alaska stock ...... 2,347 ...... 2.6 Northern resident stock ...... 60 261 ...... 23 Gulf of Alaska stock ...... 587 ...... 10.2 West coast transient stock ...... 243 ...... 24.7 Humpback whale (Megaptera novaeangliae) Central North Pacific Stock ...... 84 10,252 ...... 0.82 1 All stock abundance estimates presented here are from the draft 2015 Alaska Stock Assessment Report. Based on the analysis contained Endangered Species Act (ESA) Proposed Incidental Harassment herein of the likely effects of the Authorization specified activity on marine mammals There are two marine mammal species that are listed as endangered As a result of these preliminary and their habitat, and taking into determinations, we propose to issue an consideration the implementation of the under the ESA with confirmed or possible occurrence in the study area: IHA to the MOS for conducting the mitigation and monitoring measures, Skagway Gateway Initiative Project, humpback whales and western DPS of which are expected to reduce the provided the previously mentioned Steller sea lions. Under section 7 of the number of marine mammals potentially mitigation, monitoring, and reporting affected by the proposed action, NMFS ESA, the United States Army Corps of requirements are incorporated. The preliminarily finds that small numbers Engineers (USACE) has begun proposed IHA language is provided of marine mammals will be taken consultation with NMFS on the next. relative to the populations of the proposed pile driving activities. NMFS This section contains a draft of the affected species or stocks. will also consult internally on the IHA. The wording contained in this issuance of an IHA under section section is proposed for inclusion in the Impact on Availability of Affected 101(a)(5)(D) of the MMPA for this IHA (if issued). Species for Taking for Subsistence Uses activity. Consultation will be concluded 1. This Incidental Harassment prior to a determination on the issuance Authorization (IHA) is valid from July 1, Alaska Natives have traditionally of an IHA. 2016 through June 30, 2017. harvested subsistence resources in 2. This Authorization is valid only for Alaska for many hundreds of years, National Environmental Policy Act in-water construction work associated particularly Steller sea lions and harbor (NEPA) with the Skagway Gateway Initiative seals. The proposed Project will occur NMFS is preparing an Environmental Project at the Skagway Ore Terminal. near but not overlap the subsistence 3. General Conditions. Assessment (EA) in accordance with the area used by the villages of Hoonah and (a) A copy of this IHA must be in the Angoon (Wolfe et al. 2013). Since all National Environmental Policy Act possession of the MOS, its designees, project activities will take place within (NEPA) and will consider comments and work crew personnel operating the immediate vicinity of the SOT, the submitted in response to this notice as under the authority of this IHA. project will not have an adverse impact part of that process. The EA will be (b) The species authorized for taking on the availability of marine mammals posted at http://www.nmfs.noaa.gov/pr/ include humpback whale (Megaptera for subsistence use at locations farther permits/incidental/construction.htm navaeangliae), killer whale (Orcinus away. No disturbance or displacement once it is finalized. NMFS is currently orca), Steller sea lion (Eumatopius of sea lions or harbor seals from conducting an analysis, pursuant to jubatus), harbor porpoise (Phocoena traditional hunting areas by activities NEPA, to determine whether or not this phocoena), Dall’s porpoise associated with the SOT project is proposed activity may have a significant (Phocoenoides dalli), and harbor seal effect on the human environment. This (Phoca vitulina richardii). expected. No changes to availability of (c) The taking, by Level B harassment subsistence resources will result from analysis will be completed prior to the issuance or denial of this proposed IHA. only, is limited to the species listed in SOT project activities. condition 3(b). See Table 1 for numbers of take authorized. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26656 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices TABLE 1—AUTHORIZED TAKE NUMBERS Proposed authorized takes Species N (animals) Number of days of activity Level A Level B Harbor Seal ...... 44 74 0 2,272 Steller sea lion ...... 32 74 0 1,184 Humpback whale ...... 2 42 0 84 Killer whale ...... 15 4 0 60 Harbor porpoise ...... 2 84 0 168 Dall’s porpoise ...... 3 15 0 45 Total exposures ...... 0 3,813 (d) The taking by injury (Level A completed without cessation, unless the the necessary contractual requirements harassment), serious injury, or death of animal approaches the Level A to ensure that such devices are capable any of the species listed in condition shutdown zone. Pile installation will be of achieving optimal performance, and 3(b), or any taking of any other species halted immediately before the animal that deployment of the device is of marine mammal is prohibited and enters the Level A zone. implemented properly such that no may result in the modification, (e) Use of Ramp Up/Soft Start. reduction in performance may be suspension, or revocation of this IHA. (i) The project will utilize soft start attributable to faulty deployment. (e) The MOS shall conduct briefings techniques for all vibratory and impact (g) Contaminant exposure mitigation between construction supervisors and pile driving. We require the MOS to measures—A silt curtain and a crews, marine mammal monitoring initiate sound from vibratory hammers contamination sequence will be used team, and staff prior to the start of all for fifteen seconds at reduced energy during all dredging activities. in-water pile driving, and when new followed by a 1-minute waiting period, (i) The silt curtain will be constructed personnel join the work, in order to with the procedure repeated two of flexible, reinforced, thermoplastic explain responsibilities, communication additional times. For impact driving, we material with flotation material in the procedures, marine mammal monitoring require an initial set of three strikes upper hem and ballast material in the protocol, and operational procedures. from the impact hammer at reduced lower hem. The curtain will be placed 4. Mitigation Measures energy, followed by a 1-minute waiting in the water surrounding the dredging The holder of this Authorization is period, then two subsequent three strike operation. The specifications will required to implement the following sets. require that the Contractor maintain the mitigation measures: (ii) Soft start will be required at the silt curtain(s) around either the point of (a) Time Restriction: For all in-water beginning of each day’s pile driving dredging or the dredging area at the pile driving activities, the MOS shall work and at any time following a contractor’s discretion. The operate only during daylight hours cessation of pile driving of 30 minutes effectiveness of the silt curtain will be when visual monitoring of marine or longer. monitored during construction. mammals can be conducted. All in- (iii) If a marine mammal is present (ii) The contractor will prioritize the water pile extraction and installation within the shutdown zone, ramping up removal of the most impacted areas (i.e., shall be completed by March 31, 2017. will be delayed until the animal(s) the area with the highest observed (b) Establishment of Level B leaves the Level A harassment zone. concentrations of contaminants of Harassment (ZOI) Activity will begin only after the MMO concern) before the surrounding areas. (i) For vibratory driving, the Level B has determined, through sighting, that (h) Standard mitigation measures. harassment area is contained within the animal(s) has moved outside the (i) Conduct briefings between Taiya Inlet, approximately 17 km from Level A harassment zone or if 15 construction supervisors and crews, the action area. This distance will serve minutes have passed without re-sighting marine mammal monitoring team, and as a shutdown zone for all other marine of the individual. MOS staff prior to the start of all pile mammals not listed in 3(b). During (iv) If a marine mammal is present in driving and extraction activity, and impact driving, the Level B harassment the Level B harassment zone, ramping when new personnel join the work, in zone shall extend to a minimum of up will begin and a Level B take will be order to explain responsibilities, 1,585 m for animals listed in 3(b). This documented. Ramping up will occur communication procedures, marine 1,585-meter distance will serve as a when these species are in the Level B mammal monitoring protocol, and shutdown zone for all other marine harassment zone whether they entered operational procedures. mammals not listed in 3(b). the Level B zone from the Level A zone, (ii) For in-water heavy machinery (c) Establishment of shutdown zone. or from outside the project area. work other than pile driving (e.g., (i) A 16-meter shutdown zone will be (v) If any marine mammal other than standard barges, tug boats, barge- in effect for Steller sea lions and harbor those listed in this IHA is present in the mounted excavators, or clamshell seals. The shutdown zone for Level A Level B harassment zone, ramping up equipment used to place or remove injury to cetaceans would be 74 meters. will be delayed until the animal(s) material), if a marine mammal comes (d) The Level A and Level B leaves the zone. Ramping up will begin within 10 meters, operations shall cease harassment zones will be monitored only after the MMO has determined, and vessels shall reduce speed to the throughout the time required to install through sighting, that the animal(s) has minimum level required to maintain or extract a pile. If a marine mammal is moved outside the harassment zone. steerage and safe working conditions. observed entering the Level B (f) Sound attenuation devices— (i) The MOS shall establish harassment zone, a Level B exposure Approved sound attenuation devices monitoring locations as described will be recorded and behaviors shall be used during impact pile driving below. documented. That pile segment will be operations. The MOS shall implement 5. Monitoring and Reporting VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices 26657 The holder of this Authorization is implementation of shutdowns, circumstances of the prohibited take. required to report all monitoring including the distance of animals to the NMFS would work with the MOS to conducted under the IHA within 90 pile and description of specific actions determine what is necessary to calendar days of the completion of the that ensued and resulting behavior of minimize the likelihood of further marine mammal monitoring the animal, if any. In addition, the MOS prohibited take and ensure MMPA (a) Visual Marine Mammal will attempt to distinguish between the compliance. The MOS would not be Monitoring and Observation number of individual animals taken and able to resume their activities until (i) At least one individual meeting the the number of incidents of take. At a notified by NMFS via letter, email, or minimum qualifications identified in minimum, the following information be telephone. Appendix A of the application by the collected on the sighting forms: (iii) In the event that the MOS MOS will monitor the shutdown and 1. Date and time that monitored discovers an injured or dead marine Level B harassment zones during impact activity begins or ends; and vibratory pile driving. 2. Construction activities occurring mammal, and the lead MMO determines (ii) During pile driving and extraction, during each observation period; that the cause of the injury or death is the shutdown zone, as described in 4(b), 3. Weather parameters (e.g., percent unknown and the death is relatively will be monitored and maintained. Pile cover, visibility); recent (i.e., in less than a moderate state installation or extraction will not 4. Water conditions (e.g., sea state, of decomposition as described in the commence or will be suspended tide state); next paragraph), the MOS would temporarily if any marine mammals are 5. Species, numbers, and, if possible, immediately report the incident to the observed within or approaching the area sex and age class of marine mammals; Chief of the Permits and Conservation of potential disturbance. 6. Description of any observable Division, Office of Protected Resources, (iii) The area within the Level B marine mammal behavior patterns, NMFS, and the Alaska Stranding harassment threshold for pile driving including bearing and direction of travel Hotline and/or by email to the Alaska and extraction will be monitored by and distance from pile driving activity; Regional Stranding Coordinators. The observers stationed to provide adequate 7. Distance from pile driving activities report would include the same view of the harassment zone. Marine to marine mammals and distance from information identified in the paragraph mammal presence within this Level B the marine mammals to the observation above. Activities would be able to harassment zone, if any, will be point; continue while NMFS reviews the monitored. Pile driving activity will not 8. Locations of all marine mammal circumstances of the incident. NMFS be stopped if marine mammals are observations; and would work with the MOS to determine found to be present. Any marine 9. Other human activity in the area. whether modifications in the activities mammal documented within the Level (c) Reporting Measures are appropriate. B harassment zone during impact (i) In the unanticipated event that the (iv) In the event that the MOS driving would constitute a Level B take specified activity clearly causes the take discovers an injured or dead marine (harassment), and will be recorded and of a marine mammal in a manner reported as such. prohibited by the IHA, such as an injury mammal, and the lead MMO determines (iv) The individuals will scan the (Level A harassment), serious injury or that the injury or death is not associated waters within each monitoring zone mortality (e.g., ship-strike, gear with or related to the activities activity using binoculars, spotting interaction, and/or entanglement), the authorized in the IHA (e.g., previously scopes, and visual observation. MOS would immediately cease the wounded animal, carcass with moderate (v) If waters exceed a sea-state, or specified activities and immediately to advanced decomposition, or poor environmental conditions restricts report the incident to the Chief of the scavenger damage), the MOS would the observers’ ability to make Permits and Conservation Division, report the incident to the Chief of the observations (e.g. excessive wind or Office of Protected Resources, NMFS, Permits and Conservation Division, fog), impact pile installation will cease and the Alaska Regional Stranding Office of Protected Resources, NMFS, until conditions allow the resumption of Coordinators. The report would include and the NMFS Alaska Stranding Hotline monitoring. the following information: and/or by email to the Alaska Regional (vi) The waters will be scanned 30 1. Time, date, and location (latitude/ Stranding Coordinator, within 24 hours minutes prior to commencing pile longitude) of the incident; of the discovery. The DOT&PF would driving or removal at the beginning of 2. Name and type of vessel involved; provide photographs or video footage (if each day, and prior to commencing pile 3. Vessel’s speed during and leading available) or other documentation of the driving or removal after any stoppage of up to the incident; stranded animal sighting to NMFS and 30 minutes or greater. If marine 4. Description of the incident; the Marine Mammal Stranding Network. mammals enter or are observed within 5. Status of all sound source use in 6. MOS is required to comply with the the designated marine mammal the 24 hours preceding the incident; Reasonable and Prudent Measures and shutdown zone during or 30 minutes 6. Water depth; Terms and Conditions of the ITS prior to impact pile driving, the 7. Environmental conditions (e.g., corresponding to NMFS’ Biological monitors will notify the on-site wind speed and direction, Beaufort sea Opinion issued to both U.S. Army Corps construction manager to not begin until state, cloud cover, and visibility); of Engineers and NMFS’ Office of 8. Description of all marine mammal the animal has moved outside the Protected Resources. designated radius. observations in the 24 hours preceding (vii) The waters will continue to be the incident; 7. This Authorization may be scanned for at least 30 minutes after pile 9. Species identification or modified, suspended or withdrawn if driving has completed each day, description of the animal(s) involved; the holder fails to abide by the (b) Data Collection 10. Fate of the animal(s); and conditions prescribed herein, or if (i) Observers are required to use 11. Photographs or video footage of NMFS determines the authorized taking approved data forms. Among other the animal(s) (if equipment is available). is having more than a negligible impact pieces of information, the MOS will (ii) Activities would not resume until on the species or stock of affected record detailed information about any NMFS is able to review the marine mammals. VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES 26658 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Notices Request for Public Comments Initiative Project. Please include with Dated: April 22, 2016. your comments any supporting data or Perry F. Gayaldo, NMFS requests comment on our literature citations to help inform our Deputy Director, Office of Protected analysis, the draft authorization, and final decision on MOS’s request for an Resources, National Marine Fisheries Service. any other aspect of the Notice of MMPA authorization. [FR Doc. 2016–10266 Filed 5–2–16; 8:45 am] Proposed IHA for the Skagway Gateway BILLING CODE 3510–22–P VerDate Sep<11>2014 19:17 May 02, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 E:\FR\FM\03MYN2.SGM 03MYN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Vol. 81 Tuesday, No. 85 May 3, 2016 Part III The President Proclamation 9431—Jewish American Heritage Month, 2016 Proclamation 9432—National Foster Care Month, 2016 Proclamation 9433—National Mental Health Awareness Month, 2016 VerDate Sep<11>2014 20:01 May 02, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03MYD0.SGM 03MYD0 asabaliauskas on DSK3SPTVN1PROD with D0 VerDate Sep<11>2014 19:38 May 02, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\03MYD0.SGM 03MYD0 asabaliauskas on DSK3SPTVN1PROD with D0 26661 Federal Register Presidential Documents Vol. 81, No. 85 Tuesday, May 3, 2016 Title 3— Proclamation 9431 of April 28, 2016 The President Jewish American Heritage Month, 2016 By the President of the United States of America A Proclamation At America’s birth, our Founders fought off tyranny and declared a set of ideals—including life, liberty, and the pursuit of happiness—that would forever guide our country’s course. For generations since, Jewish Americans, having shared in the struggle for freedom, have been instrumental in ensuring our Nation stays true to the principles enshrined in our founding documents. They have helped bring about enduring progress in every aspect of our society, shaping our country’s character and embodying the values we hold dear. This month, as we pay tribute to their indelible contributions, we recommit to ridding our world of bigotry and injustice and reflect on the extraordinary ways in which Jewish Americans have made our Union more perfect. Many of the Jewish people who reached our Nation’s shores throughout our history did so fleeing the oppression they encountered in areas around the world. Driven by the possibility of charting a freer future, they endeav- ored, on their own and as a community, to make real the promise of America—in their individual lives and in the life of our country. Determined to confront the racism that kept this promise from being fully realized, many Jewish Americans found a cause in the Civil Rights Movement that— in its call for freedom and justice—echoed the timeless message of Exodus and the Jewish people’s journey through the ages. Reflecting on the march in Selma, Rabbi Abraham Joshua Heschel once noted, ‘‘I felt my legs were praying.’’ From the fight for women’s rights to LGBT rights to workers’ rights, many in the Jewish American community, drawing on lessons from their own past, have trumpeted a clarion call for equality and justice. We cannot pay proper respect to the legacy of Jewish Americans without also reflecting on the rise of anti-Semitism in many parts of the world, and in remembering the lessons of the Holocaust, we recognize the imperative need to root out prejudice. Subjecting men, women, and children to persecu- tion on the basis of their ancestry and faith, the scourge of anti-Semitism demands that we declare through action and solidarity that an attack on one faith is an attack on all faiths. That is why the United States is leading the international effort to combat anti-Semitism—we helped organize the first United Nations General Assembly meeting on anti-Semitism last year, and we are asking countries around the world to join us in giving this challenge the focus it demands. In celebrating Jewish Americans’ contribu- tions to our country, we also reaffirm our unshakeable commitment to Israel’s security and the close bonds between our two nations and our peoples. Throughout my Administration, the multifaceted relationship between our countries has grown and strengthened to an unprecedented degree, particu- larly with regard to U.S.-Israeli security assistance and cooperation. The Jewish American experience and our Nation as a whole have always been held together by the forces of hope and resilience. During Jewish American Heritage Month, as we reflect on our past and look toward the future, let us carry forward our mutual legacy, grounded in our inter- connected roots, and affirm that it is from the extraordinary richness of our bond that we draw strength. And let us renew our dedication to the VerDate Sep<11>2014 19:38 May 02, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYD0.SGM 03MYD0 asabaliauskas on DSK3SPTVN1PROD with D0 26662 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Presidential Documents work of building a fully inclusive tomorrow—one where a great diversity of origins is not only accepted, but also celebrated—here at home and around the world. 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 May 2016 as Jewish American Heritage Month. I call upon all Americans to visit www.JewishHeritageMonth.gov to learn more about the heritage and contribu- tions of Jewish Americans and to observe this month with appropriate programs, activities, and ceremonies. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth. [FR Doc. 2016–10504 Filed 5–2–16; 11:15 am] Billing code 3295–F6–P VerDate Sep<11>2014 19:38 May 02, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYD0.SGM 03MYD0 asabaliauskas on DSK3SPTVN1PROD with D0 OB#1.EPS Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Presidential Documents 26663 Presidential Documents Proclamation 9432 of April 28, 2016 National Foster Care Month, 2016 By the President of the United States of America A Proclamation The success of our country tomorrow depends on the well-being of our children today. As a Nation, we have a duty to empower each child so they have the same sense of promise and possibility as any other young person no matter who they are, where they come from, or what their cir- cumstances are. Foster youth deserve the security and strong support struc- tures they need to achieve their dreams. During National Foster Care Month, we lift up our Nation’s foster children, celebrate the selfless men and women who embrace children in the foster care system, and we recommit to helping more children find permanency so they can feel stable, grounded, and free to fulfill their limitless potential. With open hearts, families and professionals across America work each day to give foster youth the resources, warmth, and care they need. Over 400,000 children remain in the foster care system, and tens of thousands of youth age out of foster care before they find their forever family. Only half of children in foster care complete high school by age 18, and less than 5 percent graduate college. Young people who age out of foster care without a permanent home are often at higher risk of entering the criminal justice system, and they can face greater challenges to completing an edu- cation, obtaining high-quality health care, and securing gainful employment. We also know kids are better off when raised by loving families, not institu- tions. These difficult outcomes are often exaggerated further when children are placed in group homes. I am committed to preventing youth from falling into these situations. I have proposed allowing child welfare agencies to use Federal funds to provide critical services and shelter to foster youth who have aged out of the system until they are 23. My Administration is also working to reduce abuse and neglect by focusing resources on strengthening families so children stay out of foster care in the first place. Children living in foster care are more likely than other children to be overprescribed medica- tion for social-emotional and mental health disorders. That is why my Admin- istration is encouraging greater use of evidence-based screening, assessment, and treatment of trauma and mental health disorders for kids in foster care. And because every child deserves access to quality, affordable health insurance, the Affordable Care Act requires each State to extend Medicaid coverage to foster children who have aged out of the foster care system until the age of 26. Children grow to become their best selves when they are surrounded by supportive families. Caretakers support foster youth and help them see a future of greater promise and hope. Last summer, the Supreme Court ruled that the Constitution guarantees marriage equality, giving more kids in foster care the opportunity to be part of a loving family. My Administration will continue fighting to ensure eligible and qualified caretakers have the chance to become an adoptive or foster parent regardless of race, religion, gender identity, or sexual orientation. The commitment and dependability of a family can provide foster youth with the confidence to write and control their own destiny. Family is the bedrock of the American story, and we VerDate Sep<11>2014 19:40 May 02, 2016 Jkt 235001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03MYD1.SGM 03MYD1 asabaliauskas on DSK3SPTVN1PROD with D1 26664 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Presidential Documents must do everything we can to support all young people so they can be free from harm, healthy, and ready to chart the course of our Nation’s unwritten history. When we create environments for all young people to grow and flourish and safely live as who they are regardless of race, background, religion, sexual orientation or gender identity our country is stronger. This month, and every month, let us pay tribute to the children in foster care and the dedicated parents and professionals who tirelessly work to shape their lives. And as a country, let us embrace the spirit that every child matters and continue working to provide all of our daughters and sons with an equal chance to lead productive and fulfilling lives, limited by nothing but the power of their imaginations and the scope of their dreams. 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 May 2016 as National Foster Care Month. I call upon all Americans to observe this month by taking time to help youth in foster care and recognizing the commitment of all who touch their lives. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth. [FR Doc. 2016–10505 Filed 5–2–16; 11:15 am] Billing code 3295–F6–P VerDate Sep<11>2014 19:40 May 02, 2016 Jkt 235001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03MYD1.SGM 03MYD1 asabaliauskas on DSK3SPTVN1PROD with D1 OB#1.EPS Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Presidential Documents 26665 Presidential Documents Proclamation 9433 of April 28, 2016 National Mental Health Awareness Month, 2016 By the President of the United States of America A Proclamation Nearly 44 million American adults, and millions of children, experience mental health conditions each year, including depression, anxiety, bipolar disorder, schizophrenia, and post-traumatic stress. Although we have made progress expanding mental health coverage and elevating the conversation about mental health, too many people still do not get the help they need. Our Nation is founded on the belief that we must look out for one another— and whether it affects our family members, friends, co-workers, or those unknown to us—we do a service for each other when we reach out and help those struggling with mental health issues. This month, we renew our commitment to ridding our society of the stigma associated with mental illness, encourage those living with mental health conditions to get the help they need, and reaffirm our pledge to ensure those who need help have access to the support, acceptance, and resources they deserve. In the last 7 years, our country has made extraordinary progress in expanding mental health coverage for more people across America. The Affordable Care Act prohibits insurance companies from discriminating against people based on pre-existing conditions, requires coverage of mental health and substance use disorder services in individual and small group markets, and expands mental health and substance use disorder parity policies, which are estimated to help more than 60 million Americans. Nearly 15 million more Americans have gained Medicaid coverage since October 2013, signifi- cantly improving access to mental health care. And because of more than $100 million in funding from the Affordable Care Act, community health centers have expanded behavioral health services for nearly 900,000 people nationwide over the past 2 years. Still, far too few Americans experiencing mental illnesses do not receive the care and treatment they need. That is why my most recent Budget proposal includes a new half-billion dollar investment to improve access to mental health care, engage individuals with serious mental illness in care, and help ensure behavioral health care systems work for everyone. Our Nation has made strong advances in improving prevention, increasing early intervention, and expanding treatment of mental illnesses. Earlier this year, I established a Mental Health and Substance Use Disorder Parity Task Force, which aims to ensure that coverage for mental health benefits is comparable to coverage for medical and surgical care, improve understanding of the requirements of the law, and expand compliance with it. Mental health should be treated as part of a person’s overall health, and we must ensure individuals living with mental health conditions can get the treatment they need. My Administration also continues to invest in science and research through the BRAIN initiative to enhance our understanding of the complex- ities of the human brain and to make it easier to diagnose and treat mental health disorders early. One of our most profound obligations as a Nation is to support the men and women in uniform who return home and continue fighting battles against mental illness. Last year, I signed the Clay Hunt SAV Act, which fills critical gaps in serving veterans with post-traumatic stress and other VerDate Sep<11>2014 19:41 May 02, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03MYD2.SGM 03MYD2 asabaliauskas on DSK3SPTVN1PROD with D2 26666 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Presidential Documents illnesses, increases peer support and outreach, and recruits more talented individuals to work on mental health issues at the Department of Veterans Affairs. This law will make it easier for veterans to get the care they need when they need it. All Americans, including service members, can get immediate assistance by calling the National Suicide Prevention Lifeline at 1–800–273–TALK or by calling 1–800–662–HELP. During National Mental Health Awareness Month, we recognize those Ameri- cans who live with mental illness and substance use disorders, and we pledge solidarity with their families who need our support as well. Let us strive to ensure people living with mental health conditions know that they are not alone, that hope exists, and that the possibility of healing and thriving is real. Together, we can help everyone get the support they need to recover as they continue along the journey to get well. 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 May 2016 as National Mental Health Awareness Month. I call upon citizens, government agencies, organizations, health care providers, and research institutions to raise mental health awareness and continue helping Americans live longer, healthier lives. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth. [FR Doc. 2016–10506 Filed 5–2–16; 11:15 am] Billing code 3295–F6–P VerDate Sep<11>2014 19:41 May 02, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03MYD2.SGM 03MYD2 asabaliauskas on DSK3SPTVN1PROD with D2 OB#1.EPS i Reader Aids Federal Register Vol. 81, No. 85 Tuesday, May 3, 2016 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY 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. 180 ...... 26135, 26141, 26147, Presidential Documents 3 CFR 26471 Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: The United States Government Manual 741–6000 9427...... 26089 9428...... 26091 52 ...... 26180, 26185, 26188, Other Services 9429...... 26093 26196, 26515 Electronic and on-line services (voice) 741–6020 9430...... 26095 9431...... 26661 Privacy Act Compilation 741–6064 46 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 9432...... 26663 9433...... 26665 Proposed Rules: 502...... 26517 ELECTRONIC RESEARCH 5 CFR Proposed Rules: World Wide Web 330...... 26173 50 CFR 731...... 26173 648...... 26412, 26452 Full text of the daily Federal Register, CFR and other publications is located at: www.fdsys.gov. 7 CFR 660...... 26157 Federal Register information and research tools, including Public 3555...... 26461 Inspection List, indexes, and Code of Federal Regulations are located at: www.ofr.gov. 14 CFR 39 ...... 26097, 26099, 26102, E-mail 26103, 26106, 26109, 26113, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 26115, 26121, 26124 an open e-mail service that provides subscribers with a digital 95...... 26465 form of the Federal Register Table of Contents. 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Send questions and comments about the 9...... 26507 Federal Register system to: [email protected] 33 CFR The Federal Register staff cannot interpret specific documents or 117...... 26129 regulations. 165...... 26468, 26470 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 37 CFR longer appears in the Federal Register. This information can be found online at http://bookstore.gpo.gov/. 380...... 26316 38 CFR FEDERAL REGISTER PAGES AND DATE, MAY 21...... 26130 26089–26460...... 2 40 CFR 26461–26666...... 3 52...... 26133 VerDate Sep 11 2014 20:06 May 02, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\03MYCU.LOC 03MYCU asabaliauskas on DSK3SPTVN1PROD with FRONTMATTER ii Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Reader Aids in today’s List of Public enacted public laws. 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