Vol. 81 Thursday, No. 42 March 3, 2016 Pages 11091–11406

Vol. 81 Thursday, No. 42 March 3, 2016

Pages 11091–11406

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 42

Thursday, March 3, 2016

Agriculture Department Energy Department See Forest Service See Energy Information Administration See Federal Energy Regulatory Commission Alcohol and Tobacco Tax and Trade Bureau NOTICES RULES Authorizations to Export Liquefied Natural Gas: Viticultural Areas: Jordan Cove Energy Project, LP; Amendment of Loess Hills District; Establishment, 11113–11116 Application, 11202–11203 Willamette Valley; Expansion, 11110–11113 Energy Information Administration Bureau of Consumer Financial Protection NOTICES RULES Agency Information Collection Activities; Proposals, Application Process for Designation of Rural Area under Submissions, and Approvals, 11204–11205 Federal Consumer Financial Law; Procedural Rule, Engineers Corps 11099–11102 NOTICES Centers for Medicare & Medicaid Services Environmental Assessments; Availability, etc.: Draft Master Plan and Shoreline Management Plan; NOTICES Privacy Act; Computer Matching Program, 11274–11277 Beaver Lake Flood Risk Management, Hydropower, Water Supply, Recreation, and Fish and Wildlife, Coast Guard 11199–11200 RULES Environmental Protection Agency Drawbridge Operations: RULES Saginaw River, Bay City, MI, 11118–11120 Air Quality State Implementation Plans; Approvals and PROPOSED RULES Promulgations: Safety Zones: Arizona: Phoenix Second 10-Year Carbon Monoxide Xterra Swim, Myrtle Beach, SC Intracoastal Waterway, Maintenance Plan, 11120–11121 Myrtle Beach, SC, 11161–11164 Pesticide Tolerances; Emergency Exemptions: Commerce Department Fluensulfone, 11121–11124 NOTICES See Foreign-Trade Zones Board Clean Air Act Operating Permit Program: See International Trade Administration Texas: Petition for Objection to State Operating Permit See National Oceanic and Atmospheric Administration Southwestern Electric Power Co. H.W. Pirkey Power Plant, 11209 Copyright Office, Library of Congress Land-Ban Exemptions: NOTICES Ineos Nitriles USA, LLC, 11209–11212 Agency Information Collection Activities; Proposals, Twenty-Ninth Update of the Federal Agency Hazardous Submissions, and Approvals: Waste Compliance Docket, 11212–11266 Section 512 Study; Extension, 11294 Farm Credit Administration Defense Department NOTICES See Engineers Corps Meetings; Sunshine Act, 11266–11267 See Navy Department NOTICES Federal Aviation Administration Arms Sales, 11193–11199 RULES Amendment of Class D and Class E Airspace: Education Department Minot, ND, 11103 NOTICES Establishment of Class E Airspace: Agency Information Collection Activities; Proposals, South Naknek, AK, 11102–11103 Submissions, and Approvals: PROPOSED RULES Annual Performance Report for Gaining Early Awareness Airworthiness Directives: and Readiness for Undergraduate Programs, 11201 BLANIK LIMITED Gliders, 11134–11136 Financial Report for the Endowment Challenge Grant Viking Air Limited Airplanes, 11132–11134 Program and Institutional Service Endowment Establishment of Class D Airspace; Revocation of Class D Activities, 11201–11202 Airspace; and Amendment of Class D and E Airspace: Formula Grant EASIE Electronic Application System for Destin, FL; Duke Field, Eglin AFB, FL; Eglin AF Aux No Indian Education, 11200–11201 3 Duke Field, FL; Eglin Air Force Base, FL; Eglin Hurlburt Field, FL; and Crestview, FL, 11136–11139 Employment and Training Administration Establishment of Class E Airspace: NOTICES Harlan, KY, 11139–11140 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Noise Compatibility Programs: Contractor Information Gathering, 11291–11294 Lafayette Regional Airport, Lafayette, LA, 11346–11347

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Release of Airport Property Requests: Health and Human Services Department Gainesville Municipal Airport, Gainesville, TX, 11347 See Centers for Medicare & Medicaid Services Waivers for Aeronautical Land-Use Assurance: See Food and Drug Administration Fort Worth Spinks Airport, Fort Worth, TX, 11346 See National Institutes of Health NOTICES Federal Communications Commission Consumer Health Data Aggregator Challenge; Requirements PROPOSED RULES and Registration, 11278–11280 Petitions for Reconsideration of Action in a Rulemaking Provider User-Experience Challenge; Requirements and Proceeding; Correction, 11166 Registration, 11277–11278

Federal Deposit Insurance Corporation Historic Preservation, Advisory Council NOTICES NOTICES Terminations of Receivership: Policy Statement on Historic Preservation and Community Community National Bank At Bartow, Bartow, FL, Revitalization, 11283–11287 11267–11268 Eastside Commercial Bank, Conyers, GA, 11267 Homeland Security Department First Guaranty Bank and Trust Co. of Jacksonville, See Coast Guard Jacksonville, FL, 11267 See Transportation Security Administration Olde Cypress Community Bank, Clewiston, FL, 11267 See U.S. Citizenship and Immigration Services Federal Energy Regulatory Commission See U.S. Customs and Border Protection NOTICES Combined Filings, 11205–11206, 11208–11209 Interior Department Environmental Assessments; Availability, etc.: See National Park Service ANR Pipeline Co., Collierville Expansion Project, 11206– RULES 11208 Freedom of Information Act Regulations, 11124–11131

Federal Housing Finance Agency Internal Revenue Service NOTICES RULES Privacy Act; Systems of Records, 11268–11270 Utility Allowances Submetering, 11104–11110 PROPOSED RULES Federal Railroad Administration Utility Allowances Submetering, 11160–11161 NOTICES NOTICES Petitions for Waivers of Compliance, 11347–11348 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11361 Federal Reserve System Low Income Taxpayer Clinic Grant Program: NOTICES 2016 Supplemental Grant Application Period, 11359– Agency Information Collection Activities; Proposals, 11360 Submissions, and Approvals, 11270–11273 Changes in Bank Control: International Trade Administration Acquisitions of Shares of a Bank or Bank Holding NOTICES Company, 11273 Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 11179–11187 Federal Transit Administration Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Proposed Equal Employment Opportunity Program Circular, Certain Uncoated Paper from Australia, Brazil, Indonesia, 11348–11351 the People’s Republic of China, 11174–11177 Certain Uncoated Paper from Indonesia and the People’s Food and Drug Administration Republic of China, 11187–11189 PROPOSED RULES Diamond Sawblades and Parts Thereof from the People’s General and Plastic Surgery Devices: Republic of China: Initiation and Preliminary Results Blood Lancets; Reclassification, 11140–11151 of Changed Circumstances Review, 11177–11179 Premarket Approval for Blood Lancets; Effective Date of Welded Stainless Pressure Pipe from India: Postponement Requirement, 11151–11160 of Preliminary Determination, 11179 Foreign-Trade Zones Board International Trade Commission NOTICES NOTICES Production Activities; Authorizations: Investigations; Determinations, Modifications, and Rulings, Foreign-Trade Zone 39, Dallas/Fort Worth, TX; KONE etc.: Inc. (Elevator Parts), Allen, TX, 11173 Generalized System of Preferences: Possible Foreign-Trade Zone 76, Bridgeport, CT; MannKind Corp. Modifications, 2015 Review, 11290–11291 Subzone 76B (Inhalable Insulin), Danbury, CT, 11173–11174 Labor Department Forest Service See Employment and Training Administration NOTICES Meetings: Library of Congress Deschutes Provinicial Advisory Committee, 11173 See Copyright Office, Library of Congress

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National Aeronautics and Space Administration Nuclear Regulatory Commission NOTICES NOTICES Meetings: Exemptions and Combined License Amendments: NASA Advisory Council; Technology, Innovation and Vogtle Electric Generating Station, Units 3 and 4; Engineering Committee, 11294 Southern Nuclear Operating Co.; Addition of Instruments to Design Reliability Assurance Program, National Endowment for the Arts 11295–11296 NOTICES License Modifications: Meetings: Duke Energy Corp., Crystal River Nuclear Generating National Council on the Arts, 11295 Plant Independent Spent Fuel Storage Installation, 11296–11302 National Foundation on the Arts and the Humanities Operator Licensing Examination Standards for Power See National Endowment for the Arts Reactors, 11302

National Highway Traffic Safety Administration Postal Regulatory Commission NOTICES NOTICES Denial of Motor Vehicle Defect Petition, 11351–11354 New Postal Products, 11303–11304 Importation Eligibility; Approvals: Rate Adjustments, 11302–11303 Model Year 2006–2007 European Market Ferrari 599 GTB Passenger Cars Manufactured Prior to September Postal Service 2007, 11354–11358 PROPOSED RULES Petitions for Inconsequential Noncompliance: Semipostal Stamp Program, 11164–11166 Supreme Corp., 11358–11359 NOTICES Meetings; Sunshine Act, 11304 National Institutes of Health NOTICES Presidential Documents Meetings: PROCLAMATIONS Center for Scientific Review, 11280–11282 Special Observances: National Cancer Institute, 11280–11282 American Red Cross Month (Proc. 9399), 11091–11092 National Institute of Allergy and Infectious Diseases, Irish-American Heritage Month (Proc. 9400), 11093– 11282 11094 National Institute of General Medical Sciences, 11281 National Colorectal Cancer Awareness Month (Proc. National Institute on Alcohol Abuse and Alcoholism, 9401), 11095–11096 11282–11283 Women’s History Month (Proc. 9402), 11097–11098

National Oceanic and Atmospheric Administration Securities and Exchange Commission PROPOSED RULES NOTICES Fisheries of the Caribbean, Gulf of Mexico, and South Applications: Atlantic: Deregistrations under the Investment Company Act, Reef Fish Fishery of the Gulf of Mexico; Gag Management 11304–11305 Measures, 11166–11168 Meetings; Sunshine Act, 11309 Fisheries of the Northeastern United States: Self-Regulatory Organizations; Proposed Rule Changes: Northeast Groundfish Fishery; Recreational Management EDGX Exchange, Inc., 11335–11337 Measures, 11168–11172 Financial Industry Regulatory Authority, Inc., 11337– NOTICES 11340 Endangered and Threatened Species: International Securities Exchange, LLC, 11305–11307 Takes of Anadromous Fish, 11192–11193 ISE Gemini, LLC, 11309–11311 Environmental Impact Statements; Availability, etc.: NASDAQ OMX PHLX, LLC, 11307–11309 Pacific Fishery Management Council, 11189–11192 NYSE MKT, LLC, 11311–11335 Meetings: Mid-Atlantic Fishery Management Council, 11192 Small Business Administration NOTICES National Park Service Women-Owned Small Business Federal Contract Program: NOTICES Identification of Eligible Industries, 11340–11343 Environmental Impact Statements; Availability, etc.: San Juan Promenade Extension Project from El Morro State Department Floating Battery Area to San Juan Bautista Plaza, NOTICES 11290 Culturally Significant Objects Imported for Exhibition: Minor Boundary Revision at Saratoga National Historical Pergamon and the Hellenistic Kingdoms of the Ancient Park, 11290 World, 11343–11344

Navy Department Surface Transportation Board RULES NOTICES Certifications and Exemptions under the International Track Construction and Operation Exemptions: Regulations for Preventing Collisions at Sea, 1972, Lone Star Railroad, Inc. and Southern Switching Co., 11116–11118 Howard County, TX, 11344

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Tennessee Valley Authority Consideration of Deferred Action for Childhood Arrivals, NOTICES 11289–11290 Environmental Impact Statements; Availability, etc.: Multiple Reservoirs Land Management Plans, 11344– 11346 U.S. Customs and Border Protection NOTICES Transportation Department Agency Information Collection Activities; Proposals, See Federal Aviation Administration Submissions, and Approvals: See Federal Railroad Administration Deferral of Duty on Large Yachts Imported for Sale, See Federal Transit Administration 11287 See National Highway Traffic Safety Administration NOTICES Commuter Authority Applications: Exec Air Inc. of Naples D/B/A Execair, 11359 Separate Parts In This Issue Transportation Security Administration RULES Part II Passenger Screening Using Advanced Imaging Technology, Homeland Security Department, Transportation Security 11364–11405 Administration, 11364–11405 Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Reader Aids U.S. Citizenship and Immigration Services Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals: To subscribe to the Federal Register Table of Contents Application for T Nonimmigrant Status; Application for LISTSERV electronic mailing list, go to http:// Immediate Family Member of T–1 Recipient; and listserv.access.gpo.gov and select Online mailing list Declaration of Law Enforcement Officer for Victim of archives, FEDREGTOC-L, Join or leave the list (or change Trafficking in Persons, etc., 11288 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 9399...... 11091 9400...... 11093 9401...... 11095 9402...... 11097 12 CFR 1026...... 11099 14 CFR 71 (2 documents) ...... 11102, 11103 Proposed Rules: 39 (2 documents) ...... 11132, 11134 71 (2 documents) ...... 11136, 11139 21 CFR Proposed Rules: 878 (2 documents) ...... 11140, 11151 26 CFR 1...... 11104 Proposed Rules: 1...... 11160 27 CFR 9 (2 documents) ...... 11110, 11113 32 CFR 706...... 11116 33 CFR 117...... 11118 Proposed Rules: 165...... 11161 39 CFR Proposed Rules: 551...... 11164 40 CFR 52...... 11120 180...... 11121 43 CFR 2...... 11124 47 CFR Proposed Rules: 15...... 11166 74...... 11166 49 CFR 1540...... 11364 50 CFR Proposed Rules: 622...... 11166 648...... 11168

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Federal Register Presidential Documents Vol. 81, No. 42

Thursday, March 3, 2016

Title 3— Proclamation 9399 of February 29, 2016

The President American Red Cross Month, 2016

By the President of the United States of America

A Proclamation

Over a century and a half ago, as gunfire echoed through America’s skies and division flared between North and South, a trailblazing woman, Clara Barton, braved bullets and cannon fire to deliver much-needed care, comfort, and supplies to wounded soldiers of the Civil War. Undaunted by expectations of women at the time, Clara Barton persevered, as she had her whole life, and strived to aid those who sacrificed to save our Union. Determined that humanitarianism could thrive in peace as well as in conflict, she carried her resolve overseas upon the war’s end and was introduced to a relief organization in Europe that inspired her to come home to the United States and establish the American Red Cross. Today, supporters, volunteers, and employees of the American Red Cross reflect the best of our Nation’s spirit—responding to tens of thousands of tragedies here at home each year and bringing relief and assistance to suffering individuals across the globe. In the last year, countless people from the American Red Cross and many other service organizations have served on the front lines of disaster and done the hard work of improving our country and our world, never asking for credit or glory, fame or fortune. From floods that ravaged the plains of the Midwest and the coastlines of South Carolina, to wildfires that scorched California, and an earthquake that devastated Nepal, the American Red Cross has distributed almost one million relief items and provided tens of millions of dollars in assistance to victims. And when an influx of migrants from Syria stretched the capacities of countries around the world, the American Red Cross deployed tens of thousands of volunteers across the Atlantic to provide medical care and essential resources. These selfless heroes inspire hope and offer help to those in need, and as stalwarts in our communities, they build individual resilience and safeguard our blood supply. The spirit of resilience and service that drives our people in the wake of tragedy is what makes us an anchor of global strength and stability. When hardship strikes, countries around the world look to our Nation for help, and the American Red Cross and similar organizations demonstrate what is possible when compassionate people come together to uphold the basic values that define America—that we are each other’s keepers and that we all must accept our obligations to one another. This month, let us be guided by the truth that we all share a similar destiny, and let us support organizations that work to lift up the lives of our planet’s most vulnerable people. Together, we can give everyone a place to turn in times of crisis and uncertainty. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America and Honorary Chairman of the American Red Cross, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2016 as American Red Cross Month. I encourage all Americans to observe this month with appropriate programs, ceremonies, and activities, and by supporting the work of service and relief organizations.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of February, 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. 2016–04842 Filed 3–2–16; 8:45 am] Billing code 3295–F6–P

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Proclamation 9400 of February 29, 2016

Irish-American Heritage Month, 2016

By the President of the United States of America

A Proclamation Hailing from the Emerald Isle, generations of Irishmen and women have helped shape the idea of America, overcoming hardship and strife through strength and sacrifice, faith and family. With an undying belief that tomorrow always yields a brighter day, Irish Americans symbolize the perpetual opti- mism that defines our country, and they have long embodied the truth at the heart of our promise—that no matter who you are or where you come from, in America, you can make it if you try. As we celebrate Irish-American Heritage Month, we recognize the Irish people’s contributions to our country’s dynamism, and we reaffirm the friendship and family ties between our two nations. For centuries, sons and daughters of Erin have come to America’s shores, adding to our rich vibrancy and putting their full hearts into everything they do. From building our country’s cities as preeminent architects and earnest laborers to building our national character as people of great joy and cherished culture, Irish Americans have endured intolerance and discrimination to find a place for themselves and their children here in the United States. While remembering the great Irish Americans of the past, we celebrate what forms the foundation of the lasting Irish-American story—a shared embrace of hard work and humil- ity, fairness and dignity, and a mutual quest to secure a freer and more peaceful future. Today, the United States and Ireland enjoy a thriving and cooperative bond buoyed by a strong legacy of exchanges between our peoples. During Irish- American Heritage Month, let us pay tribute to the extraordinary mark Irish Americans have made on our Nation, and let us look forward to continued collaboration, friendship, and partnership between our countries. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2016 as Irish-American Heritage Month. I call upon all Americans to observe this month with appropriate ceremonies, activities, and programs.

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[FR Doc. 2016–04865 Filed 3–2–16; 8:45 am] Billing code 3295–F6–P

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Proclamation 9401 of February 29, 2016

National Colorectal Cancer Awareness Month, 2016

By the President of the United States of America

A Proclamation Every year, more than 130,000 Americans are diagnosed with colorectal cancer, and it kills nearly 50,000—making it the second leading cause of cancer deaths in the United States. Colorectal cancer touches too many, and together, we must work to lift up those who have been affected by it and all who remain vulnerable to it. This month, as we remember the loved ones we have lost and lift up those who continue to fight colorectal cancer, we strive to save lives by raising awareness of this disease and encouraging everyone to take measures to prevent it. Although age, obesity, and certain genetic mutations can increase risk of colorectal cancer, all Americans should be aware of its risk factors, which include being physically inactive, having an unhealthy diet, smoking ciga- rettes, and consuming alcohol in excess. People who have had inflammatory bowel disease or who have a family history of colorectal cancer may also be at particularly high risk. While people of all ages should consult a physician about their susceptibility, individuals between ages 50 and 75 are encouraged to get regular screenings. Symptoms such as blood in stool, persistent stomach pains, and inexplicable weight loss can be present, but sometimes no symptoms occur, which is why early detection and treatment are key for battling colorectal cancer. I urge all people to visit www.Cancer.gov for more information, including early warning signs and tips for prevention. I am committed to combating all forms of cancer—including colorectal cancer—and to reaching a future when no family knows the pain cancer causes. Earlier this year, I announced a new initiative led by Vice President Joe Biden: a national effort to put the United States on a path to becoming the country that finally cures cancer once and for all—aiming within 5 years to make critical advances that may have otherwise taken more than a decade to achieve. And we have already proposed a $1 billion initiative to kick off this critical work. The Affordable Care Act now requires health care plans to cover certain recommended preventive services, including many screening tests for cancer, at no additional cost—an important provision that helps ensure more people can access critical tests. It also prohibits insurance companies from charging more for pre-existing conditions, including cancer. While work remains to be done to confront the challenges posed by colorectal cancer, we have made great progress in fighting it and informing people of its dangers. All people deserve to lead long, happy, and healthy lives, and nobody should be robbed of that promise due to the devastating impacts of colorectal cancer. During National Colorectal Cancer Awareness Month, let us honor the legacy of those we have lost to this cancer by spreading awareness of it, uplifting all who live with it, and pledging our full talent, resources, and will to defeating it. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2016 as

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National Colorectal Cancer Awareness Month. I encourage all citizens, government agencies, private businesses, non-profit organizations, and other groups to join in activities that will increase awareness and prevention of colorectal cancer. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of February, 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. 2016–04871 Filed 3–2–16; 8:45 am] Billing code 3295–F6–P

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Proclamation 9402 of February 29, 2016

Women’s History Month, 2016

By the President of the United States of America

A Proclamation Throughout history, women have driven humanity forward on the path to a more equal and just society, contributing in innumerable ways to our character and progress as a people. In the face of discrimination and undue hardship, they have never given up on the promise of America: that with hard work and determination, nothing is out of reach. During Women’s History Month, we remember the trailblazers of the past, including the women who are not recorded in our history books, and we honor their legacies by carrying forward the valuable lessons learned from the powerful examples they set. For too long, women were formally excluded from full participation in our society and our democracy. Because of the courage of so many bold women who dared to transcend preconceived expectations and prove they were capable of doing all that a man could do and more, advances were made, discoveries were revealed, barriers were broken, and progress tri- umphed. Whether serving in elected positions across America, leading groundbreaking civil rights movements, venturing into unknown frontiers, or programming revolutionary technologies, generations of women that knew their gender was no obstacle to what they could accomplish have long stirred new ideas and opened new doors, having a profound and positive impact on our Nation. Through hardship and strife and in every realm of life, women have spurred change in communities around the world, steadfastly joining together to overcome adversity and lead the charge for a fairer, more inclusive, and more progressive society. During Women’s History Month, we honor the countless women who sacrificed and strived to ensure all people have an equal shot at pursuing the American dream. As President, the first bill I signed into law was the Lilly Ledbetter Fair Pay Act, making it easier for working American women to effectively challenge illegal, unequal pay disparities. Additionally, my Administration proposed collecting pay data from businesses to shine a light on pay discrimination, and I signed an Executive Order to ensure the Federal Government only works with and awards contracts to businesses that follow laws that uphold fair and equal labor practices. Thanks to the Affordable Care Act, insurance companies can no longer charge women more for health insurance simply because of their gender. And last year, we officially opened for women the last jobs left unavailable to them in our military, because one of the best ways to ensure our Armed Forces remains the strongest in the world is to draw on the talents and skills of all Americans. Though we have made great progress toward achieving gender equality, work remains to be done. Women still earn, on average, less for every dollar made by men, which is why I continue to call on the Congress to pass the Paycheck Fairness Act—a sensible step to provide women with basic tools to fight pay discrimination. Meanwhile, my Administration has taken steps to support working families by fighting for paid leave for all Americans, providing women with more small business loans and opportunities, and addressing the challenges still faced by women and girls of color,

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who consistently face wider opportunity gaps and structural barriers—including greater discrepancies in pay. And although the majority of our Nation’s college and graduate students are women, they are still underrepresented in science, technology, engineering, and mathematics, which is why we are encouraging more women and girls to pursue careers in these fields. This May, the White House will host a summit on ‘‘The United State of Women,’’ to highlight the advances we have made in the United States and across the globe and to expand our efforts on helping women confront the challenges they face and reach for their highest aspirations. We must strive to build the future we want our children to inherit—one in which their dreams are not deferred or denied, but where they are uplifted and praised. We have come far, but there is still far to go in shattering the glass ceiling that holds women back. This month, as we reflect on the marks made by women throughout history, let us uphold the responsibility that falls on all of us—regardless of gender—and fight for equal opportunity for our daughters as well as our sons. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2016 as Women’s History Month. I call upon all Americans to observe this month and to celebrate International Women’s Day on March 8, 2016, with appropriate programs, ceremonies, and activities. I also invite all Americans to visit www.WomensHistoryMonth.gov to learn more about the generations of women who have left enduring imprints on our history. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of February, 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. 2016–04875 Filed 3–2–16; 8:45 am] Billing code 3295–F6–P

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Rules and Regulations Federal Register Vol. 81, No. 42

Thursday, March 3, 2016

This section of the FEDERAL REGISTER the creditor has extended credit secured which a person may apply to have an contains regulatory documents having general by properties in rural areas1 and a area designated by the Bureau as a rural applicability and legal effect, most of which special provision permits certain small area for purposes of a Federal consumer are keyed to and codified in the Code of creditors to originate balloon-payment financial law. Section 89002 of the Federal Regulations, which is published under qualified mortgages if the creditor has 50 titles pursuant to 44 U.S.C. 1510. HELP Rural Communities Act also extended a sufficient amount of credit provides details on many of the features The Code of Federal Regulations is sold by secured by properties in rural areas.2 of the process, including evaluation the Superintendent of Documents. Prices of The exemption and special provision criteria for the Bureau’s determinations new books are listed in the first FEDERAL listed above were adopted as part of the on these applications, a period for REGISTER issue of each week. Bureau’s mortgage rules implementing public comment on the applications, title XIV of the Dodd-Frank Wall Street and a sunset date for the application Reform and Consumer Protection Act process of two years after the date of BUREAU OF CONSUMER FINANCIAL (Dodd-Frank Act),3 pursuant to its enactment of the HELP Rural PROTECTION authority under the Truth in Lending Communities Act. The Bureau is issuing Act (TILA), as amended by the Dodd- 12 CFR Part 1026 this procedural rule to establish the Frank Act. The Bureau adopted process required by section 89002 of the RIN 3170–AA58 revisions to these provisions that were HELP Rural Communities Act. published in the Federal Register on Section 89003 of the HELP Rural Application Process for Designation of October 2, 2015.4 These revisions Communities Act separately made Rural Area under Federal Consumer included raising the loan origination amendments to TILA’s test with respect Financial Law; Procedural Rule limit for determining eligibility for to the Bureau’s discretionary authority small creditor status, including the AGENCY: Bureau of Consumer Financial to establish the escrow exemption and assets of a creditor’s affiliates that Protection. a special provision that permits certain regularly extended covered transactions ACTION: Final rule. small creditors to originate balloon- in the calculation of the asset limit for payment qualified mortgages. This SUMMARY: The Bureau of Consumer small-creditor status, expanding the definition of rural and underserved procedural rule relates solely to the Financial Protection (Bureau) is application process under section 89002 adopting a procedural rule establishing areas by adding census blocks that are not in urban areas as defined by the U.S. and not to those amendments. The an application process under which a Bureau understands that the HELP Rural person may identify an area that has not Census Bureau to the existing county- based definition, and extending the Communities Act amendments to TILA been designated by the Bureau as a rural may create some uncertainty for area for purposes of a Federal consumer transition period that allowed certain small creditors to make balloon- creditors regarding how the Bureau will financial law and apply for such area to exercise its newly expanded be so designated. Currently the Bureau payment qualified mortgages regardless of whether they operated predominantly discretionary authority with respect to designates rural areas for purposes of the exemption and special provision in certain Federal consumer financial laws in rural or underserved areas to April 1, question, particularly in light of the relating to mortgage lending. 2016. Title LXXXIX of the Fixing America’s Surface Transportation Act, April 1, 2016, expiration of the DATES: This final rule is effective March temporary period that allows certain 3, 2016. The Bureau will begin entitled the HELP Rural Communities 5 small creditors to originate balloon- accepting applications submitted Act, contained amendments to TILA and new provisions relating to the payment qualified mortgages and according to the procedure established balloon-payment high cost mortgages, herein on March 31, 2016. designation by the Bureau of rural areas under ‘‘a Federal consumer financial regardless of their operations in rural or FOR FURTHER INFORMATION CONTACT: Carl 6 law (as defined under section 1002 of underserved areas. The Bureau expects Owens, Terry J. Randall, and James the [Dodd-Frank Act]).’’ to issue another notice in the Federal Wylie, Counsels, Office of Regulations, Register shortly concerning the Consumer Financial Protection Bureau, B. HELP Rural Communities Act amendments under section 89003. The 1700 G Street NW., Washington, DC Application Process Bureau also anticipates providing an 20552, at 202–435–7700. Section 89002 of the HELP Rural interpretation of the term ‘‘rural area’’ in SUPPLEMENTARY INFORMATION: Communities Act requires the Bureau to section 89002(a) of the HELP Rural Communities Act in that notice that I. Background establish an application process under would define the type of area for which A. Rural Area Designations in Federal 1 12 CFR 1026.35(b), 1026.35(b)(2)(iii)(A), and applicants may submit applications Consumer Financial Law 1026.35(b)(2)(iv)(A). pursuant to this rule. The Bureau plans 2 12 CFR 1026.43(f)(1). Federal consumer financial law to issue that notice before it begins 3 Dodd-Frank Wall Street Reform and Consumer accepting applications pursuant to this provides special provisions and Protection Act, Public Law 111–203, 124 Stat. 1376 exemptions for certain creditors doing (2010). rule on March 31, 2016. business in rural areas. For example, an 4 Amendments Relating to Small Creditors and exemption from the requirement to Rural or Underserved Areas Under the Truth in 6 Amendments Relating to Small Creditors and Lending Act (Regulation Z), 80 FR 59943, 59944 Rural or Underserved Areas Under the Truth in establish an escrow account for a (Oct. 2, 2015). Lending Act (Regulation Z), 80 FR 59943, 59968 higher-priced mortgage loan (escrow 5 HELP Rural Communities Act, Public Law 114– (amending 12 CFR 1026.43(e)(i)(B)(ii)) (Oct. 2, exception) partially depends on whether 94 (2015). 2015).

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II. Procedural Requirements carry out the purposes and objectives of below in part VI.C shall be compiled Federal consumer financial law.10 The into a single portable document format A. Administrative Procedure Act Bureau is also issuing this rule pursuant (PDF) file. If the application is No notice of proposed rulemaking is to the requirements of section 89002(a) submitted by mail, hand delivery, or required under the Administrative of the HELP Rural Communities Act.11 courier, the applicant shall provide Procedure Act (APA) because this rule IV. Effective Date three copies of the complete relates solely to agency procedure and application. The application shall not practice.7 Because the rule relates solely The final rule is effective March 3, exceed 10 pages. to agency procedure and practice, it is 2016. The Bureau will begin accepting not substantive, and therefore is not applications submitted according to the B. Content subject to the 30-day delayed effective procedure established herein on March The application shall contain the date for substantive rules under section 31, 2016. The HELP Rural Communities following sections: 553(d) of the APA.8 The Bureau also Act provides that section 89002, which believes that this final rule meets the requires the Bureau to establish this 1. Area Identified requirements for the section 553(d)(3) process, shall cease to have any force or The application shall specifically exception for good cause. Congress, in effect on December 4, 2017. identify the area requested to be section 89002(a) of the HELP Rural V. Paperwork Reduction Act designated as a rural area and the State Communities Act, required the Bureau in which the area is located. An to establish an application process not According to the Paperwork application may identify more than one later than 90 days after the enactment of Reduction Act of 1995 (PRA) (44 U.S.C. area if the areas are contiguous (e.g., the HELP Rural Communities Act. 3501 et seq.) the Bureau may not counties that share a border). Additional Because the application process has a conduct or sponsor a collection of areas that are not contiguous (e.g., required sunset period of two years from information as defined by the PRA and, counties that do not share a border) the enactment of the HELP Rural notwithstanding any other provisions of must be identified in separate Communities Act under section law, persons are not required to respond applications. 89002(g), there is good cause to to a collection of information unless it The application shall provide establish the procedure immediately to displays a current valid Office of information describing the area provide the most time possible for Management and Budget (OMB) control identified, for example: applicants to use the application number. The collections of information a. The county that comprises the area process. Therefore, the Bureau finds that contained in this procedural rule, and or in which the area is located; or there is good cause to make the final identified as such, have been approved b. The Census block that comprises rule effective on March 3, 2016. Though by OMB and assigned the control the area, unless the area is comprised this final rule establishes the number 3170–0061. The information entirely of whole counties. application process immediately, the collection contained in this procedural rule is required to obtain a benefit. The 2. Justification for Designation as Rural Bureau will not begin accepting Area applications until March 31, 2016. In information collection under this addition the Bureau currently expects to procedural rule is an application to The applicant shall provide the issue a notice concerning the request that the Bureau apply a rural following information about the amendments under section 89003 of the designation to a specific geographic evaluation criteria in section 89002(b) of HELP Rural Communities Act before area. the HELP Rural Communities Act: March 31, 2016, in light of the April 1, VI. Application Process and a. Census Bureau 2016, expiration of the temporary Instructions provisions referenced in part I above, The application shall state whether and the Bureau expects that some A. Submission the area identified is classified as rural potential applicants may wish to The application shall be addressed to or urban by the Director of the Bureau consider the content of that notice in the CFPB Rural Application of the Census and, if rural, explain the determining whether to apply. The Coordinator, Bureau of Consumer basis for concluding that the area delay also will afford some time for the Financial Protection. identified was so classified, including Bureau to prepare internal procedures to It may be submitted using one of the by attaching any supporting receive applications. following methods: documentation as described below in • Email: CFPB_Rural_Application@ part VI.C. B. Regulatory Flexibility Act cfpb.gov. b. Office of Management and Budget Because no notice of proposed • Mail: ATTN: CFPB Rural rulemaking is required, the Regulatory Application Coordinator, Research, The application shall state whether Flexibility Act does not require an Markets, and Regulations Division, the area identified is classified as either initial or final regulatory flexibility Consumer Financial Protection Bureau, a metropolitan area, a micropolitan area, analysis.9 1700 G Street NW., Washington, DC or neither by the Director of the Office 20552. of Management and Budget and, if III. Legal Authority • Hand Delivery/Courier: ATTN: neither, explain the basis for concluding The Bureau is issuing this rule CFPB Rural Application Coordinator, that the area identified was so classified, pursuant to its authority under section Research, Markets, and Regulations including by attaching any supporting 1022(b)(1) of the Dodd-Frank Act, which Division, Consumer Financial documentation as described below in authorizes the Bureau to prescribe rules Protection Bureau, 1275 First Street NE., part VI.C. as may be necessary or appropriate to Washington, DC 20002. c. Department of Agriculture—Rural If the application is submitted by enable the Bureau to administer and Development email, it and all attachments described 7 5 U.S.C. 553(b). The application shall state whether 8 5 U.S.C. 553(d). 10 12 U.S.C. 5512(b)(1). the Secretary of Agriculture has 9 5 U.S.C. 603–604. 11 Public Law 114–94, Title LXXXIX (2015). determined that properties in the area

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identified are eligible for programs of business in the State in which the area application (e.g., because the Bureau the United States Department of identified is located and evidence cannot ascertain the relevant area from Agriculture Office of Rural Development supporting the statement as an the application), it shall contact the and, if so, explain the basis for attachment as described in part VI.C. applicant and specify the additional concluding that the Secretary has Such evidence could include, for information that is needed to complete determined as such, including by example, evidence of incorporation in an application. attaching any supporting documentation the State, evidence of licensure to do If the Bureau determines that the as described below in part VI.C. business in the State, evidence of applicant seeks the designation of a licensure to conduct a specific type of d. Department of Agriculture—Rural- rural area for an area that is already business in the State, or evidence of an Urban Commuting Codes designated as a rural area under the office in the State. The applicant may Federal consumer financial laws, for an The application shall state the most redact such evidence to withhold area for which an application is already recent primary and secondary rural- sensitive personal information that is pending, for an area for which an urban commuting codes from the not relevant to establishing that the application has been denied less than 90 Department of Agriculture for the area applicant does business in the State days before the receipt of the identified or of which the area where the area identified is located. The application, or if the Bureau determines identified is a part, including by applicant may also state on a cover page that the applicant neither lives nor does attaching any supporting documentation to the attachment that it wishes the business in the State in which the area as described below in part VI.C. entire attachment to be withheld from is located, the Bureau shall notify the e. State Bank Supervisor the Federal Register publication of the applicant that the Bureau will not attachment. The application shall state whether consider whether to designate the area the State bank supervisor, as defined by C. Attachments as rural and the reason for not considering the application. 12 U.S.C. 1813(r), of the State where the The application shall include any area identified is located has issued a other documents necessary to provide B. Publication of Application in the written opinion concerning whether the the required information above as Federal Register area identified should be designated as attachments. a rural area. Any such written opinion Not later than 60 days after receipt of shall be attached as described below in D. Further Instructions a complete application, the Bureau shall part VI.C. Applicants should not include publish the application in the Federal personal information other than Register. The Bureau may redact the f. Population Density information identified above in part application prior to publication in the The application shall provide the VI.B.3. The Bureau is required by the Federal Register to withhold any population density of the area identified HELP Rural Communities Act to publish unnecessary personal information expressed as the number of persons per the application in the Federal Register. included in the application, as square mile using data from the Bureau The Bureau may redact the application discussed above in part VI.D. of the Census and explain the data prior to publication in the Federal C. Public Comment on Application relied on, including by attaching Register to withhold any unnecessary supporting documentation as described personal information included in the The Bureau shall accept public below in part VI.C. The application application. comments on the application for not shall also provide the population VII. Process for Considering fewer than 90 days after publication in density of any nearby area with a greater the Federal Register. population density that has been Applications designated by the Bureau as a rural area. A. Receipt of Application and Initial D. Decision on Designation 3. Applicant Information Review The Bureau shall review the The application shall include the Upon receipt of a request pursuant to information contained in the following information about the this process, the Bureau shall review the application and the public comments applicant: request for preliminary matters, and, not later than 90 days after the end including: of the public comment period described a. Name 1. Completeness of the information set above in part VII.C, the Bureau shall The application shall include the forth above in part VI; grant or deny the application in whole name of the applicant. 2. Ensuring that the area identified is or in part and shall publish such grant not already designated as a rural area or denial in the Federal Register along b. Contact Information under the Federal consumer financial with an explanation of what factors the The application shall include laws; Bureau relied on in making such information about how to contact the 3. Determining if there is an determination. The Bureau shall base its applicant if the Bureau needs additional application already pending for the decision on the criteria set forth in information about the request. same area identified as described in section 89002(b) of the HELP Rural section 89002(d)(2) of the HELP Rural Communities Act and the rule of c. Living or Doing Business in the State Communities Act; and construction in section 89002(c) of the If the applicant is a natural person, 4. Determining if an application for HELP Rural Communities Act. A the application shall include only a the area identified has been denied less decision to grant an application in statement affirming that the applicant than 90 days before the receipt of the whole or in part shall specify the area lives or does business in the State in application as described in section designated as a rural area, and the time which the area identified is located. If 89002(f) of the HELP Rural period during which the designation is the applicant is not a natural person, the Communities Act. effective by reference to the duration of application shall include a statement If the Bureau determines that the the designations of rural areas under the affirming that the applicant does applicant has not submitted a complete Federal consumer financial laws.

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E. Sunset Date Airspace Policy Group, Federal Aviation Availability and Summary of The HELP Rural Communities Act Administration, 800 Independence Documents for Incorporation by contemplates a process of up to 240 Avenue SW., Washington, DC 29591; Reference days for each application, including a telephone: 202–267–8783. The Order is This document amends FAA Order minimum of 90 days for public also available for inspection at the 7400.9Z, Airspace Designations and comments. The Bureau will consider National Archives and Records Reporting Points, dated August 6, 2015, any application received before April 8, Administration (NARA). For and effective September 15, 2015. FAA 2017. The Bureau may, in its discretion, information on the availability of FAA Order 7400.9Z is publicly available as consider an application received on or Order 7400.9Z at NARA, call 202–741– listed in the ADDRESSES section of this 6030, or go to http://www.archives.gov/ document. FAA Order 7400.9Z lists after April 8, 2017, if it determines that _ _ _ federal register/code of federal- Class A, B, C, D, and E airspace areas, it is possible to complete the _ designation decision process for that regulations/ibr locations.html. air traffic service routes, and reporting application by the sunset date, based on FAA Order 7400.9, Airspace points. the time remaining, the complexity of Designations and Reporting Points, is The Rule the application, and any other relevant published yearly and effective on factors. The Bureau will notify the September 15. This amendment to Title 14, Code of applicant if it determines that it cannot Federal Regulations (14 CFR) part 71 FOR FURTHER INFORMATION CONTACT: complete the application process, in establishes Class E airspace extending Richard Roberts, Federal Aviation upward from 700 feet above the surface which case the Bureau shall not Administration, Operations Support consider the application nor publish the within a 6.5-mile radius of the South Group, Western Service Center, 1601 Naknek NR 2 Airport, South Naknek, application in the Federal Register as Lind Avenue SW., Renton, WA 98057; described above in part VII.B. AK. This airspace is established to telephone (425) 203–4517. accommodate new Area Navigation Dated: February 26, 2016. (RNAV) Global Positioning System SUPPLEMENTARY INFORMATION: Richard Cordray, (GPS) standard instrument approach Director, Bureau of Consumer Financial Authority for This Rulemaking procedures developed for the airport. Protection. Regulatory Notices and Analyses [FR Doc. 2016–04643 Filed 3–2–16; 8:45 am] The FAA’s authority to issue rules BILLING CODE 4810–AM–P regarding aviation safety is found in The FAA has determined that this Title 49 of the United States Code. regulation only involves an established Subtitle I, Section 106 describes the body of technical regulations for which authority of the FAA Administrator. DEPARTMENT OF TRANSPORTATION frequent and routine amendments are Subtitle VII, Aviation Programs, necessary to keep them operationally Federal Aviation Administration describes in more detail the scope of the current, is non-controversial and agency’s authority. This rulemaking is unlikely to result in adverse or negative 14 CFR Part 71 promulgated under the authority comments. It, therefore: (1) Is not a described in Subtitle VII, Part A, ‘‘significant regulatory action’’ under [Docket No. FAA–2015–3108; Airspace Subpart I, Section 40103. Under that Executive Order 12866; (2) is not a Docket No. 12–AAL–15] section, the FAA is charged with ‘‘significant rule’’ under DOT Establishment of Class E Airspace, prescribing regulations to assign the use Regulatory Policies and Procedures (44 South Naknek, AK of airspace necessary to ensure the FR 11034; February 26, 1979); and (3) safety of aircraft and the efficient use of does not warrant preparation of a AGENCY: Federal Aviation airspace. This regulation is within the Regulatory Evaluation as the anticipated Administration (FAA), DOT. scope of that authority as it establishes impact is so minimal. Since this is a ACTION: Final rule. controlled airspace at South Naknek NR routine matter that only affects air traffic 2 Airport, South Naknek, AK. procedures and air navigation, it is SUMMARY: This action establishes Class certified that this rule, when E airspace extending upward from 700 History promulgated, does not have a significant feet above the surface at South Naknek On November 24, 2015, the FAA economic impact on a substantial NR 2 Airport, South Naknek, AK, to published in the Federal Register a number of small entities under the accommodate new Area Navigation notice of proposed rulemaking (NPRM) criteria of the Regulatory Flexibility Act. (RNAV) Global Positioning System to establish Class E airspace extending Environmental Review (GPS) standard instrument approach upward from 700 feet above the surface The FAA has determined that this procedures developed for the airport. at South Naknek NR 2 Airport, South action qualifies for categorical exclusion DATES: Effective 0901 UTC, May 26, Naknek, AK. (80 FR 73150) FAA–2015– under the National Environmental 2016. The Director of the Federal 3108. Interested parties were invited to Policy Act in accordance with FAA Register approves this incorporation by participate in this rulemaking effort by Order 1050.1F, ‘‘Environmental reference action under Title 1, Code of submitting written comments on the Impacts: Policies and Procedures,’’ Federal Regulations, part 51, subject to proposal to the FAA. No comments paragraph 5–6.5a. This airspace action the annual revision of FAA Order were received. is not expected to cause any potentially 7400.9 and publication of conforming Class E airspace designations are amendments. significant environmental impacts, and published in paragraph 6005 of FAA no extraordinary circumstances exist ADDRESSES: FAA Order 7400.9Z, Order 7400.9Z, dated August 6, 2015, that warrant preparation of an Airspace Designations and Reporting and effective September 15, 2015, which environmental assessment. Points, and subsequent amendments can is incorporated by reference in 14 CFR be viewed online at http://www.faa.gov/ part 71.1. The Class E airspace Lists of Subjects in 14 CFR Part 71 air_traffic/publications/. For further designation listed in this document will Airspace, Incorporation by reference, information, you can contact the be published subsequently in the Order. Navigation (air).

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Adoption of the Amendment Omnidirectional Range Tactical Air Amendment of Class E Airspace, Minot, In consideration of the foregoing, the Navigation (VORTAC), and Minot AFB, ND, is corrected as follows: in Class E airspace extending upward Federal Aviation Administration § 71.1 [Amended] amends 14 CFR part 71 as follows: from 700 feet above the surface, are added to the rule. The Title is also ■ On page 5905, column 1, after line 6, PART 71—DESIGNATION OF CLASS A, amended to include Class D airspace. add the following text: B, C, D, AND E AIRSPACE AREAS; AIR This does not change the boundaries or TRAFFIC SERVICE ROUTES; AND operating requirements of the airspace. Paragraph 5000 Class D Airspace. REPORTING POINTS DATES: Effective 0901 UTC, March 31, * * * * * 2016. The Director of the Federal AGL ND D Minot, ND [Corrected] ■ 1. The authority citation for part 71 Register approves this incorporation by Minot International Airport, ND continues to read as follows: reference action under Title 1, Code of (Lat. 48°15′28″ N., long. 101°16′41″ W.) Authority: 49 U.S.C. 106(f), 106(g); 40103, Federal Regulations, part 51, subject to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, the annual revision of FAA Order That airspace extending upward from the 1959–1963 Comp., p. 389. surface to and including 4,200 feet MSL 7400.9 and publication of conforming within a 4.2-mile radius of the Minot § 71.1 [Amended] amendments. International Airport. This Class D airspace area is effective during the specific dates and ■ 2. The incorporation by reference in ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting times established in advance by a Notice to 14 CFR 71.1 of FAA Order 7400.9Z, Airman. The effective date and time will Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/ thereafter be continuously published in the Points, dated August 6, 2015, and _ Airport/facility Directory. effective September 15, 2015, is air traffic/publications/. For further amended as follows: information, you can contact the AGL ND D Minot, ND [Corrected] Airspace Policy Group, Federal Aviation Minot Air Force Base, ND Paragraph 6005 Class E Airspace Areas Administration, 800 Independence (Lat. 48°24′57″ N., long. 101°21′29″ W.) Extending Upward From 700 Feet or More Avenue SW., Washington, DC, 29591; Above the Surface of the Earth That airspace extending upward from the telephone: 202–267–8783. The Order is surface to and including 4,200 feet MSL * * * * * also available for inspection at the within a 5.6-mile radius of Minot AFB. This AAL AK E5 South Naknek, AK [New] National Archives and Records Class D airspace area is effective during the specific dates and times established in South Naknek NR 2 Airport, Alaska Administration (NARA). For advance by a Notice to Airman. The effective (Lat. 58°42′08″ N., long. 157°00′09″ W.) information on the availability of FAA date and time will thereafter be continuously That airspace extending upward from 700 Order 7400.9Z at NARA, call 202–741– 6030, or go to http://www.archives.gov/ published in the Airport/facility Directory. feet above the surface within a 6.5-mile _ _ _ radius of South Naknek NR 2 Airport. federal register/code of federal- Paragraph 6005 Class E Airspace Areas regulations/ibr_locations.html. Extending Upward From 700 Feet or More Issued in Seattle, Washington, on February FAA Order 7400.9, Airspace Above the Surface of the Earth. 19, 2016. Designations and Reporting Points, is * * * * * Christopher Ramirez, published yearly and effective on Manager, Operations Support Group, Western September 15. AGL ND E5 Minot, ND [Corrected] Service Center. FOR FURTHER INFORMATION CONTACT: Minot AFB, ND ° ′ ″ ° ′ ″ [FR Doc. 2016–04489 Filed 3–2–16; 8:45 am] Jeffrey Claypool, Federal Aviation (Lat. 48 24 57 N., long. 101 21 29 W.) BILLING CODE 4910–13–P Administration, Operations Support Deering TACAN (Lat. 48°24′55″ N., long. 101°21′58″ W.) Group, Central Service Center, 10101 Minot International Airport, ND DEPARTMENT OF TRANSPORTATION Hillwood Parkway, Fort Worth, TX, (Lat. 48°15′28″ N., long. 101°16′41″ W.) 76177; telephone (817) 222–5711. Minot VORTAC Federal Aviation Administration SUPPLEMENTARY INFORMATION: (Lat. 48°15′37″ N., long. 101°17′13″ W.) History That airspace extending upward from 700 14 CFR Part 71 feet above the surface within a 7.1-mile The Federal Register published a radius of Minot AFB, and within 1.5 miles [Docket No. FAA–2015–7485; Airspace final rule amending Class E airspace at each side of the Deering TACAN 312° radial Docket No. 15–AGL–25] Minot International Airport, Minot, ND extending from the 7.1-mile radius of the (81 FR 5903, February 4, 2016) Docket AFB to 9.3 miles northwest of the AFB, and Amendment of Class D and Class E No. FAA–2015–7485. Subsequent to that airspace within a 7-mile radius of Minot Airspace; Minot, ND publication, the FAA found in International Airport, and within 4.8 miles ° AGENCY: Federal Aviation amending the airport reference point for each side of the Minot VORTAC 138 radial Administration (FAA), DOT. the airports and VORTAC, additional extending from the 7-mile radius of Minot existing controlled airspace was International Airport to 12.1 miles southeast ACTION: Final rule, correction. of the VORTAC; and that airspace extending inadvertently omitted from the rule. upward from 1,200 feet above the surface SUMMARY: This action amends a final This action adds adjustment of the rule published in the Federal Register within a 47-mile radius of Minot AFB, geographic coordinates in Class D excluding the area north of latitude 49°00′00″ of February 4, 2016, amending Class E airspace and Class E airspace extending N. surface area airspace and Class E upward from 700 feet above the surface Issued in Fort Worth, Texas, on February airspace designated as an extension at for the Minot, ND, area. Minot International Airport, Minot, ND. 18, 2016. Adjustment of the geographic Correction to Final Rule Walter Tweedy, coordinates of Minot International Accordingly, pursuant to the Acting Manager, Operations Support Group, Airport and Minot AFB in Class D authority delegated to me, in the ATO Central Service Center. airspace, and Minot International Federal Register of February 4, 2016 (81 [FR Doc. 2016–04482 Filed 3–2–16; 8:45 am] Airport, Minot Very High Frequency FR 5903) FR Doc. 2016–02036, BILLING CODE 4910–13–P

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DEPARTMENT OF THE TREASURY On August 7, 2012, the Treasury project. This concern is unwarranted. Department and the IRS published in Although the 2012 proposed regulations Internal Revenue Service the Federal Register a notice of precluded an arrangement such as proposed rulemaking under section RUBS from qualifying as an actual 26 CFR Part 1 42(g)(2)(B)(ii) (77 FR 46987) (the 2012 consumption submetering arrangement, [TD 9755] proposed regulations) to provide that they did not prohibit the use of RUBS utility costs paid by a tenant based on for low-income housing credit projects. RIN 1545–BI91 actual consumption in a submetered However, any amount paid by a tenant rent-restricted unit are treated as paid for utilities using RUBS must be Utility Allowances Submetering by the tenant directly to the utility included in gross rent. Accordingly, the AGENCY: Internal Revenue Service (IRS), company and thus do not count against final regulations follow the approach in Treasury. the maximum rent that the building the 2012 proposed regulations and ACTION: Final and temporary owner can charge. The 2012 proposed continue to define an actual- regulations. regulations generally incorporated the consumption submetering arrangement guidance in Notice 2009–44. The as not including RUBS. SUMMARY: This document contains final Treasury Department and the IRS 2. Administrative Costs of Submetering and temporary regulations that amend received written and electronic the utility allowance regulations comments responding to the 2012 The 2012 proposed regulations concerning the low-income housing proposed regulations. No requests for a provided that, if the owner charges a credit. The final regulations clarify the public hearing were made and no public unit’s tenants an administrative fee for circumstances in which utility costs hearing was held. the owner’s actual monthly costs of paid by a tenant based on actual After consideration of all the administering an actual-consumption consumption in a submetered rent- comments, the final regulations adopt submetering arrangement, then the fee is restricted unit are treated as paid by the the 2012 proposed regulations as not considered gross rent for purposes tenant directly to the utility company. amended by this Treasury decision, and of section 42(g)(2) so long as the The temporary regulations extend the the temporary regulations extend those aggregate monthly fee or fees for all of principles of these submetering rules to rules to the provision of energy that the the unit’s utilities under one or more situations in which a building owner building owner acquires directly from actual-consumption submetering sells to tenants energy that is produced renewable sources and then provides to arrangements does not exceed the lesser from a renewable source and that is not low-income tenants. The text of the of (A) five dollars per month; or (B) the delivered by a local utility company. temporary regulations also serves as the owner’s actual monthly costs paid or The final and temporary regulations text of the proposed regulations (REG– incurred for administering the arrangement. One commenter affect owners of low-income housing 123867–14) for purposes of the notice of recommended that the final regulations projects that claim the credit, the proposed rulemaking on this subject in simply require owners to include in tenants in those low-income housing the Proposed Rules section in this issue gross rent any amounts that exceed five projects, and State and local housing of the Federal Register. dollars and not require the owner to credit agencies. The text of these Summary of Comments and determine actual monthly cost. temporary regulations also serves as the Explanation of Provisions According to the commenter, requiring text of the proposed regulations (REG– the building owner to determine actual 123867–14) set forth in the notice of Comments Specifically Relating to cost is overly burdensome and would proposed rulemaking on this subject in Submetering lead to technical noncompliance as a the Proposed Rules section of this issue Commenters generally stated that the result of nominal amounts. Two of the Federal Register. 2012 proposed regulations provided for commenters requested that the final DATES: accurate utility allowance regulations also permit building owners Effective Date: These regulations are determinations, which would promote to charge tenants an administrative fee effective on March 3, 2016. energy efficiency and help maintain the in accordance with State law as Applicability Date: For dates of financial stability of housing credit currently permitted in Notice 2009–44. applicability, see §§ 1.42–12(a)(5) and properties. According to these commenters, this 1.42–10T(f)–(g). rule is regionally tuned and therefore 1. Actual-Consumption Submetering FOR FURTHER INFORMATION CONTACT: allows building owners to recoup the Arrangements and Ratio Utility Billing James Rider (202) 317–4137 (not a toll- full cost of submetering in a fair Systems free number). manner. The commenters suggested that SUPPLEMENTARY INFORMATION: The 2012 proposed regulations by not allowing building owners to defined an actual-consumption recover State-approved charges for Background submetering arrangement for utility electricity, the 2012 proposed This document contains amendments allowance purposes as not including a regulations would create a disincentive to § 1.42–10 of the Income Tax ratio utility billing system (RUBS). for developers to invest in high Regulations (26 CFR part 1), which RUBS uses a formula that allocates a performance, sustainable low income concerns the applicable utility property’s utility bill among its units housing or build additional housing allowance relating to the low-income based on the units’ relative floor space, units. housing credit under section 42 of the number of occupants, or some other In response to these comments, the Internal Revenue Code. On May 5, 2009, quantitative measure, but not actual final regulations do not include a the Treasury Department and the IRS consumption by the tenant(s) in the requirement to determine actual released Notice 2009–44 (2009–21 IRB unit. A commenter expressed concern monthly cost, and they generally permit 1037) (see § 601.601(d)(2)(ii)(b)) to that the inability to use RUBS for utility owners to charge tenants an provide guidance on how the utility allowance purposes could be administrative fee in accordance with a allowance regulations apply to interpreted to prohibit the use of RUBS State or local law that specifically buildings with a submetering system. for any low-income housing credit prescribes a dollar amount for the

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administrative fee. The final regulations that company. Information about how to that has jurisdiction over the building.’’ authorize the Treasury Department and provide comments on the substance of The 2012 proposed regulations the IRS, by publication in the Internal the temporary regulations is in the requested comments on whether Revenue Bulletin (IRB) (see notice of proposed rulemaking on this approval by the agency with jurisdiction § 601.601(d)(2)(ii)), both to provide for subject (REG–123867–14), which is in over the building should be required by administrative fees in excess of five the Proposed Rules section in this issue the regulations for both properly dollars per month even in the absence of the Federal Register. licensed engineers and other qualified a State or local law doing so and to put professionals or only for qualified Comments Relating to Utility an upper bound on administrative fees professionals that are not properly Allowances Generally even if State or local law allows higher licensed engineers. fees. In addition to comments responding One commenter suggested that the Thus, if a building owner or its agent to the 2012 proposed regulations, the Agency’s approval should be required charges a unit’s tenants a fee for Treasury Department and the IRS for determinations by both properly administering an actual-consumption received comments relating to the utility licensed engineers and other qualified submetering arrangement, then gross allowance regulations that existed prior professionals, because the Agency rent includes any amount by which the to these final regulations. The final should have the ability to approve or aggregate amount of monthly fees for all regulations incorporate certain changes deny a utility allowance method unless of the unit’s utilities under one or more suggested in those comments, as the building is a RHS property or a actual-consumption submetering described in this preamble. HUD-regulated building. Other arrangements exceeds the greater of—(i) 1. Role of Agencies Regarding the Utility commenters suggested that Agency five dollars per month; (ii) an amount (if Allowance Methods approval should be required only for any) designated by publication in the professionals who are not properly IRB; or (iii) the lesser of a dollar amount Section 1.42–10(b) provides the rules licensed engineers. According to these (if any) specifically prescribed under a for determining the applicable utility commenters, the intent and benefit of a State or local law or a maximum amount allowance based upon whether (1) the project sponsor using a licensed (if any) designated by publication in the building receives rental assistance from engineering professional is not only to IRB. the Rural Housing Service (RHS) (‘‘RHS- receive the benefit of the third-party assisted building’’), (2) the building has professional’s expertise but also to 3. Energy Acquired Directly From a any tenant that receives RHS rental simplify evaluation of the third-party by Renewable Source assistance payments (‘‘RHS tenant the Agency. One commenter suggested During consideration of the comments assistance’’), (3) the rents and utility that when reviewing consumption on the 2012 proposed regulations, the allowances of the building are reviewed model estimates, an Agency should Treasury Department and the IRS by the Department of Housing and need to check for only the seal of an realized that the proposed definition of Urban Development (HUD) (‘‘HUD- engineer, because State certification of an actual-consumption submetering regulated building’’), or (4) the building the engineer already imposes standards arrangement assumed that the building is not described in (1), (2), or (3) (‘‘other for expertise, performance, and conduct owner was purchasing the utility in buildings’’). and exposes the certified individual and question from a local utility company. For an RHS-assisted building and a firm, if any, to possible sanctions For example, proposed § 1.42– building with RHS tenant assistance, the through the professional certification 10(e)(1)(iv) referred to ‘‘the utility applicable utility allowance is the and oversight process. company rate incurred by the building applicable RHS utility allowance. For a In response to these comments, the owner for the particular utility.’’ This HUD-regulated building, the applicable final regulations provide that Agency assumption appeared to preclude utility allowance is the applicable HUD approval is required only for qualified applying submetering principles to utility allowance. In other buildings, for professionals that are not properly electricity generated from renewable all rent-restricted units occupied by licensed engineers. However, the final sources by the building owner or by tenants receiving HUD tenant regulations also clarify that an Agency some other person from whom the assistance, the applicable utility continues to have the option to review, building owner purchases it directly. allowance is the applicable Public and take appropriate action regarding, The legislative purposes of the low- Housing Authority (PHA) utility utility estimates based on the energy income housing credit, however, are allowance established for the Section 8 consumption model or the other fully consistent with applying Existing Housing Program. For all other optional methods. submetering principles to energy that is tenants in rent-restricted units in other One commenter suggested that the acquired without the intervention of a buildings, the applicable utility final regulations should clarify that an local utility company. Accordingly, this allowance is the applicable PHA utility Agency has the ability to approve or Treasury decision contains temporary allowance, a local utility company deny any owner’s utility allowance, regulations that apply those principles estimate, an estimate from the State or unless the building is an RHS property to energy that the building owner local housing credit agency (Agency) or a HUD-regulated building. By provides to tenants after having that has jurisdiction over the building, contrast, another commenter expressed acquired it directly from renewable the HUD Utility Schedule Model, or an concern that the existing regulations sources. Qualification for this energy consumption model. See § 1.42– give an Agency too much discretion to submetering treatment, however, 10(b)(4)(ii) to determine which utility approve or disapprove any of the depends on the charges to the tenants allowance applies. methods of calculating utility for this energy being comparable to local Prior to these final regulations, the allowances. In particular, the utility rates. To the extent that tenants existing regulations provided that, commenter suggested that the final consume this energy, charges by the under the energy consumption model, regulations require an Agency to accept building owner must not exceed the utility consumption estimates must be utility estimates based on an energy rates that the local utility company calculated by ‘‘either a properly consumption model whenever the would have charged the tenants if they licensed engineer or a qualified estimate is calculated by a properly had instead acquired the energy from professional approved by the Agency licensed engineer.

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The final regulations do not adopt this commenter, most utility providers do a change in a PHA utility allowance latter suggestion. The existing not maintain utility information beyond only annually. The existing regulations regulations appropriately allow an the most recent 12-month period. As provide that, if the applicable utility Agency to approve or disapprove a year-to-year variations occur, the most allowance for units changes, the method or to require certain information recent 12 months may not be a building owner must use the new utility before permitting use of the method. representative set of consumption data allowance to compute gross rents of the Additionally, an Agency should have to provide an ongoing utility allowance. units due 90 days after the change (the the ability to review the energy The commenter suggested amending the 90-day period). For example, if a tenant consumption model even when the energy consumption model to allow an provides a local utility company model is used by a properly licensed engineering approach that analyzes estimate that shows a higher utility cost engineer, who is not subject to Agency specific factors including, but not than the otherwise applicable PHA approval. Therefore, the final limited to, unit size, building utility allowance, then the building regulations specifically authorize an orientation, design and materials, owner must lower the rent. The lower Agency to approve or disapprove use of mechanical systems, appliances, and rent must be in effect for rent due at the the energy consumption model or characteristics of the building location. end of the 90-day period. The require information about the model For the reasons stated by the commenter stated that a building owner before permitting its use, regardless of commenters, the final regulations must continuously monitor for changes the type of professional who calculates remove the provision requiring that an in the PHA utility allowance because a the utility estimates. energy consumption model use the PHA is not required to update utility building’s consumption data for a 2. Use of Consumption Data for the allowances on a regular, fixed schedule. particular twelve-month period. Instead, The final regulations do not adopt this Energy Consumption Model the final regulations revise the specific recommendation because it might result Under the existing regulations prior to factors used in determining estimates in tenants paying more than the gross these final regulations, use of the energy under the energy consumption model to rent amount under section 42(g)(2). If a consumption model was limited to the include available historical data. PHA utility allowance were to change building’s consumption data for the after the one-time date suggested by the twelve-month period ending no earlier 3. Areas With No Public Housing Authorities commenter, then tenants would pay a than 60 days prior to the beginning of higher rent until the next annual date to the 90-day period under § 1.42–10(c)(1). The existing regulations provide that, review the PHA utility allowance and One commenter was concerned about if the building is neither an RHS- the higher rent might exceed the gross- the perceptions that may arise if assisted building nor a HUD-regulated rent limit under section 42(g)(2). engineering models yield allowances building and no tenant in the building Compliance with the 90-day period does that are out of line with past receives RHS tenant assistance, then the not require continuous monitoring. A consumption. The commenter requested appropriate utility allowance for the building owner that checks the PHA additional guidance on the development units in the building is the applicable utility allowance every 60 days would of acceptable assumptions for use in PHA utility allowance. One commenter have at least 30 days in which to adjust engineering models to avoid this requested clarification as to which rents. problem. method of calculating utility allowances Another commenter stated that it is applies if no PHA exists under these 5. HUD-Regulated Building unclear whether the required building circumstances. Under the existing Prior to these final regulations, the consumption data refers to the regulations, if a building owner obtains existing regulations defined a HUD- calculated consumptions derived from a local utility company estimate or uses regulated building as one in which an energy consumption model or a one of the other options for determining neither the building nor any tenant in separate set of consumption data such the applicable utility allowance, then the building receives RHS assistance as historical tenant utility billing the selected option replaces the and the rents and utility allowances of information. According to the applicable PHA allowance as the the building are reviewed by HUD on an commenter, several Agencies that appropriate utility allowance. The annual basis. One commenter regulate the acceptable utility allowance regulations do not include an option for recommended amending this definition methodologies either have had an using the allowance of a neighboring because HUD does not review the rents unclear understanding of what PHA. and utility allowances on an annual additional information, if any, is Allowing the use of a neighboring basis for all HUD programs. In response required for an engineering analysis PHA’s utility allowance might not be to this comment, the final regulations under the energy consumption model or appropriate because climate and utility define a HUD-regulated building to have taken the position that actual consumption can be dissimilar from one mean one in which the rents and utility historical tenant utility bills for the most PHA jurisdiction to a neighboring allowances of the building are regulated recent 12-month period are necessary to jurisdiction. Comments are requested on by HUD. process an energy consumption model how the rules might best address utility allowance submittal. situations in which no PHA exists. 6. Disclosure to Tenants The commenter also asserted that Comments should be submitted in the One commenter suggested that the historical utility data may be manner described in the notice of final regulations address how utility inaccessible and, even if the data were proposed rulemaking on submetering estimates are to be made available to all accessible, collection of the data (REG–123867–14), which is in the tenants in the building. Because imposes an additional paperwork Proposed Rules section in this issue of circumstances may vary and different burden on property owners. The the Federal Register. reasonable options may exist, the final commenter further contended that regulations do not adopt this suggestion. historical utility billing data does not 4. Changes in Public Housing Authority take into account energy-efficient Utility Allowances Comments behavior and does not promote energy One commenter requested that a Information about how to provide conservation. According to the building owner be required to check for comments is in the notice of proposed

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rulemaking on this subject (REG– PART 1—INCOME TAXES (d) Housing credit allocation made by State 123867–14), which is in the Proposed and local housing credit agencies. Rules section in this issue of the Federal ■ Paragraph 1. The authority citation (1) In general. Register. for part 1 is amended by adding an entry (2) Amount of a housing credit allocation. in numerical order to read in part as (3) Counting housing credit allocations Table of Contents against an agency’s aggregate housing credit follows: dollar amount. The final regulations update the table Authority: 26 U.S.C. 7805 * * * (4) Rules for when applications for housing of contents to include all of the current Section 1.42–10T also issued under 26 credit allocations exceed an agency’s provisions under section 42. U.S.C. 42(n); * * * aggregate housing credit dollar amount. (5) Reduced or additional housing credit Effect on Other Documents ■ Par. 2. Section 1.42–0 is amended by: allocations. ■ 1. Revising the introductory text. (i) In general. Notice 2009–44 (2009–21 IRB 1037) is ■ 2. Revising the heading and adding (ii) Examples. obsolete for taxable years beginning on entries for § 1.42–1. (6) No carryover of unused aggregate or after March 3, 2016. ■ 3. Adding entries for § 1.42–1T. housing credit dollar amount. ■ 4. Adding entries for §§ 1.42–3 (7) Effect of housing credit allocations in Statement of Availability of IRS through 1.42–18. excess of an agency’s aggregate housing Documents credit dollar amount. The additions and revisions read as (8) Time and manner for making housing follows: Notice 2009–44 is published in the credit allocations. Internal Revenue Bulletin and is § 1.42–0 Table of contents. (i) Time. (ii) Manner. available from the Superintendent of This section lists the paragraphs (iii) Certification. Documents, U.S. Government Printing contained in §§ 1.42–1 through 1.42–18 (iv) Fee. Office, Washington, DC 20402, or by and § 1.42–1T. (v) No continuing agency responsibility. visiting the IRS Web site at http:// § 1.42–1 Limitation on low-income housing (e) Housing credit allocation taken into www.irs.gov. credit allowed with respect to qualified account by owner of a qualified low-income building. Special Analyses low-income buildings receiving housing credit allocations from a State or local (1) Time and manner for taking housing housing credit agency. credit allocation into account. Certain IRS regulations, including this (2) First-year convention limitation on one, are exempt from the requirements (a) through (g) [Reserved] housing credit allocation taken into account. of Executive Order 12866, as (h) Filing of forms. (3) Use of excess housing credit allocation supplemented and reaffirmed by (i) [Reserved] for increases in qualified basis. (j) Effective dates. Executive Order 13563. Therefore, a (i) In general. regulatory impact assessment is not § 1.42–1T Limitation on low-income (ii) Example. housing credit allowed with respect to (4) Separate housing credit allocations for required. It also has been determined qualified low income buildings receiving that section 553(b) of the Administrative new buildings and increases in qualified housing credit allocations from a State or basis. Procedure Act (5 U.S.C. chapter 5) does local housing credit agency (temporary). (5) Acquisition of building for which a not apply to these regulations and, (a) In general. prior housing credit allocation has been because the regulations do not impose a (1) Determination of amount of low-income made. collection of information on small housing credit. (6) Multiple housing credit allocations. entities, the Regulatory Flexibility Act (2) Limitation on low-income housing (f) Exception to housing credit allocation (5 U.S.C. chapter 6) does not apply. credit allowed. requirement. Pursuant to section 7805(f) of the Code, (b) The State housing credit ceiling. (1) Tax-exempt bond financing. the notice of proposed rulemaking that (c) Apportionment of State housing credit (i) In general. preceded these final regulations was ceiling among State and local housing credit (ii) Determining use of bond proceeds. agencies. (iii) Example. submitted to the Chief Counsel for (1) In general. (g) Termination of authority to make Advocacy of the Small Business (2) Primary apportionment. housing credit allocation. Administration for comment on its (3) States with 1 or more constitutional (1) In general. impact on small business. No comments home rule cities. (2) Carryover of unused 1989 were received. (i) In general. apportionment. (ii) Amount of apportionment to a (3) Expiration of exception for tax-exempt Drafting Information constitutional home rule city. bond financed projects. (iii) Effect of apportionment to (h) [Reserved] The principal author of these constitutional home rule cities on (i) Transitional rules. regulations is David Selig, Office of the apportionment to other housing credit * * * * * Associate Chief Counsel (Passthroughs agencies. § 1.42–3 Treatment of buildings financed and Special Industries), IRS. However, (iv) Treatment of governmental authority with proceeds from a loan under an other personnel from the Treasury within constitutional home rule city. Affordable Housing Program established Department and the IRS participated in (4) Apportionment to local housing credit pursuant to section 721 of the Financial their development. agencies. Institutions Reform, Recovery, and (i) In general. Enforcement Act of 1989 (FIRREA). List of Subjects in 26 CFR Part 1 (ii) Change in apportionment during a calendar year. (a) Treatment under sections 42(i) and Income taxes, Reporting and (iii) Exchanges of apportionments. 42(b). (b) Effective date. recordkeeping requirements. (iv) Written records of apportionments. (5) Set-aside apportionments for projects § 1.42–4 Application of not-for-profit rules Adoption of Amendments to the involving a qualified nonprofit organization. of section 183 to low-income housing Regulations (i) In general. credit activities. (ii) Projects involving a qualified nonprofit (a) Inapplicability to section 42. Accordingly, 26 CFR part 1 is organization. (b) Limitation. amended as follows: (6) Expiration of unused apportionments. (c) Effective date.

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§ 1.42–5 Monitoring compliance with low- (d) Requirements for making carryover (1) Definition. income housing credit requirements. allocations. (2) Administrative fees. (a) Compliance monitoring requirement. (1) In general. § 1.42–11 Provision of services. (2) Requirements for allocation. (1) In general. (a) General rule. (3) Special rules for project-based (2) Requirements for a monitoring (b) Services that are optional. allocations. procedure. (1) General rule. (i) In general. (i) In general. (2) Continual or frequent services. (ii) Requirement of section (ii) Order and form. (3) Required services. 42(h)(1)(F)(1)(III). (iii) [Reserved] (i) General rule. (4) Recordkeeping requirements. (b) Recordkeeping and record retention (ii) Exceptions. (i) Taxpayer. provisions. (A) Supportive services. (ii) Agency. (1) Recordkeeping provision. (B) Specific project exception. (5) Separate procedure for election of (2) Record retention provision. appropriate percentage month. § 1.42–12 Effective dates and transitional (3) Inspection record retention provision. (e) Special rules. rules. (c) Certification and review provisions. (1) Treatment of partnerships and other (a) Effective dates. (1) Certification. flow-through entities. (1) In general. (2) Review. (2) Transferees. (2) Community Renewal Tax Relief Act of (ii) [Reserved] 2000. (iii) [Reserved] § 1.42–7 Substantially bond-financed (i) In general. (3) [Reserved] buildings. [Reserved] (3) Electronic filing simplification changes. (4) Exception for certain buildings. § 1.42–8 Election of appropriate percentage (4) Utility allowances. (i) In general. month. (5) Additional effective dates affecting (ii) Agreement and review. (a) Election under section 42(b)(2)(A)(ii)(I) utility allowances. (iii) Example. to use the appropriate percentage for the (b) Prior periods. (5) Agency reports of compliance month of a binding agreement. (c) Carryover allocations. monitoring activities. (1) In general. (d) Inspection provision. (2) Effect on state housing credit ceiling. § 1.42–13 Rules necessary and appropriate; (1) In general. (3) Time and manner of making election. housing credit agencies’ correction of (2) Inspection standard. (4) Multiple agreements. administrative errors and omissions. (3) Exception from inspection provision. (i) Rescinded agreements. (a) Publication of guidance. (4) Delegation. (ii) Increases in credit. (b) Correcting administrative errors and (e) Notification-of-noncompliance (5) Amount allocated. omissions. provisions. (6) Procedures. (1) In general. (1) In general. (i) Taxpayer. (2) Administrative errors and omissions (2) Notice to owner. (ii) Agency. described. (3) Notice to Internal Revenue Service. (7) Examples. (3) Procedures for correcting administrative (i) In general. (b) Election under section 42(b)(2)(A)(ii)(II) errors or omissions. (ii) Agency retention of records. to use the appropriate percentage for the (i) In general. (4) Correction period. month tax-exempt bonds are issued. (ii) Specific procedures. (f) Delegation of authority. (1) Time and manner of making election. (iii) Secretary’s prior approval required. (1) Agencies permitted to delegate (2) Bonds issued in more than one month. (iv) Requesting the Secretary’s approval. compliance monitoring functions. (3) Limitations on appropriate percentage. (v) Agreement to conditions. (i) In general. (4) Procedures. (vi) Secretary’s automatic approval. (ii) Limitations. (i) Taxpayer. (vii) How Agency corrects errors or (2) Agencies permitted to delegate (ii) Agency. omissions subject to automatic approval. compliance monitoring functions to another § 1.42–9 For use by the general public. (viii) Other approval procedures. Agency. (a) General rule. (c) Examples. (g) Liability. (b) Limitations. (d) Effective date. (h) Effective/applicability dates. (c) Treatment of units not for use by the § 1.42–14 Allocation rules for post-2000 (1) In general. general public. State housing credit ceiling amount. (2) [Reserved] § 1.42–10 Utility allowances. (a) State housing credit ceiling. § 1.42–6 Buildings qualifying for carryover (a) Inclusion of utility allowances in gross (1) In general. allocations. rent. (2) Cost-of-living adjustment. (a) Carryover allocations. (b) Applicable utility allowances. (i) General rule. (1) In general. (1) Buildings assisted by the Rural Housing (ii) Rounding. (2) 10 percent basis requirement. Service. (b) The unused carryforward component. (i) Allocation made before July 1. (2) Buildings with Rural Housing Service (c) The population component. (ii) Allocation made after June 30. assisted tenants. (d) The returned credit component. (b) Carryover-allocation basis. (3) Buildings regulated by the Department (1) In general. (1) In general. of Housing and Urban Development. (2) Limitations and special rules. (2) Limitations. (4) Other buildings. (i) General limitations. (i) Taxpayer must have basis in land or (i) Tenants receiving HUD rental (ii) Credit period limitation. depreciable property related to the project. assistance. (iii) Three-month rule for returned credit. (ii) High cost areas. (ii) Other tenants. (iv) Returns of credit. (iii) Amounts not treated as paid or (A) General rule. (A) Building not qualified within required incurred. (B) Utility company estimate. time period. (iv) Fees. (C) Agency estimate. (B) Noncompliance with terms of the (3) Reasonably expected basis. (D) HUD Utility Schedule Model. allocation. (4) Examples. (E) Energy consumption model. (C) Mutual consent. (c) Verification of basis by Agency. (c) Changes in applicable utility allowance. (D) Amount not necessary for financial (1) Verification requirement. (1) In general. feasibility. (2) Manner of verification. (2) Annual review. (3) Manner of returning credit. (3) Time of verification. (d) Record retention. (i) Taxpayer notification. (i) Allocations made before July 1. (e) Actual consumption submetering (ii) Internal Revenue Service notification. (ii) Allocations made after June 30. arrangements. (e) The national pool component.

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(f) When the State housing credit ceiling is (iii) Optional adjustment by the Agency section, then that cost is treated as being determined. and owner. paid directly by the tenant(s) and not by (g) Stacking order. (2) Low-income portion amount. or through the owner of the building. (h) Nonprofit set-aside. (3) Outstanding indebtedness. *** (1) Determination of set-aside. (4) Adjusted investor equity. (2) Allocation rules. (i) Application of cost-of-living factor. (b)* * * (i) National Pool. (ii) Unadjusted investor equity. (3) Buildings regulated by the (1) In general. (iii) Qualified-contract cost-of-living Department of Housing and Urban (2) Unused housing credit carryover. adjustment. Development. If neither a building nor (3) Qualified State. (iv) General rule. any tenant in the building receives RHS (i) In general. (v) Provision by the Commissioner of the housing assistance, and the rents and (ii) Exceptions. qualified-contract cost-of-living adjustment. utility allowances of the building are (A) De minimis amount. (vi) Methodology. regulated by HUD (HUD-regulated (B) Other circumstances. (vii) Example. (iii) Time and manner for making request. buildings), the applicable utility (5) Other capital contributions. allowance for all rent-restricted units in (4) Formula for determining the National (6) Cash distributions. Pool. (i) In general. the building is the applicable HUD (j) Coordination between Agencies. (ii) Excess proceeds. utility allowance. (k) Example. (iii) Anti-abuse rule. (4) * * * (l) Effective dates. (d) Administrative discretion and (ii) * * * (1) In general. responsibilities of the Agency. (A) * * * If none of the rules of (2) Community Renewal Tax Relief Act of (1) In general. paragraphs (b)(1), (2), (3), and (4)(i) of 2000 changes. (2) Actual offer. this section apply to determine the § 1.42–15 Available unit rule. (3) Debarment of certain appraisers. appropriate utility allowance for a rent- (a) Definitions. (e) Effective/applicability date. restricted unit, then the appropriate (b) General section 42(g)(2)(D)(i) rule. ■ Par. 3. Section 1.42–0T is added to utility allowance for the unit is the (c) Exception. (d) Effect of current resident moving within read as follows: applicable PHA utility allowance. * * * building. § 1.42–0T Table of contents. * * * * * (e) Available unit rule applies separately to (E) Energy consumption model. A each building in a project. This section lists the paragraphs building owner may calculate utility (f) Result of noncompliance with available contained in §§ 1.42–5T and 1.42–10T. estimates using an energy and water and unit rule. § 1.42–5T Monitoring compliance with low- sewage consumption and analysis (g) Relationship to tax-exempt bond income housing credit requirements model (energy consumption model). provisions. (temporary). (h) Examples. The energy consumption model must, at (i) Effective date. (a)(1) through (a)(2)(ii) [Reserved] a minimum, take into account specific (iii) Effect of guidance published in the § 1.42–16 Eligible basis reduced by federal factors including, but not limited to, Internal Revenue Bulletin. unit size, building orientation, design grants. (b) through (c)(2)(i) [Reserved] (a) In general. (3) Frequency and form of certification. and materials, mechanical systems, (b) Grants do not include certain rental (c)(4) through (g) [Reserved] appliances, characteristics of the assistance payments. (h) Effective/applicability dates. building location, and available (c) Qualifying rental assistance program. (1) [Reserved] historical data. The utility consumption (d) Effective date. (2) Effective/applicability dates of the estimates must be calculated by a § 1.42–17 Qualified allocation plan. REAC inspection protocol. properly licensed engineer or other (a) Requirements. § 1.42–10T Energy obtained directly from qualified professional. The qualified (1) In general [Reserved]. renewable sources (temporary). professional and the building owner (2) Selection criteria [Reserved]. (a) through (e)(1)(i)(A) [Reserved] must not be related within the meaning (3) Agency evaluation. (B) Utility not purchased from or through of section 267(b) or 707(b). If a qualified (4) Timing of Agency evaluation. a local utility company. professional is not a properly licensed (i) In general. (C) Renewable source. (ii) Time limit for placed-in-service engineer and if the building owner (2) [Reserved] wants to utilize that qualified evaluation. (f) Date of applicability. (5) Special rule for final determinations (g) Expiration date. professional to calculate utility and certifications. consumption estimates, then the owner (6) Bond-financed projects. ■ Par. 4. Section 1.42–10 is amended must obtain approval from the Agency (b) Effective date. by: that has jurisdiction over the building. § 1.42–18 Qualified Contracts. ■ 1. Adding a sentence after the first Further, regardless of the type of (a) Extended low-income housing sentence of paragraph (a). qualified professional, the Agency may ■ commitment. 2. Revising paragraph (b)(3). approve or disapprove of the energy ■ (1) In general. 3. Revising the first sentence of consumption model or require (i) Extended use period. paragraph (b)(4)(ii)(A). information before permitting its use. In (ii) Termination of extended use period. ■ 4. Revising paragraph (b)(4)(ii)(E). addition, utility rates used for the (iii) Other non-acceptance. ■ 5. Adding paragraph (e). (iv) Eviction, gross rent increase The additions and revisions read as energy consumption model must be no concerning existing low-income tenants not follows: older than the rates in place 60 days permitted. prior to the beginning of the 90-day (2) Exception. § 1.42–10 Utility allowances. period under paragraph (c)(1) of this (b) Definitions. (a) * * * For purposes of the section. (c) Qualified contract purchase price formula. preceding sentence, if the cost of a * * * * * (1) In general. particular utility for a residential unit is (e) Actual-consumption submetering (i) Initial determination. paid pursuant to an actual-consumption arrangements—(1) Definition. For (ii) Mandatory adjustment by the buyer and submetering arrangement within the purposes of this section, an actual- owner. meaning of paragraph (e)(1) of this consumption submetering arrangement

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for a utility in a residential unit Internal Revenue Bulletin (see taxable years beginning before March 3, possesses all of the following attributes: § 601.601(d)(2)(ii) of this chapter). 2016. Otherwise, the utility allowances (i) The utility consumed in the unit is ■ Par. 5. Section 1.42–10T is added to provisions that apply to taxable years described in paragraph (e)(1)(i)(A) of read as follows: beginning before March 3, 2016 are this section or in § 1.42–10T(e)(1)(i)(B); contained in § 1.42–10 (see 26 CFR part (A) The utility is purchased from or § 1.42–10T Energy obtained directly from 1 revised as of April 1, 2015). through a local utility company by the renewable sources (temporary). building owner (or its agent or other (a) through (e)(1)(i)(A) [Reserved]. For John Dalrymple, party acting on behalf of the building further guidance see § 1.42–10(a) Deputy Commissioner for Services and owner). through (e)(1)(i)(A). Enforcement. (B) [Reserved]. For further guidance (B) Utility not purchased from or Approved: February 8, 2016. see § 1.42–10T(e)(1)(i)(B) through through a local utility company. The Mark J. Mazur, (e)(1)(i)(C)(3). utility is not described in § 1.42– Assistant Secretary of the Treasury (Tax (ii) The tenants in the unit are billed 10(e)(1)(i)(A) and is produced from a Policy). for, and pay the building owner (or its renewable source (within the meaning [FR Doc. 2016–04606 Filed 3–2–16; 8:45 am] agent or other party acting on behalf of of paragraph (e)(1)(i)(C) of this section). BILLING CODE 4830–01–P the building owner) for, the unit’s (C) Renewable source. For purposes of consumption of the utility; paragraph (e)(1)(i)(B) of this section, a (iii) The billed amount reflects the utility is produced from a renewable DEPARTMENT OF THE TREASURY unit’s actual consumption of the utility. source if— In the case of sewerage charges, (1) It is energy that is produced from Alcohol and Tobacco Tax and Trade however, if the unit’s sewerage charges energy property described in section 48; Bureau are combined on the bill with water (2) It is energy that is produced from charges and the sewerage charges are property that is part of a facility 27 CFR Part 9 described in section 45(d)(1) through determined based on the actual water [Docket No. TTB–2015–0008; T.D. TTB–134; consumption of the unit, then the bill is (4), (6), (9), or (11); or Ref: Notice No. 152] treated as reflecting the actual sewerage (3) It is a utility that is described in consumption of the unit; and guidance published for this purpose in RIN 1513–AC21 (iv) The rate at which the building the Internal Revenue Bulletin (see § 601.601(d)(2)(ii) of this chapter). Expansion of the Willamette Valley owner bills for the utility satisfies the Viticultural Area following requirements: (ii) through (iv)(A) [Reserved]. For (A) To the extent that the utility further guidance see § 1.42–10(e)(1)(ii) AGENCY: Alcohol and Tobacco Tax and consumed is described in paragraph through (e)(1)(iv)(A). Trade Bureau, Treasury. (B) The rate described in this (e)(1)(i)(A) of this section, the utility rate ACTION: Final rule; Treasury decision. charged to the tenants of the unit does paragraph (e)(1)(iv)(B) is the rate at not exceed the rate incurred by the which the local utility company would SUMMARY: The Alcohol and Tobacco Tax building owner for that utility; and have charged the tenants in the unit for and Trade Bureau (TTB) is expanding (B) To the extent that the utility the utility if that entity had provided it the approximately 5,360-square mile consumed is described in § 1.42– to them. ‘‘Willamette Valley’’ viticultural area in 10T(e)(1)(i)(B), the utility rate charged to (2) [Reserved] northwestern Oregon, by approximately (f) Date of applicability. This section the tenants of the unit does not exceed 29 square miles. Neither the established applies to a building owner’s taxable the rate described in § 1.42– viticultural area nor the expansion area years beginning on or after March 3, 10T(e)(1)(iv)(B). is located within any other established (2) Administrative fees. If the owner 2016. A building owner may apply the viticultural area. TTB designates charges a unit’s tenants a fee for provisions of this section to the building viticultural areas to allow vintners to administering an actual-consumption owner’s taxable years beginning before better describe the origin of their wines submetering arrangement, the fee is not March 3, 2016. and to allow consumers to better (g) Expiration date. The applicability considered gross rent for purposes of identify wines they may purchase. of this section expires on March 1, 2019. section 42(g)(2). The preceding DATES: This final rule is effective April ■ Par. 6. Section 1.42–12 is amended by sentence, however, does not apply 4, 2016. unless the fee is computed in the same adding paragraph (a)(5) to read as follows: FOR FURTHER INFORMATION CONTACT: manner for every unit receiving the Karen A. Thornton, Regulations and same submetered utility service, nor § 1.42–12 Effective dates and transitional Rulings Division, Alcohol and Tobacco does it apply to any amount by which rules. Tax and Trade Bureau, 1310 G Street the aggregate monthly fee or fees for all (a) * * * NW., Box 12, Washington, DC 20005; of the unit’s utilities under one or more (5) Additional effective dates affecting phone 202–453–1039, ext. 175. actual-consumption submetering utility allowances. (i) The following SUPPLEMENTARY INFORMATION: arrangements exceed the greater of— provisions apply to a building owner’s (i) Five dollars per month; taxable years beginning on or after Background on Viticultural Areas (ii) An amount (if any) designated by March 3, 2016— TTB Authority publication in the Internal Revenue (A) The second sentence in § 1.42– Bulletin (see § 601.601(d)(2)(ii) of this 10(a); Section 105(e) of the Federal Alcohol chapter); or (B) Section 1.42–10(b)(3); Administration Act (FAA Act), 27 (iii) The lesser of— (C) The first sentence in § 1.42– U.S.C. 205(e), authorizes the Secretary (A) The dollar amount (if any) 10(b)(4)(ii)(A); of the Treasury to prescribe regulations specifically prescribed under a State or (D) Section 1.42–10(b)(4)(ii)(E); and for the labeling of wine, distilled spirits, local law; or (E) Section 1.42–10(e). and malt beverages. The FAA Act (B) A maximum amount (if any) (ii) A building owner may apply these provides that these regulations should, designated by publication in the provisions to the building owner’s among other things, prohibit consumer

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deception and the use of misleading AVAs. Petitions to expand an established in 1983 and currently are statements on labels and ensure that established AVA must include the not within any AVA. The petition labels provide the consumer with following: included letters from the president of adequate information as to the identity • Evidence that the area within the the Willamette Valley Wineries and quality of the product. The Alcohol proposed expansion area boundary is Association and the president of the and Tobacco Tax and Trade Bureau nationally or locally known by the name Oregon Winegrowers Association in (TTB) administers the FAA Act of the established AVA; support of the proposed expansion. pursuant to section 1111(d) of the • An explanation of the basis for According to the petition, the Homeland Security Act of 2002, defining the boundary of the proposed topography, soils, and climate of the codified at 6 U.S.C. 531(d). The expansion area; proposed expansion area are similar to Secretary has delegated various • A narrative description of the those of the established Willamette authorities through Treasury features of the proposed expansion area Valley AVA. The petition states that Department Order 120–01 (dated that affect viticulture, such as climate, both the proposed expansion area and December 10, 2013, superseding geology, soils, physical features, and the established AVA are composed of Treasury Order 120–01 (Revised), elevation, that make the proposed rolling hills and valleys between the ‘‘Alcohol and Tobacco Tax and Trade expansion area similar to the Coast Range Mountains to the west and Bureau,’’ dated January 24, 2003), to the established AVA and distinguish it from the Cascade Mountains to the east. TTB Administrator to perform the adjacent areas outside the established Elevations within the proposed AVA functions and duties in the AVA boundary; range from 500 feet to 1,200 feet, which • administration and enforcement of these The appropriate United States is within the range of elevations found laws. Geological Survey (USGS) map(s) in the established AVA. By contrast, the Part 4 of the TTB regulations (27 CFR showing the location of the proposed region outside both the proposed part 4) authorizes the establishment of expansion area, with the boundary of expansion area and the Willamette definitive viticultural areas and the use the proposed expansion area clearly Valley AVA is marked by mountainous of their names as appellations of origin drawn thereon; and terrain with higher elevations. The on wine labels and in wine • A detailed narrative description of proposed expansion area and the advertisements. Part 9 of the TTB the proposed expansion area boundary established AVA are also within the regulations (27 CFR part 9) sets forth the based on USGS map markings. watersheds of both the Willamette and standards for the preparation and Petition to Expand the Willamette the Siuslaw Rivers, whereas the region submission of petitions for the Valley AVA to the south of both the proposed establishment or modification of expansion area and the established AVA American viticultural areas (AVAs) and TTB received a petition from Steve drains exclusively into the Umpqua lists the approved AVAs. Thomson, the executive vice president River. of King Estate Winery in Eugene, The petition describes the soils within Definition Oregon, proposing to expand the both the proposed expansion area and Section 4.25(e)(1)(i) of the TTB established ‘‘Willamette Valley’’ AVA in the Willamette Valley AVA as having a regulations (27 CFR 4.25(e)(1)(i)) defines northwestern Oregon. The Willamette ‘‘xeric’’ moisture regime of soil a viticultural area for American wine as Valley AVA (27 CFR 9.90) was classification, meaning that they a delimited grape-growing region having established by T.D. ATF–162, which typically retain low amounts of distinguishing features, as described in was published in the Federal Register moisture and generally have depleted part 9 of the regulations, and a name on December 1, 1983 (48 FR 54221). The their moisture reserves by the end of the and a delineated boundary, as Willamette Valley AVA covers growing season. Common soil series established in part 9 of the regulations. approximately 5,360 square miles in within both the proposed expansion These designations allow vintners and Benton, Lane, Linn, Clackamas, Lincoln, area and the established AVA include consumers to attribute a given quality, Marion, Multnomah, Polk, Tillamook, Bellpine, Jory, Willakenzie, Dupee, and reputation, or other characteristic of a Washington, and Yamhill Counties. Peavine. The petition states that wine made from grapes grown in an area Neither the proposed expansion area although Peavine soils are found outside to the wine’s geographic origin. The nor the established AVA are located the proposed expansion area and the establishment of AVAs allows vintners within any other established AVA. established AVA, other soils such as to describe more accurately the origin of The proposed expansion area is Blanchley, Honeygrove Complex, their wines to consumers and helps located in Lane County and is adjacent Bohanon, Preacher, Klickitat, Kirney, consumers to identify wines they may to the southern tip of the established and Digger Complex soils are also purchase. Establishment of an AVA is Willamette Valley AVA boundary and present and are not found in either the neither an approval nor an endorsement covers approximately 29 square miles. proposed expansion area or the by TTB of the wine produced in that The King Estate Winery operates one of Willamette Valley AVA. Additionally, area. the two commercial vineyards that the soils of the surrounding region are cover a total of 508 acres within the described as having an ‘‘udic’’ moisture Requirements proposed expansion area, and provided regime of soil classification, meaning Section 4.25(e)(2) of the TTB information that the second vineyard the soils typically retain even amounts regulations (27 CFR 4.25(e)(2)) outlines owner also supports the proposed of water throughout the year. the procedure for proposing an AVA expansion. The King Estate Winery and The petition compared the climate of and provides that any interested party the second vineyard each have a winery the proposed expansion area to the may petition TTB to establish a grape- within the proposed expansion area. A climates of several established AVAs growing region as an AVA. Petitioners third winery is also included in the that are also located within the larger may use the same process to request proposed expansion area; however, it Willamette Valley AVA, as well as to changes involving established AVAs. does not operate a vineyard within the the climate of the Umpqua Valley AVA Section 9.12 of the TTB regulations (27 proposed expansion area. The vineyards (27 CFR 9.89), which is adjacent to the CFR 9.12) prescribes standards for and wineries did not exist at the time southernmost point of the Willamette petitions for modifying established the Willamette Valley AVA was Valley AVA and south of the proposed

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expansion area. The petition shows that paragraph (c)(32) in Notice No. 152, the Similarly, if the AVA name appears in the annual mean temperature, growing commenter is correct that the Federal another reference on the label in a season precipitation amounts, and highway is improperly designated in misleading manner, the bottler would growing degree day accumulations that paragraph as it currently appears in have to obtain approval of a new label. within the proposed expansion area are the Code of Federal Regulations. Different rules apply if a wine has a slightly lower than those of the AVAs Therefore, TTB is also making that edit brand name containing an AVA name within the Willamette Valley AVA. in the final rule text of this document. that was used as a brand name on a However, the climate data from the label approved before July 7, 1986. See TTB Determination proposed expansion area is more similar § 4.39(i)(2) of the TTB regulations (27 to the climate data from the AVAs After careful review of the petition CFR 4.39(i)(2)) for details. and comments received, TTB finds that located within the Willamette Valley The expansion of the Willamette the topography, soil, and climate AVA than to the climate data from the Valley AVA will not affect any other evidence provided by the petitioner Umpqua Valley AVA. existing AVA, and bottlers using sufficiently demonstrates that the Notice of Proposed Rulemaking and ‘‘Willamette Valley’’ as an appellation of proposed expansion area is similar to Comments Received origin or in a brand name for wines the established Willamette Valley AVA made from grapes within the established TTB published Notice No. 152 in the and should also be recognized as part of Willamette Valley AVA will not be Federal Register on June 18, 2015 (80 that AVA. Accordingly, under the affected by this expansion. The FR 34864), proposing to expand the authority of the FAA Act, section expansion will allow vintners to use Willamette Valley AVA. In the 1111(d) of the Homeland Security Act of ‘‘Willamette Valley’’ as an appellation of document, TTB summarized the 2002, and parts 4 and 9 of the TTB origin for wines made primarily from evidence from the petition regarding the regulations, TTB expands the 5,360- grapes grown within the expansion area name, boundary, and distinguishing square mile ‘‘Willamette Valley’’ AVA if the wines meet the eligibility features for the proposed expansion to include the approximately 29-square requirements for the appellation. area. For a detailed description of the mile expansion area as described in evidence relating to the name, Notice No. 152, effective 30 days from Regulatory Flexibility Act boundary, and distinguishing features of the publication date of this document. the proposed expansion area, and for a In the regulatory text of this final rule, TTB certifies that this regulation will comparison of the distinguishing TTB is also correcting a typographical not have a significant economic impact features of the proposed expansion area error that appeared in proposed on a substantial number of small to the surrounding areas and to the paragraph (c)(17) and a second entities. The regulation imposes no new established Willamette Valley AVA, see typographical error that was identified reporting, recordkeeping, or other Notice No. 152. by a commenter in redesignated administrative requirement. Any benefit In Notice No. 152, TTB solicited paragraph (c)(32). These corrections will derived from the use of an AVA name comments on the accuracy of the name, properly identify two roads as a State would be the result of a proprietor’s boundary, climatic, and other required highway and a Federal highway, efforts and consumer acceptance of information submitted in support of the respectively. No other changes have wines from that area. Therefore, no petition. The comment period closed on been made to the regulatory text. regulatory flexibility analysis is August 17, 2015. TTB received two required. comments in response to Notice No. Boundary Description 152. The first comment (Comment 1) See the narrative description of the Executive Order 12866 did not directly address the proposed boundary of the AVA expansion in the expansion of the Willamette Valley It has been determined that this rule regulatory text published at the end of is not a significant regulatory action as AVA and, instead, issued a general this final rule. caution against establishing too many defined by Executive Order 12866 of AVAs in any given area, as rapid or Maps September 30, 1993. Therefore, no regulatory assessment is required. uncontrolled growth may cause long- The petitioner provided the required term harm to the economy, quality of maps, and they are listed below in the Drafting Information life, and agricultural diversity of the regulatory text. community. TTB considers this Karen A. Thornton of the Regulations comment to be outside the scope of the Impact on Current Wine Labels and Rulings Division drafted this final proposed rule. Part 4 of the TTB regulations prohibits rule. The second comment (Comment 2) any label reference on a wine that identified two typographical errors in indicates or implies an origin other than List of Subjects in 27 CFR Part 9 the proposed regulatory text of Notice the wine’s true place of origin. For a Wine. No. 152. The commenter noted that in wine to be labeled with an AVA name paragraph (c)(17) of the proposed or with a brand name that includes an The Regulatory Amendment regulatory text, Oregon State Highway AVA name, at least 85 percent of the 99 was incorrectly referred to as wine must be derived from grapes For the reasons discussed in the Interstate Highway 99. TTB agrees that grown within the area represented by preamble, TTB amends title 27, chapter the State highway was incorrectly that name, and the wine must meet the I, part 9, Code of Federal Regulations, as designated in the proposed regulatory other conditions listed in § 4.25(e)(3) of follows: text, and the correction has been made the TTB regulations (27 CFR 4.25(e)(3)). PART 9—AMERICAN VITICULTURAL in the final rule text. The commenter If the wine is not eligible for labeling AREAS also stated that U.S. Highway 26 was with an AVA name and that name incorrectly identified as Interstate appears in the brand name, then the ■ Highway 26 in redesignated paragraph label is not in compliance, and the 1. The authority citation for part 9 (c)(32). Although TTB did not propose bottler must change the brand name and continues to read as follows: to change the text of redesignated obtain approval of a new label. Authority: 27 U.S.C. 205.

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Subpart C—Approved American Signed: February 8, 2016. pursuant to section 1111(d) of the Viticultural Areas John J. Manfreda, Homeland Security Act of 2002, Administrator. codified at 6 U.S.C. 531(d). The ■ 2. Section 9.90 is amended by revising Approved: February 11, 2016. Secretary has delegated various paragraph (b) introductory text, adding Timothy E. Skud, authorities through Treasury paragraph (b)(4), removing paragraphs Department Order 120–01 (dated Deputy Assistant Secretary (Tax, Trade, and (c)(11) through (13), redesignating Tariff Policy). December 10, 2013, superseding paragraphs (c)(14) through (32) as Treasury Order 120–01 (Revised), [FR Doc. 2016–04710 Filed 3–2–16; 8:45 am] paragraphs (c)(18) through (36), revising ‘‘Alcohol and Tobacco Tax and Trade newly redesignated paragraph (c)(32), BILLING CODE 4810–31–P Bureau,’’ dated January 24, 2003), to the and adding paragraphs (c)(11) through TTB Administrator to perform the (17) to read as follows: DEPARTMENT OF THE TREASURY functions and duties in the administration and enforcement of these § 9.90 Willamette Valley. Alcohol and Tobacco Tax and Trade laws. * * * * * Bureau Part 4 of the TTB regulations (27 CFR (b) Approved maps. The approved part 4) authorizes TTB to establish maps for determining the boundaries of 27 CFR Part 9 definitive viticultural areas and regulate the Willamette Valley viticultural area the use of their names as appellations of are three U.S.G.S. Oregon maps scaled [Docket No. TTB–2015–0009; T.D. TTB–135; origin on wine labels and in wine 1:250,000 and one U.S.G.S. Oregon map Ref: Notice No. 153] advertisements. Part 9 of the TTB scaled 1:24,000. They are entitled: RIN 1513–AC20 regulations (27 CFR part 9) sets forth * * * * * standards for the preparation and (4) ‘‘Letz Creek, OR’’ (revised 1984). Establishment of the Loess Hills submission of petitions for the (c) * * * District Viticultural Area establishment or modification of (11) Northeast, then southeast along American viticultural areas (AVAs) and AGENCY: Alcohol and Tobacco Tax and the 1,000 foot contour line lists the approved AVAs. Trade Bureau, Treasury. approximately 12 miles to its Definition intersection with the R5W/R6W range ACTION: Final rule; Treasury decision. line; Section 4.25(e)(1)(i) of the TTB SUMMARY: The Alcohol and Tobacco Tax regulations (27 CFR 4.25(e)(1)(i)) defines (12) South along the R5W/R6W range and Trade Bureau (TTB) establishes the line approximately 0.25 mile to the a viticultural area for American wine as approximately 12,897-square mile a delimited grape-growing region having intersection with the 1,000 foot contour ‘‘Loess Hills District’’ viticultural area in line; distinguishing features, as described in western Iowa and northwestern part 9 of the regulations, and a name (13) Generally southeast along the Missouri. This new viticultural area is meandering 1,000 foot contour line, and a delineated boundary, as not located within any other viticultural established in part 9 of the regulations. crossing onto the Letz Creek map, to a area. TTB designates viticultural areas point on the 1,000 foot contour line These designations allow vintners and to allow vintners to better describe the consumers to attribute a given quality, located due north of the intersection of origin of their wines and to allow Siuslaw River Road and Fire Road; reputation, or other characteristic of a consumers to better identify wines they wine made from grapes grown in an area (14) South in a straight line may purchase. approximately 0.55 mile, crossing over to the wine’s geographic origin. The DATES: the Siuslaw River and the intersection This final rule is effective April establishment of AVAs allows vintners of Siuslaw River Road and Fire Road, to 4, 2016. to describe more accurately the origin of the 1,000 foot contour line; FOR FURTHER INFORMATION CONTACT: their wines to consumers and helps (15) Generally southeast along the Karen A. Thornton, Regulations and consumers to identify wines they may meandering 1,000 foot contour line, Rulings Division, Alcohol and Tobacco purchase. Establishment of an AVA is crossing onto the Roseburg, Oregon Tax and Trade Bureau, 1310 G Street neither an approval nor an endorsement map, to the intersection of the 1,000 foot NW., Box 12, Washington, DC 20005; by TTB of the wine produced in that contour line with the Lane/Douglas phone 202–453–1039, ext. 175. area. County line; SUPPLEMENTARY INFORMATION: Requirements (16) East along the Lane/Douglas Background on Viticultural Areas County line approximately 3.8 miles to Section 4.25(e)(2) of the TTB the intersection with the 1,000 foot TTB Authority regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA contour line just east of the South Fork Section 105(e) of the Federal Alcohol of the Siuslaw River; and provides that any interested party Administration Act (FAA Act), 27 may petition TTB to establish a grape- (17) Generally north, then northeast U.S.C. 205(e), authorizes the Secretary along the 1,000 foot contour line around growing region as an AVA. Section 9.12 of the Treasury to prescribe regulations of the TTB regulations (27 CFR 9.12) Spencer Butte, and then generally south for the labeling of wine, distilled spirits, to a point along the Lane/Douglas prescribes standards for petitions for the and malt beverages. The FAA Act establishment or modification of AVAs. County line 0.5 mile north of State provides that these regulations should, Highway 99; Petitions to establish an AVA must among other things, prohibit consumer include the following: * * * * * deception and the use of misleading • Evidence that the area within the (32) North along R5E/R6E 10.5 miles statements on labels and ensure that proposed AVA boundary is nationally to a point where it intersects the Mount labels provide the consumer with or locally known by the AVA name Hood National Forest boundary adequate information as to the identity specified in the petition; (approximately three miles north of U.S. and quality of the product. The Alcohol • An explanation of the basis for Highway 26); and Tobacco Tax and Trade Bureau defining the boundary of the proposed * * * * * (TTB) administers the FAA Act AVA;

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• A narrative description of the west of the proposed AVA is dominated In Notice No. 153, TTB solicited features of the proposed AVA affecting by wide, flat flood plains. comments on the accuracy of the name, viticulture, such as climate, geology, The loess deposits within the boundary, and other required soils, physical features, and elevation, proposed AVA reach depths of up to information submitted in support of the that make the proposed AVA distinctive 300 feet, which are the thickest deposits petition. The comment period closed on and distinguish it from adjacent areas of loess within the United States. The August 17, 2015. TTB did not receive outside the proposed AVA boundary; petition states that the thickness of the any comments in response to Notice No. • The appropriate United States loess within the proposed AVA enables 153. Geological Survey (USGS) map(s) roots to extend deep into the soil showing the location of the proposed without being stopped by a restrictive TTB Determination AVA, with the boundary of the barrier such as denser soils or bedrock. After careful review of the petition, proposed AVA clearly drawn thereon; The lack of a restrictive barrier also TTB finds that the evidence provided by and allows water to drain away from the the petitioner supports the • A detailed narrative description of roots quickly, which reduces the risk of establishment of the Loess Hills District the proposed AVA boundary based on fungal diseases and rot. In comparison, AVA. Accordingly, under the authority USGS map markings. in every direction outside the proposed of the FAA Act, section 1111(d) of the Loess Hills District Petition AVA, the depth of loess is 20 feet or Homeland Security Act of 2002, and less, which is significantly shallower parts 4 and 9 of the TTB regulations, TTB received a petition from Shirley than within the proposed AVA. TTB establishes the ‘‘Loess Hills Frederiksen, on behalf of the Western The petition also states that the District’’ AVA in western Iowa and Iowa Grape Growers Association and proposed Loess Hills District AVA has northwestern Missouri, effective 30 days the Golden Hills Resource Conservation a long growing season and relatively from the publication date of this and Development organization high annual precipitation amounts. The document. proposing the establishment of the early last-spring-frost date reduces the ‘‘Loess Hills District’’ AVA in western risk that tender new buds and shoots Boundary Description Iowa and northwestern Missouri. The will be damaged by spring frosts, and See the narrative description of the proposed AVA covers a long, narrow the late first-fall-frost date allows boundary of the AVA in the regulatory north-south orientated swath of land adequate time for late-maturing varieties text published at the end of this final along the Big Sioux and Missouri of grapes, including Norton, rule. Rivers, covering 12,897 square miles Chambourcin, and Noiret, to ripen from Hawarden, Iowa, to Craig, before frost can damage the fruit. The Maps Missouri. There are approximately 66 high precipitation amounts provide The petitioner provided the required commercially-producing vineyards adequate hydration for the vines, so maps, and they are listed below in the covering a total of 112 acres distributed irrigation is seldom necessary within regulatory text. throughout the proposed AVA, along the proposed AVA. However, the Impact on Current Wine Labels with 13 wineries. The proposed Loess rainfall amounts also pose a risk of Hills District AVA is not located within erosion due to both the steepness of the Part 4 of the TTB regulations prohibits any established AVA. hillsides and the loose, crumbly nature any label reference on a wine that According to the petition, the of the soils. When compared to the indicates or implies an origin other than distinguishing features of the proposed proposed AVA, the regions to the north, the wine’s true place of origin. For a Loess Hills District AVA are its soil, east, and west have shorter growing wine to be labeled with an AVA name topography, and climate. The proposed seasons. To the south of the proposed or with a brand name that includes an AVA is located in a region characterized AVA, the growing season is longer. AVA name, at least 85 percent of the by extremely deep layers of wind- Annual precipitation amounts in the wine must be derived from grapes deposited soil called ‘‘loess.’’ Loess is a region south of the proposed AVA are grown within the area represented by loose, crumbly soil comprised of quartz, higher, while the precipitation amounts that name, and the wine must meet the feldspar, mica, and other materials in the region to the west are lower than other conditions listed in 27 CFR which were ground into a fine powder those found within the proposed AVA. 4.25(e)(3). If the wine is not eligible for by glaciers during the Ice Ages. When labeling with an AVA name and that the glaciers melted, the water pushed Notice of Proposed Rulemaking and name appears in the brand name, then this glacial flour down the Missouri Comments Received the label is not in compliance and the River Valley. When the waters receded, TTB published Notice No. 153 in the bottler must change the brand name and the exposed silt dried and was picked Federal Register on June 18, 2015 (80 obtain approval of a new label. up by the prevailing westerly winds and FR 34857), proposing to establish the Similarly, if the AVA name appears in redeposited over broad areas. Loess Hills District AVA. In the another reference on the label in a The heaviest, coarsest loess particles document, TTB summarized the misleading manner, the bottler would were deposited along the Missouri evidence from the petition regarding the have to obtain approval of a new label. River, within the proposed Loess Hills name, boundary, and distinguishing Different rules apply if a wine has a District AVA, and formed a landscape of features for the proposed AVA. The brand name containing an AVA name rolling-to-steep hills. According to the document also compared the that was used as a brand name on a petition, the rolling topography allows distinguishing features of the proposed label approved before July 7, 1986. See cold air to drain away from the AVA to the features of the surrounding 27 CFR 4.39(i)(2) for details. vineyards, thus reducing the threat of areas. For a detailed description of the With the establishment of this AVA, frost. By contrast, the terrain in the evidence relating to the name, its name, ‘‘Loess Hills District,’’ will be regions to the north, south, and east of boundary, and distinguishing features of recognized as a name of viticultural the proposed AVA is marked by broadly the proposed AVA, and for a detailed significance under § 4.39(i)(3) of the undulating hills with shallower slopes comparison of the distinguishing TTB regulations (27 CFR 4.39(i)(3)). The and lower elevations than are found features of the proposed AVA to the text of the regulation clarifies this point. within the proposed AVA. The terrain surrounding areas, see Notice No. 153. Consequently, wine bottlers using the

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name ‘‘Loess Hills District’’ in a brand § 9.255 Loess Hills District. into Plymouth County, Iowa, to a road name, including a trademark, or in (a) Name. The name of the viticultural known locally as County Road C12 another label reference as to the origin area described in this section is ‘‘Loess (110th Street), at Craig, Iowa; then of the wine, will have to ensure that the Hills District’’. For purposes of part 4 of (5) Proceed east on County Road C12 product is eligible to use the AVA name this chapter, ‘‘Loess Hills District’’ is a approximately 2 miles to a road known as an appellation of origin. TTB is not term of viticultural significance. locally as County Road K42 (Jade designating ‘‘Loess Hills,’’ standing (b) Approved maps. The 13 United Avenue), at the marked 436-meter alone, as a term of viticultural States Geological Survey (USGS) elevation point; then significance due to the current use of 1:100,000 scale topographic maps used (6) Proceed south on County Road ‘‘Loess Hills,’’ standing alone, as a brand to determine the boundary of the Loess K42 approximately 10 miles to a road name on wine labels. Hills District viticultural area are titled: known locally as County Road C38; then The establishment of the Loess Hills (1) Rock Rapids, Iowa-South Dakota, (7) Proceed east on County Road C38 District AVA will not affect any existing 1985; approximately 6.4 miles to a road AVA. The establishment of the Loess (2) Sioux City North, Iowa-South known locally as County Road K49 (7th Hills District AVA will allow vintners to Dakota-Nebraska, 1986; photoinspected Avenue SE), approximately 2 miles use ‘‘Loess Hills District’’ as an 1990; south of La Mars, Iowa; then appellation of origin for wines made (3) Storm Lake, Iowa, 1985; (8) Proceed south on County Road primarily from grapes grown within the photoinspected 1990; K49 approximately 4 miles to a road Loess Hills District AVA if the wines (4) Ida Grove, Iowa, 1985; known locally as County Road C44 meet the eligibility requirements for the photoinspected 1990; (230th Street); then appellation. (5) Carroll, Iowa, 1993; (9) Proceed east on County Road C44 (6) Guthrie Center, Iowa, 1993; approximately 5 miles to a road known Regulatory Flexibility Act (7) Creston, Iowa, 1993; locally as County Road K64 (Oyens (8) Omaha, Nebraska-Iowa, 1985; TTB certifies that this regulation will Avenue); then photoinspected, 1990; (10) Proceed south on County Road not have a significant economic impact (9) Nebraska City, Nebraska-Iowa- K64 approximately 4.1 miles to a road on a substantial number of small Missouri, 1993; known locally as County Road C60 entities. The regulation imposes no new (10) Falls City, Nebraska-Missouri, (290th Street); then reporting, recordkeeping, or other 1986; photoinspected 1991; (11) Proceed east on County Road C60 administrative requirement. Any benefit (11) Harlan, Iowa-Nebraska, 1980; approximately 5 miles, crossing onto the derived from the use of an AVA name (12) Blair, Nebraska-Iowa, 1986; Storm Lake, Iowa map, to State Highway would be the result of a proprietor’s photoinspected 1988; and 140; then efforts and consumer acceptance of (13) Sioux City South, Iowa-Nebraska- (12) Proceed south on State Highway wines from that area. Therefore, no South Dakota, 1986; photoinspected 140 approximately 3.2 miles to a road regulatory flexibility analysis is 1990. known locally as County Road L14 required. (c) Boundary. The Loess Hills District (Knox Avenue) in Kingsley, Iowa; then Executive Order 12866 viticultural area is located in Fremont, (13) Proceed south on County Road Page, Mills, Montgomery, L14 approximately 2.7 miles, crossing TTB has determined that this final Pottawattamie, Cass, Harrison, Shelby, into Woodbury County, Iowa, to a road rule is not a significant regulatory action Audubon, Monona, Crawford, Carroll, known locally as County Road D12 as defined by Executive Order 12866 of Woodbury, Ida, Sac, Plymouth, and (110th Street); then September 30, 1993. Therefore, no Sioux Counties in western Iowa and (14) Proceed east on County Road D12 regulatory assessment is required. Atchison and Holt Counties in approximately 5 miles to a road known Drafting Information northwestern Missouri. The boundary of locally as County Road L25 (Minnesota the Loess Hills District viticultural area Avenue) near Pierson, Iowa; then Karen A. Thornton of the Regulations is as described below: (15) Proceed south on County Road and Rulings Division drafted this final (1) The beginning point is on the Rock L25 approximately 4.5 miles, crossing rule. Rapids, Iowa-South Dakota map, in onto the Ida Grove, Iowa map, to U.S. Sioux County, Iowa, at the intersection List of Subjects in 27 CFR Part 9 Highway 20; then of the Big Sioux River and an unnamed (16) Proceed east on U.S. Highway 20 Wine. road known locally as County Road B30 approximately 22.5 miles, crossing into (360th Street), east of Hudson, South The Regulatory Amendment Ida County, Iowa, to a road known Dakota. From the beginning point, locally as County Road M25 (Market For the reasons discussed in the proceed east on County Road B30 Avenue); then preamble, TTB amends title 27, chapter approximately 3 miles to a road known (17) Proceed south on County Road I, part 9, Code of Federal Regulations, as locally as County Road K22 (Coolidge M25 approximately 9.8 miles to State follows: Avenue); then Highway 175 east of Ida Grove, Iowa; (2) Proceed south on County Road then PART 9—AMERICAN VITICULTURAL K22 approximately 3 miles to a road (18) Proceed east on State Highway AREAS known locally as County Road B40 175 approximately 4.1 miles to a road (390th Street); then known locally as Country Highway M31 ■ 1. The authority citation for part 9 (3) Proceed east on County Road B40 (Quail Avenue) near Arthur, Iowa; then continues to read as follows: approximately 4 miles to a road known (19) Proceed south on Country Authority: 27 U.S.C. 205. locally as County Road K30 (Eagle Highway M31 approximately 4.4 miles Avenue); then to a road known locally as County Road Subpart C—Approved American (4) Proceed south on County Road D59 (300th Street); then Viticultural Areas K30 approximately 13.1 miles, crossing (20) Proceed east on County Road D59 onto the Sioux City North, Iowa-South approximately 13 miles, crossing into ■ 2. Add § 9.255 to read as follows: Dakota-Nebraska map and continuing Sac County, Iowa, to a road known

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locally as County Road M64 (Needham into Mills County, Iowa, to U.S. Atchison County, Missouri, and onto Avenue/Center Street) at Wall Lake, Highway 59; then the Nebraska City, Nebraska-Iowa- Iowa; then (35) Proceed south on U.S. Highway Missouri map, and continuing into (21) Proceed south on County Road 59 approximately 20.2 miles, crossing Freemont County and Mills County, M64 approximately 6.2 miles to a road onto the Nebraska City, Nebraska-Iowa- Iowa, then crossing onto the Omaha, known locally as County Road E16 Missouri map and into Page County, Nebraska-Iowa map and into (120th Street); then Iowa, to a road known locally as County Pottawattamie County, Iowa; then (22) Proceed east into Carroll County, Road J14 (130th Street); then crossing onto the Harlan, Iowa-Nebraska Iowa, on County Road E16 (36) Proceed east on County Road J14 map and into Harrison County, Iowa; approximately 6 miles, crossing onto the approximately 4 miles to a road known then continuing onto the Blair, Carroll, Iowa map, to Breda, Iowa, and locally as County Road M41 (D Avenue); Nebraska-Iowa map and into Monona then continue east on State Highway then County, Iowa; then crossing onto the 217 (East Main Street) approximately 5 (37) Proceed south on County Road Sioux City South, Iowa-Nebraska-South miles to U.S. Highway 71; then M41 approximately 1.7 miles to State Dakota Map and into Woodbury County (23) Proceed south on U.S. Highway Highway 48 at Essex, Iowa; then for a total of approximately 185 miles, 71 approximately 3 miles to a road (38) Proceed northeast then east on to the intersection of Interstate Highway known locally as County Road E26 State Highway 48 approximately 1.2 29 with the Big Sioux River at Sioux (140th Street); then miles to a road known locally as County City, Iowa; then (24) Proceed east on County Road E26 Road M41 (E Avenue); then (50) Proceed generally north approximately 5 miles to a road known (39) Proceed south on County Road (upstream) along the meandering Big locally as County Road N38 (Quail M41 approximately 7 miles to State Sioux River, crossing onto the Sioux Avenue); then Highway 2 (210th Street); then City North, Iowa-South Dakota-Nebraska (40) Proceed east on State Highway 2 (25) Proceed south on County Road map and into Plymouth County and approximately 8 miles to a road known N38 approximately 5 miles to U.S. Sioux County, Iowa, and continuing locally as M Avenue; then Highway 30 (Lincoln Highway); then onto the Rock Rapids, Iowa-South (41) Proceed south on M Avenue, then (26) Proceed east on U.S. Highway 30 Dakota map for a total of approximately east on a road known locally as County 50 miles, returning to the beginning approximately 3 miles to a road known Road M60 (Maple Avenue), point. locally as County Road N44 (Colorado approximately 6.4 total miles, to a road Street) in Glidden, Iowa; then Signed: January 29, 2016. known locally as County Road J52 (27) Proceed south on County Road John J. Manfreda, (270th Street); then N44 approximately 8 miles, crossing (42) Proceed south in a straight line Administrator. onto the Guthrie Center, Iowa map, to a approximately 3.5 miles to the Approved: February 11, 2016. road known locally as County Road E57 intersection of 304th Street and Maple Timothy E. Skud, (280th Street); then Avenue (approximately 1.2 miles Deputy Assistant Secretary, (Tax, Trade, and (28) Proceed east on County Road E57 southwest of College Springs, Iowa), and Tariff Policy). approximately 2 miles to a road known then continue south on Maple Avenue [FR Doc. 2016–04760 Filed 3–2–16; 8:45 am] locally as County Road N44 (Velvet for 0.5 mile to a road known locally as BILLING CODE 4810–31–P Avenue); then County Road J64 (310th Street); then (29) Proceed south on County Road (43) Proceed west on County Road J64 N44 approximately 5.4 miles to State approximately 4.5 miles to a road DEPARTMENT OF DEFENSE Highway 141 (330th Street) at Coon known locally as County Road M48 Rapids, Iowa; then (Hackberry Avenue); then Department of the Navy (30) Proceed west on State Highway (44) Proceed south on County Road 141 approximately 12 miles to U.S. M48 approximately 1.2 miles to the 32 CFR Part 706 Highway 71 at Lynx Avenue southeast Iowa-Missouri State line at Blanchard, Certifications and Exemptions Under of Templeton, Iowa; then Iowa, and, crossing into Atchison the International Regulations for (31) Proceed south on U.S. Highway County, Missouri, where County Road Preventing Collisions at Sea, 1972 71 approximately 35.9 miles, crossing M48 becomes State Road M, and into Audubon County, Iowa, and then continue generally south on State Road AGENCY: Department of the Navy, DoD. Cass County, Iowa, and onto the M approximately 11.2 miles, crossing ACTION: Final rule. Creston, Iowa map, to U.S. Highway 6/ onto the Falls City, Nebraska-Missouri State Highway 83 east of Atlantic, Iowa; map, to U.S. Highway 136; then SUMMARY: The Department of the Navy then (45) Proceed west on U.S. Highway (DoN) is amending its certifications and (32) Proceed west, then southwest, 136 approximately 1 mile to State Road exemptions under the International then west on U.S. Highway 6 N; then Regulations for Preventing Collisions at approximately 18.9 miles, crossing onto (46) Proceed south on State Road N 15 Sea, 1972 (72 COLREGS), to reflect that the Omaha, Nebraska-Iowa map and miles, crossing into Holt County, the Deputy Assistant Judge Advocate into Pottawattamie County, Iowa, to a Missouri, to State Road C; then General (DAJAG) (Admiralty and road known locally as County Road M47 (47) Proceed west then south on State Maritime Law) has determined that USS (500th Street) approximately 1 mile Road C approximately 3 miles to U.S. JOHN P MURTHA (LPD 26) is a vessel west of Walnut Creek; then Highway 59; then of the Navy which, due to its special (33) Proceed south on County Road (48) Proceed northwest on U.S. construction and purpose, cannot fully M47 approximately 12 miles, crossing Highway 59 approximately 2 miles to comply with certain provisions of the 72 into Montgomery County, Iowa to a road the highway’s first intersection with COLREGS without interfering with its known locally as County Road H12 Interstate Highway 29 near Craig, special function as a naval ship. The (110th Street); then Missouri; then intended effect of this rule is to warn (34) Proceed west on County Road (49) Proceed generally north along mariners in waters where 72 COLREGS H12 approximately 8.9 miles, crossing Interstate Highway 29, crossing into apply.

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DATES: This rule is effective March 3, the horizontal distance between the PART 706—CERTIFICATIONS AND 2016 and is applicable beginning forward and after masthead lights; and EXEMPTIONS UNDER THE January 13, 2016. Annex I, paragraph 2(k) as described in INTERNATIONAL REGULATIONS FOR FOR FURTHER INFORMATION CONTACT: Rule 30 (a)(i), pertaining to the vertical PREVENTING COLLISIONS AT SEA, Commander Theron R. Korsak, separation between anchor lights. The 1972 (Admiralty and Maritime Law), Office of DAJAG (Admiralty and Maritime Law) the Judge Advocate General, Department has also certified that the lights ■ 1. The authority citation for part 706 of the Navy, 1322 Patterson Ave. SE., involved are located in closest possible continues to read: compliance with the applicable 72 Suite 3000, Washington Navy Yard, DC Authority: 33 U.S.C. 1605. 20374–5066, telephone 202–685–5040. COLREGS requirements. Moreover, it has been determined, in ■ 2. Section 706.2 is amended by: SUPPLEMENTARY INFORMATION: Pursuant accordance with 32 CFR parts 296 and ■ a. In Table Three, adding, in alpha to the authority granted in 33 U.S.C. 701, that publication of this amendment 1605, the DoN amends 32 CFR part 706. for public comment prior to adoption is numerical order, by vessel number, an This amendment provides notice that impracticable, unnecessary, and entry for USS JOHN P MURTHA (LPD the DAJAG (Admiralty and Maritime contrary to public interest since it is 26); Law), under authority delegated by the based on technical findings that the ■ b. In Table Four, paragraph 20., Secretary of the Navy, has certified that placement of lights on this vessel in a adding, in alpha numerical order, by USS JOHN P MURTHA (LPD 26) is a manner differently from that prescribed vessel number, an entry for USS JOHN vessel of the Navy which, due to its herein will adversely affect the vessel’s P MURTHA (LPD 26); and special construction and purpose, ability to perform its military functions. ■ c. In Table Five, by adding, in alpha cannot fully comply with the following List of Subjects in 32 CFR Part 706 numerical order, by vessel number, an specific provisions of 72 COLREGS entry for USS JOHN P MURTHA (LPD without interfering with its special Marine safety, Navigation (water), and 26). function as a naval ship: Annex I Vessels. paragraph 2 (i)(i), Rule 27 (a)(i) and For the reasons set forth in the § 706.2 Certifications of the Secretary of (b)(i), pertaining to the placement of all- preamble, the DoN amends part 706 of the Navy under Executive Order 11964 and round task lights in a vertical line; title 32 of the Code of Federal 33 U.S.C. 1605. Annex I, paragraph 3(a), pertaining to Regulations as follows: * * * * *

TABLE THREE

Anchor Side lights Stern light, Forward lights Masthead Side lights Stern light distance distance anchor light, relationship lights arc of arc of arc of inboard of forward of height above of aft light Vessel Number visibility; rule visibility; rule visibility; rule ship’s sides stern in me- hull in to forward 21(a) 21(b) 21(c) in meters ters; rule meters; 2(k) light in me- 3(b) Annex 1 21(c) Annex 1 ters 2(k) Annex 1

******* USS JOHN P LPD 26 ...... 1.72 below. MURTHA.

*******

* * * * * 20. ** *

TABLE FOUR

Angle in degrees of task lights off vertical as Vessel Number viewed from directly ahead or astern

USS JOHN P MURTHA LPD 26 10

*******

* * * * *

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TABLE FIVE

After Masthead Forward masthead light lights not over all masthead light not less than 1/2 Percentage Vessel Number other lights and in forward quarter ship’s length aft of horizontal obstructions. of ship. Annex I, forward separation Annex I, sec. 3(a) masthead light. attained sec. 2(f) Annex I, sec. 3(a)

******* USS JOHN P MURTHA ...... LPD 26 ...... X 71

*******

Approved: January 13, 2016. Folder on the line associated with this with this rule. Under 5 U.S.C. 553(d)(3), A.B. Fischer, rulemaking. the Coast Guard finds that good cause Commander, JAGC, U.S. Navy, Deputy FOR FURTHER INFORMATION CONTACT: If exists for making this rule effective in Assistant Judge Advocate General (Admiralty you have questions on this rule, call or less than 30 days after publication in the and Maritime Law). email Mr. Lee Soule, Bridge Federal Register. The regulation change Dated: February 17, 2016. Management Specialist, Ninth Coast has already taken place and the N.A. Hagerty-Ford, Guard District; telephone (216) 902– correction of the regulation will not Commander, Judge Advocate General’s Corps, 6085, email [email protected]. affect mariners currently operating on U.S. Navy, Federal Register Liaison Officer SUPPLEMENTARY INFORMATION: this waterway. Therefore, a delayed [FR Doc. 2016–04547 Filed 3–2–16; 8:45 am] effective date is unnecessary. I. Table of Abbreviations BILLING CODE 3810–FF–P The NPRM for the regulations, CFR Code of Federal Regulations DHS Department of Homeland Security published on December 8, 2011 (76 FR E.O. Executive Order 76637), proposed to revise § 117.647. At DEPARTMENT OF HOMELAND FR Federal Register the end of the rule, the following SECURITY NPRM Notice of proposed rulemaking characters were included in the NPRM: SNPRM Supplemental notice of proposed ‘‘*****.’’ These characters Coast Guard rulemaking indicated the Coast Guard’s intention to Pub. L. Public Law retain paragraphs (c) and (d) which were 33 CFR Part 117 § Section U.S.C. United States Code included in the regulations at the time of the NPRM regarding the CSX Railroad [Docket No. USCG–2015–0934] II. Background Information and Bridge located at mile 18.0 over the RIN 1625–AA09 Regulatory History Saginaw River and the Grand Trunk The Coast Guard is issuing this final Western Railroad Bridge located at mile Drawbridge Operation Regulation; rule without prior notice and 19.2 of the Saginaw River. However, the Saginaw River, Bay City, MI opportunity to comment pursuant to final rule, which was published on authority under section 4(a) of the April 24, 2012 (77 FR 21864), did not AGENCY: Coast Guard, DHS. Administrative Procedure Act (APA) (5 preserve these paragraphs. The purpose ACTION: Final rule. U.S.C. 553(b)). This provision of this amendment is to ensure that the SUMMARY: The Coast Guard is amending authorizes an agency to issue a rule regulation accurately reflects the its regulations regarding drawbridge without prior notice and opportunity to original intention and inclusion of these operations in Saginaw River, Bay City, comment when the agency for good inadvertently omitted paragraphs. cause finds that those procedures are MI. In a final rule entitled, ‘‘Drawbridge III. Discussion of Final Rule Operation Regulation; Saginaw River, ‘‘impracticable, unnecessary, or contrary Bay City, MI’’ that appeared in the to the public interest.’’ Under 5 U.S.C. The purpose of this rule is to correct Federal Register on April 12, 2012, the 553(b), the Coast Guard finds that good 33 CFR 117.647 in the Code of Federal Coast Guard revised the drawbridge cause exists for not publishing a notice Regulations. of proposed rulemaking (NPRM) with opening schedules for the Saginaw As noted above, this rule restores River and inadvertently excluded the respect to this rule because the publishing of the original final rule language that was previously excluded. CSX Railroad Bridge and the Grand This rule is correcting the regulation in Trunk Western Railroad Bridge. This [Docket No. USCG–2011–1013] omitted regulatory language that was published 33 CFR 117.647 by restoring the listing document amends the regulations by of drawbridges allowed to remain adding these two bridges back into the in the previous rulemaking NPRM, but closed. The CSX Railroad Bridge located regulations. was inadvertently left out of the final rule published on April 12, 2012. at mile 18.0 of the Saginaw River and DATES: This rule is effective March 3, Therefore, it is unnecessary to issue a the Grand Trunk Western Railroad 2016. rule without prior notice and Bridge located on mile 19.2 of the ADDRESSES: To view documents opportunity to comment because the Saginaw River will retain their current mentioned in this preamble as being public was already provided an operating schedule. This rule will not available in the docket, go to http:// opportunity to comment on these affect waterway traffic or land www.regulations.gov, type [USCG– provisions, had no objections during the transportation needs because the status 2015–0934] in the ‘‘SEARCH’’ box and previous comment period, and the of the two drawbridges has been in click ‘‘SEARCH.’’ Click on Open Docket operation of the bridges is consistent effect since 1994.

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IV. Regulatory Analyses listed in the FOR FURTHER INFORMATION F. Environment We developed this rule after CONTACT, above. Small businesses may send comments on the actions of We have analyzed this rule under considering numerous statutes and Department of Homeland Security Executive Orders related to rulemaking. Federal employees who enforce, or otherwise determine compliance with, Management Directive 023–01 and Below we summarize our analyses Commandant Instruction M16475.lD, based on a number of these statutes and Federal regulations to the Small Business and Agriculture Regulatory which guides the Coast Guard in Executive Orders, and we discuss First complying with the National Amendment rights of protesters. Enforcement Ombudsman and the Regional Small Business Regulatory Environmental Policy Act of 1969 A. Regulatory Planning and Review Fairness Boards. The Ombudsman (NEPA) (42 U.S.C. 4321–4370f), and evaluates these actions annually and have made a determination that this Executive Orders 12866 and 13563 action is one of a category of actions direct agencies to assess the costs and rates each agency’s responsiveness to small business. If you wish to comment which do not individually or benefits of available regulatory cumulatively have a significant effect on alternatives and, if regulation is on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888– the human environment. This rule necessary, to select regulatory simply promulgates the operating approaches that maximize net benefits. 734–3247). The Coast Guard will not retaliate against small entities that regulations or procedures for Executive Order 13563 emphasizes the drawbridges. This action is categorically importance of quantifying both costs question or complain about this rule or any policy or action of the Coast Guard. excluded from further review, under and benefits, of reducing costs, of figure 2–1, paragraph (32)(e), of the harmonizing rules, and of promoting C. Collection of Information Instruction. flexibility. This rule has not been Under figure 2–1, paragraph (32)(e), of designated a ‘‘significant regulatory This rule calls for no new collection the Instruction, an environmental action,’’ under Executive Order 12866. of information under the Paperwork analysis checklist and a categorical Accordingly, it has not been reviewed Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not by the Office of Management and 3520). required for this rule. Budget. The Coast Guard does not consider this rule to be ‘‘significant’’ D. Federalism and Indian Tribal G. Protest Activities under that Order because it is an Government The Coast Guard respects the First administrative change that corrects A rule has implications for federalism inadvertently omitted language that is Amendment rights of protesters. under Executive Order 13132, Protesters are asked to contact the consistent with the current operation of Federalism, if it has a substantial direct the bridges. Therefore, this rule does not person listed in the FOR FURTHER effect on the States, on the relationship INFORMATION CONTACT section to affect the way vessels operate on the between the national government and waterway. coordinate protest activities so that your the States, or on the distribution of message can be received without B. Impact on Small Entities power and responsibilities among the jeopardizing the safety or security of various levels of government. We have people, places or vessels. The Regulatory Flexibility Act of 1980 analyzed this rule under that Order and (RFA), 5 U.S.C. 601–612, as amended, have determined that it is consistent List of Subjects in 33 CFR Part 117 requires federal agencies to consider the with the fundamental federalism Bridges. potential impact of regulations on small principles and preemption requirements entities during rulemaking. The term described in Executive Order 13132. For the reasons discussed in the ‘‘small entities’’ comprises small Also, this rule does not have tribal preamble, the Coast Guard amends 33 businesses, not-for-profit organizations CFR part 117 as follows: that are independently owned and implications under Executive Order operated and are not dominant in their 13175, Consultation and Coordination PART 117—DRAWBRIDGE fields, and governmental jurisdictions with Indian Tribal Governments, OPERATION REGULATIONS with populations of less than 50,000. because it does not have a substantial The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian ■ 1. The authority citation for part 117 605(b) that this rule will not have a tribes, on the relationship between the continues to read as follows: Federal Government and Indian tribes, significant economic impact on a Authority: 33 U.S.C. 499; 33 CFR 1.05–1; substantial number of small entities. or on the distribution of power and responsibilities between the Federal and Department of Homeland Security While some owners or operators of Delegation No. 0170.1. vessels intending to transit the bridge Government and Indian tribes. ■ 2. In § 117.647, add paragraphs (c) and may be small entities, for the reasons E. Unfunded Mandates Reform Act stated in section IV.A above, this final (d) to read as follows: rule would not have a significant The Unfunded Mandates Reform Act § 117.647 Saginaw River. economic impact on any vessel owner of 1995 (2 U.S.C. 1531–1538) requires or operator. Federal agencies to assess the effects of * * * * * Under section 213(a) of the Small their discretionary regulatory actions. In (c) The draw of the CSX railroad Business Regulatory Enforcement particular, the Act addresses actions bridge, mile 18.0, need not be opened Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a for the passage of vessels. The owner we want to assist small entities in State, local, or tribal government, in the shall return the draw to an operable understanding this rule. If the rule aggregate, or by the private sector of condition within a reasonable time would affect your small business, $100,000,000 (adjusted for inflation) or when directed by the District organization, or governmental more in any one year. Though this rule Commander to do so. jurisdiction and you have questions will not result in such an expenditure, (d) The draw of the Grand Trunk concerning its provisions or options for we do discuss the effects of this rule Western railroad bridge, mile 19.2, need compliance, please contact the person elsewhere in this preamble. not be opened for the passage of vessels.

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Dated: February 10, 2016. DATES: This rule is effective on April 4, Maricopa Association of Governments’ J.E. Ryan, 2016. (MAG) plan titled ‘‘MAG 2013 Carbon Rear Admiral, U. S. Coast Guard, ADDRESSES: The EPA has established Monoxide Maintenance Plan for the Commander, Ninth Coast Guard District. docket number EPA–R09–OAR–2015– Maricopa County Area’’ (hereinafter, [FR Doc. 2016–04743 Filed 3–2–16; 8:45 am] 0645 for this action. Generally, ‘‘2013 Maintenance Plan’’) into the BILLING CODE 9110–04–P documents in the docket for this action Arizona SIP. are available electronically at http:// We also proposed to find adequate www.regulations.gov or in hard copy at and to approve into the SIP the CO EPA Region IX, 75 Hawthorne Street, ENVIRONMENTAL PROTECTION San Francisco, California 94105–3901. MVEB for the year 2025 and beyond. AGENCY While all documents in the docket are We proposed to approve this plan and the CO MVEB because we determined 40 CFR Part 52 listed at http://www.regulations.gov, some information may be publicly that they complied with the relevant [EPA–R09–OAR–2015–0645; FRL–9942–17– available only at the hard copy location CAA requirements. Our proposed action Region 9] (e.g., copyrighted material, large maps, contains more information on the plan multi-volume reports), and some may and MVEB and our evaluation. Approval of Arizona Air Plan not be available in either location (e.g., Revisions; Phoenix, Arizona; Second confidential business information II. Public Comments and EPA 10-Year Carbon Monoxide Maintenance (CBI)). To inspect the hard copy Responses Plan materials, please schedule an The EPA’s proposed action provided appointment during normal business AGENCY: Environmental Protection a 30-day public comment period. During hours with the contact listed in the FOR Agency (EPA). this period, we received no comments. FURTHER INFORMATION CONTACT section. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: John III. EPA Action SUMMARY: The Environmental Protection Kelly, EPA Region IX, (415) 947–4151, [email protected]. No comments were submitted. Agency (EPA) is taking final action to Therefore, as authorized in section approve a revision to the Arizona State SUPPLEMENTARY INFORMATION: 110(k)(3) of the Act, the EPA is fully Implementation Plan (SIP). This Throughout this document, ‘‘we,’’ ‘‘us’’ approving this plan into the Arizona revision is the second ten-year and ‘‘our’’ refer to the EPA. SIP. The EPA is also finding adequate maintenance plan for carbon monoxide Table of Contents (CO) for the Phoenix metropolitan area and approving the motor vehicle in Maricopa County, Arizona. We are I. Proposed Action emissions budgets in the plan (see Table also finding adequate and approving II. Public Comments and EPA Responses 1) because we find they meet the III. EPA Action applicable transportation conformity transportation conformity motor vehicle IV. Statutory and Executive Order Reviews emissions budgets (MVEB) for the year requirements under 40 CFR 93.118(e). 2025 and beyond. We are taking these I. Proposed Action Table 1 shows the approved and actions under the Clean Air Act (CAA On October 19, 2015 (80 FR 63185), previously approved MVEBs for the or the Act). the EPA proposed to approve the Phoenix CO Maintenance Area.

TABLE 1—APPROVED AND PREVIOUSLY APPROVED TRANSPORTATION CONFORMITY MOTOR VEHICLE EMISSIONS BUDGETS FOR THE PHOENIX CO MAINTENANCE AREA, IN METRIC TONS PER DAY (MTPD)

Previously Previously approved approved Approved

Year ...... 2006 2015 2025

CO MVEB ...... 699.7 662.9 559.4

IV. Statutory and Executive Order Executive Orders 12866 (58 FR 51735, Order 13132 (64 FR 43255, August 10, Reviews October 4, 1993) and 13563 (76 FR 3821, 1999); • Under the CAA, the Administrator is January 21, 2011); is not an economically significant • required to approve a SIP submission does not impose an information regulatory action based on health or that complies with the provisions of the collection burden under the provisions safety risks subject to Executive Order Act and applicable federal regulations. of the Paperwork Reduction Act (44 13045 (62 FR 19885, April 23, 1997); 42 U.S.C. 7410(k); 40 CFR 52.02(a). U.S.C. 3501 et seq.); • is not a significant regulatory action Thus, in reviewing SIP submissions, the • is certified as not having a subject to Executive Order 13211 (66 FR EPA’s role is to approve state choices, significant economic impact on a 28355, May 22, 2001); provided that they meet the criteria of substantial number of small entities • is not subject to requirements of the Act. Accordingly, this action merely under the Regulatory Flexibility Act (5 Section 12(d) of the National approves state law as meeting federal U.S.C. 601 et seq.); Technology Transfer and Advancement requirements and does not impose • does not contain any unfunded Act of 1995 (15 U.S.C. 272 note) because additional requirements beyond those mandate or significantly or uniquely application of those requirements would imposed by state law. For that reason, affect small governments, as described be inconsistent with the Clean Air Act; this action: in the Unfunded Mandates Reform Act and • Is not a significant regulatory action of 1995 (Pub. L. 104–4); • does not provide the EPA with the subject to review by the Office of • does not have Federalism discretionary authority to address, as Management and Budget under implications as specified in Executive appropriate, disproportionate human

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health or environmental effects, using PART 52—APPROVAL AND in accordance with the instructions practicable and legally permissible PROMULGATION OF provided in 40 CFR part 178 (see also methods, under Executive Order 12898 IMPLEMENTATION PLANS Unit I.C. of the SUPPLEMENTARY (59 FR 7629, February 16, 1994). INFORMATION). ■ 1. The authority citation for part 52 In addition, the SIP is not approved continues to read as follows: ADDRESSES: The docket for this action, to apply on any Indian reservation land identified by docket identification (ID) Authority: 42 U.S.C. 7401 et seq. or in any other area where the EPA or number EPA–HQ–OPP–2015–0475, is an Indian tribe has demonstrated that a Subpart D—Arizona available at http://www.regulations.gov tribe has jurisdiction. In those areas of or at the Office of Pesticide Programs Indian country, the rule does not have ■ 2. Section 52.120 is amended by Regulatory Public Docket (OPP Docket) tribal implications and will not impose adding paragraph (c)(173) to read as in the Environmental Protection Agency substantial direct costs on tribal follows: Docket Center (EPA/DC), West William governments or preempt tribal law as Jefferson Clinton Bldg., Rm. 3334, 1301 specified by Executive Order 13175 (65 § 52.120 Identification of plan. Constitution Ave. NW., Washington, DC FR 67249, November 9, 2000). * * * * * 20460–0001. The Public Reading Room The Congressional Review Act, 5 (c) * * * is open from 8:30 a.m. to 4:30 p.m., U.S.C. 801 et seq., as added by the Small (173) The following plan was Monday through Friday, excluding legal Business Regulatory Enforcement submitted on April 2, 2013 by the holidays. The telephone number for the Fairness Act of 1996, generally provides Governor’s designee. Public Reading Room is (202) 566–1744, that before a rule may take effect, the (i) [RESERVED]. and the telephone number for the OPP agency promulgating the rule must (ii) Additional materials. Docket is (703) 305–5805. Please review submit a rule report, which includes a (A) Arizona Department of the visitor instructions and additional copy of the rule, to each House of the Environmental Quality. information about the docket available Congress and to the Comptroller General (1) MAG 2013 Carbon Monoxide at http://www.epa.gov/dockets. Maintenance Plan for the Maricopa of the United States. The EPA will FOR FURTHER INFORMATION CONTACT: submit a report containing this action County Area, adopted by the Maricopa Association of Governments on March Susan T. Lewis, Registration Division and other required information to the (7505P), Office of Pesticide Programs, U.S. Senate, the U.S. House of 27, 2013. * * * * * Environmental Protection Agency, 1200 Representatives, and the Comptroller Pennsylvania Ave. NW., Washington, General of the United States prior to [FR Doc. 2016–04614 Filed 3–2–16; 8:45 am] BILLING CODE 6560–50–P DC 20460–0001; main telephone publication of the rule in the Federal number: (703) 305–7090; email address: Register. A major rule cannot take effect [email protected]. until 60 days after it is published in the ENVIRONMENTAL PROTECTION Federal Register. This action is not a SUPPLEMENTARY INFORMATION: AGENCY ‘‘major rule’’ as defined by 5 U.S.C. I. General Information 804(2). 40 CFR Part 180 A. Does this action apply to me? Under section 307(b)(1) of the Clean [EPA–HQ–OPP–2015–0475; FRL–9942–10] Air Act, petitions for judicial review of You may be potentially affected by this action must be filed in the United Fluensulfone; Pesticide Tolerance for this action if you are an agricultural States Court of Appeals for the Emergency Exemption producer, food manufacturer, or appropriate circuit by May 2, 2016. pesticide manufacturer. The following AGENCY: Environmental Protection Filing a petition for reconsideration by list of North American Industrial Agency (EPA). the Administrator of this final rule does Classification System (NAICS) codes is not affect the finality of this action for ACTION: Final rule. not intended to be exhaustive, but rather the purposes of judicial review nor does SUMMARY: This regulation establishes a provides a guide to help readers it extend the time within which a determine whether this document petition for judicial review may be filed, time-limited tolerance for residues of fluensulfone, measured as 3,4,4- applies to them. Potentially affected and shall not postpone the effectiveness entities may include: of such rule or action. This action may trifluoro-but-3-ene-1-sulfonic acid, • Crop production (NAICS code 111). not be challenged later in proceedings to resulting from use of fluensulfone in or enforce its requirements (see section on carrots in accordance with the terms • Animal production (NAICS code 307(b)(2)). of an emergency exemption issued 112). under section 18 of the Federal • List of Subjects in 40 CFR Part 52 Insecticide, Fungicide, and Rodenticide Food manufacturing (NAICS code Act (FIFRA). This action is in response 311). Environmental protection, Air to the issuance of a crisis emergency • Pesticide manufacturing (NAICS pollution control, Carbon monoxide, exemption under FIFRA section 18 code 32532). Incorporation by reference, authorizing use of the pesticide on B. How can I get electronic access to Intergovernmental relations, Reporting carrots. This regulation establishes a other related information? and recordkeeping requirements. maximum permissible level for residues Dated: January 25, 2016. of fluensulfone in or on carrots. The You may access a frequently updated Jared Blumenfeld, time-limited tolerance expires on electronic version of 40 CFR part 180 December 31, 2017. Regional Administrator, Region IX. through the Government Printing DATES: This regulation is effective Office’s e-CFR site at http:// Part 52, Chapter I, Title 40 of the Code March 3, 2016. Objections and requests www.ecfr.gov/cgi-bin/text- of Federal Regulations is amended as for hearings must be received on or idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ follows: before May 2, 2016, and must be filed 40tab_02.tpl.

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C. How can I file an objection or hearing Canadian or Codex MRLs for residues of existed in accordance with the criteria request? fluensulfone in or on carrot at this time. for approval of an emergency Under section 408(g) of the Federal International harmonization is not an exemption, and utilized a crisis Food, Drug, and Cosmetic Act (FFDCA), issue for this emergency exemption. exemption under FIFRA section 18 to 21 U.S.C. 346a, any person may file an This time-limited tolerance expires on allow the use of fluensulfone on carrots objection to any aspect of this regulation December 31, 2017. to control plant-parasitic nematodes in Section 408(l)(6) of FFDCA requires and may also request a hearing on those carrot fields in Michigan. The Michigan EPA to establish a time-limited Department of Agriculture and Rural objections. You must file your objection tolerance or exemption from the Development invoked the crisis or request a hearing on this regulation requirement for a tolerance for pesticide exemption provision on April 14, 2015. in accordance with the instructions chemical residues in food that will After having reviewed the submission, provided in 40 CFR part 178. To ensure result from the use of a pesticide under EPA concurred on the emergency action proper receipt by EPA, you must an emergency exemption granted by in order to meet the needs of Michigan identify docket ID number EPA–HQ– EPA under FIFRA section 18. Such carrot growers who faced significant OPP–2015–0475 in the subject line on tolerances can be established without economic loss. The crisis exemption the first page of your submission. All providing notice or period for public program expired on June 15, 2015. objections and requests for a hearing comment. EPA does not intend for its As part of its evaluation of the must be in writing, and must be actions on FIFRA section 18 related Michigan crisis exemption, EPA received by the Hearing Clerk on or time-limited tolerances to set binding assessed the potential risks presented by before May 2, 2016. Addresses for mail precedents for the application of FFDCA residues of fluensulfone in or on carrots. and hand delivery of objections and section 408 and the safety standard to In doing so, EPA considered the safety hearing requests are provided in 40 CFR other tolerances and exemptions. standard in FFDCA section 408(b)(2), 178.25(b). Section 408(e) of FFDCA allows EPA to and EPA decided that the necessary In addition to filing an objection or establish a tolerance or an exemption time-limited tolerance under FFDCA hearing request with the Hearing Clerk from the requirement of a tolerance on section 408(l)(6) would be consistent as described in 40 CFR part 178, please its own initiative, i.e., without having with the safety standard and with submit a copy of the filing (excluding received any petition from an outside FIFRA section 18. Consistent with the any Confidential Business Information party. need to move quickly on the emergency (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(i) of FFDCA exemption in order to address an urgent Information not marked confidential allows EPA to establish a time-limited non-routine situation and to ensure that pursuant to 40 CFR part 2 may be tolerance (the legal limit for a pesticide the resulting food is safe and lawful, disclosed publicly by EPA without prior chemical residue in or on a food) only EPA is issuing this time-limited notice. Submit the non-CBI copy of your if EPA determines that the tolerance is tolerance without notice and objection or hearing request, identified ‘‘safe.’’ Section 408(b)(2)(A)(ii) of opportunity for public comment as by docket ID number EPA–HQ–OPP– FFDCA defines ‘‘safe’’ to mean that provided in FFDCA section 408(l)(6). 2015–0475 by one of the following ‘‘there is a reasonable certainty that no Although this time-limited tolerance methods: harm will result from aggregate expires on December 31, 2017, under • Federal eRulemaking Portal: http:// exposure to the pesticide chemical FFDCA section 408(l)(5), residues of the www.regulations.gov. Follow the online residue, including all anticipated pesticide not in excess of the amounts instructions for submitting comments. dietary exposures and all other specified in the tolerance remaining in Do not submit electronically any exposures for which there is reliable or on carrots after that date will not be information you consider to be CBI or information.’’ This includes exposure unlawful, provided the pesticide was other information whose disclosure is through drinking water and in applied in a manner that was lawful restricted by statute. residential settings, but does not include under FIFRA, and the residues do not • Mail: OPP Docket, Environmental occupational exposure. Section exceed a level that was authorized by Protection Agency Docket Center (EPA/ 408(b)(2)(C) of FFDCA requires EPA to this time-limited tolerance at the time of DC), (28221T), 1200 Pennsylvania Ave. give special consideration to exposure that application. EPA will take action to NW., Washington, DC 20460–0001. of infants and children to the pesticide revoke this time-limited tolerance • Hand Delivery: To make special chemical residue in establishing a earlier if any experience with, scientific arrangements for hand delivery or tolerance and to ‘‘ensure that there is a data on, or other relevant information delivery of boxed information, please reasonable certainty that no harm will on this pesticide indicate that the follow the instructions at http:// result to infants and children from residues are not safe. www.epa.gov/dockets/contacts.html. aggregate exposure to the pesticide Because this time-limited tolerance is Additional instructions on commenting chemical residue . . . .’’ being approved under emergency or visiting the docket, along with more Section 18 of FIFRA authorizes EPA conditions, EPA has not made any information about dockets generally, is to exempt any Federal or State agency decisions about whether fluensulfone available at http://www.epa.gov/ from any provision of FIFRA, if EPA meets FIFRA’s registration requirements dockets. determines that ‘‘emergency conditions for use on carrots or whether permanent tolerances for this use would be II. Background and Statutory Findings exist which require such exemption.’’ EPA has established regulations appropriate. Under these circumstances, EPA, on its own initiative, in governing such emergency exemptions EPA does not believe that this time- accordance with FFDCA sections 408(e) in 40 CFR part 166. limited tolerance decision serves as a and 408(l)(6), 21 U.S.C. 346a(e) and basis for registration of fluensulfone by 346a(1)(6), is establishing a time-limited III. Emergency Exemption for a State for special local needs under tolerance for residues of fluensulfone, to Fluensulfone on Carrots and FFDCA FIFRA section 24(c). Nor does this time- be enforced by measuring only the Tolerances limited tolerance by itself serve as the metabolite 3,4,4-trifluoro-but-3-ene-1- The Michigan Department of authority for persons in any State other sulfonic acid, in or on carrots at 2.0 Agriculture and Rural Development than Michigan to use this pesticide on parts per million (ppm). There are no asserted that an emergency condition the applicable crops under FIFRA

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section 18 absent the issuance of an on residues of the parent compound The Codex Alimentarius is a joint emergency exemption applicable within only. Therefore, EPA relies upon those United Nations Food and Agriculture that State. For additional information supporting risk assessments and the Organization/World Health regarding the crisis exemption for findings made in the September 24, Organization food standards program, fluensulfone, contact the Agency’s 2014 Federal Register document, as and it is recognized as an international Registration Division at the address well as an updated dietary exposure and food safety standards-setting provided under FOR FURTHER risk assessment on carrots. EPA organization in trade agreements to INFORMATION CONTACT. concludes that there is a reasonable which the United States is a party. EPA certainty that no harm will result to the may establish a tolerance that is IV. Aggregate Risk Assessment and general population, or to infants and different from a Codex MRL; however, Determination of Safety children from aggregate exposure to FFDCA section 408(b)(4) requires that Section 408(b)(2)(A)(i) of FFDCA fluensulfone residues. EPA explain the reasons for departing allows EPA to establish a tolerance (the A summary of the toxicological from the Codex level. legal limit for a pesticide chemical endpoints for fluensulfone used for The Codex has not established a MRL residue in or on a food) only if EPA human risk assessment were previously for fluensulfone or 3,4,4-trifluoro-but-3- determines that the tolerance is ‘‘safe.’’ described in a final rule published in ene-1-sulfonic acid, in or on carrot. Section 408(b)(2)(A)(ii) of FFDCA the Federal Register of September 24, VI. Conclusion defines ‘‘safe’’ to mean that ‘‘there is a 2014 (79 FR 56964) (FRL–9914–35). reasonable certainty that no harm will Please refer to this Federal Register Therefore, a time-limited tolerance is result from aggregate exposure to the document and its supporting established for residues of fluensulfone, pesticide chemical residue, including documents, available at http:// measured as 3,4,4-trifluoro-but-3-ene-1- all anticipated dietary exposures and all www.regulations.gov in docket ID sulfonic acid, in or on carrots at 2.0 other exposures for which there is number EPA–HQ–OPP–2012–0593 for a ppm. This tolerance expires on reliable information.’’ This includes detailed discussion of the aggregate risk December 31, 2017. exposure through drinking water and in assessments and determination of safety VII. Statutory and Executive Order residential settings, but does not include for the proposed time-limited tolerance Reviews occupational exposure. Section for residues of fluensulfone on carrots at 408(b)(2)(C) of FFDCA requires EPA to 2.0 parts per million (ppm) when This action establishes tolerances give special consideration to exposure measured as 3,4,4-trifluoro-but-3-ene-1- under FFDCA sections 408(e) and of infants and children to the pesticide sulfonic acid. 408(l)(6). The Office of Management and chemical residue in establishing a Budget (OMB) has exempted these types tolerance and to ‘‘ensure that there is a V. Analytical Enforcement Methodology of actions from review under Executive reasonable certainty that no harm will An analytic method suitable for Order 12866, entitled ‘‘Regulatory result to infants and children from enforcement purposes has been Planning and Review’’ (58 FR 51735, aggregate exposure to the pesticide approved by the Agency. That same October 4, 1993). Because this action chemical residue . . . .’’ method was used in the field trials for has been exempted from review under Consistent with the factors specified carrot and was shown to be appropriate Executive Order 12866, this action is in FFDCA section 408(b)(2)(D), EPA has for that crop. The method has an LOQ, not subject to Executive Order 13211, reviewed the available scientific data defined as the lower limit of method entitled ‘‘Actions Concerning and other relevant information in validation, of 0.01 ppm of 3,4,4- Regulations That Significantly Affect support of this action. EPA has trifluoro-but-3-ene-1-sulfonic acid. For Energy Supply, Distribution, or Use’’ (66 sufficient data to assess the hazards of carrot, the method has a calculated LOQ FR 28355, May 22, 2001) or Executive and to make a determination on of 0.005 ppm of 3,4,4-trifluoro-but-3- Order 13045, entitled ‘‘Protection of aggregate exposure expected as a result ene-1-sulfonic acid. Adequate Children from Environmental Health of the crisis exemption and this time- enforcement methodology, a reverse- Risks and Safety Risks’’ (62 FR 19885, limited tolerance for residues of phase high performance liquid April 23, 1997). This action does not fluensulfone on carrots at 2.0 parts per chromatography with dual mass contain any information collections million (ppm), measured as 3,4,4- spectrometry/mass spectrometry subject to OMB approval under the trifluoro-but-3-ene-1-sulfonic acid. (HPLC–MS/MS), is available to enforce Paperwork Reduction Act (PRA), 44 EPA’s assessment of exposures and risks the tolerance expression. U.S.C. 3501 et seq., nor does it require associated with establishing a time- The method may be requested from: any special considerations under limited tolerance follows. Chief, Analytical Chemistry Branch, Executive Order 12898, entitled The Agency assessed the use of the Environmental Science Center, 701 ‘‘Federal Actions to Address fluensulfone use on carrots based on a Mapes Rd., Ft. Meade, MD 20755–5350; Environmental Justice in Minority 0.50 ppm residue level of the parent telephone number: (410) 305–2905; Populations and Low-Income compound, which is the residue of email address: residuemethods@ Populations’’ (59 FR 7629, February 16, concern for purposes of risk assessment epa.gov. 1994). on carrots (i.e., 100% crop treated) and Since tolerances and exemptions that determined that there would be no International Residue Limits are established in accordance with resulting change in the estimates from In making its tolerance decisions, EPA FFDCA sections 408(e) and 408(l)(6), the previous risk assessment for the seeks to harmonize U.S. tolerances with such as the tolerances in this final rule, chemical. Since the publication of the international standards whenever do not require the issuance of a September 24, 2014 final rule, the possible, consistent with U.S. food proposed rule, the requirements of the toxicity profile of fluensulfone has not safety standards and agricultural Regulatory Flexibility Act (RFA) (5 changed, and the risk assessments that practices. EPA considers the U.S.C. 601 et seq.) do not apply. supported the establishment of those international maximum residue limits This action directly regulates growers, tolerances published in the Federal (MRLs) established by the Codex food processors, food handlers, and food Register remain valid. The dietary risk Alimentarius Commission (Codex), as retailers, not States or tribes, nor does assessments for fluensulfone are based required by FFDCA section 408(b)(4). this action alter the relationships or

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distribution of power and § 180.680 Fluensulfone; tolerances for regulations. Since that time, in order to responsibilities established by Congress residues. maintain the independence of the Office in the preemption provisions of FFDCA * * * * * of Inspector General (OIG), the section 408(n)(4). As such, the Agency (b) Section 18 emergency exemptions. Department and the OIG have agreed to has determined that this action will not Time-limited tolerances specified in the authorize the OIG to process their own have a substantial direct effect on States following table are established for FOIA appeals. Additionally, the or tribal governments, on the residues of the nematicide fluensulfone, Department has recently migrated its relationship between the national including its metabolites and Web site to a new framework, leading to government and the States or tribal degradates, in or on the commodities in updated links. Finally, the Department governments, or on the distribution of the table below, resulting from use of has received feedback from its FOIA power and responsibilities among the the pesticide pursuant to FIFRA section practitioners and requesters and various levels of government or between 18 emergency exemptions. Compliance identified areas where it is possible to the Federal Government and Indian with the tolerance levels specified further update, clarify, and streamline tribes. Thus, the Agency has determined below is to be determined by measuring the language of some procedural that Executive Order 13132, entitled only 3,4,4-trifluoro-but-3-ene-1-sulfonic provisions. Therefore, the Department is ‘‘Federalism’’ (64 FR 43255, August 10, acid. The tolerances expire on the date making the following changes: 1999) and Executive Order 13175, specified in the table. • Section 2.1(e) is amended to entitled ‘‘Consultation and Coordination identify the regulations applicable to with Indian Tribal Governments’’ (65 FR Commodity Parts per Expiration Privacy Act requests. 67249, November 9, 2000) do not apply million date • Section 2.5(d) is amended to provide more guidance on what to this action. In addition, this action Carrot ...... 2.0 12/31/17 does not impose any enforceable duty or happens when a request does not reasonably describe the records sought. contain any unfunded mandate as * * * * * • Portions of § 2.6 are amended to described under Title II of the Unfunded [FR Doc. 2016–04757 Filed 3–2–16; 8:45 am] make explicit that a fee waiver request Mandates Reform Act (UMRA) (2 U.S.C. BILLING CODE 6560–50–P 1501 et seq.). is a valid way of responding to a request for additional fee information and that This action does not involve any requesters may inform bureaus why technical standards that would require DEPARTMENT OF THE INTERIOR they believe they are eligible for Agency consideration of voluntary discretionary fee waivers, and to consensus standards pursuant to section Office of the Secretary emphasize when fee issues must be 12(d) of the National Technology resolved before processing will begin. Transfer and Advancement Act 43 CFR Part 2 • A sentence is added to § 2.8(a) to (NTTAA) (15 U.S.C. 272 note). [13XD4523WS DS10200000 require a bureau that cannot readily VIII. Congressional Review Act DWSN00000.000000 WBS DP10202] reproduce the requested record in the RIN 1093–AA19 form or format requested to explain why Pursuant to the Congressional Review it cannot. Act (5 U.S.C. 801 et seq.), EPA will Freedom of Information Act • Section 2.9(b) is amended to submit a report containing this rule and Regulations remove a superfluous introductory other required information to the U.S. phrase. Senate, the U.S. House of AGENCY: Office of the Secretary, Interior. • Section 2.10 is amended to Representatives, and the Comptroller ACTION: Final rule. highlight the requirements a requester General of the United States prior to seeking expedited processing must meet SUMMARY: publication of the rule in the Federal This rule revises the and the consequences of not meeting Register. This action is not a ‘‘major regulations that the Department of the those requirements. rule’’ as defined by 5 U.S.C. 804(2). Interior (Department) follows in • Section 2.11 is amended to reduce processing records under the Freedom List of Subjects in 40 CFR Part 180 the suggested contact information of Information Act. The revisions clarify provided by requesters. Environmental protection, and update procedures for requesting • Section 2.12(c) is amended to Administrative practice and procedure, information from the Department and emphasize that reasonable efforts must Agricultural commodities, Pesticides procedures that the Department follows be made to search for requested records and pests, Reporting and recordkeeping in responding to requests from the and to clarify when searching for requirements. public. requested records in electronic form or Dated: February 25, 2016. DATES: This rule is effective on April 4, format will not occur. • A sentence is added to § 2.15(e) to Susan Lewis, 2016. FOR FURTHER INFORMATION CONTACT: require bureaus to provide more Director, Registration Division, Office of information to requesters when placing Pesticide Programs. Cindy Cafaro, Office of the Executive Secretariat and Regulatory Affairs, 202– them in a different processing track than Therefore, 40 CFR chapter I is 208–5342. requested. • Section 2.16(a) is amended to amended as follows: SUPPLEMENTARY INFORMATION: clarify and streamline discussion of PART 180—[AMENDED] I. Why We’re Publishing This Rule and when the time period for responding to What it Does a request begins and ends. ■ 1. The authority citation for part 180 • The introductory language of A. Introduction continues to read as follows: § 2.19(a) is amended to clarify when Authority: 21 U.S.C. 321(q), 346a and 371. In late 2012, the Department bureaus may extend the basic time limit. published a final rule updating and • Portions of § 2.20 are amended to ■ 2. In § 180.680, revise paragraph (b) to replacing the Department’s previous make explicit that expedited processing read as follows: Freedom of Information Act (FOIA) requests are only appropriate before the

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bureau issues its final response; to services a requester might have to pay period ending on November 30, 2015. require bureaus to provide more for. All comments received were considered information to requesters when denying • The introductory language of in drafting this final rule. expedited processing requests; and to §§ 2.45(a) and 2.48(a) is amended to B. Discussion of Comments clarify that the portion of an appeal that clarify what a requester must relates to an expedited processing demonstrate to be entitled to a fee Four commenters responded to the denial, rather than the entire appeal, waiver. invitation for comments, including one will be processed ahead of other • Section 2.46(b) is amended to commenter from a subcomponent of a appeals. clarify when fee waiver requests may be Federal agency and three commenters • Section 2.22(c) and (d) is amended made. from non-Federal sources. Two of these to clarify when records may be released • Minor grammatical changes are commenters offered some substantive to requesters. made to § 2.47(a), (c), and (d) to allow suggestions on specific existing • Section 2.23(a)(3) is amended to a new § 2.47(e) to increase clarity and provisions of the rule that are not being add a clarifying phrase. require bureaus to provide the requester amended; these suggestions are outside • Section 2.24(b) is amended and with notice of anticipated fees when the scope of this rulemaking and are not expanded to require bureaus to provide denying a request for a fee waiver. addressed below. While most of the more information to requesters in denial • Section 2.48(a)(2)(v) is amended to commenters generally supported the notifications. note that representatives of the news proposed changes (and one • Section 2.25(c) is amended to media will be presumed to have the ‘‘applaud[ed]’’ certain existing clarify what information must be ability and intent to disseminate the provisions), they identified twelve provided to requesters, and where, requested information to a reasonably specific issues or recommendations when portions of responsive records broad audience of persons interested in related to the proposed rule, which the have been deleted. the subject. Department addressed as follows: • Section 2.26 and § 2.27(a) are • Section 2.49(c) is amended to allow amended to provide more information requesters more flexibility in resolving The Final Rule Should Only Allow on when submitter notification is fee issues. Requests for Clarification To Be Sent by required. • Portions of § 2.50 are amended to Email or Registered Mail • One word in § 2.27(b) is replaced to clarify discussion of advance payments. One commenter suggested that more closely track the language of • Section 2.51(b)(1), (b)(2), (b)(3), and § 2.5(d) be amended to require requests Executive Order No. 12600, (52 FR (c) are amended to ensure consistent for clarification be sent only via email 23781, published June 23, 1987). phrasing and to include minor, or registered mail so the agency can • Section 2.28(a) is amended to clarifying additions. ‘‘satisfy itself that the request for clarify that a general description of the • Section 2.57(a)(5) and (a)(6) are additional material that was sent was request would suffice for submitter amended to include minor, clarifying actually received.’’ The Department has notices published under § 2.27(b). additions. not adopted this suggestion as it is • Section 2.31(a)(1) and (2) are • Section 2.60 is amended to reflect satisfied with the current flexibility in amended to clarify the information a that the FOIA Appeals Officer would no this area and does not want to create submitter must provide when objecting longer be the deciding official for FOIA additional expenses and inflexibility. to the release of responsive information appeals arising from OIG FOIA The Final Rule Should Specify under Exemption 4. responses, and small portions of • Section 2.37(g) is added and §§ 2.20(c), 2.24(b)(5), 2.47(d), 2.62, and Response Deadlines for Responding to § 2.49(a)(1) is amended so the concept 2.63 would also be amended to reflect Requests for More Information on the that requesters generally will not be this change. Records Sought charged if the fee for processing their • Section 2.62 is streamlined to One commenter suggested that request is less than $50 is introduced follow the requirements of FOIA more § 2.5(d) ‘‘should clarify whether the sooner. closely. requester’s 20-workday response • Section 2.37(h) is added to make • Section 2.66 is amended to provide deadline runs from the date of the the consequences of failure to pay bills more information on the role played by Department’s notice or from the date for FOIA-related fees explicit. FOIA Public Liaisons. that the requester actually receives the • Section 2.37(i) is added to notify • Section 2.68 is amended to reflect Department’s notice.’’ We agree and requesters they can seek assistance, the new schedule number resulting from have modified our edits to this section when considering reformulating their the National Archives and Records accordingly and have made analogous request to meet their needs at a lower Administration’s recent update to the edits and clarifications to §§ 2.49(c), cost, from the bureau’s designated FOIA General Records Schedule pertaining to 2.51(b)(1), 2.51(b)(2), 2.51(b)(3), and contact or FOIA Public Liaison. FOIA records and to add a reference to 2.51(c). • A sentence is added to § 2.38(b) to the Department’s Record Schedule The Final Rule Should Add New require bureaus to provide more pertaining to FOIA records. Information About How Fee Information information to requesters when placing • A word is added to the definition of Affects the Processing of Requests them in a different fee category than ‘‘multitrack processing’’ in Section 2.70 requested. to ensure it is consistent with Section One commenter suggested § 2.6(e) • Section 2.39 is amended to replace 2.14. include a statement that ‘‘A denial of one word for the sake of grammatical • Sections 2.1(d), 2.1(g), 2.3(c), your waiver request and/or the amount consistency. 2.21(a), 2.41(c), 2.59(a), 2.65, and 2.70 you are willing to pay, will result in an • Section 2.42(d) is amended to are amended to reflect updated Web site automatic truncation of the process to further discuss the impact of requester links. comply with your FOIA request.’’ We do preferences for paper and/or electronic On September 30, 2015, the not agree with this statement, as it is not formats. Department published a proposed rule always true, and therefore have not • Section 2.44(b) is amended to in the Federal Register (80 FR 58663) adopted this suggestion. Another provide different examples of special and requested comments over a 60-day commenter suggested the Department

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revisit § 2.6(e) and provided examples of specific category can be appealed. Our payment and we make no presumptions Department of Justice guidance on fee proposed modifications to § 2.57(a)(5) about a requester will be able to afford issues from 1983 and 2013. In response already do this very thing, so we decline the advance payment. to this comment, the Department to adopt this change. No Rule Should ‘‘Deny an Individual reviewed both the suggested guidance The Final Rule Should Clarify What From Obtaining Personal Information and the Department of Justice’s FOIA Fees for Other Services Requesters Will About Themselves’’ regulations (amended in 2015) and Not Have To Pay added clarifying information to § 2.6(e) One commenter’s entire comment consistent with the Department of Two commenters had suggestions was: ‘‘There must be no rules created Justice’s FOIA regulations. concerning § 2.44(b). One commenter that will deny an individual from suggested noting that ‘‘conducting a obtaining personal information about The Final Rule Should Include search that requires the creation of a themselves.’’ No changes have been Additional Language Related to new computer search program’’ does not made to the rule based on this general Expedited Processing and Fees include extracting and compiling the statement. One commenter suggested adding data from an existing database using a language to §§ 2.10 and 2.20 explicitly query. As the rule is explicit that it C. Technical and Procedural Comments stating that expedited requests do not applies only to locating records, we One commenter noted National incur additional fees. We understand have not adopted this suggestion. Archives and Records Administration’s the point of this suggestion, but feel it Another commenter suggested that this recent update to the General Records would not add clarity to the rule, provision explicitly exclude fees Schedule pertaining to FOIA records especially as there is nothing in any covered under § 2.42(d). As this section resulted in a new schedule number. We section of the regulations that indicates applies to requests for records in forms have confirmed this and § 2.68 has been making such a request would incur or formats that we don’t already amended accordingly. Additionally, we additional fees. maintain, we have not adopted this have slightly amended § 2.25(c) to more suggestion. closely track the language of the FOIA The Final Rule Should Explicitly Solicit itself. Additionally, the Department Cellphone Numbers The Final Rule Should Not Be Vague made very minor clarifications in One commenter suggested adding a One commenter stated § 2.46(b) was §§ 2.6(d), 2.11, 2.20(g), 2.48(b), and 2.60. specific reference to cellphone numbers ‘‘vague’’ and wondered: ‘‘How can one In the interests of clarity and to § 2.11. The Department has not know when the bureau has not consistency, the Department also added adopted this suggestion. The existing completed processing a request? There phrases to the introductory text of reference to ‘‘daytime telephone should be a specific period (no of days), § 2.6(b), a sentence to § 2.6(d), phrases numbers’’ that encompasses, but does after which it is reasonable to expect to § 2.10, and phrases to §§ 2.48(a)(2)(v) not require, cellphone numbers, is that the agency is complying with the and 2.48(b). Also in the interests of sufficient. request, and therefore a fee waiver clarity and consistency, the Department request would be too late. In such a added and deleted phrases from §§ 2.26, The Final Rule Should Be Fair to the situation, if without a fee waiver the Requester 2.27(a), and 2.47(d). Finally, upon requester would opt for the request to be further consideration, the Department One commenter suggested that the stopped, then there would not have has decided against amending § 2.50(a) last sentence of § 2.12(c) ‘‘is not fair to been any man-hours already expended and (b). the requester’’ and suggests it will be on fulfilling the request.’’ This used in bad faith. The language in commenter therefore suggested § 2.46(b) II. Compliance With Laws and question is drawn from the Freedom of should include ‘‘a specific period (no of Executive Orders Information Act itself, and we believe it days), after which it is reasonable to 1. Regulatory Planning and Review is fair; therefore this language has not expect that the agency is complying (Executive Orders 12866 and 13563) been changed. with the request and therefore a fee waiver request would be too late.’’ We Executive Order (E.O) 12866 provides The Final Rule Should Add a Reference believe that § 2.46(b) is not vague and that the Office of Information and to FOIA Public Liaisons to the Section provides requesters with as much Regulatory Affairs will review all on Basic Time Limits flexibility in providing fee waiver significant rules. The Office of One commenter suggested adding requests as possible. We therefore Information and Regulatory Affairs has information on seeking estimated decline to adopt this change, as it would determined that this rule is not completion dates from FOIA Public negatively affect future requesters. significant. Liaisons to § 2.16(a), which explains the Executive Order 13563 reaffirms the The Final Rule Should Limit basic concept of basic time limits for principles of E.O. 12866 while calling Modifications of Requests Related to responding to requests. This suggestion for improvements in the nation’s Advanced Fees does not seem to fit in this provision regulatory system to promote and would be confusing. We therefore One commenter suggested appending predictability, to reduce uncertainty, decline to adopt it. Another commenter ‘‘if you deem the adjudged fee to be and to use the best, most innovative, suggested that the language in § 2.16(a) beyond your means’’ at the end of and least burdensome tools for was imprecise. We have carefully § 2.50(c) because someone might reach achieving regulatory ends. The considered this suggestion, but believe some conclusion ‘‘that once an advance executive order directs agencies to the existing language is clear. payment requirement is determined, consider regulatory approaches that then it follows that the requester is reduce burdens and maintain flexibility The Final Rule’s Requester Fee Category presumed unable to afford it.’’ We and freedom of choice for the public Discussion Should Discuss Appeals decline to adopt this change; we have where these approaches are relevant, One commenter suggested § 2.38(b) deliberately given requesters the feasible, and consistent with regulatory specifically discuss whether the opportunity to modify their request objectives. E.O. 13563 emphasizes decision that the requester belongs in a even if they could pay the advance further that regulations must be based

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on the best available science and that relationship between the Federal and List of Subjects in 43 CFR Part 2 the rulemaking process must allow for state governments. A federalism Freedom of information. public participation and an open summary impact statement is not exchange of ideas. We have developed required. Kristen J. Sarri, this rule in a manner consistent with Principal Deputy Assistant Secretary for these requirements. 7. Civil Justice Reform (E.O. 12988) Policy, Management, and Budget. 2. Regulatory Flexibility Act In accordance with Executive Order For the reasons stated in the preamble, the Department of the Interior The Department of the Interior 12988, the Office of the Solicitor has determined that this rule does not amends part 2 of title 43 of the Code of certifies that this rule will not have a Federal Regulations as follows: significant economic effect on a unduly burden the judicial system and substantial number of small entities meets the requirements of sections 3(a) PART 2—FREEDOM OF INFORMATION under the Regulatory Flexibility Act (5 and 3(b)(2) of the Executive Order. ACT; RECORDS AND TESTIMONY U.S.C. 601 et seq.). Under the FOIA, 8. Consultation With Indian Tribes (E.O. ■ agencies may recover only the direct 13175) 1. The authority citation for part 2 costs of searching for, reviewing, and continues to read as follows: duplicating the records processed for Under the criteria in Executive Order Authority: 5 U.S.C. 301, 552, 552a, 553; 31 requesters. Thus, fees assessed by the 13175, we have evaluated this rule and U.S.C. 3717; 43 U.S.C. 1460, 1461. Department are nominal. Further, the determined that it has no potential ‘‘small entities’’ that make FOIA effects on federally recognized Indian Subpart A—Introduction requests, as compared with individual tribes. This rule does not have tribal ■ 2. Amend § 2.1: requesters and other requesters, are implications that impose substantial relatively few in number. ■ a. In paragraph (d), the second direct compliance costs on Indian Tribal sentence, by removing the Web site 3. Small Business Regulatory governments. address ‘‘http://www.doi.gov/foia/ Enforcement Fairness Act 9. Paperwork Reduction Act guidance.cfm’’ and adding in its place This is not a major rule under 5 U.S.C. the Web site address ‘‘https:// 804(2), the Small Business Regulatory This rule does not contain www.doi.gov/foia/news/guidance’’; Enforcement Fairness Act. This rule: information collection requirements, ■ b. By revising paragraph (e); and a. Does not have an annual effect on and a submission to the Office of ■ c. In paragraph (g), the first sentence, the economy of $100 million or more. Management and Budget under the by removing the Web site address b. Will not cause a major increase in Paperwork Reduction Act (44 U.S.C. ‘‘http://www.doi.gov/foia/libraries.cfm’’ costs or prices for consumers, 3501 et seq) is not required. We may not and adding in its place the Web site individual industries, Federal, State, or conduct or sponsor, and you are not address ‘‘http://www.doi.gov/foia/ local government agencies, or required to respond to, a collection of libraries’’. geographic regions. information unless it displays a The revision reads as follows: c. Does not have significant adverse currently valid OMB control number. effects on competition, employment, § 2.1 What should you know up front? investment, productivity, innovation, or 10. National Environmental Policy Act * * * * * the ability of U.S.-based enterprises to (e) The Department’s regulations for compete with foreign-based enterprises. This rule does not constitute a major requests made under the Privacy Act of Federal action significantly affecting the 1974, 5 U.S.C. 552a, are located at 4. Unfunded Mandates Reform Act quality of the human environment. A subpart K of this part. This rule does not impose an detailed statement under the National * * * * * unfunded mandate on State, local, or Environmental Policy Act of 1969 tribal governments or the private sector (NEPA) is not required. Pursuant to Subpart B—How To Make a Request of more than $100 million per year. This Department Manual 516 DM 2.3A(2), § 2.3—[Amended] rule does not have a significant or Section 1.10 of 516 DM 2, Appendix 1 unique effect on State, local, or tribal excludes from documentation in an ■ 3. Amend § 2.3(c), the second governments or the private sector. A environmental assessment or impact sentence, by: statement containing the information statement ‘‘policies, directives, ■ a. Removing the Web site address required by the Unfunded Mandates regulations and guidelines of an ‘‘http://www.doi.gov/foia/index.cfm’’ Reform Act (2 U.S.C. 1531 et seq.) is not administrative, financial, legal, and adding in its place the Web site required. technical or procedural nature; or the address ‘‘https://www.doi.gov/foia’’; and ■ b. Removing the Web site address 5. Takings (E.O. 12630) environmental effects of which are too broad, speculative or conjectural to lend ‘‘http://www.doi.gov/foia/contacts.cfm’’ In accordance with Executive Order themselves to meaningful analysis and and adding in its place the Web site 12630, this rule does not have will be subject late to the NEPA process, address ‘‘http://www.doi.gov/foia/ significant takings implications. A either collectively or case-by-case.’’ contacts’’. takings implication assessment is not ■ 4. In § 2.5, revise paragraph (d) to read required. 11. Effects on the Energy Supply (E.O. as follows: 13211) 6. Federalism (E.O. 13132) § 2.5 How should you describe the records In accordance with Executive Order This rule is not a significant energy you seek? 13132, this rule does not have sufficient action under the definition in Executive * * * * * federalism implications to warrant the Order 13211. A Statement of Energy (d) If the bureau determines that your preparation of a federalism summary Effects is not required. This rule will not request does not reasonably describe the impact statement. It would not have a significant effect on the nation’s records sought, the bureau will inform substantially and directly affect the energy supply, distribution, or use. you what additional information you

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need to provide in order to reasonably § 2.8 Can you ask for records to be Subpart D—Timing of Responses to describe the records that you seek so the disclosed in a particular form or format? Requests requested records can be located with a (a) * * * If the bureau cannot readily ■ reasonable amount of effort. The bureau reproduce the record in that form or 11. In § 2.15, add the following will also notify you that it will not be format, it must explain why it cannot. sentence to the end of paragraph (e) to read as follows: able to comply with your request unless * * * * * the additional information it has ■ 7. In § 2.9, revise paragraph (b) to read § 2.15 What is multitrack processing and requested is received from you in how does it affect your request? writing within 20 workdays after the as follows: * * * * * bureau has requested it and that you § 2.9 What if your request seeks records (e) * * * If you request placement in may appeal its determination. If you about another person? a particular processing track but the receive this type of notification, you * * * * * bureau places you in a different may wish to discuss it with the bureau’s (b) The bureau can require you to processing track, the bureau will designated FOIA contact or its FOIA provide you with an explanation of why Public Liaison (see § 2.66 of this part). supply additional information if necessary to verify that a particular you were not placed in the processing If the bureau does not receive your track you requested. written response containing the person has consented to disclosure or is additional information within 20 deceased. * * * * * ■ workdays after the bureau has requested ■ 8. Revise § 2.10 to read as follows: 12. In § 2.16, revise paragraph (a) to it, the bureau will presume that you are read as follows: no longer interested in the records and § 2.10 May you ask for the processing of your request to be expedited? § 2.16 What is the basic time limit for will close the file on the request. responding to a request? ■ 5. Amend § 2.6 by revising paragraph You may ask for the processing of (a) Ordinarily, the bureau has 20 (b) introductory text and paragraphs your request to be expedited. If you are workdays (including the date of receipt) (b)(3), (d), and (e) to read as follows: seeking expedited processing, your to determine whether to comply with a request must include a justification that request, but unusual circumstances may § 2.6 How will fee information affect the addresses and meets the criteria in processing of your request? allow the bureau to take longer than 20 § 2.20 of this part and includes the workdays (see § 2.19 of this subpart). * * * * * certification required at § 2.20(b)(2) of (b) If the bureau anticipates that the this part. Failure to provide sufficient * * * * * fees for processing the request will justification or the required certification ■ 13. In § 2.19, revise paragraph (a) exceed the amount you have agreed to will result in a denial of the expedited introductory text to read as follows: pay, or if you did not agree in writing processing request. to pay processing fees or request a fee § 2.19 When may the bureau extend the basic time limit? waiver and the bureau anticipates the ■ 9. Revise § 2.11 to read as follows: processing costs will exceed $50 (see (a) The bureau may extend the basic § 2.11 What contact information should time limit, if unusual circumstances § 2.37(g) of this part) or will exceed your your request include? entitlements (see § 2.39 of this part), the exist, by notifying you in writing of: bureau will notify you: A request should include your name * * * * * and a way (such as a mailing or email ■ 14. In § 2.20, revise paragraphs (c), (f), * * * * * address) for the bureau to send (3) That it will not be able to fully and (g) to read as follows: responsive records to you and/or to comply with your request unless you request additional information or § 2.20 When will expedited processing be provide a fee waiver request and/or the clarification of your request. You may provided and how will it affect your requested written assurance or advance also wish to include a daytime request? payment. telephone number (or the name and * * * * * * * * * * telephone number of an appropriate (c) You may ask for expedited (d) If you are seeking a fee waiver, contact). processing of your request by writing to your request must include a justification the appropriate FOIA contact in the that addresses and meets the criteria in Subpart C—Processing Requests bureau that maintains the records §§ 2.45 and 2.48 of this part. Failure to requested any time before the bureau provide sufficient justification will ■ 10. In § 2.12, revise paragraph (c) to issues its final response to your request. result in a denial of the fee waiver read as follows: When making a request for expedited request. If you are seeking a fee waiver, processing of an administrative appeal, you may also indicate the amount you § 2.12 What should you know about how bureaus process requests? submit the request to the appropriate are willing to pay if the fee waiver is deciding official for FOIA appeals. denied. This allows the bureau to * * * * * * * * * * process the request for records while it (c) The bureau will make reasonable (f) If expedited processing is denied, considers your fee waiver request. You efforts to search for the requested the bureau will: may also inform us of why you believe records. As part of its reasonable efforts, (1) Inform you of the basis for the your request meets one or more of the the bureau will search paper and/or denial, including an explanation of why criteria for a discretionary fee waiver electronic records (for example, emails), the expedited processing request does under § 2.56 of this part. as appropriate. The bureau will not not meet the Department’s expedited (e) The bureau will begin processing search for records in an electronic form processing criteria under this section; your request only after all issues or format if these efforts would and regarding fees are resolved. significantly interfere with the operation (2) Notify you of the right to appeal * * * * * of the bureau’s automated information the decision on expedited processing in ■ 6. In § 2.8, add a sentence to the end system. accordance with the procedures in of paragraph (a) to read as follows: * * * * * subpart H of this part.

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(g) If you appeal the bureau’s and a description of the procedures in § 2.28 What information will the bureau expedited processing decision, that subpart H of this part. include when it notifies a submitter of a request for their possibly confidential portion of your appeal (if it is properly ■ 19. In § 2.25, revise paragraph (c) to information? formatted under § 2.59 of this part) will read as follows: be processed before appeals that do not * * * * * challenge expedited processing § 2.25 What if the requested records (a) Either a copy of the request, the decisions. contain both exempt and nonexempt exact language of the request, or (for material? * * * * * notices published under § 2.27(b) of this * * * * * subpart) a general description of the Subpart E—Responses to Requests (c) If technically feasible, indicating request; the amount of information deleted and * * * * * § 2.21—[Amended] the FOIA exemption under which the ■ 23. In § 2.31, revise paragraphs (a)(1) ■ 15. In § 2.21(a), the second sentence, deletion was made at the place in the and (2) to read as follows: remove the Web site address ‘‘http:// record where the deletion was made. www.doi.gov/foia/news/guidance/ § 2.31 What must a submitter include in a index.cfm’’ and add in its place the Web Subpart F—Handling Confidential detailed Exemption 4 objection statement? site address ‘‘https://www.doi.gov/foia/ Information (a) * * * (1) Whether the submitter provided news/guidance’’. ■ 20. Revise § 2.26 to read as follows: ■ 16. Amend § 2.22: the information voluntarily and, if so, ■ a. By revising paragraph (c); and § 2.26 May submitters of possibly how disclosure will impair the ■ b. In paragraph (d), by adding the confidential information designate Government’s ability to obtain similar words ‘‘released or’’ after the words ‘‘the information as confidential when making information in the future and/or how Departmental submissions? records will be’’. the information fits into a category of The revision reads as follows: (a) The Department encourages, but information that the submitter does not does not require, submitters to designate customarily release to the public; § 2.22 How will bureaus grant requests? confidential information in good faith (2) Whether the Government required * * * * * (in other words, to identify specific the information to be submitted, and if (c) The bureau will release records (or information as information the so, how disclosure will impair the portions of records) to you promptly submitter considers protected from Government’s ability to obtain similar upon payment of any applicable fees (or disclosure under Exemption 4 of the information in the future and/or how before then, at its discretion). FOIA, found at 5 U.S.C. 552(b)(4)), at substantial competitive or other * * * * * the time of submission or reasonably business harm would likely result from soon thereafter. disclosure; and § 2.23—[Amended] (b) The designations discussed in * * * * * ■ 17. In § 2.23(a)(3), add the words paragraph (a) of this section assist the ‘‘and/or control’’ after the words bureau in identifying what information Subpart G—Fees ‘‘bureau’s possession’’. obtained from the submitter is possibly confidential and triggers the ■ 24. In § 2.37, add paragraphs (g), (h), ■ 18. In § 2.24, revise paragraph (b) to requirement for bureau-provided and (i) to read as follows: read as follows: notifications under § 2.27(a)(1) of this § 2.37 What general principles govern § 2.24 How will the bureau deny requests? subpart. fees? * * * * * ■ 21. Amend § 2.27: * * * * * (b) The denial notification must ■ a. By revising paragraph (a); and (g) If the fee for processing your include: ■ b. In paragraph (b), by removing the request is less than $50, you will not be (1) The name and title or position of word ‘‘large’’ and adding in its place the charged unless multiple requests are the person responsible for the denial, word ‘‘voluminous’’. aggregated under § 2.54 of this subpart along with an office phone number or The revision reads as follows: to an amount that is $50 or more. email address; (h) If you fail to pay any FOIA-related (2) A statement of the reasons for the § 2.27 When will the bureau notify a submitter of a request for their possibly fee within 30 calendar days of the date denial; confidential information? of billing, the processing of any new or (3) A reference to any FOIA ongoing requests and/or appeals from (a) Except as outlined in § 2.29 of this exemption applied by the bureau to you shall ordinarily be suspended. subpart, a bureau must promptly notify withhold records in full or in part; (i) If you would like to reformulate a submitter in writing when it receives (4) An estimate of the volume of any your request so it will meet your needs a FOIA request if: records withheld in full or in part (for at a lower cost, you may wish to seek (1) The requested information has example, by providing the number of assistance from the bureau’s designated been designated by the submitter as pages or some other reasonable form of FOIA contact or its FOIA Public Liaison confidential information under § 2.26(a) estimation), unless an estimate would (see § 2.66 of this part). of this subpart; or harm an interest protected by an ■ 25. In § 2.38, add the following exemption used to withhold the records; (2) The requested information has not been designated as confidential sentence to the end of paragraph (b) to (5) The name and title of the Office of read as follows: the Solicitor or Office of General information by the submitter under Counsel attorney consulted (if the § 2.26(a) of this subpart, but the bureau § 2.38 What are the requester fee bureau is denying a fee waiver request identifies it as possibly confidential categories? or withholding all or part of a requested information. * * * * * record); and * * * * * (b) * * * If you request placement in (6) A statement that the denial may be ■ 22. In § 2.28, revise paragraph (a) to a particular fee category but the bureau appealed under subpart H of this part read as follows: places you in a different fee category,

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the bureau will provide you with an § 2.46 When may you ask the bureau for a paragraphs (b)(2) and/or (b)(4) of this explanation of why you were not placed fee waiver? section, within 20 workdays after the in the fee category you requested (for * * * * * bureau has requested it, the bureau will example, if you were placed in the (b) You may submit a fee waiver presume that you are no longer commercial use requester category request at a later time if the bureau has interested in the records and will close rather than the category you requested, not yet completed processing your the file on the request. the bureau will describe how the request. * * * * * records would further your commercial, ■ 32. Amend § 2.47: ■ 35. In § 2.50, revise paragraphs (c) and trade, or profit interests). ■ a. In paragraph (a), by removing the (d) to read as follows: * * * * * period at the end of the paragraph and adding in its place a semicolon; § 2.50 When will the bureau require § 2.39—[Amended] ■ b. In paragraph (c), by removing the advance payment? ■ 26. In the table at § 2.39(a), remove the word ‘‘and’’ at the end of the paragraph; * * * * * word ‘‘non-commercial’’ and add in its ■ c. In paragraph (d), by removing the (c) When the bureau notifies you that place the word ‘‘noncommercial’’. words ‘‘to the FOIA Appeals Officer, an advance payment is due under § 2.41—[Amended] under the procedures in § 2.57 of this paragraph (a) of this section, it will give part, within 30 workdays after’’ and you an opportunity to reduce the fee by ■ 27. In § 2.41(c), remove the Web site adding in their place the words ‘‘under modifying the request. address ‘‘http://www.doi.gov/foia/fees- subpart H of this part and a description (d) Your payment of the funds you waivers.cfm’’ and add in its place the of the requirements set forth therein, owe the bureau for work it has already Web site address ‘‘http://www.doi.gov/ within 30 workdays from’’ and completed before records are sent to you foia/fees-waivers’’. removing the period at the end of the is not an advance payment under ■ 28. In § 2.42, revise paragraph (d) to paragraph and adding in its place the paragraph (a) of this section. read as follows: word ‘‘; and’’; and * * * * * ■ § 2.42 What duplication fees will you have d. Adding paragraph (e). ■ to pay? The addition reads as follows: § 2.51—[Amended] * * * * * § 2.47 How will the bureau notify you if it ■ 36. Amend § 2.51: (d) If the bureau must scan paper denies your fee waiver request? ■ a. In paragraph (b)(1), by adding the records to accommodate your preference * * * * * words ‘‘after the bureau has requested to receive records in an electronic (e) Your anticipated fees, in the additional clarification’’ after the format or print electronic records to accordance with § 2.49 of this subpart. words ‘‘within 20 workdays’’; accommodate your preference to receive ■ 33. Amend § 2.48 by revising ■ b. In paragraph (b)(2), by adding the records in a paper format, you will pay paragraph (a) introductory text and words ‘‘after the bureau has requested both the per page amount noted in the additional clarification’’ after the Appendix A to this part and the time adding a sentence to the end of paragraph (a)(2)(v) to read as follows: ‘‘’’ words ‘‘within 20 workdays’’; spent by personnel scanning or printing ■ c. In paragraph (b)(3), by removing the the requested records. For each quarter § 2.48 How will the bureau evaluate your words ‘‘hears from you within 20 hour spent by personnel scanning or fee waiver request? workdays’’ and add in their place the printing the requested records, the fees (a) In deciding whether your fee words ‘‘receives a written response from will be the same as those charged for a waiver request meets the requirements you within 20 workdays after the bureau search under § 2.41(b) of this subpart. of § 2.45(a)(1) of this subpart, the bureau has requested the additional ■ 29. In § 2.44, revise paragraph (b) to will consider the criteria listed in clarification’’; and read as follows: paragraphs (a)(1) through (a)(4) of this ■ d. In paragraph (c), by adding the § 2.44 What fees for other services will you section. You must address and meet words ‘‘after the bureau has requested have to pay? each of these criteria in order to the additional clarification’’ after the demonstrate that you are entitled to a * * * * * words ‘‘within 20 workdays’’. (b) Examples of these services include fee waiver. providing multiple copies of the same * * * * * Subpart H—Administrative Appeals record, converting records that are not (2) * * * § 2.57—[Amended] already maintained in a requested (v) * * * If we have categorized you format to the requested format, as a representative of the news media ■ 37. Amend § 2.57: obtaining research data under § 2.69 of under § 2.38, we will presume you have ■ a. In paragraph (a)(5), by adding the this part, sending records by means this ability and intent. words ‘‘or you have been placed in the other than first class mail, and * * * * * wrong fee category’’ after the word conducting a search that requires the ■ ‘‘calculated’’; and 34. In § 2.49, revise paragraphs (a)(1) ■ creation of a new computer search and (c) to read as follows: b. In paragraph (a)(6), by adding the program to locate the requested records. words ‘‘your request for’’ after the word * * * * * § 2.49 When will you be notified of ‘‘denied’’. anticipated fees? § 2.59—[Amended] § 2.45—[Amended] (a) * * * ■ 30. In § 2.45, in paragraph (a) (1) The anticipated fee is less than $50 ■ 38. In § 2.59, in paragraph (a), the first introductory text, remove the words (see § 2.37(g) of this subpart). sentence, remove the Web site address ‘‘under the factors’’ and add in their * * * * * ‘‘http://www.doi.gov/foia/appeals.cfm’’ place the words ‘‘by addressing and (c) If the bureau does not receive your and add in its place the Web site meeting each of the criteria’’. written response containing the address ‘‘http://www.doi.gov/foia/ ■ 31. In § 2.46, revise paragraph (b) to additional information that resolves any appeals’’. read as follows: fee issues, in accordance with ■ 39. Revise § 2.60 to read as follows:

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§ 2.60 Who makes decisions on appeals? appeals will notify you of your statutory § 2.68—[Amended] (a) The FOIA Appeals Officer is the right to seek review in a United States ■ deciding official for FOIA appeals that District Court. 44. Amend § 2.68: do not appeal a decision of the Office ■ a. In paragraph (a), by removing the of Inspector General. § 2.63—[Amended] number ‘‘14’’ and adding its place the (b) The General Counsel is the ■ 41. In § 2.63, in paragraphs (b) and (c), number ‘‘4.2’’ and adding the phrase ‘‘, deciding official for FOIA appeals that remove the words ‘‘FOIA Appeals such as DAA–0048–2013–0001’’ to the appeal a decision of the Office of Officer’’ and add in their place the end of the paragraph; and Inspector General. words ‘‘appropriate deciding official for ■ b. In paragraph (b), by removing the (c) When necessary, the appropriate FOIA appeals’’. deciding official for FOIA appeals will number ‘‘14’’ and adding its place the consult other appropriate offices, Subpart I—General Information number ‘‘4.2’’ and adding the phrase ‘‘, including the Office of the Solicitor or such as DAA–0048–2013–0001’’ to the Office of General Counsel for denials of § 2.65—[Amended] end of the paragraph. records and fee waivers. ■ 42. In § 2.65, the first sentence, § 2.70—[Amended] (d) The deciding official for FOIA remove the Web site address ‘‘http:// appeals normally will not make a www.doi.gov/foia/libraries.cfm’’ and ■ 45. Amend § 2.70: decision on an appeal if the request add in its place the Web site address ■ a. In the definition of Bureau, by becomes a matter of FOIA litigation. ‘‘http://www.doi.gov/foia/libraries’’. ■ 40. Revise § 2.62 to read as follows: removing the Web site address ‘‘http:// ■ 43. In § 2.66, revise paragraph (a) to www.doi.gov/foia/contacts.cfm’’ and § 2.62 When can you expect a decision on read as follows: adding in its place the Web site address your appeal? § 2.66 What are public liaisons? http://www.doi.gov/foia/contacts; and (a) The basic time limit for responding ■ b. In the definition of Multitrack to an appeal is 20 workdays after receipt (a) Each bureau has a FOIA Public processing, the second sentence, by of an appeal meeting the requirements Liaison who can assist requesters who adding the word ‘‘ordinarily’’ after the of § 2.59 of this subpart. have concerns about the service they (b) If the Department is unable to received when seeking records or who word ‘‘are’’. reach a decision on your appeal within are seeking assistance under § 2.3(d) or [FR Doc. 2016–04647 Filed 3–2–16; 8:45 am] the given time limit for response, the § 2.37(i) of this part. BILLING CODE 4310–10–P appropriate deciding official for FOIA * * * * *

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Proposed Rules Federal Register Vol. 81, No. 42

Thursday, March 3, 2016

This section of the FEDERAL REGISTER and 5 p.m., Monday through Friday, We will post all comments we contains notices to the public of the proposed except Federal holidays. receive, without change, to http:// issuance of rules and regulations. The For service information identified in regulations.gov, including any personal purpose of these notices is to give interested this proposed AD, contact Viking Air information you provide. We will also persons an opportunity to participate in the post a report summarizing each rule making prior to the adoption of the final Limited Technical Support, 1959 De rules. Havilland Way, Sidney, British substantive verbal contact we receive Columbia, Canada, V8L 5V5; Fax: 250– about this proposed AD. 656–0673; telephone: (North America) Discussion DEPARTMENT OF TRANSPORTATION (800) 663–8444; email: [email protected]; Transport Canada, which is the Federal Aviation Administration Internet: http://www.vikingair.com/ aviation authority for Canada, has support/service-bulletins. You may issued AD No. CF–2015–21, dated July 14 CFR Part 39 review this referenced service 30, 2015 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition information at the FAA, Small Airplane [Docket No. FAA–2016–4229; Directorate for all Viking Air Limited Models DHC– Directorate, 901 Locust, Kansas City, Identifier 2015–CE–038–AD] 2 Mk. I, DHC–2 Mk. II, and DHC–2 Mk. Missouri 64106. For information on the III airplanes. The MCAI states: RIN 2120–AA64 availability of this material at the FAA, call (816) 329–4148. There have been a number of reports of Airworthiness Directives; Viking Air corrosion and/or cracking at the elevator Limited Airplanes Examining the AD Docket actuating lever on the control column, in the elevator control rod assemblies, and at the You may examine the AD docket on AGENCY: Federal Aviation rod end plug. the Internet at http:// Administration (FAA), Department of Undetected corrosion and/or cracking of www.regulations.gov by searching for the elevator control rod assemblies or Transportation (DOT). and locating Docket No. FAA–2016– elevator actuating lever may lead to the ACTION: Notice of proposed rulemaking 4229; or in person at the Docket failure of the components with consequent (NPRM). Management Facility between 9 a.m. loss of aeroplane control. SUMMARY: We propose to adopt a new and 5 p.m., Monday through Friday, The MCAI requires visually airworthiness directive (AD) for all except Federal holidays. The AD docket inspecting the elevator control rod Viking Air Limited Models DHC–2 Mk. contains this proposed AD, the assemblies, the elevator actuating lever I, DHC–2 Mk. II, and DHC–2 Mk. III regulatory evaluation, any comments on the control column, and the control airplanes. This proposed AD results received, and other information. The column torque tube for corrosion, from mandatory continuing street address for the Docket Office cracking, and/or other damages, and airworthiness information (MCAI) (telephone (800) 647–5527) is in the repairing or replacing damaged parts. originated by an aviation authority of ADDRESSES section. Comments will be The MCAI also requires incorporating another country to identify and correct available in the AD docket shortly after revisions into the maintenance program an unsafe condition on an aviation receipt. and adds a life limit to certain elevator product. The MCAI describes the unsafe FOR FURTHER INFORMATION CONTACT: Aziz control rod assemblies. You may condition as corrosion of the elevator Ahmed, Aerospace Safety Engineer, examine the MCAI on the Internet at control rod and of the elevator actuating FAA, New York Aircraft Certification http://www.regulations.gov by searching lever on the control column. We are Office (ACO), 1600 Steward Avenue, for and locating Docket No. FAA–2016– issuing this proposed AD to require Suite 410, Westbury, New York 11590; 4229. actions to address the unsafe condition telephone: (516) 228–7329; fax: (516) Related Service Information Under 1 on these products. 794–5531; email: [email protected]. CFR Part 51 DATES: We must receive comments on SUPPLEMENTARY INFORMATION: Viking Air Limited has issued DHC– this proposed AD by April 18, 2016. Comments Invited 2 Beaver Service Bulletin Number: V2/ ADDRESSES: You may send comments by 0005, Revision ‘C’, dated July 17, 2015. any of the following methods: We invite you to send any written The service information describes • Federal eRulemaking Portal: Go to relevant data, views, or arguments about procedures for doing detailed visual http://www.regulations.gov. Follow the this proposed AD. Send your comments inspections of the elevator control rod instructions for submitting comments. to an address listed under the assemblies, the elevator actuating lever • Fax: (202) 493–2251. ADDRESSES section. Include ‘‘Docket No. on the control column, and the control • Mail: U.S. Department of FAA–2016–4229; Directorate Identifier column torque tube for corrosion, Transportation, Docket Operations, M– 2015–CE–038–AD’’ at the beginning of cracking, and/or other damages. The 30, West Building Ground Floor, Room your comments. We specifically invite service bulletin also describes W12–140, 1200 New Jersey Avenue SE., comments on the overall regulatory, procedures for repairing or replacing Washington, DC 20590. economic, environmental, and energy damaged parts. This service information • Hand Delivery: U.S. Department of aspects of this proposed AD. We will is reasonably available because the Transportation, Docket Operations, M– consider all comments received by the interested parties have access to it 30, West Building Ground Floor, Room closing date and may amend this through their normal course of business W12–140, 1200 New Jersey Avenue SE., proposed AD because of those or by the means identified in the Washington, DC 20590, between 9 a.m. comments. ADDRESSES section of this NPRM.

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FAA’s Determination and Requirements under Executive Order 13132. This describes the unsafe condition as corrosion of of the Proposed AD proposed AD would not have a the elevator control rod and of the elevator substantial direct effect on the States, on actuating lever on the control column. We are This product has been approved by issuing this AD to detect and correct the aviation authority of another the relationship between the national Government and the States, or on the corrosion and/or cracking of the elevator country, and is approved for operation control rod assemblies and the elevator in the United States. Pursuant to our distribution of power and actuating lever, which if not detected and bilateral agreement with this State of responsibilities among the various corrected, could cause these components to Design Authority, they have notified us levels of government. fail. This failure could result in loss of of the unsafe condition described in the For the reasons discussed above, I control. certify this proposed regulation: MCAI and service information (f) Actions and Compliance referenced above. We are proposing this (1) Is not a ‘‘significant regulatory AD because we evaluated all action’’ under Executive Order 12866, Comply with this AD within the information and determined the unsafe (2) Is not a ‘‘significant rule’’ under compliance times specified in paragraphs (g) the DOT Regulatory Policies and through (l) of this AD, including all condition exists and is likely to exist or subparagraphs, unless already done. develop on other products of the same Procedures (44 FR 11034, February 26, type design. 1979), (g) Inspections (3) Will not affect intrastate aviation Costs of Compliance Within the next 120 days after the effective in Alaska, and date of this AD or within the next 100 hours We estimate that this proposed AD (4) Will not have a significant time-in-service (TIS) after the effective date will affect 135 products of U.S. registry. economic impact, positive or negative, of this AD, whichever occurs first, do the We also estimate that it would take on a substantial number of small entities following inspections in accordance with about 11.5 work-hours per product to under the criteria of the Regulatory section I. PLANNING INFORMATION, comply with the basic inspection Flexibility Act. paragraph D. of Viking DHC–2 Beaver Service Bulletin Number: V2/0005, Revision ‘‘C’’, requirements of this proposed AD. The List of Subjects in 14 CFR Part 39 average labor rate is $85 per work-hour. dated July 17, 2015: Based on these figures, we estimate Air transportation, Aircraft, Aviation (1) For airplanes with an installed elevator the cost of the basic inspection safety, Incorporation by reference, control rod assembly, part number (P/N) C2CF619A, do a detailed visual inspection of requirements of this proposed AD on Safety. P/N C2CF619A for corrosion, cracking, and/ U.S. operators to be $131,962.50, or The Proposed Amendment or other damages. $977.50 per product. (2) For airplanes with an installed elevator In addition, we estimate that any Accordingly, under the authority delegated to me by the Administrator, control rod assembly, P/N CT2CF1021–1, do necessary follow-on actions would take a detailed visual inspection of P/N about 8 work-hours and require parts the FAA proposes to amend 14 CFR part CT2CF1021–1 for corrosion, cracking, and/or costing $1,859, for a cost of $2,539 per 39 as follows: other damages. product. Contact Viking Air Limited at (3) For all airplanes, do a detailed visual PART 39—AIRWORTHINESS the address identified in the ADDRESSES inspection of the elevator actuating lever on DIRECTIVES section of this NPRM for current pricing the control column and the control column torque tube for corrosion, cracking and/or and lead time. We have no way of ■ 1. The authority citation for part 39 other damages. determining the number of products continues to read as follows: that may need these actions. (h) Replacement/Repair for P/N C2CF619A Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking (1) Before further flight after the inspection § 39.13 [Amended] required in paragraph (g)(1) of this AD, if Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding corrosion, cracking, or other damages are specifies the FAA’s authority to issue the following new AD: found, replace P/N C2CF619A with P/N rules on aviation safety. Subtitle I, C2CF619A–11 following section I. section 106, describes the authority of Viking Air Limited: Docket No. FAA–2016– PLANNING INFORMATION, paragraph D. of the FAA Administrator. ‘‘Subtitle VII: 4229; Directorate Identifier 2015–CE– Viking DHC–2 Beaver Service Bulletin Aviation Programs,’’ describes in more 038–AD. Number: V2/0005, Revision ‘‘C’’, dated July detail the scope of the Agency’s (a) Comments Due Date 17, 2015, or contact Viking Air Limited at the address specified in paragraph (o) of this AD authority. We must receive comments by April 18, We are issuing this rulemaking under for an FAA-approved repair and incorporate 2016. the repair. the authority described in ‘‘Subtitle VII, (b) Affected ADs (2) Within the next 120 days after the Part A, Subpart III, section 44701: effective date of this AD or within the next None. General requirements.’’ Under that 100 hours TIS after the effective date of this section, Congress charges the FAA with (c) Applicability AD, whichever occurs first, you may replace promoting safe flight of civil aircraft in This AD applies to Viking Air Limited P/N C2CF619A with P/N C2CF619A–11 air commerce by prescribing regulations DHC–2 Mk. I, DHC–2 Mk. II, and DHC–2 Mk. instead of doing the inspection required in for practices, methods, and procedures III airplanes, all serial numbers, certificated paragraph (g)(1) of this AD. Do the the Administrator finds necessary for in any category. replacement following section I. PLANNING safety in air commerce. This regulation INFORMATION, paragraph D. of Viking (d) Subject is within the scope of that authority DHC–2 Beaver Service Bulletin Number: V2/ 0005, Revision ‘‘C’’, dated July 17, 2015. because it addresses an unsafe condition Air Transport Association of America (ATA) Code 27: Flight Controls. (3) After replacing P/N C2CF619A with P/ that is likely to exist or develop on N C2CF619A–11, you must still do the products identified in this rulemaking (e) Reason repetitive inspections of the elevator control action. This AD was prompted by mandatory rod assemblies following the Airworthiness Regulatory Findings continuing airworthiness information (MCAI) Limitations section of the FAA-approved originated by an aviation authority of another maintenance program (e.g., maintenance We determined that this proposed AD country to identify and correct an unsafe manual) specified in paragraph (k)(1) of this would not have federalism implications condition on an aviation product. The MCAI AD.

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(i) Replacement/Repair for P/N CT2CF1021– (m) Credit for Actions Accomplished in Revision ‘A’, dated November 7, 2014; or 1 Accordance With Previous Service Viking Air Limited DHC–2 Beaver Service (1) Before further flight after the inspection Information Bulletin Number: V2/0005, Revision ‘B’, required in paragraph (g)(2) of this AD, if Credit will be given for the inspections dated March 4, 2015, for related information. corrosion, cracking, or other damages are required in paragraphs (g)(1), (g)(2), and (g)(3) You may examine the MCAI on the Internet found, replace the elevator control rod of this AD if they were done before the at http://www.regulations.gov by searching assembly with P/N CT2CF1021–1 that has effective date of this AD following Viking Air for and locating Docket No. FAA–2016–4229. been inspected and is free of corrosion, Limited DHC–2 Beaver Service Bulletin For service information related to this AD, cracking, or other damages following section Number: V2/0005, Revision ‘NC’, dated contact Viking Air Limited Technical I. PLANNING INFORMATION, paragraph D. March 26, 2012; Viking Air Limited DHC–2 Support, 1959 De Havilland Way, Sidney, of Viking DHC–2 Beaver Service Bulletin Beaver Service Bulletin Number: V2/0005, British Columbia, Canada, V8L 5V5; Fax: Number: V2/0005, Revision ‘‘C’’, dated July Revision ‘A’, dated November 7, 2014; or 250–656–0673; telephone: (North America) 17, 2015, or contact Viking Air Limited at the Viking Air Limited DHC–2 Beaver Service (800) 663–8444; email: technical.support@ address specified in paragraph (o) of this AD Bulletin Number: V2/0005, Revision ‘B’, vikingair.com; Internet: http://www.vikingair. for an FAA-approved repair and incorporate dated March 4, 2015. com/support/service-bulletins. You may the repair. review this referenced service information at (2) After replacing or repairing P/N (n) Other FAA AD Provisions the FAA, Small Airplane Directorate, 901 CT2CF1021–1, you must still do the The following provisions also apply to this Locust, Kansas City, Missouri 64106. For repetitive inspections of the elevator control AD: information on the availability of this rod assemblies following the Airworthiness (1) Alternative Methods of Compliance material at the FAA, call (816) 329–4148. Limitations section of the FAA-approved (AMOCs): The Manager, Standards Office, Issued in Kansas City, Missouri, on maintenance program (e.g., maintenance FAA, has the authority to approve AMOCs February 24, 2016. manual) specified in paragraph (k)(1) of this for this AD, if requested using the procedures Robert P. Busto, AD. found in 14 CFR 39.19. Send information to ATTN: Aziz Ahmed, Aerospace Safety Acting Manager, Small Airplane Directorate, (j) Repair of the Elevator Actuating Lever Engineer, FAA, New York Aircraft Aircraft Certification Service. Before further flight after the inspection Certification Office (ACO), 1600 Steward [FR Doc. 2016–04539 Filed 3–2–16; 8:45 am] required in paragraph (g)(3) of this AD, if Avenue, Suite 410, Westbury, New York BILLING CODE 4910–13–P corrosion, cracking, or other damages are 11590; telephone: (516) 228–7329; fax: (516) found, contact Viking Air Limited at the 794–5531; email: [email protected]. Before address specified in paragraph (o) of this AD using any approved AMOC on any airplane DEPARTMENT OF TRANSPORTATION for an FAA-approved repair and incorporate to which the AMOC applies, notify your the repair. appropriate principal inspector (PI) in the Federal Aviation Administration FAA Flight Standards District Office (FSDO), (k) Airworthiness Limitations/Restrictions or lacking a PI, your local FSDO. 14 CFR Part 39 (1) For all airplanes, within the next 30 (2) Airworthy Product: For any requirement days after the effective date of this AD, insert in this AD to obtain corrective actions from [Docket No. FAA–2016–4231; Directorate the following into the Airworthiness a manufacturer or other source, use these Identifier 2015–CE–042–AD] Limitations section of the FAA-approved actions if they are FAA-approved. Corrective maintenance program (e.g., maintenance actions are considered FAA-approved if they RIN 2120–AA64 manual). This revision to the Limitation are approved by the State of Design Authority section incorporates repetitive inspections of (or their delegated agent). You are required Airworthiness Directives; BLANIK the elevator control rod assemblies, the to assure the product is airworthy before it LIMITED Gliders elevator actuating lever, and the control is returned to service. AGENCY: column torque tube for corrosion, cracks, (3) Reporting Requirements: For any Federal Aviation and/or other damage. Insert item 20A., of Part reporting requirement in this AD, a federal Administration (FAA), Department of 3, in Appendix 2 of Temporary Revision No.: agency may not conduct or sponsor, and a Transportation (DOT). 2–38, dated March 4, 2015, into the VIKING person is not required to respond to, nor ACTION: Notice of proposed rulemaking PSM NO.: 1–2–2, AIRCRAFT: DHC–2 shall a person be subject to a penalty for (NPRM). BEAVER, SERIES: ALL, PUBLICATION: failure to comply with a collection of MAINTENANCE MANUAL; and insert item information subject to the requirements of SUMMARY: We propose to adopt a new 20A., in Part 4, of Temporary Revision No.: the Paperwork Reduction Act unless that airworthiness directive (AD) for 2T–14, dated March 4, 2015, into VIKING collection of information displays a current BLANIK LIMITED Models L–13 Blanik PSM NO.: 1–2T–2, AIRCRAFT: DHC–2 valid OMB Control Number. The OMB and L–13 AC Blanik gliders (type TURBO BEAVER, SERIES: ALL, Control Number for this information certificate previously held by LET collection is 2120–0056. Public reporting for PUBLICATION: MAINTENANCE MANUAL. Aeronautical Works) that would (2) For all airplanes, as of the effective date this collection of information is estimated to of this AD, do not install P/N C2CF619A or be approximately 5 minutes per response, supersede AD 2000–20–11. This C2CF619A–9 as a replacement part. including the time for reviewing instructions, proposed AD results from mandatory completing and reviewing the collection of continuing airworthiness information (l) Life Limit for P/N C2CF619A information. All responses to this collection (MCAI) originated by an aviation As of the effective date of this AD, elevator of information are mandatory. Comments authority of another country to identify control rod assemblies, P/N C2CF619A, are concerning the accuracy of this burden and and correct an unsafe condition on an life-limited to 15 years and must be replaced suggestions for reducing the burden should aviation product. The MCAI describes with P/N C2CF619A–11 at the following be directed to the FAA at: 800 Independence the unsafe condition as insufficient compliance time: Ave. SW., Washington, DC 20591, Attn: (1) If, as of the effective date of this AD, Information Collection Clearance Officer, material strength of the tail-fuselage the age of the installed P/N C2CF619A is AES–200. attachment fitting. We are issuing this known, it must be replaced before exceeding proposed AD to require actions to the life limit or within the next 12 months (o) Related Information address the unsafe condition on these after the effective date of this AD, whichever Refer to MCAI Transport Canada AD No. products. occurs later. CF–2015–21, dated July 30, 2015; and Viking DATES: (2) If, as of the effective date of this AD, Air Limited DHC–2 Beaver Service Bulletin We must receive comments on the age of the installed P/N C2CF619A is not Number: V2/0005, Revision ‘NC’, dated this proposed AD by April 18, 2016. known, it must be replaced within the next March 26, 2012; Viking Air Limited DHC–2 ADDRESSES: You may send comments by 12 months after the effective date of this AD. Beaver Service Bulletin Number: V2/0005, any of the following methods:

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• Federal eRulemaking Portal: Go to aspects of this proposed AD. We will access to it through their normal course http://www.regulations.gov. Follow the consider all comments received by the of business or by the means identified instructions for submitting comments. closing date and may amend this in the ADDRESSES section of this NPRM. • Fax: (202) 493–2251. proposed AD because of those FAA’s Determination and Requirements • Mail: U.S. Department of comments. Transportation, Docket Operations, M– We will post all comments we of the Proposed AD 30, West Building Ground Floor, Room receive, without change, to http:// This product has been approved by W12–140, 1200 New Jersey Avenue SE., regulations.gov, including any personal the aviation authority of another Washington, DC 20590. information you provide. We will also country, and is approved for operation • Hand Delivery: U.S. Department of post a report summarizing each in the United States. Pursuant to our Transportation, Docket Operations, M– substantive verbal contact we receive bilateral agreement with this State of 30, West Building Ground Floor, Room about this proposed AD. Design Authority, they have notified us of the unsafe condition described in the W12–140, 1200 New Jersey Avenue SE., Discussion Washington, DC 20590, between 9 a.m. MCAI and service information and 5 p.m., Monday through Friday, On September 28, 2000, we issued AD referenced above. We are proposing this except Federal holidays. 2000–20–11, Amendment 39–11922 (65 AD because we evaluated all For service information identified in FR 60845; October 13, 2000) (‘‘AD information and determined the unsafe this proposed AD, contact BLANIK 2000–20–11’’). That AD required actions condition exists and is likely to exist or LIMITED, 2nd Floor Beaux Lane House, intended to address an unsafe condition develop on other products of the same Mercer Street Lower, Dublin 2, Republic on BLANIK LIMITED Model L–13 type design. of Ireland; phone: +420 733 662 194; Blanik gliders and was based on Costs of Compliance email: [email protected]; Internet: mandatory continuing airworthiness http://www.blanik.aero/%EF%BB information (MCAI) originated by the We estimate that this proposed AD %BFcustomer_support. You may review Civil Aviation Authority, which is the will affect 124 products of U.S. registry. this referenced service information at aviation authority for the Czech We also estimate that it would take the FAA, Small Airplane Directorate, Republic. That MCAI (AD CAA–AD–T– about 4 work-hours per product to 901 Locust, Kansas City, Missouri 112/1999R1, dated November 23, 1999), comply with the basic requirements of 64106. For information on the was issued to correct an unsafe this proposed AD. The average labor availability of this material at the FAA, condition for EVECTOR, spol. s.r.o. rate is $85 per work-hour. call (816) 329–4148. Models L 13 SEH VIVAT and L 13 SDM Based on these figures, we estimate VIVAT gliders and BLANIK LIMITED the cost of the proposed AD on U.S. Examining the AD Docket Models L–13 Blanik and L–13 AC operators to be $42,160, or $340 per You may examine the AD docket on Blanik gliders. The MCAI states: product. the Internet at http:// To prevent destruction of tail-fuselage In addition, we estimate that any www.regulations.gov by searching for attachment fitting which can lead to loss of necessary follow-on actions would take and locating Docket No. FAA–2016– control of the sailplane. This destruction about 16 work-hours and require parts 4231; or in person at the Docket could be caused due to lower strength of the costing $500, for a cost of $1,860 per material used during production. Management Facility between 9 a.m. product. We have no way of and 5 p.m., Monday through Friday, You may examine the MCAI on the determining the number of products except Federal holidays. The AD docket Internet at http://www.regulations.gov that may need these actions. by searching for and locating Docket No. contains this proposed AD, the Authority for This Rulemaking regulatory evaluation, any comments FAA–2016–4231. received, and other information. The A review of records since issuance of Title 49 of the United States Code street address for the Docket Office AD 2000–20–11 revealed that the FAA specifies the FAA’s authority to issue (telephone (800) 647–5527) is in the inadvertently did not address this MCAI rules on aviation safety. Subtitle I, ADDRESSES section. Comments will be for the EVECTOR, spol. s.r.o. Model L section 106, describes the authority of available in the AD docket shortly after 13 SDM VIVAT gliders and the BLANIK the FAA Administrator. ‘‘Subtitle VII: receipt. LIMITED Model L–13 AC Blanik gliders. Aviation Programs,’’ describes in more This proposed AD would supersede AD detail the scope of the Agency’s FOR FURTHER INFORMATION CONTACT: Jim 2000–20–11 to add the BLANIK authority. Rutherford, Aerospace Engineer, FAA, LIMITED Model L–13 AC Blanik gliders We are issuing this rulemaking under Small Airplane Directorate, 901 Locust, to the applicability of the AD. the authority described in ‘‘Subtitle VII, Room 301, Kansas City, Missouri 64106; The FAA will address the EVECTOR, Part A, Subpart III, Section 44701: telephone: (816) 329–4165; fax: (816) spol. s.r.o. Model L 13 SDM VIVAT General requirements.’’ Under that 329–4090; email: jim.rutherford@ gliders in another AD action. section, Congress charges the FAA with faa.gov. promoting safe flight of civil aircraft in Related Service Information Under 1 SUPPLEMENTARY INFORMATION: air commerce by prescribing regulations CFR Part 51 for practices, methods, and procedures Comments Invited LET Aeronautical Works has issued the Administrator finds necessary for We invite you to send any written LET Mandatory Bulletin No.: L13/085a, safety in air commerce. This regulation relevant data, views, or arguments about dated November 17, 1999. The service is within the scope of that authority this proposed AD. Send your comments information describes procedures for because it addresses an unsafe condition to an address listed under the testing the material strength of that is likely to exist or develop on ADDRESSES section. Include ‘‘Docket No. attachment fitting part number A 102 products identified in this rulemaking FAA–2016–4231; Directorate Identifier 021 N and instructions for contacting action. 2015–CE–042–AD’’ at the beginning of the manufacturer for replacement your comments. We specifically invite information if necessary. This service Regulatory Findings comments on the overall regulatory, information is reasonably available We determined that this proposed AD economic, environmental, and energy because the interested parties have would not have federalism implications

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under Executive Order 13132. This (e) Reason FAA, has the authority to approve AMOCs proposed AD would not have a This AD was prompted by mandatory for this AD, if requested using the procedures substantial direct effect on the States, on continuing airworthiness information (MCAI) found in 14 CFR 39.19. Send information to the relationship between the national originated by an aviation authority of another ATTN: Jim Rutherford, Aerospace Engineer, country to identify and correct an unsafe FAA, Small Airplane Directorate, 901 Locust, Government and the States, or on the Room 301, Kansas City, Missouri 64106; distribution of power and condition on an aviation product. The MCAI describes the unsafe condition as insufficient telephone: (816) 329–4165; fax: (816) 329– responsibilities among the various material strength of the tail-fuselage 4090; email: [email protected]. Before levels of government. attachment fitting. We are issuing this AD to using any approved AMOC on any airplane For the reasons discussed above, I detect and correct tail-fuselage fittings with to which the AMOC applies, notify your appropriate principal inspector (PI) in the certify this proposed regulation: insufficient material strength, which if left uncorrected could result in detachment of FAA Flight Standards District Office (FSDO), (1) Is not a ‘‘significant regulatory the tail from the fuselage with consequent or lacking a PI, your local FSDO. action’’ under Executive Order 12866, loss of control. (2) Airworthy Product: For any requirement (2) Is not a ‘‘significant rule’’ under in this AD to obtain corrective actions from (f) Actions and Compliance a manufacturer or other source, use these the DOT Regulatory Policies and actions if they are FAA-approved. Corrective Procedures (44 FR 11034, February 26, Unless already done, do the following actions in paragraphs (f)(1) and (f)(2) of this actions are considered FAA-approved if they 1979), AD, including all subparagraphs: are approved by the State of Design Authority (3) Will not affect intrastate aviation (1) Model L–13 Blanik gliders: (or their delegated agent). You are required in Alaska, and (i) Within the next 60 days after November to assure the product is airworthy before it is returned to service. (4) Will not have a significant 27, 2000 (the effective date retained from AD 2000–20–11), inspect the tail-fuselage (h) Related Information economic impact, positive or negative, attachment fitting, part number on a substantial number of small entities (P/N) A 102 021 N, for damage and material Refer to MCAI Civil Aviation Authority AD under the criteria of the Regulatory hardness following the procedures in LET CAA–AD–T–112/1999R1, dated November Flexibility Act. Mandatory Bulletin No.: L13/085a, dated 23, 1999, for related information. You may November 17, 1999. examine the MCAI on the Internet at List of Subjects in 14 CFR Part 39 (ii) If you find the tail-fuselage attachment http://www.regulations.gov by searching for fitting is damaged or the material does not and locating Docket No. FAA–2016–4231. Air transportation, Aircraft, Aviation meet the hardness requirements specified in For service information related to this AD, safety, Incorporation by reference, the service bulletin during the inspection contact BLANIK LIMITED, 2nd Floor Beaux Safety. required in paragraph (f)(1)(i) of this AD, Lane House, Mercer Street Lower, Dublin 2, before further flight, you must contact the Republic of Ireland; phone: +420 733 662 The Proposed Amendment manufacturer to obtain an FAA-approved 194; email: [email protected]; Internet: http://www.blanik.aero/%EF%BB Accordingly, under the authority replacement part for P/N A 102 021 N and _ FAA-approved installation instructions and %BFcustomer support. You may review this delegated to me by the Administrator, install the replacement part. Use the contact referenced service information at the FAA, the FAA proposes to amend 14 CFR part information found in paragraph (h) to contact Small Airplane Directorate, 901 Locust, 39 as follows: the manufacturer. Kansas City, Missouri 64106. For information (iii) As of November 27, 2000 (the effective on the availability of this material at the PART 39—AIRWORTHINESS date retained from AD 2000–20–11), do not FAA, call (816) 329–4148. DIRECTIVES install, on any glider, a P/N A 102 021 N Issued in Kansas City, Missouri, on attachment fitting that has not passed the February 24, 2016. ■ 1. The authority citation for part 39 inspection required in paragraph (f)(1)(i) of Robert P. Busto, continues to read as follows: this AD. (2) Model L–13 AC Blanik gliders: Acting Manager, Small Airplane Directorate, Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Within the next 60 days after the Aircraft Certification Service. effective date of this AD, inspect the tail- [FR Doc. 2016–04541 Filed 3–2–16; 8:45 am] § 39.13 [Amended] fuselage attachment fitting, part number BILLING CODE 4910–13–P ■ 2. The FAA amends § 39.13 by (P/N) A 102 021 N, for damage and material removing Amendment 39–11922 (65 FR hardness following the procedures in LET Mandatory Bulletin No.: L13/085a, dated DEPARTMENT OF TRANSPORTATION 60845; October 13, 2000), and adding November 17, 1999. the following new AD: (ii) If you find the tail-fuselage attachment Federal Aviation Administration Blanik Limited: Docket No. FAA–2016–4231; fitting is damaged or the material does not Directorate Identifier 2015–CE–042–AD. meet the hardness requirements specified in 14 CFR Part 71 the service bulletin during the inspection (a) Comments Due Date required in paragraph (f)(2)(i) of this AD, [Docket No. FAA–2015–7203; Airspace We must receive comments by April 18, before further flight, you must contact the Docket No. 15–ASO–14] 2016. manufacturer to obtain an FAA-approved replacement part for P/N A 102 021 N and Proposed Establishment of Class D (b) Affected ADs FAA-approved installation instructions and Airspace: Destin, FL; Duke Field, Eglin This AD replaces AD 2000–20–11, install the replacement part. Use the contact AFB, FL; Proposed Revocation of Amendment 39–11922 (65 FR 60845; October information found in paragraph (h) to contact Class D Airspace; Eglin AF Aux No 3 13, 2000) (‘‘AD 2000–20–11’’). the manufacturer. (iii) As of the effective date of this AD, do Duke Field, FL; and Proposed (c) Applicability not install, on any glider, a P/N A 102 021N Amendment of Class D and E This AD applies to BLANIK LIMITED attachment fitting that has not passed the Airspace; Eglin Air Force Base, FL; Models L–13 Blanik and L–13 AC Blanik inspection required in paragraph (f)(2)(i) of Eglin Hurlburt Field, FL; and gliders (type certificate previously held by this AD. Crestview, FL LET Aeronautical Works), all serial numbers, certificated in any category. (g) Other FAA AD Provisions AGENCY: Federal Aviation The following provisions also apply to this Administration (FAA), DOT. (d) Subject AD: ACTION: Notice of proposed rulemaking Air Transport Association of America (1) Alternative Methods of Compliance (NPRM). (ATA) Code 53: Fuselage. (AMOCs): The Manager, Standards Office,

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SUMMARY: This action proposes to published yearly and effective on All communications received before establish Class D airspace at Destin, FL, September 15. the specified closing date for comments providing the controlled airspace FOR FURTHER INFORMATION CONTACT: John will be considered before taking action required for the Air Traffic Control Fornito, Operations Support Group, on the proposed rule. The proposal Tower at Destin Executive Airport, Eastern Service Center, Federal Aviation contained in this notice may be changed (formerly Destin-Fort Walton Beach Administration, P.O. Box 20636, in light of the comments received. A Airport). Additionally, this action Atlanta, Georgia 30320; telephone (404) report summarizing each substantive would remove Eglin AF Aux No 3 Duke 305–6364. public contact with FAA personnel concerned with this rulemaking will be Field from the Class D designation, and SUPPLEMENTARY INFORMATION: establish Duke Field, Eglin AFB, FL in filed in the docket. Authority for This Rulemaking its place. Controlled airspace is Availability of NPRMs necessary for the safety and The FAA’s authority to issue rules An electronic copy of this document management of instrument flight rules regarding aviation safety is found in may be downloaded from and (IFR) operations at the airport. This Title 49 of the United States Code. comments submitted through http:// action also would amend existing Class Subtitle I, Section 106 describes the www.regulations.gov. Recently D and Class E airspace by recognizing authority of the FAA Administrator. published rulemaking documents can the airport’s name change. This action Subtitle VII, Aviation Programs, also be accessed through the FAA’s Web also would change the existing Class D describes in more detail the scope of the page at http://www.faa.gov/airports_ airspace designation at Duke Field, agency’s authority. This rulemaking is airtraffic/air_traffic/publications/ Eglin Air Force Base (AFB), FL, and promulgated under the authority airspace_amendments/. would adjust the geographic coordinates described in Subtitle VII, Part, A, of Eglin AFB, Destin Executive Airport, You may review the public docket Subpart I, Section 40103. Under that containing the proposal, any comments Duke Field, and Hurlburt Field, to stay section, the FAA is charged with in concert with the FAA’s database. received, and any final disposition in prescribing regulations to assign the use person in the Dockets Office (see the DATES: Comments must be received on of airspace necessary to ensure the ADDRESSES section for address and or before April 18, 2016. safety of aircraft and the efficient use of phone number) between 9:00 a.m. and ADDRESSES: Send comments on this rule airspace. This regulation is within the 5:00 p.m., Monday through Friday, to: U.S. Department of Transportation, scope of that authority as it would except Federal Holidays. An informal Docket Operations, 1200 New Jersey establish Class D airspace at Destin docket may also be examined between Avenue SE., West Bldg. Ground Floor, Executive Airport, Destin, FL, and Duke 8:00 a.m. and 4:30 p.m., Monday Rm. W12–140, Washington, DC 20590– Field Eglin AFB, FL; and remove Class through Friday, except Federal Holidays 0001; Telephone: 1–800–647–5527; Fax: D airspace at Eglin AF Aux No 3 Duke at the office of the Eastern Service 202–493–2251. You must identify the Field; and amend Class D and Class E Center, Federal Aviation Docket Number FAA–2015–7203; airspace at Eglin Air Force Base, FL. Administration, Room 350, 1701 Airspace Docket No. 15–ASO–14, at the Comments Invited Columbia Avenue, College Park, Georgia beginning of your comments. You may 30337. also submit and review received Interested persons are invited to Persons interested in being placed on comments through the Internet at comment on this rule by submitting a mailing list for future NPRM’s should http://www.regulations.gov. You may such written data, views, or arguments, contact the FAA’s Office of Rulemaking, review the public docket containing the as they may desire. Comments that (202) 267–9677, to request a copy of proposal, any comments received, and provide the factual basis supporting the Advisory Circular No. 11–2A, Notice of any final disposition in person in the views and suggestions presented are Proposed Rulemaking distribution Dockets Office between 9:00 a.m. and particularly helpful in developing System, which describes the application 5:00 p.m., Monday through Friday, reasoned regulatory decisions on the procedure. except Federal holidays. The Docket proposal. Comments are specifically Office (telephone 1–800–647–5527), is invited on the overall regulatory, Availability and Summary of on the ground floor of the building at aeronautical, economic, environmental, Documents for Incorporation by the above address. and energy-related aspects of the Reference FAA Order 7400.9Z, Airspace proposal. This document proposes to amend Designations and Reporting Points, and Communications should identify both FAA Order 7400.9Z, Airspace subsequent amendments can be viewed docket numbers (FAA Docket No. FAA– Designations and Reporting Points, online at http://www.faa.gov/airtraffic/ 2015–7203; Airspace Docket No. 15– dated August 6, 2015, and effective publications/. For further information, ASO–14) and be submitted in triplicate September 15, 2015. FAA Order you can contact the Airspace Policy to the Docket Management System (see 7400.9Z is publicly available as listed in Group, Federal Aviation ADDRESSES section for address and the ADDRESSES section of this document. Administration, 800 Independence phone number). You may also submit FAA Order 7400.9Z lists Class A, B, C, Avenue SW., Washington, DC 20591; comments through the Internet at D, and E airspace areas, air traffic telephone: 202–267–8783. The Order is http://www.regulations.gov. service routes, and reporting points. also available for inspection at the Persons wishing the FAA to National Archives and Records acknowledge receipt of their comments The Proposal Administration (NARA). For on this action must submit with those The FAA is considering an information on the availability of FAA comments a self-addressed stamped amendment to Title 14, Code of Federal Order 7400.9Z at NARA, call 202–741– postcard on which the following Regulations (14 CFR) part 71 to establish 6030, or go to http://www.archives.gov/ statement is made: ‘‘Comments to Class D airspace up to and including federal_register/code_of_federal- Docket No. FAA–2015–7203; Airspace 1,600 feet within a 4.4 mile radius of at regulations/ibr_locations.html. Docket No. 15–ASO–14.’’ The postcard Destin Executive Airport, Destin, FL, FAA Order 7400.9, Airspace will be date/time stamped and returned providing the controlled airspace Designations and Reporting Points, is to the commenter. required to support the Air Traffic

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Control Tower. Additionally, this action PART 71—DESIGNATION OF CLASS A, ASO FL D Eglin AF Aux No 3 Duke Field, would remove the Class D designator for B, C, D, AND E AIRSPACE AREAS; AIR FL [Removed] Eglin AF Aux No 3 Duke Field, FL, and TRAFFIC SERVICE ROUTES; AND ASO FL D Duke Field Eglin AFB, FL [New] replace it with Duke Field, Eglin AFB, REPORTING POINTS Duke Field, FL FL. This action would also adjust the (Lat. 30°38′55″ N., long. 86°31′19″ W.) geographic coordinates in Class D ■ 1. The authority citation for Part 71 Crestview, Bob Sikes Airport airspace, Class E surface area airspace, continues to read as follows: (Lat. 30°46′44″ N., long. 86°31′20″ W.) and Class E airspace extending upward Eglin AFB from 700 feet above the surface for Eglin Authority: 49 U.S.C. 106(f), 106(g); 40103, (Lat. 30°29′00″ N., long. 86°31′34″ W.) 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, That airspace extending upward from the Air Force Base, FL, Destin Executive 1959–1963 Comp., p. 389. Airport, Duke Field, and Hurlburt Field, surface to and including 2,700 feet MSL to stay in concert with the FAA’s § 71.1 [Amended] within a 5.2-mile radius of Duke Field; database. Also, Destin-Fort Walton excluding the portion north of a line ■ 2. The incorporation by reference in connecting the 2 points of intersection with Beach Airport would be changed to 14 CFR 71.1 of Federal Aviation a 4.2-mile radius circle centered on Bob Sikes Destin Executive Airport. Administration Order 7400.9Z, Airspace Airport; excluding the portion south of a line Class D and Class E airspace Designations and Reporting Points, connecting the 2 points of intersection with designations are published in dated August 6, 2015, effective a 5.5-mile radius circle centered on Eglin Paragraphs 5000, 6002, and 6005, AFB. This Class D airspace area is effective September 15, 2015, is amended as during the specific dates and times respectively of FAA Order 7400.9Z, follows: established in advance by a Notice to dated August 6, 2015, and effective Paragraph 5000 Class D Airspace. Airmen. The effective date and time will September 15, 2015, which is thereafter be continuously published in the incorporated by reference in 14 CFR * * * * * Airport/Facility Directory. 71.1. The Class D and Class E airspace ASO FL D Destin, FL [New] ASO FL D Eglin Hurlburt Field, FL designation listed in this document will Destin Executive Airport, FL [Amended] be published subsequently in the Order. ° ′ ″ ° ′ ″ (Lat. 30 24 00 N., long. 86 28 17 W.) Eglin, Hurlburt Field, FL Eglin Air Force Base, FL ° ′ ″ ° ′ ″ Regulatory Notices and Analyses ° ′ ″ ° ′ ″ (Lat. 30 25 44 N., long. 86 41 20 W.) (Lat. 30 29 00 N., long. 86 31 34 W.) Eglin AFB The FAA has determined that this That airspace extending upward from the (Lat. 30°29′00″ N., long. 86°31′34″ W.) proposed regulation only involves an surface to and including 1,600 feet MSL That airspace extending upward from the established body of technical within a 4.4-mile radius of Destin Executive surface, to and including 2,500 feet MSL Airport, excluding that portion north of the regulations for which frequent and ° ′ ″ within a 5.3-mile radius of Hurlburt Field; routine amendments are necessary to triangle beginning at lat. 30 23 39 N., long. excluding the portion northeast of a line 86°23′13″ W., to lat. 30°27′00″ N., long. keep them operationally current. It, ° ′ ″ ° ′ ″ connecting the 2 points of intersection with 86 30 19 W., to lat. 30 20 54 N., long. a 5.5-mile radius circle centered on Eglin therefore: (1) Is not a ‘‘significant 86°31′56″ W. This Class D airspace is regulatory action’’ under Executive AFB. This Class D airspace area is effective effective during the operating hours of the during the specific dates and times Order 12866; (2) is not a ‘‘significant Destin Executive Airport tower published in established in advance by a Notice to rule’’ under DOT Regulatory Policies the Airport/Facility Directory. The airspace is Airmen. The effective date and time will and Procedures (44 FR 11034; February incorporated into the Eglin Air Force Base, thereafter be continuously published in the 26, 1979); and (3) does not warrant FL Class D airspace when the tower is closed. airport/Facility Directory. preparation of a Regulatory Evaluation ASO FL D Eglin Air Force Base, FL Paragraph 6002 Class E Surface Area as the anticipated impact is so minimal. [Amended] Airspace. Since this is a routine matter that will Eglin Air Force Base, FL * * * * * only affect air traffic procedures and air (Lat. 30°29′00″ N., long. 86°31′34″ W.) navigation, it is certified that this Destin Executive Airport ASO FL E2 Crestview, FL [Amended] ° ′ ″ ° ′ ″ proposed rule, when promulgated, will (Lat. 30 24 00 N., long. 86 28 17 W.) Bob Sikes Airport, FL not have a significant economic impact Duke Field (Lat. 30°46′44″ N., long. 86°31′20″ W.) ° ′ ″ ° ′ ″ on a substantial number of small entities (Lat. 30 38 55 N., long. 86 31 19 W.) Duke Field, Eglin AFB Hurlburt Field (Lat. 30°38′55″ N., long. 86°31′19″ W.) under the criteria of the Regulatory ° ′ ″ ° ′ ″ Flexibility Act. (Lat. 30 25 44 N., long. 86 41 20 W.) Within a 4.2-mile radius of Bob Sikes That airspace extending upward from the Airport; excluding the portion south of a line Environmental Review surface to and including 2,600 feet MSL connecting the 2 points of intersection with within a 5.5-mile radius of Eglin AFB, and a 5.2-mile radius circle centered on Duke This proposal would be subject to an within a 4.4-mile radius of Destin Executive Field This Class E airspace area is effective environmental analysis in accordance Airport, excluding the portion north of a line during the specific dates and times with FAA Order 1050.1F, connecting the 2 points of intersection within established in advance by a Notice to ‘‘Environmental Impacts: Policies and a 5.2-mile radius centered on Duke Field; Airmen. The effective date and time will Procedures’’ prior to any FAA final excluding the portion southwest of a line thereafter be continuously published in the regulatory action. connecting the 2 points of intersection within Airport/Facility Directory. a 5.3-mile radius of Hurlburt Field; excluding Lists of Subjects in 14 CFR Part 71 a portion east of a line beginning at lat. Paragraph 6005 Class E Airspace Areas 30°30′43″ N., long. 86°26′21″ W. extending Extending Upward From 700 Feet or More Airspace, Incorporation by reference, east to the 5.5-mile radius of Eglin AFB. Above the Surface of the Earth. Navigation (air). When the tower at Destin Executive Airport * * * * * is operational, it excludes Destin’s Class D The Proposed Amendment airspace defined as that airspace south of the ASO FL E5 Eglin Air Force Base, FL triangle beginning at lat. 30°23′39″ N., long. [Amended] In consideration of the foregoing, the 86°23′13″ W. to lat. 30°27′00″ N., long. Eglin Air Force Base, FL Federal Aviation Administration 86°30′19″ W. to lat. 30°20′54″ N., long. (Lat. 30°29′00″ N., long. 86°31′34″ W.) proposes to amend 14 CFR part 71 as 86°31′56″ W. from the surface to and Destin Executive Airport follows: including 1,600 feet MSL. (Lat. 30°24′00″ N., long. 86°28′17″ W.)

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Duke Field except Federal holidays. The Docket Communications should identify both (Lat. 30°38′55″ N., long. 86°31′19″ W.) Office (telephone 1–800–647–5527), is docket numbers (FAA Docket No. FAA– Hurlburt Field ° ′ ″ ° ′ ″ on the ground floor of the building at 2016–3108; Airspace Docket No. 15– (Lat. 30 25 44 N., long. 86 41 20 W.) the above address. Fort Walton Beach Airport ASO–16) and be submitted in triplicate (Lat. 30°24′23″ N., long. 86°49′45″ W.) FAA Order 7400.9Z, Airspace to the Docket Management System (see Designations and Reporting Points, and That airspace extending upward from 700 ADDRESSES section for address and feet above the surface within a 7-mile radius subsequent amendments can be viewed phone number). You may also submit of Eglin Air Force Base, and within a 7.8-mile on line at http://www.faa.gov/airtraffic/ comments through the Internet at publications/. For further information, radius of Destin Executive Airport, and http://www.regulations.gov. within a 7-mile radius of Duke Field, and you can contact the Airspace Policy within a 7-mile radius of Hurlburt Field, Group, Federal Aviation Persons wishing the FAA to excluding a 1.5-mile radius of Fort Walton Administration, 800 Independence acknowledge receipt of their comments Beach Airport. Avenue SW., Washington, DC 29591; on this action must submit with those Issued in College Park, Georgia, on telephone: 202–267–8783. The Order is comments a self-addressed stamped February 23, 2016. also available for inspection at the postcard on which the following Ryan W. Almasy, National Archives and Records statement is made: ‘‘Comments to Acting Manager, Operations Support Group, Administration (NARA). For Docket No. FAA–2016–3108; Airspace Eastern Service Center, Air Traffic information on the availability of FAA Docket No. 15–ASO–16.’’ The postcard Organization. Order 7400.9Z at NARA, call 202–741– will be date/time stamped and returned [FR Doc. 2016–04491 Filed 3–2–16; 8:45 am] 6030, or go to http://www.archives.gov/ to the commenter. _ _ _ BILLING CODE 4910–13–P federal register/code of federal- regulations/ibr_locations.html. All communications received before FAA Order 7400.9, Airspace the specified closing date for comments DEPARTMENT OF TRANSPORTATION Designations and Reporting Points, is will be considered before taking action published yearly and effective on on the proposed rule. The proposal Federal Aviation Administration September 15. contained in this notice may be changed FOR FURTHER INFORMATION CONTACT: John in light of the comments received. A 14 CFR Part 71 Fornito, Operations Support Group, report summarizing each substantive [Docket No. FAA–2016–3108; Airspace Eastern Service Center, Federal Aviation public contact with FAA personnel Docket No. 15–ASO–16] Administration, P.O. Box 20636, concerned with this rulemaking will be Atlanta, Georgia 30320; telephone (404) filed in the docket. Proposed Establishment of Class E 305–6364. Availability of NPRMs Airspace; Harlan, KY SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation Authority for This Rulemaking An electronic copy of this document may be downloaded from and Administration (FAA), DOT. The FAA’s authority to issue rules comments submitted through http:// ACTION: Notice of proposed rulemaking regarding aviation safety is found in www.regulations.gov. Recently (NPRM). Title 49 of the United States Code. Subtitle I, Section 106 describes the published rulemaking documents can SUMMARY: This action proposes to also be accessed through the FAA’s Web establish Class E airspace at Harlan, KY, authority of the FAA Administrator. _ Subtitle VII, Aviation Programs, page at http://www.faa.gov/airports to accommodate new Area Navigation _ describes in more detail the scope of the airtraffic/air traffic/publications/ (RNAV) Global Positioning System airspace_amendments/. (GPS) Standard Instrument Approach agency’s authority. This rulemaking is Procedures (SIAPs) serving Tucker- promulgated under the authority You may review the public docket Guthrie Memorial Airport. Controlled described in Subtitle VII, Part A, containing the proposal, any comments Subpart I, Section 40103. Under that airspace is necessary for the safety and received, and any final disposition in section, the FAA is charged with management of instrument flight rules person in the Dockets Office (see the prescribing regulations to assign the use (IFR) operations at the airport. ADDRESSES section for address and of airspace necessary to ensure the DATES: Comments must be received on phone number) between 9:00 a.m. and safety of aircraft and the efficient use of 5:00 p.m., Monday through Friday, or before April 18, 2016. airspace. This regulation is within the except Federal Holidays. An informal ADDRESSES: Send comments on this rule scope of that authority as it would docket may also be examined between to: U.S. Department of Transportation, establish Class E airspace at Tucker- Docket Operations, 1200 New Jersey Guthrie Memorial Airport, Harlan, KY. 8:00 a.m. and 4:30 p.m., Monday Avenue SE., West Bldg Ground Floor, through Friday, except Federal Holidays Rm W12–140, Washington, DC 20590– Comments Invited at the office of the Eastern Service 0001; Telephone: 1–800–647–5527; Fax: Interested persons are invited to Center, Federal Aviation 202–493–2251. You must identify the comment on this rule by submitting Administration, Room 350, 1701 Docket Number FAA–2016–3108; such written data, views, or arguments, Columbia Avenue, College Park, Georgia Airspace Docket No. 15–ASO–16, at the as they may desire. Comments that 30337. beginning of your comments. You may provide the factual basis supporting the Persons interested in being placed on also submit and review received views and suggestions presented are a mailing list for future NPRM’s should comments through the Internet at particularly helpful in developing contact the FAA’s Office of Rulemaking, http://www.regulations.gov. You may reasoned regulatory decisions on the (202) 267–9677, to request a copy of review the public docket containing the proposal. Comments are specifically Advisory Circular No. 11–2A, Notice of proposal, any comments received, and invited on the overall regulatory, Proposed Rulemaking distribution any final disposition in person in the aeronautical, economic, environmental, Dockets Office between 9:00 a.m. and and energy-related aspects of the System, which describes the application 5:00 p.m., Monday through Friday, proposal. procedure.

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Availability and Summary of Lists of Subjects in 14 CFR Part 71 puncture skin to obtain a drop of blood Documents for Incorporation by Airspace, Incorporation by reference, for diagnostic purposes from class I Reference Navigation (air). (general controls) exempt from premarket notification into class II This document proposes to amend The Proposed Amendment FAA Order 7400.9Z, Airspace (special controls) and subject to Designations and Reporting Points, In consideration of the foregoing, the premarket review: Single use only blood dated August 6, 2015, and effective Federal Aviation Administration lancets with an integral sharps injury September 15, 2015. FAA Order proposes to amend 14 CFR part 71 as prevention feature, single use only 7400.9Z is publicly available as listed in follows: blood lancets without an integral sharps injury prevention feature, and multiple the ADDRESSES section of this document. PART 71—DESIGNATION OF CLASS A, FAA Order 7400.9Z lists Class A, B, C, use blood lancets for single patient use B, C, D, AND E AIRSPACE AREAS; AIR D, and E airspace areas, air traffic only. FDA is identifying proposed TRAFFIC SERVICE ROUTES; AND service routes, and reporting points. special controls for these types of blood REPORTING POINTS lancets that we believe are necessary to The Proposal provide a reasonable assurance of safety ■ 1. The authority citation for Part 71 and effectiveness. FDA is also proposing The FAA is considering an continues to read as follows: amendment to Title 14, Code of Federal to reclassify multiple use blood lancets Regulations (14 CFR) part 71 to establish Authority: 49 U.S.C. 106(f), 106(g); 40103, for multiple patient use from class I Class E airspace extending upward from 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (general controls) exempt from 1959–1963 Comp., p. 389. 700 feet above the surface within a 13- premarket notification into class III mile radius of Tucker-Guthrie Memorial § 71.1 [Amended] (premarket approval). FDA is proposing the reclassification of these four types of Airport, Harlan, KY, providing the ■ 2. The incorporation by reference in blood lancets on its own initiative based controlled airspace required to support 14 CFR 71.1 of Federal Aviation on new information. the new RNAV (GPS) standard Administration Order 7400.9Z, Airspace instrument approach procedures for Designations and Reporting Points, DATES: Submit either electronic or Tucker-Guthrie Memorial Airport. dated August 6, 2015, effective written comments on the proposed Controlled airspace is necessary for IFR September 15, 2015, is amended as order by June 1, 2016. Submit comments operations. follows: on information collection issues under Class E airspace designations are the Paperwork Reduction Act of 1995 published in Paragraph 6005, of FAA Paragraph 6005 Class E Airspace Areas (PRA) by April 4, 2016, (see the Extending Upward From 700 Feet or More ‘‘Paperwork Reduction Act of 1995’’ Order 7400.9Z, dated August 6, 2015, Above the Surface of the Earth. and effective September 15, 2015, which section of this document). See section X is incorporated by reference in 14 CFR * * * * * of the SUPPLEMENTARY INFORMATION 71.1. The Class E airspace designation ASO KY E Harlan, KY [New] section of this document for the listed in this document will be Tucker-Guthrie Memorial Airport, KY proposed effective date of any final published subsequently in the Order. (Lat. 36°51′36″ N., long. 83°21′31″ W.) order that may publish based on this proposal. Regulatory Notices and Analyses That airspace extending upward from 700 feet above the surface within a 13-mile radius ADDRESSES: You may submit comments The FAA has determined that this of Tucker-Guthrie Memorial Airport. as follows: proposed regulation only involves an Issued in College Park, Georgia, on Electronic Submissions established body of technical February 23, 2016. regulations for which frequent and Ryan W. Almasy, Submit electronic comments in the routine amendments are necessary to following way: Acting Manager, Operations Support Group, • keep them operationally current. It, Eastern Service Center, Air Traffic Federal eRulemaking Portal: http:// therefore; (1) is not a ‘‘significant Organization. www.regulations.gov. Follow the regulatory action’’ under Executive [FR Doc. 2016–04496 Filed 3–2–16; 8:45 am] instructions for submitting comments. Order 12866; (2) is not a ‘‘significant Comments submitted electronically, BILLING CODE 4910–13–P rule’’ under DOT Regulatory Policies including attachments, to http:// and Procedures (44 FR 11034; February www.regulations.gov will be posted to 26, 1979); and (3) does not warrant the docket unchanged. Because your DEPARTMENT OF HEALTH AND preparation of a Regulatory Evaluation comment will be made public, you are HUMAN SERVICES as the anticipated impact is so minimal. solely responsible for ensuring that your Since this is a routine matter that will Food and Drug Administration comment does not include any only affect air traffic procedures and air confidential information that you or a navigation, it is certified that this 21 CFR Part 878 third party may not wish to be posted, proposed rule, when promulgated, will such as medical information, your or not have a significant economic impact [Docket No. FDA–2016–N–0400] anyone else’s Social Security number, or on a substantial number of small entities confidential business information, such General and Plastic Surgery Devices; under the criteria of the Regulatory as a manufacturing process. Please note Reclassification of Blood Lancets Flexibility Act. that if you include your name, contact information, or other information that Environmental Review AGENCY: Food and Drug Administration, HHS. identifies you in the body of your This proposal would be subject to an ACTION: Proposed order. comments, that information will be environmental analysis in accordance posted on http://www.regulations.gov. with FAA Order 1050.1F, SUMMARY: The Food and Drug • If you want to submit a comment ‘‘Environmental Impacts: Policies and Administration (FDA or the Agency) is with confidential information that you Procedures’’ prior to any FAA final proposing to reclassify the following do not wish to be made available to the regulatory action. three types of blood lancets used to public, submit the comment as a

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written/paper submission and in the Docket: For access to the docket to such assurance, but because the devices manner detailed (see ‘‘Written/Paper read background documents or the are not purported or represented to be Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments for a use in supporting or sustaining received, go to http:// human life or for a use which is of Written/Paper Submissions www.regulations.gov and insert the substantial importance in preventing Submit written/paper submissions as docket number, found in brackets in the impairment of human health, and do follows: heading of this document, into the not present a potential unreasonable • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts risk of illness or injury, are to be written/paper submissions): Division of and/or go to the Division of Dockets regulated by general controls (section Dockets Management (HFA–305), Food Management, 5630 Fishers Lane, Rm. 513(a)(1)(A) of the FD&C Act). Class II and Drug Administration, 5630 Fishers 1061, Rockville, MD 20852. devices are those devices for which Lane, Rm. 1061, Rockville, MD 20852. • Submit comments on information general controls by themselves are For written/paper comments collection issues to the Office of insufficient to provide reasonable submitted to the Division of Dockets Management and Budget (OMB) in the assurance of safety and effectiveness, Management, FDA will post your following ways: but for which there is sufficient comment, as well as any attachments, • Fax to the Office of Information and information to establish special controls except for information submitted, Regulatory Affairs, OMB, Attn: FDA to provide such assurance, including the marked and identified, as confidential, Desk Officer, FAX: 202–395–7285, or promulgation of performance standards, if submitted as detailed in email to [email protected]. postmarket surveillance, patient ‘‘Instructions.’’ All comments should be identified with Instructions: All submissions received registries, development and the title, ‘‘General and Plastic Surgery must include the Docket No. FDA– dissemination of guidelines, Devices; Reclassification of Blood 2016–N–0400 for ‘‘General and Plastic recommendations, and other Lancets.’’ Surgery Devices; Reclassification of appropriate actions the Agency deems Blood Lancets.’’ Received comments FOR FURTHER INFORMATION CONTACT: necessary to provide such assurance will be placed in the docket and, except Joshua Nipper, Center for Devices and (section 513(a)(1)(B) of the FD&C Act). for those submitted as ‘‘Confidential Radiological Health, Food and Drug Class III devices are those devices for Submissions,’’ publicly viewable at Administration, 10903 New Hampshire which insufficient information exists to http://www.regulations.gov or at the Ave., Bldg. 66, Rm. G422, Silver Spring, determine that general controls and Division of Dockets Management MD 20993–0002, 301–796–6524; or special controls would provide a between 9 a.m. and 4 p.m., Monday Stephen Ripley, Center for Biologics reasonable assurance of safety and through Friday. Evaluation and Research (HFM–17), effectiveness, and are purported or • Confidential Submissions—To Food and Drug Administration, 10903 represented for a use in supporting or submit a comment with confidential New Hampshire Ave., Bldg. 71, Rm. sustaining human life or for a use which information that you do not wish to be 7301, Silver Spring, MD 20993–0002, is of substantial importance in made publicly available, submit your 240–402–7911. preventing impairment of human comments only as a written/paper SUPPLEMENTARY INFORMATION: health, or present a potential submission. You should submit two unreasonable risk of illness or injury copies total. One copy will include the I. Background (section 513(a)(1)(C) of the FD&C Act). information you claim to be confidential The Federal Food, Drug, and Cosmetic Under section 513(d)(1) of the FD&C with a heading or cover note that states Act (the FD&C Act), as amended, Act, devices that were in commercial ‘‘THIS DOCUMENT CONTAINS established a comprehensive system for distribution before the enactment of the CONFIDENTIAL INFORMATION.’’ The the regulation of medical devices 1976 amendments, May 28, 1976 Agency will review this copy, including intended for human use. Section 513 of (generally referred to as the claimed confidential information, in the FD&C Act (21 U.S.C. 360c) ‘‘preamendments devices’’), are its consideration of comments. The established three categories (classes) of classified after FDA: (1) Receives a second copy, which will have the devices, reflecting the regulatory recommendation from a device claimed confidential information controls needed to provide reasonable classification panel (an FDA advisory redacted/blacked out, will be available assurance of their safety and committee); (2) publishes the panel’s for public viewing and posted on effectiveness. The three categories of recommendation for comment, along http://www.regulations.gov. Submit devices are class I (general controls), with a proposed regulation classifying both copies to the Division of Dockets class II (special controls), and class III the device; and (3) publishes a final Management. If you do not wish your (premarket approval). regulation classifying the device. FDA name and contact information to be Section 513(a)(1) of the FD&C Act has classified most preamendments made publicly available, you can defines the three classes of devices. devices under these procedures. provide this information on the cover Class I devices are those devices for Devices that were not in commercial sheet and not in the body of your which the general controls of the FD&C distribution before May 28, 1976 comments and you must identify this Act (controls authorized by or under (generally referred to as information as ‘‘confidential.’’ Any section 501, 502, 510, 516, 518, 519, or ‘‘postamendments devices’’) are information marked as ‘‘confidential’’ 520 (21 U.S.C. 351, 352, 360, 360f, 360h, classified automatically by section will not be disclosed except in 360i, or 360j) or any combination of 513(f) of the FD&C Act into class III accordance with 21 CFR 10.20 and other such sections) are sufficient to provide without any FDA rulemaking process. applicable disclosure law. For more reasonable assurance of safety and Those devices remain in class III and information about FDA’s posting of effectiveness; or those devices for which require premarket approval, unless and comments to public dockets, see 80 FR insufficient information exists to until: FDA reclassifies the device into 56469, September 18, 2015, or access determine that general controls are class I or II; or FDA issues an order the information at: http://www.fda.gov/ sufficient to provide reasonable finding the device to be substantially regulatoryinformation/dockets/ assurance of safety and effectiveness or equivalent, in accordance with section default.htm. to establish special controls to provide 513(i) of the FD&C Act, to a predicate

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device that does not require premarket changes in ‘‘medical science.’’ (See (primarily hepatitis B virus [HBV]) approval. The Agency determines Upjohn v. Finch, 422 F.2d at 951.) resulting from the shared use of whether new devices are substantially Whether data before the Agency are past fingerstick and POC [or ‘Point of Care’] equivalent to previously marketed or new data, the ‘‘new information’’ to blood testing devices.’’ FDA and CDC devices by means of premarket support reclassification under section recommended, among other things, that notification procedures in section 510(k) 513(e) must be ‘‘valid scientific health care professionals and patients of the FD&C Act (21 U.S.C. 360(k)) and evidence,’’ as defined in section never use a blood lancet for more than part 807 of the regulations (21 CFR part 513(a)(3) of the FD&C Act and 21 CFR one person. 807). A person may market a 860.7(c)(2). (See, e.g., General Medical On November 29, 2010, FDA preamendments device that has been Co. v. FDA, 770 F.2d 214 (D.C. Cir. published a guidance entitled classified into class III through 1985); Contact Lens Mfrs. Assoc. v. FDA, ‘‘Guidance for Industry and Food and premarket notification procedures 766 F.2d 592 (D.C. Cir. 1985), cert. Drug Administration Staff; Blood Lancet without submission of a PMA until FDA denied, 474 U.S. 1062 (1985).) Labeling’’ (75 FR 73107) (Ref. 2). This issues a final order under section 515(b) guidance includes labeling II. Regulatory History of the Device of the FD&C Act (21 U.S.C. 360e(b)) recommendations to address concerns requiring premarket approval. Blood lancets were classified in part that both health care providers and On July 9, 2012, Congress enacted the 878 (21 CFR part 878) in a final rule patients may be unaware of the serious Food and Drug Administration Safety published in the Federal Register on adverse health risks associated with and Innovation Act (FDASIA). Section June 24, 1988 (53 FR 23856) that using the same blood lancet for assisted 608(a) of FDASIA amended section classified 51 general and plastic surgery withdrawal of blood from more than one 513(e) of the FD&C Act, changing the devices. This 1988 rule classified blood patient, even when the blood lancet reclassification process from rulemaking lancets into class I (general controls). blade is changed for each blood draw. to administrative order. Section These devices were grouped with other FDA recommends in the guidance that 513(e)(1) of the FD&C Act sets forth the devices under ‘‘Manual surgical all blood lancets be labeled for use only process for issuing a final order. instrument for general use’’ in on a single patient. FDA recommends in Specifically, prior to the issuance of a § 878.4800 (21 CFR 878.4800). At the the guidance that a statement limiting final order reclassifying a device, the time, blood lancets had been in common use to a single patient should also following must occur: Publication of a use in medical practice for many years, appear on the label attached to the proposed order in the Federal Register, and FDA believed that general controls device, if possible. The guidance was for a meeting of a device classification were sufficient to provide reasonable immediate implementation. When final, panel described in section 513(b) of the assurance of the safety and effectiveness this order will supersede this labeling FD&C Act, and consideration of of those devices. The rule was amended guidance. comments to a public docket. The on April 5, 1989 (54 FR 13826) to clarify On June 26, 2013, FDA held a meeting proposed reclassification order must set that manual surgical instruments for of the General and Plastic Surgery forth the proposed reclassification and a general use made of the same materials Devices Panel of the Medical Devices substantive summary of the valid as used in preamendment devices were Advisory Committee (the Panel) to scientific evidence concerning the exempt from premarket notification discuss the potential reclassification of proposed reclassification, including the 510(k) review. blood lancets (Ref. 3). The Panel public health benefits of the use of the On December 7, 1994, FDA further discussed new scientific information device, and the nature and incidence (if amended the classification when it (see section VII of this document), the known) of the risk of the device. (See published a final rule in the Federal risks to health from blood lancets, section 513(e)(1)(A)(i) of the FD&C Act.) Register (59 FR 63005) that exempted whether blood lancets should be Section 513(e)(1) provides that FDA 148 class I devices from premarket reclassified or remain in class I, and may, by administrative order, reclassify notification, with limitations. Blood possible special controls for these a device based on ‘‘new information.’’ lancets were one of those devices. FDA devices if reclassified into class II. The FDA can initiate a reclassification under determined that manufacturers’ Panel agreed that general controls were section 513(e) or an interested person submissions of premarket notifications not sufficient to provide a reasonable may petition FDA. The term ‘‘new were unnecessary for the protection of assurance of safety and effectiveness of information,’’ as used in section 513(e) the public health and that FDA’s review any of the four types of blood lancets of the FD&C Act, includes information of such submissions would not advance (the four types are explained in section developed as a result of a reevaluation its public health mission. III). The Panel believed that because of the data before the Agency when the On August 26, 2010, FDA and the multiple use blood lancets for multiple device was originally classified, as well Centers for Disease Control and patient use presented a potential as information not presented, not Prevention (CDC) issued a joint initial unreasonable risk of illness or injury, available, or not developed at that time. communication warning that the use of and insufficient information existed to (See, e.g., Holland-Rantos v. United fingerstick devices (blood lancets) to establish special controls for these States Dep’t of Health, Educ. & Welfare, obtain blood from more than one patient devices, they should be reclassified into 587 F.2d 1173, 1174 n.1 (D.C. Cir. 1978); posed a risk of transmitting bloodborne class III. The Panel recommended that Upjohn v. Finch, 422 F.2d 944 (6th Cir. pathogens. The communication was all other blood lancet devices be 1970); Bell v. Goddard, 366 F.2d 177 updated on November 29, 2010 (Ref. 1). reclassified into class II (special (7th Cir. 1966).) FDA’s communication update, ‘‘Use of controls). FDA is not aware of new Reevaluation of the data previously Fingerstick Devices on More Than One information since this Panel meeting before the Agency is an appropriate Person Poses Risk for Transmitting that would provide a basis for a basis for subsequent regulatory action Bloodborne Pathogens: Initial different recommendation or findings. where the reevaluation is made in light Communication: Update 11/29/2010’’ of newly available regulatory authority stated that ‘‘[o]ver the past 10–15 years, III. Device Description (see Bell v. Goddard, 366 F.2d at 181; the CDC and FDA have noted a A blood lancet is used to puncture the Ethicon, Inc. v. FDA, 762 F.Supp. 382, progressive increase in reports of skin to obtain small blood specimens for 389–91 (D.D.C. 1991)), or in light of bloodborne infection transmission testing blood glucose, hemoglobin, and

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other blood components. Some blood patient use only. FDA believes that reduction of bloodborne pathogens to a lancets are used with POC blood testing general controls by themselves are clinically acceptable level between each devices, such as blood glucose meters insufficient to provide reasonable use in a different patient in order to be and Prothrombin Time and assurance of safety and effectiveness for safe for this intended use. The cleaning International Normalized Ratio (PT/INR) these devices, and that there is and disinfection/sterilization process to anticoagulation meters. Today, probably sufficient information to establish be used to render a multiple use blood the most common use for a blood lancet special controls to provide such lancet safe for use in multiple patients is in diabetes monitoring. These devices assurance. would need to be effective in spite of are used in both home and professional The Food and Drug Administration potential health care provider health care settings. Only a small blood Modernization Act (FDAMA) (Pub. L. noncompliance with manufacturer’s sample is needed for testing of blood 105–115) added section 510(m) to the Instructions for Use. More importantly, glucose level. The blood sample is FD&C Act. Section 510(m) of the FD&C the multiple use blood lancet for use in dropped onto a test strip and inserted Act provides that a class II device may multiple patients would need to be into a blood glucose meter for results. be exempted from the premarket designed such that repeat operation of FDA has identified four subsets of notification requirements under section the device is not possible until the blood lancets: 510(k) of the FD&C Act, if the Agency device has been thoroughly cleaned and 1. A single use only blood lancet with determines that premarket notification disinfected, using validated processes, an integral sharps injury prevention is not necessary to assure the safety and by the health care user. Such a feature is a disposable blood lancet effectiveness of the device. The Agency mechanism is necessary to prevent intended for a single use that is does not intend to exempt these devices health care providers, especially those comprised of a single use blade attached from premarket notification (510(k)) working in facilities that provide to a solid, non-reusable base (including submission as allowed under section relatively little staff education or an integral sharps injury prevention 510(m) of the FD&C Act. FDA believes supervision, such as assisted living feature) that is used to puncture the skin premarket notification is necessary for facilities (ALF), from failing to comply to obtain a drop of blood for diagnostic these devices to provide a reasonable with manufacturer recommendations purposes. The integral sharps injury assurance of safety and effectiveness. regarding rendering multiple patient use prevention feature allows the device to B. Multiple Patient Use Blood Lancets blood lancets safe for use in more than be used once and then renders it one patient. Therefore, the safety of the inoperable and incapable of further use; FDA is proposing that a fourth subset multiple use blood lancets for multiple 2. A single use only blood lancet of blood lancets, multiple use blood patients, especially the effectiveness of without an integral sharps injury lancets for multiple patient use, be their design and reprocessing prevention feature is a disposable blood reclassified from class I (general instructions to render the device safe for controls) without premarket review to lancet intended for a single use that is use on more than one patient and the class III (premarket approval). FDA comprised of a single use blade attached ability of health care providers to follow believes that insufficient information to a solid, non-reusable base that is used these instructions completely, must be exists to determine that general controls to puncture the skin to obtain a drop of rigorously demonstrated, independently and special controls would provide a blood for diagnostic purposes; of any other blood lancet. Because blood reasonable assurance of safety and 3. A multiple use blood lancet for lancets for use on multiple patients effectiveness for these devices, which single patient use only is a multiple use present a potential unreasonable risk of present a potential unreasonable risk of capable blood lancet intended for use on illness or injury and insufficient illness or injury (see section 513(a)(1)(C) a single patient that is comprised of a information exists for FDA to determine of the FD&C Act). that special controls would provide single use blade attached to a solid, Elsewhere in this issue of the Federal reusable base that is used to puncture reasonable assurance of safety and Register, FDA is proposing to require effectiveness of the device, the Agency the skin to obtain a drop of blood for the filing of a PMA or notice of diagnostic purposes; and believes that these devices should be completion of a product development reclassified into class III. 4. A multiple use blood lancet for protocol (PDP) for these devices, which multiple patient use is a multiple use will be finalized only if FDA reclassifies V. Public Health Benefits and Risks to capable blood lancet intended for use on multiple use blood lancets for multiple Health multiple patients that is comprised of a patient use to class III. As required by section 513(e)(1)(A)(I) single use blade attached to a solid, FDA continues to believe that of the FD&C Act, FDA is providing a reusable base that is used to puncture multiple use blood lancets for use in substantive summary of the valid the skin to obtain a drop of blood for multiple patients present significant scientific evidence regarding the public diagnostic purposes. risks to public health. Specifically, health benefit of blood lancets, and the IV. Proposed Reclassification multiple patient use blood lancets pose nature and, if known, the incidence of a risk of transmission of bloodborne the risk of the devices. Since the 1990s, A. Single Patient Use Only Blood pathogen infections, including HBV and because of outbreaks of HBV infections Lancets hepatitis C. Bloodborne pathogens may associated with blood lancets and FDA is proposing to reclassify the be transmitted between patients by meters used in blood glucose following three subsets of blood lancets blood or blood products taken from a monitoring, CDC and FDA have from class I (general controls) exempt patient with a transmissible infection. recommended that blood lancets should from premarket review to class II FDA believes that certain design be limited to one individual’s use (Refs. (special controls) and subject to characteristics would be required to 1 and 4 to 6). Nevertheless, there have premarket review: (1) Single use only help mitigate these risks. For example, been continuing reports of bloodborne blood lancets with an integral sharps multiple use blood lancets for use in pathogen transmission from the shared injury prevention feature, (2) single use multiple patients would need to be use of blood lancets. Improper use of only blood lancets without an integral designed to allow for rigorous, thorough blood lancets can endanger public sharps injury prevention feature, and (3) cleaning plus a disinfection or health, and FDA is concerned about the multiple use blood lancets for single sterilization process capable of persistent risk of transmission of

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hepatitis and other bloodborne C. Local Tissue Infections VII. Summary of Data Upon Which the pathogens when blood lancets are used Reclassification Is Based to obtain blood from more than one Human skin always carries a population of bacteria and often fungi FDA uses the bloodborne pathogens patient in health care settings. Certain definition in 29 CFR 1910.1030(b). (normal skin flora), which causes no bloodborne pathogens, such as HBV, are Bloodborne pathogens, such as HBV, problem for the host when skin is intact. very stable at ambient temperatures and may be transmitted between patients by However, puncture injuries to the skin HBV infected patients, who often lack blood and certain body fluids (Ref. 32). clinical symptoms of hepatitis, can have by sharp objects such as blood lancet Since HBV-infected patients, who often high concentrations of HBV in their blades can carry these microbes into the lack clinical symptoms of hepatitis, blood or body fluids, thus serving as normally sterile tissue below the skin. have high concentrations of HBV in unsuspected sources of the infectious Such injuries have the potential to cause their blood and HBV is stable at ambient agent available for transmission to other local skin/soft tissue infections. temperatures, transmission of HBV may patients when blood lancets are misused D. Adverse Tissue Reaction (Not result from exposure to equipment that (Refs. 7 to 32). has not been adequately disinfected or These findings were discussed by the Infection) by the misuse of ‘‘single use only’’ June 26, 2013, General and Plastic Tissue contact with some materials, medical devices (e.g., needles and Surgery Devices Panel. The Panel agreed metals, and material colorants can cause syringes) (Ref. 33). that the risks to health identified in this skin inflammation, irritation, or The history of recognized bloodborne section are applicable to blood lancet pathogen transmission by blood lancets devices, particularly the risk of cross- exanthems (rashes). These reactions may be due to either hypersensitivity to may have started in 1923 when an contamination between patients when outbreak of jaundice occurred in the the same lancet is used on multiple a specific compound/metal or to a non- specific reaction. Goteborg Hospital diabetic clinic in patients (Ref. 3). Sweden, which was described by After considering the information VI. Summary of Reasons for Schmid, et al. (Ref. 10). All patients had discussed by the Panel and in published Reclassification blood drawn for glucose testing from literature, as well as medical device their ear lobes by a spring-activated reports relating to blood lancets, and FDA believes that blood lancets for ‘‘Schnepper’’ device, which was cleaned reported outbreaks of various use on a single patient only should be ‘‘perfunctorily’’ between uses. As a bloodborne pathogen infections, FDA reclassified into class II because special result, 26 clinic patients developed believes that the risks to health controls, in addition to general controls, jaundice. Outbreaks of hepatitis in associated with the use of blood lancets can be established to provide reasonable English diabetic patients were described are (1) bloodborne pathogen assurance of safety and effectiveness of by Graham in 1938 (Ref. 11) and by transmission, (2) sharp object injuries, the device. FDA further believes that Droller in 1945 (Ref. 12). In both of (3) local tissue infections, and (4) blood lancets for use on multiple these outbreaks, venous blood for adverse tissue reaction (not infection). patients should be reclassified into class glucose measurement was drawn using The June 26, 2013, Panel also believed III because multiple patient use blood syringes that were only chemically that these were the risks for the device lancets present a potential unreasonable disinfected between uses while the (Ref. 3). risk of illness or injury and insufficient needles were boiled; cleaning A. Bloodborne Pathogen Transmission information exists for FDA to determine procedures were not mentioned in the Bloodborne pathogens such as HBV, that special controls would provide reports. Syringes and needles are now hepatitis C virus, and potentially any reasonable assurance of safety and single-use-only devices because the other pathogen present in the effectiveness of the device. procedures used to reprocess these bloodstream of a patient can be The June 26, 2013 reclassification devices many years ago have long been transmitted from one patient to another Panel recommended that single patient recognized to be inadequate, resulting in by the following mechanisms: blood lancets be reclassified into class II outbreaks of hepatitis transmission (Ref. • Reuse of the same lancet blade to and multiple patient blood lancets into 10). There were also two case reports, in 1985 and 1997, of the transmission of draw blood from more than one patient class III. The Panel did not believe that HBV infection due to sharing personal or general controls alone were sufficient to • use blood lancets for home glucose Failure/inability to adequately ensure the safety and effectiveness of clean the base of a multiple use blood monitoring with one other person who blood lancets. The Panel believed that already had HBV. One report was from lancet resulting in the blood special controls could be established to contamination of the next ‘‘new’’ lancet the United States and one was from provide reasonable assurance of the blade when blood is drawn from more Hungary (Refs. 13 and 14). In addition, safety and effectiveness of single use than one patient. Mendez et al. reported a 75-year-old blood lancets, with and without integral patient with diabetes who died of acute B. Sharp Object Injuries sharps injury prevention features, and hepatitis, whose only risk factor for The blade of a blood lancet device is multiple use lancets for single patients, HBV infection appeared to be her designed to pierce the skin and draw but that special controls could not be diabetic care at a local outpatient blood. Except when the used lancet established to provide reasonable facility where she had repeated blade is immediately and automatically assurance of safety and effectiveness for fingersticks for blood glucose covered by a sharps safety feature, multiple use lancets for multiple monitoring (Ref. 15). which renders the blade inaccessible, patients. Hence, the Panel agreed that During the 1990s, several bloodborne the exposed sharp blade of a blood blood lancets for use on a single patient pathogen transmission issues led to CDC lancet presents a puncture hazard to only should be reclassified into class II and FDA involvement. In 1990, CDC anyone coming in contact with it. Blade (special controls), and multiple use learned of a nosocomial outbreak of exposure can result due to either the lancets for multiple patients should be HBV transmission due to the use of a lack of a sharps safety feature or device reclassified into class III (premarket spring-loaded lancet device whose breakage. approval). disposable platform was not removed

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and discarded after each use of the use only ‘‘platforms’’ as well as single hospital staff of a disposable lancet end device while it was used for the care of use only blades; the devices were to be cap with the lancet in multiple patients multiple patients (Ref. 4).1 CDC reported cleaned and disinfected per the was identified as the probable cause of this outbreak to FDA; FDA then issued manufacturer’s instructions (Refs. 4 and hepatitis cross-transmission to patients; a safety alert warning users of the 5). The 1990 FDA Safety Alert also contamination of the lancet wound from precautions needed for the safe use of advised ‘‘Devices [blood lancets] blood on unchanged gloves worn by this device (Ref. 5). This was the first without a removable platform should nurses during collection of blood reported outbreak of HBV transmission only be used with one patient in the samples from multiple patients may also associated with the use of a blood lancet hospital or outpatient setting. After the have contributed to the nosocomial device in the United States (Refs. 5 and patient is discharged, the device may be transmission of HBV in this outbreak. 7). reused only if it is disinfected according CDC reviewed the incidence of CDC’s outbreak investigation revealed to the manufacturer’s instructions. If reported outbreaks of HBV and hepatitis that a patient who had diabetes and also there are no instructions for C infection in nonhospital health care a chronic HBV infection caused by a disinfection, the device should be settings between 1998 and 2008 and relatively rare viral subtype was discarded.’’ noted a significant increase in such admitted to the outbreak ward in 1989. Since 1990, the incidence of diabetes nosocomial transmission of bloodborne Twelve of the 23 patients who acquired mellitus has increased significantly in pathogens (Refs. 18 to 21). N.D. HBV after admission to the same ward the United States, especially in adults Thompson et al. identified 33 outbreaks as the chronic HBV source patient were aged 65–79 (Refs. 34 and 35). At the of nosocomial hepatitis transmission in serotyped, and all were found to have same time, clinical practice in the care nonhospital health care settings (Ref. the same viral subtype causing their of these patients increasingly 18). Of these 33 outbreaks, 15 were HBV infections. The first nosocomially emphasized the need for improved found to be due to blood glucose infected patient had a very long-term blood glucose level control, resulting in monitoring in long-term care facilities. stay on the ward and so served as a the increased use of POC blood glucose Only half of these outbreak source of transmission to other patients monitoring both in health care facilities investigations were published in the over a period of 12 months. Twenty of and at home (Refs. 36 to 38). scientific literature; the others were the 23 outbreak patients had diabetes; Unfortunately, along with the increased recognized by health department they and the three other case-patients all incidence of diabetes has come a investigations and reports to CDC. In 9 experienced numerous POC fingerstick progressive increase in the reports of of the 15 outbreaks of nosocomial blood draws with the same type of bloodborne infection transmission hepatitis in patients with diabetes, blood lancet while hospitalized on the (primarily HBV), resulting from the blood lancet devices were shared among outbreak ward. The implicated blood shared use of fingerstick and POC blood multiple patients. In two additional lancet device included a disposable testing devices (Ref. 1). In 2011, the CDC outbreaks, lancets were not noted to be platform to stabilize the patient’s finger; reported that 25 of 29 outbreaks of HBV shared, but blood-soiled glucose meters the single use lancet blade penetrated a infection occurring in long-term care were stored together with lancets hole in that platform to reach the facilities since 1996 involved adults without cleaning/disinfection of the patient’s skin. Half the ward nursing with diabetes receiving assisted blood devices and gloves were not regularly staff who performed fingersticks with glucose monitoring (Ref. 39). changed between each patient. These this lancet acknowledged not changing In 1997, CDC reported two outbreaks failures of proper infection control the device platform with each use of the of HBV transmission, one in a nursing practice could have led to blood lancet. A similar outbreak of hepatitis home in Ohio and one in a hospital in contamination of individual blood transmission was reported in 1990 in New York City (NYC) (Ref. 16). Two lancets in these two facilities. France in which a similar blood lancet different blood lancet devices were used N.D. Thompson et al. also device was implicated. Douvin et al. at the two sites. However, both lancet investigated blood glucose monitoring (Ref. 8) reported that examination of the devices included the use of an ‘‘end practices in long-term care facilities in device implicated in the French cap’’ that came in contact with patient Pinellas County, FL, in 2007 and found outbreak showed visible blood skin. This was a separate, individual use that 22 percent of the participating contamination of the lancet platform in component of the lancet device used in facilities that used reusable fingerstick 24 percent of studied uses of that Ohio; the nursing home was reusing devices used them in multiple patients device. Shier et al. (Ref. 9) reported in both the lancet and the cap for multiple (Ref. 22). Patel et al. reported in 2009 on 1993 that the use of another spring- patients. The end cap was a part of the the efforts of the Virginia Department of loaded lancet device in a volunteer disposable, single use only lancet blade Health to improve blood glucose study of blood glucose levels resulted in assembly in the device used in NYC. monitoring practices in ALFs in Virginia visible blood contamination on 29 The exact mechanism of blood (Ref. 23). This effort followed two percent of the device end caps. This transmission was not entirely clear in separate outbreaks of HBV infections in device was intended for ‘‘personal’’ use the NYC setting; staff claimed they had two ALFs. In those outbreaks, one of the only. discarded the end cap after each use. three acutely symptomatic initial As a result of the 1990 outbreak of CDC postulated that either blood- patients died of HBV infection. Of 68 HBV transmission due to blood lancet contaminated nurses gloves worn for the patients undergoing blood glucose use in the United States, FDA and CDC care of multiple patients or the pen-like monitoring in these 2 facilities, a total recommended that spring-loaded blood lancet-holding device itself might have of 11 patients acquired HBV infection. lancet devices should have only single been the source of the blood cross- Both facilities used reusable blood contamination of the lancet. A similar lancets to obtain blood from multiple 1 Hepatitis B and hepatitis C infections, as well outbreak was reported by Quale et al. in patients and did not clean or disinfect as other bloodborne infections such as HIV 1998 from a hospital in New York (Ref. them between uses. The Virginia infection, are reported to State health departments 17). The recognition of 3 cases of Department of Health then mailed an and, by them, to CDC; FDA does not usually receive such reports directly from health care facilities or nosocomially acquired HBV infection educational packet on safe blood personnel, even when a medical device has resulted in an investigation that glucose monitoring practices to all ALFs transmitted the infection. uncovered another 11 cases. Reuse by (640) in the State. A random sample of

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ALFs was contacted after the episode occurred at a community health the finger. These devices were shared educational intervention and invited to fair in which physician assistant among patients between 1986 and 1992 participate in a survey to evaluate the students were offering diabetes during repeated admissions to the response to the educational packet. The screening. During the fair, the students inpatient unit. After 1992, patients were results found that 16 percent of the realized that the lancet blades had not supposed to use only their own lancet facilities that used lancets to monitor been advanced properly so that each devices for blood glucose monitoring. blood glucose levels were still using patient received a new blade. The first The retrospective prevalence of prior these devices to obtain blood from episode exposed 283 patients to a hepatitis C infection was found to be 58 multiple patients. contaminated lancet blade; the second percent in patients with cystic fibrosis Y.G. McIntosh et al. investigated incident exposed approximately 60 and 17 percent in patients with diabetes outbreaks of nosocomial HBV patients. The results of the patient in 1994. At the time (1994), the transmission in four ALFs between 2009 notification studies were not reported. prevalence of antibody to hepatitis C in and 2011 and found that in all four As a result of this significant increase the general public in France was 1.1 facilities, pen-style lancets were used to in such nosocomial transmission of percent. The patients with cystic obtain blood for glucose monitoring bloodborne pathogens, on August 26, fibrosis had more frequent and longer from multiple patients even though two 2010, FDA and the CDC issued a Safety admissions to the inpatient ward and facilities provided each patient with Communication (Ref. 1) and a Clinical more of the exposed cystic fibrosis dedicated ‘‘single patient use only pen- Reminder (Ref. 6), respectively, warning patients (66.7 percent) were screened for style lancets’’ according to their policies that the use of blood lancets to obtain hepatitis C infection than were the (Ref. 24). Z. Moore et al. reported blood from more than one patient risks patients with diabetes admitted to the another outbreak of nosocomial HBV the transmission of bloodborne inpatient ward during the exposure transmission in an ALF in North pathogen infections from one patient to period (39.5 percent). These factors may Carolina in 2010 in which blood lancet other patients. Both FDA and CDC have influenced the apparent difference devices were shared among multiple recommended that blood lancets should in hepatitis C transmission in these two patients. Six of the eight elderly patients never be used to obtain blood from more groups of exposed patients. who acquired acute HBV in this than one patient. In addition, the In 2005, De Schrijver et al. described outbreak died from complications of Centers for Medicare and Medicaid an outbreak of acute HBV infection in a hepatitis (Ref. 25). M.K. Schaefer et al. Services issued a Survey and nursing home in Antwerp (Ref. 30). The surveyed a stratified, random sample of Certification Memorandum for Point of initial report of a fulminant case of ambulatory surgery centers (ASCs) in Care Devices and Infection Control in acute HBV infection in an 83-year-old three volunteer states in 2009 (Ref. 26). Nursing Homes identifying the use of resident of the home resulted in an Of the 53 ASCs that performed blood blood lancet devices for more than one investigation that identified acute HBV glucose monitoring, 11 (21 percent) patient as an infection control standards infection in another four patients there. reused pen-style blood lancets on deficiency (Ref. 40). On November 29, Four of the five acutely infected patients multiple patients and 17 (32 percent) 2010, FDA issued ‘‘Guidance for had diabetes and received assisted also failed to clean and disinfect blood Industry and Food and Drug blood glucose sampling by the nursing glucose meters after each use. Administration Staff: Blood Lancet home staff. The two blood lancet models Thompson and Schaefer reported the Labeling,’’ which provided guidance for used in the facility (one each in two analysis of four outbreaks of nosocomial lancet manufacturers on the labeling of sections) were used to obtain blood from HBV in ALFs in 2009–2010 (Ref. 27). all blood lancets, including those multiple patients. The device platforms One was also reported separately by Z. capable of reuse, as ‘‘single patient use were not disposable. The lancets were Moore et al. (Ref. 24). Two of the three only’’ devices (Ref. 2). washed only when blood was visible on other outbreaks occurred in Virginia and In 2012, another outbreak of acute the device and they were not one in Florida; these 3 outbreaks HBV was reported in an ALF in Virginia disinfected. Nurses did not routinely resulted in 21 new patients acquiring (Ref. 28). The source patient had been wash their hands or wear gloves when acute HBV. In two of the three facilities, recently transferred from another ALF obtaining blood. Two of the five patients use of reusable blood lancets to draw where she had acquired nosocomial with acute nosocomial HBV died of blood from multiple patients was HBV infection from the shared use of their infections. observed or reported. The third facility blood lancets for multiple patients (Ref. In 2008, Gotz et al. reported the denied that it permitted the sharing of 24). This ALF also reused blood lancets investigation of two cases of acute HBV reusable lancets. However, used lancets to obtain blood from multiple patients infection among patients at a nursing and glucose meters were stored together, for glucose monitoring. This dangerous home in the Netherlands (Ref. 31). The along with clean supplies; visible blood practice resulted in two new nosocomial nursing home stay of these two patients contamination was observed on several HBV infections in this ALF. overlapped with that of a patient with glucose meters and one reusable lancet Outbreaks of hepatitis transmission known chronic HBV infection. Early in by the investigator. Thompson and due to use of blood lancets to draw this time period, the nursing home Schaefer also reported in their paper on blood from more than one patient for changed the lancet device used for two patient notification campaigns blood glucose monitoring have not been glucose monitoring from a spring-loaded resulting from the misuse of reusable limited to the United States. In 2001, device with a disposable platform (used blood lancets with preloaded lancet Desenclos et al. described an outbreak of for multiple patients) to a device with cartridges, intended and cleared only for nosocomial hepatitis C transmission in a rotating drum dispensing new lancet single patient use, which were used to an inpatient ward for children with blades, which was also used to draw obtain blood from multiple patients. cystic fibrosis and diabetes in a French blood from multiple patients, although One episode involved a community hospital in 1994–1995 (Ref. 29). Blood it was labeled for single patient use health center and was reported when glucose monitoring was done by the only. This device was used for about a personnel noted that the lancet blades nursing staff for the patients with cystic month until the staff realized that active were not retracting properly, which fibrosis as well as for the patients with rotation of the drum was occasionally might have resulted in blade use for diabetes using a spring-loaded lancet forgotten, resulting in the reuse of a more than one patient. The second with a disposable platform to stabilize lancet blade on more than one patient.

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The new device was then removed from of the 21 acutely infected patients had VIII. Special Controls the facility and the spring-loaded lancet symptomatic HBV; 7 of these patients was returned to use. The two patients died, 5 due to the HBV infection. All of FDA believes that the special controls with acute HBV received blood glucose the care sites in which acute HBV identified in the paragraphs that monitoring as did the source patient transmission occurred were using blood follow—in addition to general with chronic HBV, sometimes on the lancets intended for single patient use controls—are necessary to provide same day. Two other patients who also only; these devices were either routinely reasonable assurance of safety and received blood glucose monitoring or occasionally used for multiple effectiveness for this device when it is escaped infection. The investigators patients. One facility also used a single for single patient use only. Special stated that they believed the rotating glucometer for multiple patients and did controls were discussed at the June 26, lancet drum device was likely the not clean or disinfect it between 2013, reclassification Panel (Ref. 3). The means of transmission of HBV infection patients. The authors also noted that Panel agreed that the special controls as between patients. presented would provide a reasonable In 2011, Duffell et al. reported on the information reported on patients found to have acute HBV infection between assurance of safety and effectiveness for investigations of five reports of HBV these devices, emphasizing in transmission in community health care 1990 and 2003 identified only four discussions the need for adequate settings in the United Kingdom (Ref. patients with blood glucose monitoring labeling for these devices. FDA believes 32). All of the nine initially reported as a possible risk factor; one of these patients with HBV had diabetes and patients was infected as a result of in- that the special controls proposed for were receiving blood glucose hospital transmission from another single use only blood lancets with an monitoring. Further investigation patient on the same ward, although integral sharps injury prevention feature identified another 12 patients with details were not provided. Between in § 878.4850(a)(2), in addition to the acute HBV infection. The care settings 2004 and 2006, the 9 patients described general controls, mitigate the risks to in which hepatitis transmission previously in this document were health discussed in section V and are occurred were described as a ‘‘private reported and investigation led to the necessary to provide reasonable residential home’’ (one patient), discovery of an additional 12 cases of assurance of safety and effectiveness. ‘‘nursing and residential home’’ (one health care-related HBV transmission Table 1 depicts how each risk to patient), ‘‘private nursing and due to the improper use of blood lancets health would be mitigated by the residential home’’ (one patient) and during patient blood glucose proposed special controls. ‘‘local care home’’ (two patients). Eleven monitoring.

TABLE 1—HEALTH RISKS AND MITIGATION MEASURES FOR SINGLE USE ONLY BLOOD LANCET WITH AN INTEGRAL SHARPS INJURY PREVENTION FEATURE

Identified risk Mitigation measure

Bloodborne pathogen transmission ...... Design characteristics. Mechanical performance testing. Labeling. Sharp object injuries ...... Design characteristics. Mechanical performance testing. Labeling. Local tissue infection ...... Labeling. Sterilization. Adverse tissue reaction (not infection) ...... Biocompatibility.

FDA believes that the special controls general controls, mitigate these risks to Table 2 depicts how each risk to proposed for single use only blood health discussed in section V and are health would be mitigated by the lancets without an integral sharps injury necessary to provide reasonable proposed special controls. prevention feature in proposed in assurance of safety and effectiveness. § 878.4850(b)(2), in addition to the

TABLE 2—HEALTH RISKS AND MITIGATION MEASURES FOR SINGLE USE ONLY BLOOD LANCET WITHOUT AN INTEGRAL SHARPS INJURY PREVENTION FEATURE

Identified risk Mitigation measure

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FDA believes that the special controls general controls, mitigate these risks to Table 3 depicts how each risk to proposed for multiple use blood lancets health discussed in section V and are health would be mitigated by the for single patient use only in proposed necessary to provide reasonable proposed special controls. § 878.4850(c)(2), in addition to the assurance of safety and effectiveness.

TABLE 3—HEALTH RISKS AND MITIGATION MEASURES FOR MULTIPLE USE BLOOD LANCET FOR SINGLE PATIENT USE ONLY

Identified risk Mitigation measure

Bloodborne pathogen transmission ...... Design characteristics. Mechanical performance testing. Labeling. Sharp object injuries ...... Design characteristics. Mechanical performance testing. Labeling. Local tissue infection ...... Labeling. Sterilization. Validated cleaning and disinfection. Adverse tissue reaction (not infection) ...... Biocompatibility.

IX. The Proposed Order • Blood lancets for single patient use XI. Analysis of Environmental Impact FDA is issuing this proposed order to only that have been offered for sale prior We have determined under 21 CFR reclassify the following three types of to the effective date of the final order, 25.34(b) that this action is of a type that blood lancets used to puncture skin to and do not already have 510(k) does not individually or cumulatively obtain a drop of blood for diagnostic clearance: FDA does not intend to have a significant effect on the human purposes from class I (general controls) enforce compliance with the 510(k) environment. Therefore, neither an exempt from premarket notification into requirement or special controls until environmental assessment nor an class II (special controls) and subject to 180 days after the effective date of the environmental impact statement is premarket review: (1) Single use only final order. After that date, if a required. blood lancets with an integral sharps manufacturer continues to market such XII. Paperwork Reduction Act of 1995 injury prevention feature, (2) single use a device but does not have 510(k) only blood lancets without an integral clearance or FDA determines that the This proposed order refers to sharps injury prevention feature, and (3) device is not substantially equivalent or previously approved information multiple use blood lancets for single not compliant with special controls, collections found in FDA regulations. patient use only. FDA is identifying then FDA would consider taking action The collections of information in 21 proposed special controls for these against such manufacturer under its CFR part 807, subpart E, have been types of blood lancets, as identified in usual enforcement policies. approved under OMB control number 0910–0120. The collections of section VIII of this document, that are For blood lancets for single patient information in 21 CFR part 801 have necessary to provide a reasonable use that have prior 510(k) clearance, been approved under OMB control assurance of safety and effectiveness. FDA would accept a new 510(k) and number 0910–0485. The collections of FDA is also proposing to reclassify would issue a new clearance letter, as information in 21 CFR part 820 have multiple use blood lancets for multiple appropriate, indicating substantial been approved under OMB control patient use from class I (general equivalence and special controls number 0910–0073. The collections of controls) exempt from premarket compliance. These devices could serve notification into class III (premarket information in 21 CFR part 814, as predicates for new devices. These approval). subparts B and E, have been approved clearance letters would be made under OMB control number 0910–0231. X. Effective Date publicly available in FDA’s 510(k) The labeling provisions in proposed FDA proposes that any final order database, and compliance with special § 878.4850(a)(2)(vi), (b)(2)(vi), and based on this draft order become controls at the time of clearance would (c)(2)(vii) are not subject to review by effective on its date of publication in the be stated in the publically available OMB because they do not constitute a Federal Register. 510(k) Summary posted in this database. ‘‘collection of information’’ under the • Blood lancets for single patient use Since many blood lancets for single PRA. Rather, the following labeling: (1) only that have not been offered for sale patient use are non-prescription (‘‘over ‘‘For use only on a single patient. prior to the effective date of the final the counter’’) devices, FDA believes that Discard the entire device after use.’’; (2) order, or have been offered for sale but our public database is a transparent tool ‘‘For use only on a single patient. are required to submit a new 510(k) allowing consumers to confirm that Disinfect reusable components under 21 CFR 807.81(a)(3): their devices have been submitted under according to manufacturer’s instructions Manufacturers would have to obtain a new 510(k) and demonstrated between each use.’’; (3) ‘‘Used lancet 510(k) clearance before marketing their conformance to applicable special blades must be discarded safely after a devices after the effective date of the controls. Elsewhere in this issue of the single use.’’; (4) ‘‘Warning: Not intended order. If a manufacturer markets such a Federal Register, FDA is proposing to for more than one use. Do not use on device without receiving 510(k) require the filing of a PMA or notice of more than one patient. Improper use of clearance, then FDA would consider completion of a PDP for multiple use blood lancets can increase the risk of taking action against such a blood lancets for multiple patient use, inadvertent transmission of bloodborne manufacturer under its usual which will be finalized only if FDA pathogens, particularly in settings enforcement policies. reclassifies these devices into class III. where multiple patients are tested.’’;

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and (5) ‘‘Warning: Do not use on more at http://www.fda.gov/MedicalDevices/ 16. Centers for Disease Control and than one patient. Improper use of blood DeviceRegulationandGuidance/ Prevention (CDC), ‘‘Nosocomial Hepatitis lancets can increase the risk of GuidanceDocuments/ucm234577.htm. B Virus Infection Associated With inadvertent transmission of bloodborne 3. FDA’s General and Plastic Surgery Devices Reusable Fingerstick Blood Sampling Panel transcript and other meeting Devices—Ohio and New York City, pathogens, particularly in settings materials for the June 26, 2013, meeting 1996’’, MMWR Morbidity and Mortality where multiple patients are tested. The are available on FDA’s Web site at http:// Weekly Report, 1997; 46(10):217–221. cleaning and disinfection instructions www.fda.gov/AdvisoryCommittees/ (Available at: http://www.cdc.gov/ for this device are intended only to CommitteesMeetingMaterials/Medical mmwr/preview/mmwrhtml/ reduce the risk of local use site Devices/MedicalDevicesAdvisory 00046679.htm.) infection; they cannot render this device Committee/GeneralandPlasticSurgery 17. Quale, J.M., D. Landman, B. Wallace, et safe for use for more than one patient.’’ DevicesPanel/ucm349426.htm. al., ‘‘De´ja` vu: Nosocomial Hepatitis B 4. Centers for Disease Control and Prevention are a ‘‘public disclosure of information Transmission and Fingerstick (CDC). ‘‘Nosocomial Transmission of Monitoring’’, The American Journal of originally supplied by the Federal Hepatitis B Virus Associated With a Medicine, 1998; 105;296–301. Government to the recipient for the Spring-Loaded Fingerstick Device— 18. Thompson, N.D., J. Perz, A. Moorman, et purpose of disclosure to the public’’ (5 California’’, MMWR Morbidity and al., ‘‘Nonhospital Health Care-Associated CFR 1320.3(c)(2)). Mortality Weekly Report, 1990; 39 Hepatitis B and C Virus Transmission: (35):610–613. (Available at: http://www. United States, 1998–2008’’, Annals of XIII. Codification of Orders cdc.gov/mmwr/preview/mmwrhtml/ Internal Medicine, 2009; 150:33–39. Prior to the amendments by FDASIA, 00001743.htm) 19. Khan, A.J., S.M. Cotter, B. Schulz, et al., section 513(e) of the FD&C Act provided 5. Food and Drug Administration (FDA), ‘‘Nosocomial Transmission of Hepatitis ‘‘Safety Alert Medical Devices; Hepatitis B Virus Infection Among Residents With for FDA to issue regulations to reclassify B Transmission via Spring-Loaded devices. Although section 513(e) as Diabetes in a Skilled Nursing Facility’’, Lancet Devices’’ (August 28, 1990), Infection Control and Hospital amended requires FDA to issue final available at http://www.fda.gov/Medical Epidemiology, 2002; 23:313–318. orders rather than regulations, FDASIA Devices/Safety/AlertsandNotices/Public 20. Centers for Disease Control and also provides for FDA to revoke HealthNotifications/ucm241809.htm. Prevention (CDC), ‘‘Transmission of previously issued regulations by order. 6. Centers for Disease Control and Prevention Hepatitis B Virus Among Persons FDA will continue to codify (CDC), ‘‘CDC Clinical Reminder Use of Undergoing Blood Glucose Monitoring in Fingerstick Devices on More Than One classifications and reclassifications in Long-Term-Care Facilities—Mississippi, Person Poses Risk for Transmitting North Carolina, and Los Angeles County, the Code of Federal Regulations (CFR). Bloodborne Pathogens’’, available at California, 2003–2004’’, MMWR Changes resulting from final orders will http://www.cdc.gov/injectionsafety/ Morbidity and Mortality Weekly Report, appear in the CFR as changes to codified Fingerstick-DevicesBGM.html. 2005; 54(09):220–223. (Available at: 7. Polish, L., C. Shapiro, F. Bauer, et al., classification determinations or as http://www.cdc.gov/mmwr/preview/ ‘‘Nosocomial Transmission of Hepatitis newly codified orders. Therefore, under mmwrhtml/mm5409a2.htm.) B Virus Associated With the Use of a section 513(e)(1)(A)(i), as amended by 21. Thompson, N.D. and J.F. Perz, FDASIA, in the proposed order, we are Spring-Loaded Fingerstick Device’’, New England Journal of Medicine, 1992; 326 ‘‘Eliminating the Blood: Ongoing proposing to revoke the requirements in (11):721–725. Outbreaks of Hepatitis B Virus Infection § 878.4800 related to the classification 8. Douvin, C., D. Simon, H. Zinelabidine, et and the Need for Innovative Glucose of blood lancets as class I devices and al., ‘‘An Outbreak of Hepatitis B in an Monitoring Techniques’’, Journal of to codify the reclassification of subsets Endocrinology Unit Traced to a Capillary Diabetes Science and Technology, 2009; of blood lancets into class II or class III Blood Sampling Device’’, New England 3(2):283–288. 22. Thompson, N.D., V. Barry, K. Alelis, et in § 878.4850. Journal of Medicine, 1990; 322:57–58. 9. Shier, N., J. Warren, M. Torabi, et al., al., ‘‘Evaluation of the Potential for XIV. References ‘‘Contamination of a Fingerstick Device’’, Bloodborne Pathogen Transmission New England Journal of Medicine, 1993; Associated With Diabetes Care Practices The following references are on in Nursing Homes and Assisted Living display in the Division of Dockets 328:969–970. 10. Schmid, R., ‘‘History of Viral Hepatitis: A Facilities, Pinellas County’’, Journal of Management (see ADDRESSES) and are Tale of Dogmas and Misinterpretations’’, the American Geriatrics Society, 2010; available for viewing by interested Journal of Gastroenterology and 58:914–918. persons between 9 a.m. and 4 p.m., Hepatology, 2001; 16(7):718–722. 23. Patel, A.S., M.B. White-Comstock, D. Monday through Friday; they are also 11. Graham, G., ‘‘Diabetes Mellitus: A Survey Woolard, et al., ‘‘Infection Control available electronically at http:// of Changes in Treatment During the Last Practices in Assisted Living Facilities: A www.regulations.gov. FDA has verified Fifteen Years’’, The Lancet, 1938 2:1–7. Response to Hepatitis B Virus Infection 12. Droller, H., ‘‘An Outbreak of Hepatitis in Outbreaks’’, Infection Control and the Web site addresses, as of the date Hospital Epidemiology, 2009; 30:209– this document publishes in the Federal a Diabetic Clinic’’, British Medical Journal, 1945; 1(4400):623–625. 214. Register, but Web sites are subject to 13. Stapleton, J., and S. Lemon, 24. Centers for Disease Control and change over time. ‘‘Transmission of Hepatitis B During Prevention (CDC), ‘‘Multiple Outbreaks 1. U.S. Food and Drug Administration (FDA), Blood Glucose Monitoring’’, Journal of of Hepatitis B Virus Infection Related to ‘‘Use of Fingerstick Devices on More the American Medical Association 1985; Assisted Monitoring of Blood Glucose Than One Person Poses Risk for 253:3250. Among Residents of Assisted Living Transmitting Bloodborne Pathogens: 14. Farkas K and G Jermendy. ‘‘Transmission Facilities—Virginia, 2009–2011’’, MMWR Initial Communication’’ (August 26, of Hepatitis B Infection During Home Morbidity and Mortality Weekly Report, 2010) and ‘‘Update’’ (November 29, Blood Glucose Monitoring’’, Diabetic 2012; 61(19):339–343. (Available at: 2010), available at http://www.fda.gov/ Medicine, 1997; 14:263. http://www.cdc.gov/mmwr/preview/ MedicalDevices/Safety/Alertsand 15. Mendez, L., K.R. Reddy, R.A. Di Prima, mmwrhtml/mm6119a3.htm?s_cid= Notices/ucm234889.htm and http:// et al., ‘‘Fulminant Hepatic Failure Due to mm6119a3_w.) www.fda.gov/MedicalDevices/Safety/ Acute Hepatitis B and Delta Co-Infection: 25. Centers for Disease Control and AlertsandNotices/ucm224025.htm. Probable Bloodborne Pathogen Prevention (CDC), ‘‘Notes From the 2. U.S. Food and Drug Administration, Transmission Associated With a Spring- Field: Deaths From Acute Hepatitis B ‘‘Guidance for Industry and Food and loaded Fingerstick Device’’, American Virus Infection Associated With Assisted Drug Administration Staff: Blood Lancet Journal of Gastroenterology, 1991; Blood Glucose Monitoring in an Labeling’’ (November 29, 2010), available 86:895–897. Assisted-Living Facility—North

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Carolina, August–October, 2010’’, at www.cdc.gov/diabetes/statistics/ reusable aspiration and injection needle, MMWR Morbidity and Mortality Weekly incidence/fig3.htm. Accessed October disposable or reusable suturing needle, Report, 2011; 60(6):182. (Available at: 19, 2014. osteotome, pliers, rasp, retainer, http://www.cdc.gov/mmwr/preview/ 36. Clarke, S.F. and J.R. Foster, ‘‘A History of retractor, saw, scalpel blade, scalpel mmwrhtml/mm6006a5.htm?s_cid= Blood Glucose Meters and Their Role in mm6006a5_w.) Self-Monitoring of Diabetes Mellitus’’, handle, one-piece scalpel, snare, 26. Schaefer, M.K., M. Jhung, M. Dahl, et al., British Journal of Biomedical Science, spatula, stapler, disposable or reusable ‘‘Infection Control Assessment of 2012; 69(2):83–93. stripper, stylet, suturing apparatus for Ambulatory Surgical Centers’’, Journal of 37. Yoo, E.-H. and S.-Y. Lee, ‘‘Glucose the stomach and intestine, measuring the American Medical Association, 2010; Biosensors: An Overview of Use in tape, and calipers. A surgical instrument 303 (22):2273–2279. Clinical Practice’’, Sensors, 2010; that has specialized uses in a specific 27. Thompson, N.D. and M.K. Schaeffer, 10(5):4558–4576. medical specialty is classified in ‘‘‘Never Events’: Hepatitis B Outbreaks 38. Rajendran, R. and G. Rayman, ‘‘Point-of- separate regulations in parts 868 and Patient Notifications Resulting From Care Blood Glucose Testing for Diabetes through 892 of this subchapter. Unsafe Practices During Assisted Care in Hospitalized Patients: An Monitoring of Blood Glucose, 2009– Evidence-Based Review’’, Journal of * * * * * 2010’’, Journal of Diabetes Science and Diabetes Science and Technology, 2014; ■ 3. Add § 878.4850 to subpart E to read Technology, 2011; 5(6):1396–1402. 8(6):1081–1090. as follows: 28. Centers for Disease Control and 39. Centers for Disease Control and Prevention (CDC), ‘‘Notes From the Prevention (CDC), ‘‘Use of Hepatitis B § 878.4850 Blood lancets. Field: Transmission of HBV Among Vaccination for Adults With Diabetes (a) Single use only blood lancet with Assisted-Living-Facility Residents— Mellitus: Recommendations of the an integral sharps injury prevention Virginia, 2012’’, MMWR Morbidity and Advisory Committee on Immunization Mortality Weekly Report, 2013; feature—(1) Identification. A disposable Practices (ACIP)’’, MMWR Morbidity and blood lancet intended for a single use 62(19):389. (Available at: http://www. Mortality Weekly Report, 2011; cdc.gov/mmwr/preview/mmwrhtml/ 60(50):1709–1711. (Available at: http:// that is comprised of a single use blade _ _ mm6219a4.htm?s cid=mm6219a4 w.) www.cdc.gov/mmwr/preview/ attached to a solid, non-reusable base 29. Desenclos, J.C., M. Bourdiol-Razes, B. mmwrhtml/mm6050a4.htm?s_cid= (including an integral sharps injury Rolin, et al., ‘‘Hepatitis C in a Ward for mm6050a4_w.) prevention feature) that is used to Cystic Fibrosis and Diabetic Patients: 40. Centers for Medical Services (CMS), puncture the skin to obtain a drop of Possible Transmission by Spring-Loaded ‘‘Survey and Certification blood for diagnostic purposes. The Finger-Stick Devices for Self-Monitoring Memorandum’’ (August 27, 2010), integral sharps injury prevention feature of Capillary Blood Glucose’’, Infection available at http://www.cms.gov/survey Control and Hospital Epidemiology, allows the device to be used once and certificationgeninfo/downloads/ then renders it inoperable and incapable 2001; 22(11):701–707. SCLetter10_28.pdf. 30. De Schrijver, K., I. Maes, P. Van Damme, of further use. et al., ‘‘An Outbreak of Nosocomial List of Subjects in 21 CFR Part 878 (2) Classification. Class II (special Hepatitis B Virus Infection in a Nursing Medical devices. controls). The special controls are: Home for the Elderly in Antwerp (i) The design characteristics of the Therefore, under the Federal Food, (Belgium)’’, Acta Clinica Belgica, 2005; device must ensure that the structure Drug, and Cosmetic Act, and under 60(2):63–69. and material composition are consistent 31. Gotz, H.M., M. Schutten, G.J. Borsboom, authority delegated to the Commissioner with the intended use and must include et al., ‘‘A Cluster of Hepatitis B of Food and Drugs, it is proposed that a sharps injury prevention feature; Infections Associated With Incorrect Use 21 CFR part 878 be amended as follows: of a Capillary Blood Sampling Device in (ii) Mechanical performance testing a Nursing Home in the Netherlands, PART 878—GENERAL AND PLASTIC must demonstrate that the device will 2007’’, Euro Surveillance, 2008; 13(7– SURGERY DEVICES withstand forces encountered during 9):1–5. use and that the integral sharps injury 32. Duffell, E.F., L.M. Milne, C. Seng, et al., ■ 1. The authority citation for 21 CFR prevention feature will irreversibly ‘‘Five Hepatitis B Outbreaks in Care part 878 continues to read as follows: disable the device after one use; Homes in the UK Associated With (iii) The device must be demonstrated Deficiencies in Infection Control Practice Authority: 21 U.S.C. 351, 360, 360c, 360e, in Blood Glucose Monitoring’’, 360j, 360l, 371. to be biocompatible; (iv) Sterility testing must demonstrate Epidemiology and Infection, 2011; ■ 2. Amend § 878.4800 by revising the sterility of the device; 139:327–335. paragraph (a) to read as follows: 33. Williams, I.T., J.F. Perz, and B.P. Bell, (v) Labeling must include: ‘‘Viral Hepatitis Transmission in § 878.4800 Manual surgical instrument for (A) Detailed descriptions, with Ambulatory Health Care Settings’’, general use. illustrations, of the proper use of the Clinical Infectious Diseases, 2004; (a) Identification. A manual surgical device and its sharps injury prevention 38(11):1592–1598. instrument for general use is a feature. 34. Centers for Disease Control and (B) Handwashing instructions for the Prevention (CDC), ‘‘Increasing nonpowered, hand-held, or hand- Prevalence of Diagnosed Diabetes— manipulated device, either reusable or user before and after use of the device. United States and Puerto Rico, 1995– disposable, intended to be used in (C) Instructions on cleaning and 2010’’, MMWR Morbidity and Mortality various general surgical procedures. The disinfection of the skin to be pierced. Weekly Report, 2012; 61(45):918–921. device includes the applicator, clip (D) Instructions for the safe disposal (Available at: http://www.cdc.gov/ applier, biopsy brush, manual of the device. mmwr/preview/mmwrhtml/mm6145a4. dermabrasion brush, scrub brush, (E) Labeling must be appropriate for _ _ htm?s cid=mm6145a4 w.) cannula, ligature carrier, chisel, clamp, the intended use environment. 35. Centers for Disease Control and contractor, curette, cutter, dissector, (1) For those devices intended for Prevention (CDC), ‘‘Incidence of Diagnosed Diabetes per 1,000 Population elevator, skin graft expander, file, health care settings, labeling must Aged 18–79 Years, by Age, 1980–2014’’, forceps, gouge, instrument guide, needle address the health care facility use of Atlanta, GA: U.S. Department of Health guide, hammer, hemostat, amputation these devices, including how these and Human Services, CDC, National hook, ligature passing and knot-tying lancets are to be used with personal Diabetes Surveillance System. Available instrument, knife, mallet, disposable or protective equipment, such as gloves.

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(2) For those devices intended for use lancets can increase the risk of (2) For those devices intended for use in the home, labeling must be written so inadvertent transmission of bloodborne in the home, labeling must be written so that it is understandable to lay users. pathogens, particularly in settings that it is understandable to lay users. (vi) Labeling must also include the where multiple patients are tested.’’ (vii) Labeling must also include the following statements, prominently (c) Multiple use blood lancet for single following statements, prominently placed: patient use only—(1) Identification. A placed: (A) ‘‘For use only on a single patient. multiple use capable blood lancet (A) ‘‘For use only on a single patient. Discard the entire device after use.’’ intended for use on a single patient that Disinfect reusable components (B) ‘‘Warning: Not intended for more is comprised of a single use blade according to manufacturer’s instructions than one use. Do not use on more than attached to a solid, reusable base that is between each use.’’ one patient. Improper use of blood used to puncture the skin to obtain a (B) ‘‘Used lancet blades must be safely lancets can increase the risk of drop of blood for diagnostic purposes. discarded after a single use.’’ inadvertent transmission of bloodborne (2) Classification. Class II (special (C) ‘‘Warning: Do not use on more pathogens, particularly in settings controls). The special controls are: than one patient. Improper use of blood where multiple patients are tested.’’ (i) The design characteristics of the lancets can increase the risk of (b) Single use only blood lancet device must ensure that: inadvertent transmission of bloodborne without an integral sharps injury (A) The lancet blade can be changed pathogens, particularly in settings prevention feature—(1) Identification. A with every use, either manually or by where multiple patients are tested. The disposable blood lancet intended for a triggering a blade storage unit to discard cleaning and disinfection instructions single use that is comprised of a single the used blade and reload an unused for this device are intended only to use blade attached to a solid, non- blade into the reusable base; and reduce the risk of local use site reusable base that is used to puncture (B) The structure and material infection; they cannot render this device the skin to obtain a drop of blood for composition are consistent with the safe for use for more than one patient.’’ diagnostic purposes. intended use and address the risk of (d) Multiple use blood lancet for (2) Classification. Class II (special sharp object injuries and bloodborne multiple patient use—(1) Identification. controls). The special controls are: pathogen transmissions; and allow for A multiple use capable blood lancet (i) The design characteristics of the validated cleaning and disinfection; intended for use on multiple patients device must ensure that the structure (ii) Mechanical performance testing that is comprised of a single use blade and material composition are consistent must demonstrate that the device will attached to a solid, reusable base that is with the intended use and address the withstand forces encountered during used to puncture the skin to obtain a risk of sharp object injuries and use; drop of blood for diagnostic purposes. bloodborne pathogen transmissions; (iii) The device must be demonstrated (2) Classification. Class III (premarket (ii) Mechanical performance testing to be biocompatible; approval). must demonstrate that the device will (iv) Sterility testing must demonstrate withstand forces encountered during the sterility of the device; Dated: February 25, 2016. use; (v) Validation testing must Leslie Kux, (iii) The device must be demonstrated demonstrate that the cleaning and Associate Commissioner for Policy. to be biocompatible; disinfection instructions are adequate to [FR Doc. 2016–04578 Filed 3–2–16; 8:45 am] (iv) Sterility testing must demonstrate ensure that the reusable lancet base can BILLING CODE 4164–01–P the sterility of the device; be cleaned and low level disinfected. (v) Labeling must include: (vi) Labeling must include: (A) Detailed descriptions, with (A) Detailed descriptions, with DEPARTMENT OF HEALTH AND illustrations, of the proper use of the illustrations, of the proper use of the HUMAN SERVICES device. device. (B) Handwashing instructions for the (B) The Environmental Protection Food and Drug Administration user before and after use of the device. Agency (EPA) registered disinfectant’s (C) Instructions on cleaning and contact time for disinfectant use. 21 CFR Part 878 disinfection of the skin to be pierced. (C) Handwashing instructions for the [Docket No. FDA–2016–M–0035] (D) Instructions for the safe disposal user before and after use of the device. of the device. (D) Instructions on cleaning and Effective Date of Requirement for (E) Labeling must be appropriate for disinfection of the skin to be pierced. Premarket Approval for Blood Lancets the intended use environment. (E) Instructions on the cleaning and (1) For those devices intended for disinfection of the device. AGENCY: Food and Drug Administration, health care settings, labeling must (F) Instructions for the safe disposal of HHS. address the health care facility use of the device. ACTION: Proposed order. these devices, including how these (G) Instructions for use must address lancets are to be used with personal the safe storage of the reusable blood SUMMARY: The Food and Drug protective equipment, such as gloves. lancet base between uses to minimize Administration (FDA) is issuing a (2) For those devices intended for use contamination or damage and the safe proposed administrative order to require in the home, labeling must be written so storage and disposal of the refill lancet the filing of a premarket approval that it is understandable to lay users. blades. application (PMA) following the (vi) Labeling must also include the (H) Labeling must be appropriate for reclassification of multiple use blood following statements, prominently the intended use environment. lancets for multiple patient use from placed: (1) For those devices intended for class I to class III. FDA is summarizing (A) ‘‘For use only on a single patient. health care settings, labeling must its proposed findings regarding the Discard the entire device after use.’’ address the health care facility use of degree of risk of illness or injury (B) ‘‘Warning: Not intended for more these devices, including how these designed to be eliminated or reduced by than one use. Do not use on more than lancets are to be used with personal requiring this device to meet the PMA one patient. Improper use of blood protective equipment, such as gloves. requirements of the Federal Food, Drug,

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and Cosmetic Act (the FD&C Act) and Submissions,’’ publicly viewable at established three categories (classes) of the benefits to the public from the use http://www.regulations.gov or at the devices, reflecting the regulatory of the device. Division of Dockets Management controls needed to provide reasonable DATES: Submit either electronic or between 9 a.m. and 4 p.m., Monday assurance of their safety and written comments on this proposed through Friday. effectiveness. The three categories of • order by June 1, 2016. See section X of Confidential Submissions—To devices are class I (general controls), the SUPPLEMENTARY INFORMATION section submit a comment with confidential class II (special controls), and class III of this document for the proposed information that you do not wish to be (premarket approval). effective date of any final order that may made publicly available, submit your Under section 513(d)(1) of the FD&C publish based on this proposal. comments only as a written/paper Act, devices that were in commercial distribution before the enactment of the ADDRESSES: submission. You should submit two You may submit comments 1976 amendments, May 28, 1976 as follows: copies total. One copy will include the information you claim to be confidential (generally referred to as Electronic Submissions with a heading or cover note that states ‘‘preamendments devices’’), are classified after FDA: (1) Receives a Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS recommendation from a device following way: CONFIDENTIAL INFORMATION.’’ The classification panel (an FDA advisory • Federal eRulemaking Portal: http:// Agency will review this copy, including the claimed confidential information, in committee); (2) publishes the panel’s www.regulations.gov. Follow the recommendation for comment, along instructions for submitting comments. its consideration of comments. The second copy, which will have the with a proposed regulation classifying Comments submitted electronically, the device; and (3) publishes a final including attachments, to http:// claimed confidential information redacted/blacked out, will be available regulation classifying the device. FDA www.regulations.gov will be posted to has classified most preamendments the docket unchanged. Because your for public viewing and posted on http:/ /www.regulations.gov. Submit both devices under these procedures. comment will be made public, you are Devices that were not in commercial solely responsible for ensuring that your copies to the Division of Dockets Management. If you do not wish your distribution prior to May 28, 1976 comment does not include any (generally referred to as confidential information that you or a name and contact information to be made publicly available, you can ‘‘postamendments devices’’), are third party may not wish to be posted, classified automatically by section such as medical information, your or provide this information on the cover sheet and not in the body of your 513(f) of the FD&C Act into class III anyone else’s Social Security number, or without any FDA rulemaking process. confidential business information, such comments and you must identify this information as ‘‘confidential.’’ Any Those devices remain in class III and as a manufacturing process. Please note require premarket approval unless, and that if you include your name, contact information marked as ‘‘confidential’’ will not be disclosed except in until, FDA reclassifies the device into information, or other information that class I or II, or FDA issues an order accordance with 21 CFR 10.20 and other identifies you in the body of your finding the device to be substantially applicable disclosure law. For more comments, that information will be equivalent, in accordance with section information about FDA’s posting of posted on http://www.regulations.gov. 513(i) of the FD&C Act, to a predicate comments to public dockets, see 80 FR • If you want to submit a comment device that does not require premarket 56469, September 18, 2015, or access with confidential information that you approval. The Agency determines the information at: http://www.fda.gov/ do not wish to be made available to the whether new devices are substantially regulatoryinformation/dockets/ public, submit the comment as a equivalent to predicate devices by default.htm. written/paper submission and in the means of premarket notification Docket: For access to the docket to manner detailed (see ‘‘Written/Paper procedures in section 510(k) of the read background documents or the Submissions’’ and ‘‘Instructions’’). FD&C Act (21 U.S.C. 360(k)) and part electronic and written/paper comments Written/Paper Submissions 807 of the regulations (21 CFR part 807). received, go to http:// A person may market a Submit written/paper submissions as www.regulations.gov and insert the preamendments device that has been follows: docket number, found in brackets in the classified into class III through • Mail/Hand delivery/Courier (for heading of this document, into the premarket notification procedures, and written/paper submissions): Division of ‘‘Search’’ box and follow the prompts devices found substantially equivalent Dockets Management (HFA–305), Food and/or go to the Division of Dockets by means of premarket notification and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. (510(k)) procedures to such a Lane, Rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852. preamendments device or to a device • For written/paper comments FOR FURTHER INFORMATION CONTACT: within that type (both the submitted to the Division of Dockets Joshua Nipper, Center for Devices and preamendments and substantially Management, FDA will post your Radiological Health, Food and Drug equivalent devices are referred to as comment, as well as any attachments, Administration, 10903 New Hampshire preamendments class III devices) may except for information submitted, Ave., Bldg. 66, Rm. G422, Silver Spring, be marketed without submission of a marked and identified, as confidential, MD 20993–0002, 301–796–6524, PMA until FDA issues a final order if submitted as detailed in [email protected]. under section 515(b) of the FD&C Act ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: (21 U.S.C. 360e(b)) requiring premarket Instructions: All submissions received approval. Section 515(b)(1) of the FD&C I. Background—Regulatory Authorities must include the Docket No. FDA– Act directs FDA to issue an order 2016–M–0035 for ‘‘Effective Date of The FD&C Act, as amended, requiring premarket approval for a Requirement for Premarket Approval for establishes a comprehensive system for preamendments class III device. Blood Lancets.’’ Received comments the regulation of medical devices Section 515(f) of the FD&C Act will be placed in the docket and, except intended for human use. Section 513 of provides an alternative pathway for for those submitted as ‘‘Confidential the FD&C Act (21 U.S.C. 360c) meeting the premarket approval

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requirement. Under section 515(f), provide a basis for a different being offered the opportunity to request manufacturers may meet the premarket recommendation or findings. reclassification of multiple use blood approval requirement if they file a Section 515(b)(2) of the FD&C Act lancets for multiple patient use. notice of completion of a product provides that a proposed order to II. Regulatory History of the Device development protocol (PDP) approved require premarket approval shall under section 515(f)(4) of the FD&C Act contain: (1) The proposed order, (2) Elsewhere in this issue of the Federal and FDA declares the PDP completed proposed findings with respect to the Register, FDA is proposing to reclassify under section 515(f)(6)(B) of the FD&C degree of risk of illness or injury multiple use blood lancets for multiple Act. Accordingly, the manufacturer of a designed to be eliminated or reduced by patient use into class III under section class III preamendments device may requiring the device to have an 513(e) of the FD&C Act. comply with a call for PMAs by filing approved PMA and the benefit to the Blood lancets were classified in part a PMA or a notice of completion of a public from the use of the device, (3) an 878 (21 CFR part 878) by a final rule PDP. In practice, however, the option of opportunity for the submission of published in the Federal Register on filing a notice of completion of a PDP comments on the proposed order and June 24, 1988 (53 FR 23856) that has rarely been used. For simplicity, the proposed findings, and (4) an classified 51 general and plastic surgery although the PDP option remains opportunity to request a change in the devices. This 1988 rule classified blood available to manufacturers in response classification of the device based on lancets into class I (general controls). to a final order under section 515(b) of new information relevant to the These devices were grouped with other the FD&C Act, this document will refer classification of the device. devices under ‘‘Manual surgical only to the requirement for the filing Section 515(b)(3) of the FD&C Act instrument for general use,’’ 21 CFR and obtaining approval of a PMA. provides that FDA shall, after the close 878.4800. At the time, blood lancets had been in common use in medical practice On July 9, 2012, Congress enacted the of the comment period on the proposed for many years, and FDA believed that Food and Drug Administration Safety order, consideration of any comments general controls were sufficient to and Innovation Act (FDASIA). Section received, and a meeting of a device classification panel described in section provide reasonable assurance of the 608(b) of FDASIA (126 Stat. 1056) 513(b) of the FD&C Act, issue a final safety and effectiveness of those amended section 515(b) of the FD&C order to require premarket approval or devices. This rule was amended on Act, changing the process for requiring publish a document terminating the April 5, 1989 (54 FR 13826) to clarify premarket approval for a proceeding together with the reasons for that manual surgical instruments for preamendments class III device from such termination. If FDA terminates the general use made of the same materials rulemaking to an administrative order. proceeding, FDA is required to initiate as used in preamendment devices were Section 515(b)(1) of the FD&C Act sets reclassification of the device under exempt from premarket notification forth the process for issuing a final section 513(e) of the FD&C Act, unless 510(k) review. order. Specifically, prior to the issuance the reason for termination is that the On December 7, 1994, FDA further of a final order requiring premarket device is a banned device under section amended the classification when it approval for a preamendments class III 516 of the FD&C Act (21 U.S.C. 360f). published a final rule in the Federal device, the following must occur: A preamendments class III device Register (59 FR 63005) that exempted Publication of a proposed order in the may be commercially distributed 148 class I devices from premarket Federal Register, a meeting of a device without a PMA until 90 days after FDA notification, with limitations. Blood classification panel described in section issues a final order requiring premarket lancets were one of those devices. FDA 513(b) of the FD&C Act, and approval for the device, or 30 months determined that manufacturers’ consideration of comments to a public after final classification of the device submissions of premarket notifications docket. under section 513 of the FD&C Act were unnecessary for the protection of In June 2013, FDA held a meeting of becomes effective, whichever is later the public health and that FDA’s review a device classification panel described (section 501(f) of the FD&C Act (21 of such submissions would not advance in section 513(b) of the FD&C Act to U.S.C. 351(f)). Elsewhere in this issue of its public health mission. discuss the classification of multiple use the Federal Register, FDA is issuing a On August 26, 2010, FDA and the blood lancets for multiple patient use. proposed order to reclassify multiple Centers for Disease Control and Although, to FDA’s knowledge, no use blood lancets for multiple patient Prevention (CDC) issued joint initial device is currently being marketed for use from class I to class III. Therefore, communications warning that the use of this use, one device has been cleared for assuming both the reclassification order fingerstick devices (blood lancets) to this use. As explained further in section and the order to require PMAs are obtain blood from more than one patient V.A of this document, this device finalized at the same time, the date by posed a risk of transmitting bloodborne classification panel meeting discussed which a PMA for multiple use blood pathogens. The communication was whether multiple use blood lancets for lancets for multiple patient use must be updated on November 29, 2010 (Ref. 1). multiple patient use should be filed will be 30 months after the date FDA’s communication update, ‘‘Use of reclassified into class III or remain in FDA issues the final order reclassifying Fingerstick Devices on More Than One class I, and the discussion included multiple use blood lancets for multiple Person Poses Risk for Transmitting whether PMAs should be required for patients. If a PMA is not filed for such Bloodborne Pathogens: Initial these devices. The panel recommended device by the later of the two dates, as Communication: Update 11/29/2010’’, that, because multiple use blood lancets specified in section 501(f)(2)(B) of the stated that ‘‘[o]ver the past 10–15 years, for multiple patient use present a FD&C Act, then the device would be the CDC and the FDA have noted a potential unreasonable risk of illness or deemed adulterated under section 501(f) progressive increase in reports of injury and insufficient information of the FD&C Act unless the device is bloodborne infection transmission exists to establish special controls for distributed for investigational use under (primarily hepatitis B virus) resulting multiple use blood lancets for multiple an approved application for an from the shared use of fingerstick and patient use, the device should be investigational device exemption (IDE). POC [or ‘Point of Care’] blood testing reclassified into class III. FDA is not In accordance with section 515(b) of devices.’’ FDA and CDC recommended, aware of new information that would the FD&C Act, interested persons are among other things, that health care

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professionals and patients never use a calendar month beginning after the market on or before that date, or (2) blood lancet for more than one person. month in which the classification of the legally on the market on or before that On November 29, 2010, FDA device in class III became effective, or date but for which a PMA is not filed published a guidance entitled on the 90th day after the date of the by that date, or for which PMA approval ‘‘Guidance for Industry and Food and issuance of a final order under 515(b), has been denied or withdrawn. Drug Administration Staff; Blood Lancet whichever is later. Assuming this order Labeling’’ (75 FR 73107) (Ref. 2). This is finalized at or near the same time the IV. Device Subject to This Proposal guidance includes labeling final order to reclassify these devices Multiple Use Blood Lancet for Multiple recommendations to address concerns into class III, this requirement will take Patient Use (21 CFR 878.4850(d)) that both health care providers and effect 30 months after the Elsewhere in this issue of the Federal patients may be unaware of the serious reclassification order issues. An Register, FDA is proposing to identify adverse health risks associated with applicant whose device was legally in multiple use blood lancet for multiple using the same blood lancet for assisted commercial distribution before May 28, patient use in a new 21 CFR 878.4850(d) withdrawal of blood from more than one 1976, or whose device has been found in the following way: A multiple use patient, even when the blood lancet to be substantially equivalent to such a capable blood lancet intended for use on blade is changed for each blood draw. device, will be permitted to continue FDA recommends in the guidance that marketing such class III devices during multiple patients that is comprised of a all blood lancets be labeled for use only FDA’s review of the PMA provided that single use blade attached to a solid, on a single patient. FDA recommends in a PMA is timely filed. FDA intends to reusable base that is used to puncture the guidance that a statement limiting review any PMA for the device within the skin to obtain a drop of blood for use to a single patient should also 180 days. FDA cautions that under diagnostic purposes. appear on the label attached to the section 515(d)(1)(B)(i) of the FD&C Act, V. Proposed Findings With Respect to device, if possible. The guidance was for the Agency may not enter into an Risks and Benefits Multiple Use Blood immediate implementation. When final, agreement to extend the review period Lancet for Multiple Patient Use this order will supersede this labeling for a PMA beyond 180 days unless the As required by section 515(b) of the guidance. Agency finds that ‘‘. . . the continued On June 26, 2013, FDA held a meeting availability of the device is necessary for FD&C Act, FDA is publishing its of the General and Plastic Surgery the public health.’’ proposed findings regarding: (1) The Devices Panel of the Medical Devices Under the FD&C Act, if any multiple degree of risk of illness or injury Advisory Committee (the Panel) to use blood lancets for multiple patient designed to be eliminated or reduced by discuss the potential reclassification of use are currently in distribution and no requiring that this device have an blood lancets (Ref. 3). The Panel PMA is submitted for these devices by approved PMA, and (2) the benefits to discussed new scientific information, the last day of the 30th calendar month the public from the use of the device. the risks to health from blood lancets, beginning after the month in which the These findings are based on the whether blood lancets should be classification of the device in class III reports and recommendations of the reclassified or remain in class I, and became effective or within 90 days of a General and Plastic Surgery Devices possible special controls for these final order calling for PMAs, or a denial Panel of the Medical Devices Advisory devices if reclassified into class II. The is rendered on a filed PMA, these Committee (the Panel) from the meeting Panel agreed that general controls were devices would be considered on June 26, 2013 (Ref. 3) and any not sufficient to provide a reasonable adulterated under section 501(f)(1) of additional information that FDA has assurance of safety and effectiveness of the FD&C Act. In addition, no new obtained. Additional information blood lancets. The Panel believed that devices will be permitted in interstate regarding the risks as well as because multiple use blood lancets for commerce without approval of a PMA. classification associated with this multiple patient use presented a The device may be distributed for device type can be found in section V.C potential unreasonable risk of illness or investigational use only if the as well as in the proposed order injury, and insufficient information requirements of the IDE regulations are published elsewhere in this issue of the existed to establish special controls for met. The requirements for significant Federal Register proposing to reclassify these devices, they should be risk devices include submitting an IDE these devices into class III. The device reclassified into class III. The Panel application to FDA for review and has the potential to benefit the public by recommended that all other blood lancet approval. An approved IDE is required puncturing the skin to obtain small devices be reclassified into class II to be in effect before an investigation of blood specimens for testing blood (special controls). FDA is not aware of the device may be initiated or continued glucose, hemoglobin, and other blood new information since this Panel under § 812.30 (21 CFR 812.30). FDA, components. In addition, acute care meeting that would provide a basis for therefore, recommends that IDE hospitals may consider reusing a single a different recommendation or finding. applications be submitted to FDA at device or using one device with least 30 days before the end of the 30- multiple blades to have benefits in that III. Dates New Requirements Apply month period after the issuance of the doing so may expedite procedures. The Assuming FDA finalizes the order final order to avoid interrupting any risks associated with the device include proposing reclassification of multiple ongoing investigations. bloodborne pathogen transmission, use blood lancets for multiple patient FDA intends that under § 812.2(d), the sharp object injuries, local tissue use found elsewhere in this issue of the publication in the Federal Register of infections, and adverse tissue reaction Federal Register, this device will be any final order based on this proposal (not infection). classified into class III. In accordance will include a statement that, as of the with sections 501(f)(2)(B) and 515(b) of date on which the filing of a PMA is A. Summary of Data the FD&C Act, FDA is proposing to required, the exemptions in § 812.2(c)(1) FDA uses the bloodborne pathogens require that a PMA be filed with the and (2) from the requirements of the IDE definition in 29 CFR 1910.1030(b). Agency for multiple use blood lancets regulations for preamendments class III Bloodborne pathogens, such as HBV, for multiple patient use devices and devices will cease to apply to any may be transmitted between patients by accessories by the last day of the 30th device that is: (1) Not legally on the blood and certain body fluids (Ref. 4).

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Since HBV-infected patients, who often reported this outbreak to FDA; FDA advised ‘‘Devices (blood lancets) lack clinical symptoms of hepatitis, then issued a safety alert warning users without a removable platform should have high concentrations of HBV in of the precautions needed for the safe only be used with one patient in the their blood and HBV is stable at ambient use of this device (Ref. 13). This was the hospital or outpatient setting. After the temperatures, transmission of HBV may first reported outbreak of HBV patient is discharged, the device may be result from exposure to equipment that transmission associated with the use of reused only if it is disinfected according has not been adequately disinfected or a blood lancet device in the United to the manufacturer’s instructions. If by the misuse of ‘‘single use only’’ States (Refs. 13 and 14). there are no instructions for medical devices (e.g., needles and CDC’s outbreak investigation revealed disinfection, the device should be syringes) (Ref. 5). that a patient who had diabetes and also discarded.’’ The history of recognized bloodborne a chronic HBV infection caused by a Since 1990, the incidence of diabetes pathogen transmission by blood lancets relatively rare viral subtype was mellitus has increased significantly in may have started in 1923 when an admitted to the outbreak ward in 1989. the United States, especially in adults outbreak of jaundice occurred in the Twelve of the 23 patients who acquired aged 65–79 (Refs. 17 and 18). At the Goteborg Hospital diabetic clinic in hepatitis B after admission to the same same time, clinical practice in the care Sweden, which was described by ward as the chronic HBV source patient of these patients increasingly Schmid et al. (Ref. 6). All patients had were serotyped, and all were found to emphasized the need for improved blood drawn for glucose testing from have the same viral subtype causing blood glucose level control, resulting in their ear lobes by a spring-activated their hepatitis B infections. The first the increased use of POC blood glucose ‘‘Schnepper’’ device, which was cleaned nosocomially infected patient had a monitoring both in health care facilities ‘‘perfunctorily’’ between uses. As a very long-term stay on the ward and so and at home (Refs. 19–21). result, 26 clinic patients developed served as a source of transmission to Unfortunately, along with the increased jaundice. Outbreaks of hepatitis in other patients over a period of 12 incidence of diabetes has come a English diabetic patients were described months. Twenty of the 23 outbreak progressive increase in the reports of by Graham in 1938 (Ref. 7) and by patients had diabetes; they and the three bloodborne infection transmission Droller in 1945 (Ref. 8). In both of these other case-patients all experienced (primarily HBV), resulting from the outbreaks, venous blood for glucose numerous POC fingerstick blood draws shared use of fingerstick and POC blood measurement was drawn using syringes with the same type of blood lancet testing devices (Ref. 1). In 2011, the CDC that were only chemically disinfected while hospitalized on the outbreak reported that 25 of 29 outbreaks of HBV between uses while the needles were ward. The implicated blood lancet infection occurring in long-term care boiled; cleaning procedures were not device included a disposable platform facilities since 1996 involved adults mentioned in the reports. Syringes and to stabilize the patient’s finger; the with diabetes receiving blood glucose needles are now single-use-only devices single use lancet blade penetrated a hole monitoring (Ref. 22). because the procedures used to in that platform to reach the patient’s In 1997, CDC reported two outbreaks reprocess these devices many years ago skin. Half the ward nursing staff who of HBV transmission, one in a nursing have long been recognized to be performed fingersticks with this lancet home in Ohio and one in a hospital in New York City (NYC) (Ref. 23). Two inadequate, resulting in outbreaks of acknowledged not changing the device different blood lancet devices were used hepatitis transmission (Ref. 6). There platform with each use of the lancet. A at the two sites. However, both lancet were also two case reports, in 1985 and similar outbreak of hepatitis devices included the use of an ‘‘end 1997, of the transmission of HBV transmission was reported in 1990 in cap’’ that came in contact with patient infection due to sharing personal use France in which a similar blood lancet skin. This was a separate, individual use blood lancets for home glucose device was implicated. Douvin et al. component of the lancet device used in monitoring with one other person who (Ref. 15) reported that examination of Ohio; the nursing home was reusing already had HBV. One report was from the device implicated in the French both the lancet and the cap for multiple the United States and one was from outbreak showed visible blood patients. The end cap was a part of the Hungary (Refs. 9 and 10). In addition, contamination of the lancet platform in 24 percent of studied uses of that disposable, single use only lancet blade Mendez et al. reported a 75-year-old assembly in the device used in NYC. patient with diabetes who died of acute device. Shier et al. (Ref. 16) reported in 1993 that the use of another spring- The exact mechanism of blood hepatitis, whose only risk factor for transmission was not entirely clear in HBV infection appeared to be her loaded lancet device in a volunteer study of blood glucose levels resulted in the NYC setting; staff claimed they had diabetic care at a local outpatient discarded the end cap after each use. facility where she had repeated visible blood contamination on 29 percent of the device end caps. This CDC postulated that either blood- fingersticks for blood glucose contaminated nurses gloves worn for the monitoring (Ref. 11). device was intended for ‘‘personal’’ use only. care of multiple patients or the pen-like During the 1990s, several bloodborne lancet-holding device itself might have transmission issues led to CDC and FDA As a result of the 1990 outbreak of HBV transmission due to blood lancet been the source of the blood cross- involvement. In 1990, CDC learned of a contamination of the lancet. A similar nosocomial outbreak of HBV use in the United States, FDA and CDC recommended that spring-loaded blood outbreak was reported by Quale et al. in transmission due to the use of a spring- 1998 from a hospital in New York (Ref. loaded lancet device whose disposable lancet devices should have only single use only ‘‘platforms’’ as well as single 24). The recognition of 3 cases of platform was not removed and nosocomially acquired HBV infection discarded after each use of the device use only blades; the devices were to be cleaned and disinfected per the resulted in an investigation that while it was used for the care of uncovered another 11 cases. Reuse by multiple patients (Ref. 12).1 CDC manufacturer’s instructions (Refs. 12 and 13). The 1990 FDA Safety Alert also hospital staff of a disposable lancet end cap with the lancet in multiple patients 1 Hepatitis B and hepatitis C infections, as well as other bloodborne infections such as HIV such reports directly from health care facilities or was identified as the probable cause of infection, are reported to State health departments personnel, even when a medical device has hepatitis cross-transmission to patients; and, by them, to CDC; FDA does not usually receive transmitted the infection. contamination of the lancet wound from

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blood on unchanged gloves worn by response to the educational packet. The students were offering diabetes nurses during collection of blood results found that 16 percent of the screening. During the fair, the students samples from multiple patients may also facilities that used lancets to monitor realized that the lancet blades had not have contributed to the nosocomial blood glucose levels were still using been advanced properly so that each transmission of HBV in this outbreak. these devices to obtain blood from patient received a new blade. The first CDC reviewed the incidence of multiple patients. episode exposed 283 patients to a reported outbreaks of HBV and hepatitis Y.G. McIntosh et al. investigated contaminated lancet blade; the second C infection in nonhospital health care outbreaks of nosocomial HBV incident exposed approximately 60 settings between 1998 and 2008 and transmission in four ALFs between 2009 patients. The results of the patient noted a significant increase in such and 2011 and found that in all four notification studies were not reported. nosocomial transmission of bloodborne facilities, pen-style lancets were used to As a result of this significant increase pathogens (Refs. 25–28). N.D. obtain blood for glucose monitoring in such nosocomial transmission of Thompson et al. identified 33 outbreaks from multiple patients even though two bloodborne pathogens, on August 26, of nosocomial hepatitis transmission in facilities provided each patient with 2010, FDA and the CDC issued a Safety nonhospital health care settings (Ref. dedicated ‘‘single patient use only pen- Communication (Ref. 1) and a Clinical 25). Of these 33 outbreaks, 15 were style lancets’’ according to their policies Reminder (Ref. 35), respectively, found to be due to blood glucose (Ref. 31). Z. Moore et al. reported warning that the use of blood lancets to monitoring in long-term care and another outbreak of nosocomial HBV obtain blood from more than one patient assisted living facilities. Only half of transmission in an ALF in NC in 2010 risks the transmission of bloodborne these outbreak investigations were in which blood lancet devices were pathogen infections from one patient to published in the scientific literature; the shared among multiple patients. Six of other patients. Both FDA and CDC others were recognized by health the eight elderly patients who acquired recommended that blood lancets should department investigations and reports to acute HBV in this outbreak died from never be used to obtain blood from more CDC. In 9 of the 15 outbreaks of complications of hepatitis (Ref. 32). than one patient. In addition, the nosocomial hepatitis in patients with M.K. Schaefer et al. surveyed a Centers for Medicare and Medicaid diabetes, blood lancet devices were stratified, random sample of ambulatory Services issued a Survey and shared among multiple patients. In two surgery centers (ACS) in three volunteer Certification Memorandum for Point of additional outbreaks, lancets were not states in 2009 (Ref. 33). Of the 53 ACS Care Devices and Infection Control in noted to be shared, but blood-soiled that performed blood glucose Nursing Homes identifying the use of glucose meters were stored together monitoring, 11 (21 percent) reused pen- blood lancet devices for more than one with lancets without cleaning/ style blood lancets on multiple patients patient as an infection control standards disinfection of the devices and gloves and 17 (32 percent) also failed to clean deficiency (Ref. 36). On November 29, were not regularly changed between and disinfect blood glucose meters after 2010, FDA issued ‘‘Guidance for each patient. These failures of proper each use. Industry and Food and Drug infection control practice could have led Thompson and Schaefer reported the Administration Staff: Blood Lancet to blood contamination of individual analysis of four outbreaks of nosocomial Labeling’’, which provided guidance for blood lancets in these two facilities. HBV in ALFs in 2009–2010 (Ref. 34). lancet manufacturers on the labeling of N.D. Thompson et al. also One was also reported separately by Z. all blood lancets, including those investigated blood glucose monitoring Moore et al. (Ref. 32). Two of the three capable of reuse, as ‘‘single patient use practices in long-term care facilities in other outbreaks occurred in Virginia and only’’ devices (Ref. 2). Pinellas County, Florida, in 2007 and one in Florida; these 3 outbreaks In 2012, another outbreak of acute found that 22 percent of the resulted in 21 new patients acquiring HBV was reported in an ALF in Virginia participating facilities that used acute hepatitis B. In two of the three (Ref. 37). The source patient had been reusable fingerstick devices used them facilities, use of reusable blood lancets recently transferred from another ALF in multiple patients (Ref. 29). Patel et al. to draw blood from multiple patients where she had acquired nosocomial reported in 2009 on the efforts of the was observed or reported. The third HBV infection from the shared use of Virginia Department of Health to facility denied that it permitted the blood lancets for multiple patients (Ref. improve blood glucose monitoring sharing of reusable lancets. However, 31). This ALF also reused blood lancets practices in assisted living facilities used lancets and glucose meters were to obtain blood from multiple patients (ALFs) in Virginia (Ref. 30). This effort stored together, along with clean for glucose monitoring. This dangerous followed two separate outbreaks of HBV supplies; visible blood contamination practice resulted in two new nosocomial infections in two assisted living was observed on several glucose meters HBV infections in this ALF. facilities. In those outbreaks, one of the and one reusable lancet by the Outbreaks of hepatitis transmission three acutely symptomatic initial investigator. Thompson and Schaefer due to use of blood lancets to draw patients died of HBV infection. Of 68 also reported in their paper on two blood from more than one patient for patients undergoing blood glucose patient notification campaigns resulting blood glucose monitoring have not been monitoring in these two facilities, a total from the misuse of reusable blood limited to the United States. In 2001, of 11 patients acquired HBV infection. lancets with preloaded lancet cartridges, Desenclos et al. described an outbreak of Both facilities used reusable blood intended and cleared only for single nosocomial hepatitis C transmission in lancets to obtain blood from multiple patient use, which were used to obtain an inpatient ward for children with patients and did not clean or disinfect blood from multiple patients. One cystic fibrosis and diabetes in a French the lancets between uses. The Virginia episode involved a community health hospital in 1994–1995 (Ref. 38). Blood Department of Health then mailed an center and was reported when glucose monitoring was done by the educational packet on safe blood personnel noted that the lancet blades nursing staff for the patients with cystic glucose monitoring practices to all ALFs were not retracting properly, which fibrosis as well as for the patients with (640) in the State. A random sample of might have resulted in blade use for diabetes using a spring-loaded lancet ALFs was contacted after the more than one patient. The second with a disposable platform to stabilize educational intervention and invited to episode occurred at a community health the finger. These devices were shared participate in a survey to evaluate the fair in which physician assistant among patients between 1986 and 1992

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during repeated admissions to the facility and the spring-loaded lancet was the most common use for a blood lancet inpatient unit. After 1992, patients were returned to use. The two patients with is in diabetes monitoring. These devices supposed to use only their own lancet acute HBV received blood glucose are used in both home and professional devices for blood glucose monitoring. monitoring as did the source patient health care settings. Only a small blood The retrospective prevalence of prior with chronic HBV, sometimes on the sample is needed for testing of blood hepatitis C infection was found to be 58 same day. Two other patients who also glucose level. The blood sample is percent in patients with cystic fibrosis received blood glucose monitoring dropped onto a test strip and inserted and 17 percent in patients with diabetes escaped infection. The investigators into a blood glucose meter for results. in 1994. At the time (1994), the stated that they believed the rotating Some blood lancets are also used with prevalence of antibody to hepatitis C in lancet drum device was likely the PT/INR anticoagulation meters. These the general public in France was 1.1 means of transmission of HBV infection devices are used in both home and percent. The patients with cystic between patients. professional health care settings. The PT fibrosis had more frequent and longer In 2011, Duffell et al. reported on the and INR are used to monitor the admissions to the inpatient ward, and investigations of five reports of HBV effectiveness of the anticoagulant more of the exposed cystic fibrosis transmission in community health care warfarin. Warfarin helps inhibit the patients (66.7 percent) were screened for settings in the United Kingdom (Ref. 4). formation of blood clots. The formation hepatitis C infection than were the All of the nine initially reported of blood clots may be associated with patients with diabetes admitted to the patients with HBV had diabetes and atrial fibrillation, the presence of inpatient ward during the exposure were receiving blood glucose artificial heart valves, deep venous period (39.5 percent). These factors may monitoring. Further investigation thrombosis, and some cases of have influenced the apparent difference identified another 12 patients with pulmonary embolism. Because the use in hepatitis C transmission in these two acute HBV infection. The care settings of warfarin may cause excessive groups of exposed patients. in which hepatitis transmission bleeding, patients are monitored, In 2005, De Schrijver et al. described occurred were described as a ‘‘private typically by PT/INR. an outbreak of acute HBV infection in a residential home’’ (1 patient), nursing Because newborns have relatively nursing home in Antwerp (Ref. 39). The and residential home (1 patient), small amounts of blood compared to initial report of a fulminant case of ‘‘private nursing and residential’’ (1 adults, it is usually preferred to use as acute HBV infection in an 83-year-old patient) and ‘‘local care home’’ (2 small amount of blood as possible for resident of the home resulted in an patients). Eleven of the 21 acutely any screening or other laboratory tests investigation that identified acute infected patients had symptomatic HBV; for newborns. Blood lancets may be hepatitis B infection in another four seven of these patients died, five due to used to perform heel sticks in newborns. patients there. Four of the five acutely the HBV infection. All of the care sites Heel stick is a minimally invasive way infected patients had diabetes and in which acute HBV transmission received assisted blood glucose occurred were using blood lancets of obtaining capillary blood samples. In sampling by the nursing home staff. The designed intended for single patient use newborns, heel sticks are the preferred two blood lancet models used in the only; these devices were either routinely collection method for small volumes of facility (one each in two sections) were or occasionally used for multiple blood. used to obtain blood from multiple patients. One facility also used a single The possible benefit of multiple use patients. The device platforms were not glucometer for multiple patients and did blood lancets for multiple patient use is disposable. The lancets were washed not clean or disinfect it between that acute care hospitals may consider only when blood was visible on the patients. The authors also noted that reusing a single device or using one device and were not disinfected. Nurses information reported on patients found device with multiple blades to have did not routinely wash their hands or to have acute HBV infection between benefits, in that doing so may expedite wear gloves when obtaining blood. Two 1990 and 2003 identified only four procedures. of the five patients with acute patients with blood glucose monitoring C. Risks to Health nosocomial hepatitis B died of their as a possible risk factor; one of these infections. patients was infected as a result of in- FDA has evaluated the risks to health In 2008, Gotz et al. reported the hospital transmission from another associated with use of multiple use investigation of two cases of acute HBV patient on the same ward, although blood lancets for multiple patient use. infection among patients at a nursing details were not provided. Between In doing so, FDA considered home in the Netherlands (Ref. 40). The 2004 and 2006, the 9 patients described information from the reports and nursing home stay of these two patients previously in this document were recommendations of the General and overlapped with that of a patient with reported and investigation led to the Plastic Surgery Devices Panel of the known chronic HBV infection. Early in discovery of an additional 12 cases of Medical Devices Advisory Committee this time period, the nursing home health care-related HBV transmission from the meeting of June 26, 2013, the changed the lancet device used for due to the improper use of blood lancets adverse event reports for these devices glucose monitoring from a spring-loaded during patient blood glucose in FDA’s Manufacturer and User device with a disposable platform (used monitoring. Facility Device Experience (MAUDE) for multiple patients) to a device with database, and the published scientific a rotating drum dispensing new lancet B. Benefits of the Device literature, which is discussed in FDA’s blades, which was also used to draw A blood lancet is used to puncture the executive summary for the June 26, blood from multiple patients, although skin to obtain small blood specimens for 2013, panel. Based on this information, it was labeled for single patient use testing blood glucose, hemoglobin, and FDA has determined the following risks: only. This device was used for about a other blood components. Some blood 1. Bloodborne Pathogen Transmission month until the staff realized that active lancets are used with POC blood testing rotation of the drum was occasionally devices, such as blood glucose meters Bloodborne pathogens such as HBV, forgotten, resulting in the reuse of a and Prothrombin Time and hepatitis C virus, and potentially any lancet blade on more than 1 patient. The International Normalized Ratio (PT/INR) other pathogen present in the new device was then removed from the anticoagulation meters. Today, probably bloodstream of a patient can be

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transmitted from one patient to another patient use, because there is no document; (2) the effectiveness of the by the following mechanisms: evidence that these devices can be device that is the subject of the • Reuse of the same lancet blade to adequately cleaned and disinfected and application; and (3) full reports of all draw blood from more than one patient that there is no proven method of doing preclinical and clinical information or so. Therefore, it is appropriate to from investigations on the safety and • Failure/inability to adequately regulate them in class III. effectiveness of the device for which clean the base of a multiple use blood FDA agrees with the Panel’s premarket approval is sought. lancet resulting in the blood recommendation that these devices A PMA must include valid scientific contamination of the next ‘‘new’’ lancet present a potential unreasonable risk of evidence to demonstrate reasonable blade when blood is drawn from more illness or injury due to the inherent and assurance of the safety and effectiveness than one patient. significantly increased risk of of the device for its intended use bloodborne pathogen transmission risk 2. Sharp Object Injuries (§ 860.7(c)(2)). FDA defines valid as compared to single use only or single scientific evidence in § 860.7(c)(2)). The blade of a lancet device is patient only blood lancets. FDA does To present reasonable assurance of designed to pierce the skin and draw not believe existing valid scientific safety and effectiveness of multiple use blood. Except when the used lancet evidence, as defined in § 860.7 (21 CFR blood lancets for multiple patient use, blade is immediately and automatically 860.7), supports a reasonable assurance FDA believes manufacturers should covered by a sharps safety feature, that the device can be adequately submit performance testing, including which renders the blade inaccessible, reprocessed between uses on different clinical trials of their device, in order to the exposed sharp blade of a blood patients. FDA also believes sufficient support PMA approval. Existing lancet presents a puncture hazard to information does not exist to establish published clinical literature may also be anyone coming in contact with it. Blade special controls for blood lancets leveraged as part of the PMA exposure can result due to either the intended for multiple patient use. Given submission. lack of a sharps safety feature or device the availability of safer single patient breakage. use blood lancet devices, FDA further VII. Opportunity To Request a Change believes that the probable benefits to in Classification 3. Local Tissue Infections health from use of the device do not Before requiring the filing of a PMA, Human skin always carries a outweigh the probable risks. Currently FDA is required by section 515(b)(2)(D) population of bacteria and often fungi FDA is unaware of technology or other of the FD&C Act to provide an (normal skin flora), which causes no controls that would adequately mitigate opportunity for interested persons to problem for the host when skin is intact. against the inherent and significantly request a change in the classification of However, puncture injuries to the skin increased risk of blood borne pathogen the device based on new information by sharp objects such as lancet blades transmission in multiple use blood can carry these microbes into the lancets for use in multiple patients. relevant to the classification. Any normally sterile tissue below the skin. Therefore, the safety and effectiveness proceeding to reclassify the device will Such injuries have the potential to cause of the multiple use blood lancets for be under the authority of section 513(e) local skin/soft tissue infections. multiple patients, particularly the of the FD&C Act. effectiveness of their reprocessing A request for a change in the 4. Adverse Tissue Reaction (Not instructions/methods to render the classification of this device is to be in Infection) device safe for use on more than one the form of a reclassification petition Skin contact with some materials, patient and the ability of health care containing the information required by metals and material colorants can cause providers to follow these instructions 21 CFR 860.123, including new skin inflammation, irritation or completely should be independently information relevant to the classification exanthems (rashes). These reactions demonstrated for each device of this of the device. may be due to either hypersensitivity to type via a PMA application. FDA is VIII. Analysis of Environmental Impact a specific compound/metal or to a non- proposing to require an individual specific reaction. demonstration that a reasonable We have determined under 21 CFR 25.34(b) that this action is of a type that D. Summary of FDA Findings assurance of safety and effectiveness exists for each device within this type. does not individually or cumulatively FDA believes multiple use blood The manufacturer of each individual have a significant effect on the human lancets for multiple patient use should device will have the opportunity to environment. Therefore, neither an be reclassified from class I to class III. demonstrate the safety and effectiveness environmental assessment nor an The Panel held on June 26, 2013, of the device for its intended use by environmental impact statement is discussed and made recommendations submitting a PMA. required. regarding the regulatory classification of IX. Paperwork Reduction Act of 1995 blood lancets to reclassify multiple use VI. PMA Requirements blood lancets for multiple patient use to A PMA for this device must include This proposed order refers to class III under 513(e) of the FD&C Act. the information required by section collections of information that are The Panel strongly agreed with FDA 515(c)(1) of the FD&C Act. Such a PMA subject to review by the Office of that based on the available scientific should also include a detailed Management and Budget (OMB) under evidence, multiple use blood lancets for discussion of the risks identified the Paperwork Reduction Act of 1995 multiple patient use should be previously in this document, as well as (44 U.S.C. 3501–3520). The collections reclassified to class III because multiple a discussion of the effectiveness of the of information in 21 CFR part 814, use blood lancets for multiple patient device for which premarket approval is subparts B and E, have been approved use present a potential unreasonable sought. In addition, a PMA must under OMB control number 0910–0231. risk of illness or injury. They also include all data and information on: (1) The collections of information in part agreed that insufficient information Any risks known, or that should be 807, subpart E, have been approved exists to establish special controls for reasonably known, to the applicant that under OMB control number 0910–0120. multiple use blood lancets for multiple have not been identified in this The collections of information under 21

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CFR part 801 have been approved under DeviceRegulationandGuidance/ 16. Shier, N., J. Warren, M. Torabi, et al., OMB control number 0910–0485. GuidanceDocuments/ucm234577.htm. ‘‘Contamination of a Fingerstick Device’’, 3. FDA’s General and Plastic Surgery Devices New England Journal of Medicine, 1993; X. Proposed Effective Date Panel transcript and other meeting 328:969–997. materials for the June 26, 2013, meeting, 17. Centers for Disease Control and FDA is proposing that any final order available at http://www.fda.gov/Advisory Prevention (CDC), ‘‘Increasing based on this proposal become effective Committees/CommitteesMeeting Prevalence of Diagnosed Diabetes— on the date of its publication in the Materials/MedicalDevices/Medical United States and Puerto Rico, 1995– Federal Register or at a later date if DevicesAdvisoryCommittee/Generaland 2010’’, MMWR Morbidity and Mortality stated in the final order. PlasticSurgeryDevicesPanel/ Weekly Report, 2012; 61(45):918–921. ucm349426.htm. (Available at: http://www.cdc.gov/ XI. Codification of Orders 4. Duffell, E.F., L.M. Milne, C. Seng, et al., mmwr/preview/mmwrhtml/mm6145a4. ‘‘Five Hepatitis B Outbreaks in Care htm?s_cid=mm6145a4_w.) Prior to the amendments by FDASIA, Homes in the UK Associated With 18. Centers for Disease Control and section 515(b) of the FD&C Act provided Deficiencies in Infection Control Practice Prevention (CDC), ‘‘Incidence of for FDA to issue regulations to require in Blood Glucose Monitoring’’, Diagnosed Diabetes per 1,000 Population approval of an application for premarket Epidemiology and Infection, 2011; Aged 18–79 Years, by Age, 1980–2014’’, approval for preamendments devices or 139:327–335. Atlanta, GA: U.S. Department of Health 5. Williams, I.T., J.F. Perz, and B.P. Bell, and Human Services, CDC, National devices found substantially equivalent ‘‘Viral Hepatitis Transmission in Diabetes Surveillance System. Available to preamendments devices. Section Ambulatory Health Care Settings’’, at www.cdc.gov/diabetes/statistics/ 515(b) of the FD&C Act, as amended by Clinical Infectious Diseases, 2004; incidence/fig3.htm. Accessed October FDASIA, provides for FDA to require 38(11):1592–1598. 19, 2014. approval of an application for premarket 6. Schmid, R., ‘‘History of Viral Hepatitis: A 19. Clarke, S.F. and J.R. Foster, ‘‘A History of approval for such devices by issuing a Tale of Dogmas and Misinterpretations’’, Blood Glucose Meters and Their Role in final order, following the issuance of a Journal of Gastroenterology and Self-Monitoring of Diabetes Mellitus’’, Hepatology, 2001; 16(7):718–722. British Journal of Biomedical Science, proposed order in the Federal Register. 7. Graham, G., ‘‘Diabetes Mellitus: A Survey 2012; 69(2):83–93. FDA will continue to codify the of Changes in Treatment During the Last 20. Yoo, E.-H. and S.-Y. Lee, ‘‘Glucose requirement for an application for Fifteen Years’’, The Lancet, 1938; 2:1–7. Biosensors: An Overview of Use in premarket approval, resulting from 8. Droller, H., ‘‘An Outbreak of Hepatitis in Clinical Practice’’, Sensors, 2010; changes issued in a final order, in the a Diabetic Clinic’’, British Medical 10(5):4558–4576. Code of Federal Regulations (CFR). Journal, 1945; 1(4400):623–625. 21. Rajendran, R. and G. Rayman, ‘‘Point-of- Therefore, under section 515(b)(1)(A) of 9. Stapleton, J. and S. Lemon, ‘‘Transmission Care Blood Glucose Testing for Diabetes the FD&C Act, as amended by FDASIA, of Hepatitis B During Blood Glucose Care in Hospitalized Patients: An Monitoring’’, Journal of the American Evidence-Based Review’’, Journal of in the proposed order, we are proposing Medical Association, 1985; 253:3250. Diabetes Science and Technology, 2014; to require approval of an application for 10. Farkas, K. and G. Jermendy, 8(6):1081–1090. premarket approval for multiple use ‘‘Transmission of Hepatitis B Infection 22. Centers for Disease Control and blood lancets for multiple patient use During Home Blood Glucose Prevention (CDC), ‘‘Use of Hepatitis B and, if this proposed order is finalized, Monitoring’’, Diabetic Medicine, 1997; Vaccination for Adults With Diabetes we will make the language in 21 CFR 14:263. Mellitus: Recommendations of the 878.4850(d) consistent with the final 11. Mendez, L., K.R. Reddy, R.A. Di Prima, Advisory Committee on Immunization version of this proposed order. et al., ‘‘Fulminant Hepatic Failure Due to Practices (ACIP)’’, MMWR Morbidity and Acute Hepatitis B and Delta Co-Infection: Mortality Weekly Report, 2011; XII. References Probable Bloodborne Transmission 60(50):1709–1711. (Available at: http:// Associated With a Spring-Loaded www.cdc.gov/mmwr/preview/ The following references are on Fingerstick Device’’, American Journal of mmwrhtml/mm6050a4.htm?s_cid= display in the Division of Dockets Gastroenterology, 1991; 86:895–897. mm6050a4_w.) Management (see ADDRESSES) and are 12. Centers for Disease Control and 23. Centers for Disease Control and available for viewing by interested Prevention (CDC), ‘‘Nosocomial Prevention (CDC), ‘‘Nosocomial Hepatitis persons between 9 a.m. and 4 p.m., Transmission of Hepatitis B Virus B Virus Infection Associated With Associated With a Spring-Loaded Reusable Fingerstick Blood Sampling Monday through Friday; they are also Fingerstick Device—California’’, MMWR Devices—Ohio and New York City, available electronically at http:// Morbidity and Mortality Weekly Report, 1996’’, MMWR Morbidity and Mortality www.regulations.gov. FDA has verified 1990; 39 (35):610–613. (Available at: Weekly Report, 1997; 46(10):217–221. the Web site addresses, as of the date http://www.cdc.gov/mmwr/preview/ (Available at: http://www.cdc.gov/ this document publishes in the Federal mmwrhtml/00001743.htm.) mmwr/preview/mmwrhtml/ Register, but Web sites are subject to 13. Food and Drug Administration (FDA), 00046679.htm.) change over time. ‘‘Safety Alert Medical Devices; Hepatitis 24. Quale, J.M., D. Landman, B. Wallace, et B Transmission via Spring-Loaded al., ‘‘De´ja` vu: Nosocomial Hepatitis B 1. U.S. Food and Drug Administration (FDA), Lancet Devices’’ (August 28, 1990), Transmission and Fingerstick ‘‘Use of Fingerstick Devices on More available at http://www.fda.gov/Medical Monitoring’’, The American Journal of Than One Person Poses Risk for Devices/Safety/AlertsandNotices/Public Medicine, 1998; 105;296–301. Transmitting Bloodborne Pathogens: HealthNotifications/ucm241809.htm. 25. Thompson, N.D., J. Perz, A. Moorman, et Initial Communication’’ (August 26, 14. Polish, L., C.N. Shapiro, F. Bauer, et al., al., ‘‘Nonhospital Health Care-Associated 2010) and ‘‘Update’’ (November 29, ‘‘Nosocomial Transmission of Hepatitis Hepatitis B and C Virus Transmission: 2010), available at http://www.fda.gov/ B Virus Associated With the Use of a United States, 1998–2008’’, Annals of MedicalDevices/Safety/Alertsand Spring-Loaded Fingerstick Device’’, New Internal Medicine, 2009; 150: 33–39. Notices/ucm234889.htm and http:// England Journal of Medicine, 1992; 26. Khan, A.J., S.M. Cotter, B. Schulz, et al., www.fda.gov/MedicalDevices/Safety/ 326(11):721–725. ‘‘Nosocomial Transmission of Hepatitis AlertsandNotices/ucm224025.htm. 15. Douvin, C., D. Simon, H. Zinelabidine, et B Virus Infection Among Residents With 2. U.S. Food and Drug Administration, al., ‘‘An Outbreak of Hepatitis B in an Diabetes in a Skilled Nursing Facility’’, ‘‘Guidance for Industry and Food and Endocrinology Unit Traced to a Infection Control and Hospital Drug Administration Staff: Blood Lancet Capillary-Blood-Sampling Device’’, New Epidemiology, 2002; 23:313–318. Labeling’’ (November 29, 2010), available England Journal of Medicine, 1990; 27. Centers for Disease Control and at http://www.fda.gov/MedicalDevices/ 322:57–58. Prevention (CDC), ‘‘Transmission of

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Hepatitis B Virus Among Persons available at http://www.cms.gov/survey multiple patient use described in Undergoing Blood Glucose Monitoring in certificationgeninfo/downloads/ paragraph (d)(1) of this section that was _ Long-Term-Care Facilities—Mississippi, SCLetter10 28.pdf. in commercial distribution before May North Carolina, and Los Angeles County, 37. Centers for Disease Control and 28, 1976, or that has, on or before [A California, 2003–2004’’, MMWR Prevention (CDC), ‘‘Notes From the Morbidity and Mortality Weekly Report, Field: Transmission of HBV Among DATE WILL BE ADDED 90 DAYS 2005; 54(09):220–223. (Available at: Assisted-Living-Facility Residents— AFTER DATE OF PUBLICATION OF A http://www.cdc.gov/mmwr/preview/ Virginia, 2012’’, MMWR Morbidity and FUTURE FINAL ORDER CALLING FOR mmwrhtml/mm5409a2.htm.) Mortality Weekly Report, 2013; PMAs IN THE FEDERAL REGISTER OR 28. Thompson, N.D. and J.F. Perz, 62(19):389. (Available at: http://www. 30 MONTHS AFTER DATE OF ‘‘Eliminating the Blood: Ongoing cdc.gov/mmwr/preview/mmwrhtml/ PUBLICATION OF A FUTURE FINAL _ _ Outbreaks of Hepatitis B Virus Infection mm6219a4.htm?s cid=mm6219a4 w.) ORDER RECLASSSIFYING INTO and the Need for Innovative Glucose 38. Desenclos, J.C., M. Bourdiol-Razes, B. CLASS III, WHICHEVER IS LATER], Monitoring Technologies’’, Journal of Rolin, et al., ‘‘Hepatitis C in a Ward for Diabetes Science and Technology, 2009; Cystic Fibrosis and Diabetic Patients: been found to be substantially 3(2):283–288. Possible Transmission by Spring-Loaded equivalent to a multiple use blood 29. Thompson, N.D., V. Barry, K. Alelis, et Finger-Stick Devices for Self-Monitoring lancet for multiple patient use described al., ‘‘Evaluation of the Potential for of Capillary Blood Glucose’’, Infection in paragraph (d)(1) of this section that Bloodborne Pathogen Transmission Control and Hospital Epidemiology, was in commercial distribution before Associated With Diabetes Care Practices 2001; 22(11):701–707. May 28, 1976. Any other multiple use in Nursing Homes and Assisted Living 39. De Schrijver, K., I. Maes, P. Van Damme, blood lancet for multiple patient use Facilities, Pinellas County’’, Journal of et al., ‘‘An Outbreak of Nosocomial shall have an approved PMA or a the American Geriatrics Society, 2010; Hepatitis B Virus Infection in a Nursing declared completed PDP in effect before 58:914–918. Home for the Elderly in Antwerp 30. Patel, A.S., M.B. White-Comstock, D. (Belgium)’’, Acta Clinica Belgica, 2005; being placed in commercial Woolard, et al., ‘‘Infection Control 60(2):63–69. distribution. Practices in Assisted Living Facilities: A 40. Gotz, H.M., M. Schutten, G.J. Borsboom, Dated: February 25, 2016. Response to Hepatitis B Virus Infection et al., ‘‘A Cluster of Hepatitis B Leslie Kux, Outbreaks’’, Infection Control and Infections Associated With Incorrect Use Hospital Epidemiology, 2009; 30:209– of a Capillary Blood Sampling Device in Associate Commissioner for Policy. 214. a Nursing Home in the Netherlands, [FR Doc. 2016–04579 Filed 3–2–16; 8:45 am] 31. Centers for Disease Control and 2007’’, Euro Surveillance, 2008; 13(7– BILLING CODE 4164–01–P Prevention (CDC), ‘‘Multiple Outbreaks 9):1–5. of Hepatitis B Virus Infection Related to Assisted Monitoring of Blood Glucose List of Subjects in 21 CFR Part 878 DEPARTMENT OF THE TREASURY Among Residents of Assisted Living Medical devices. Facilities—Virginia, 2009–2011’’, MMWR Therefore, under the Federal Food, Morbidity and Mortality Weekly Report, Internal Revenue Service 2012; 61(19):339–343. (Available at: Drug, and Cosmetic Act, and under http://www.cdc.gov/mmwr/preview/ authority delegated to the Commissioner 26 CFR Part 1 mmwrhtml/mm6119a3.htm?s_cid= of Food and Drugs, it is proposed that mm6119a3_w.) 21 CFR part 878, as proposed to be [REG–123867–14] 32. Centers for Disease Control and amended elsewhere in this issue of the RIN 1545–BM28 Prevention (CDC), ‘‘Notes From the Federal Register, be further amended as Field: Deaths From Acute Hepatitis B follows: Utility Allowances Submetering Virus Infection Associated With Assisted Blood Glucose Monitoring in an PART 878—GENERAL AND PLASTIC AGENCY: Internal Revenue Service (IRS), Assisted-Living Facility—North SURGERY DEVICES Treasury. Carolina, August–October, 2010,’’ ACTION: MMWR Morbidity and Mortality Weekly ■ Notice of proposed rulemaking 1. The authority citation for 21 CFR by cross-reference to temporary Report, 2011; 60(6):182. (Available at: part 878 continues to read as follows: http://www.cdc.gov/mmwr/preview/ regulations. mmwrhtml/mm6006a5.htm?s_cid= Authority: 21 U.S.C. 351, 360, 360c, 360e, mm6006a5_w.) 360j, 360l, 371. SUMMARY: This document contains 33. Schaefer, M.K., M. Jhung, M. Dahl, et al., ■ 2. Add paragraph (d)(3) to § 878.4850, proposed regulations that amend the ‘‘Infection Control Assessment of under subpart E, to read as follows: utility allowance regulations concerning Ambulatory Surgical Centers’’, Journal of the low-income housing credit. The the American Medical Association, 2010; § 878.4850 Blood Lancets. proposed regulations relate to the 303(22):2273–2279. * * * * * circumstances in which utility costs 34. Thompson, N.D. and M.K. Schaefer, paid by a tenant based on actual ‘‘‘Never Events’: Hepatitis B Outbreaks (d) * * * and Patient Notifications Resulting From (3) Date PMA or notice of completion consumption in a submetered rent- Unsafe Practices During Assisted of a PDP is required: A PMA or a notice restricted unit are treated as paid by the Monitoring of Blood Glucose, 2009– of completion of a PDP is required to be tenant directly to the utility company. 2010’’, Journal of Diabetes Science and filed with the Food and Drug The proposed regulations extend those Technology, 2011; 5(6):1396–1402. Administration on or before [A DATE rules to situations in which a building 35. Centers for Disease Control and WILL BE ADDED 90 DAYS AFTER owner sells to tenants energy that is Prevention (CDC), ‘‘CDC Clinical DATE OF PUBLICATION OF A produced from a renewable source and Reminder: Use of Fingerstick Devices on FUTURE FINAL ORDER CALLING FOR that is not delivered by a local utility More Than One Person Poses Risk for PMAs IN THE FEDERAL REGISTER OR company. The proposed regulations Transmitting Bloodborne Pathogens’’, available at http://www.cdc.gov/injection 30 MONTHS AFTER DATE OF affect owners of low-income housing safety/Fingerstick-DevicesBGM.html. PUBLICATION OF A FUTURE FINAL projects that claim the credit, the 36. Centers for Medical Services (CMS), ORDER RECLASSSIFYING INTO tenants in those low-income housing ‘‘Survey and Certification CLASS III, WHICHEVER IS LATER] for projects, and the State and local housing Memorandum’’ (August 27, 2010) any multiple use blood lancet for credit agencies that administer the

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credit. In the Rules and Regulations chapter 6) does not apply. Pursuant to (C) [The text of the proposed section of this issue of the Federal section 7805(f) of the Internal Revenue amendments to § 1.42–10(e)(1)(i)(C) is Register, the IRS is issuing temporary Code, this notice of proposed the same as the text of § 1.42– regulations concerning utility allowance rulemaking has been submitted to the 10T(e)(1)(i)(C) published elsewhere in regulations when the utility is generated Chief Counsel for Advocacy of the Small this issue of the Federal Register]. from renewable sources and is not Business Administration for comment * * * * * delivered by the local utility company. on its impact on small business. (iv) * * * The text of those regulations also serves (B) [The text of the proposed Comments and Requests for Public as the text of these proposed amendments to § 1.42–10(e)(1)(iv)(B) is Hearing regulations. This document also the same as the text of § 1.42– contains a notice of a public hearing on Before these proposed regulations are 10T(e)(1)(iv)(B) published elsewhere in these proposed regulations. adopted as final regulations, this issue of the Federal Register]. DATES: Comments and requests for a consideration will be given to any * * * * * public hearing must be received by May written comments (a signed original and 2, 2016. eight (8) copies) or electronic comments John Dalrymple, Deputy Commissioner for Services and ADDRESSES: Send submissions to: that are submitted timely to the IRS as Enforcement. CC:PA:LPD:PR (REG–123867–14), Room prescribed in this preamble under the 5203, Internal Revenue Service, P.O. ‘‘ADDRESSES’’ heading. The IRS and the [FR Doc. 2016–04618 Filed 3–2–16; 8:45 am] Box 7604, Ben Franklin Station, Treasury Department request comments BILLING CODE 4830–01–P Washington, DC 20044. Submissions on all aspects of the proposed may be hand-delivered Monday through regulations. All comments that are Friday between the hours of 8 a.m. and submitted by the public will be DEPARTMENT OF HOMELAND 4 p.m. to CC:PA:LPD:PR (REG–123867– available for public inspection and SECURITY 14), Courier’s Desk, Internal Revenue copying at www.regulations.gov or upon Coast Guard Service, 1111 Constitution Avenue NW., request. A public hearing will be Washington, DC, or sent electronically, scheduled if requested in writing by any 33 CFR Part 165 via the Federal eRulemaking Portal at person that timely submits comments. If http://www.regulations.gov/ (IRS REG– a public hearing is scheduled, notice of [Docket Number USCG–2016–0115] 123867–14). the date, time, and place for the public hearing will be published in the Federal RIN 1625–AA00 FOR FURTHER INFORMATION CONTACT: Register. Concerning the proposed regulations, Safety Zone; Xterra Swim, Myrtle James Rider at (202) 317–4137; Drafting Information Beach, SC Intracoastal Waterway; concerning submissions of comments The principal author of these Myrtle Beach, SC and requests for a public hearing, regulations is David Selig, Office of the Oluwafunmilayo Taylor at (202) 317– AGENCY: Coast Guard, DHS. Associate Chief Counsel (Passthroughs ACTION: Notice of proposed rulemaking. 6901 (not toll-free numbers). and Special Industries), IRS. However, SUPPLEMENTARY INFORMATION: other personnel from the IRS and the SUMMARY: The Coast Guard proposes to Background Treasury Department participated in issue a temporary safety zone on the their development. waters of the Intracoastal Waterway in Temporary regulations in the Rules Myrtle Beach, South Carolina. The List of Subjects in 26 CFR Part 1 and Regulations section of this issue of Xterra Swim is scheduled to take place the Federal Register amend 26 CFR part Income taxes, Reporting and on Sunday, April 24, 2016. The 1. The temporary regulations provide a recordkeeping requirements. temporary safety zone is necessary for special rule for a renewable-source the safety of the swimmers, participant utility arrangement in which the Proposed Amendments to the Regulations vessels, spectators, and the general building owner does not pay a local public during the event. The temporary utility company for the utility Accordingly, 26 CFR part 1 is safety zone will restrict vessel traffic in consumed by the tenant. The text of proposed to be amended as follows: a portion of the Intracoastal Waterway, those regulations also serves as the text PART 1—INCOME TAXES preventing non-participant vessels from of these regulations. The preamble to entering, transiting through, anchoring the temporary regulations explains the ■ Paragraph 1. The authority citation in, or remaining within the regulated temporary regulations and these area unless authorized by the Captain of proposed regulations. for part 1 continues to read in part as follows: the Port Charleston or a designated Special Analyses representative. Authority: 26 U.S.C. 7805 * * * DATES: Certain IRS regulations, including this ■ Par. 2. Section 1.42–10(e)(1)(i)(B) and Comments and related material one, are exempt from the requirements (C), and (e)(1)(iv)(B) are revised to read must be received by the Coast Guard on of Executive Order 12866, as as follows: or before April 4, 2016. supplemented and reaffirmed by ADDRESSES: You may submit comments Executive Order 13563. Therefore, a § 1.42–10 Utility allowances. identified by docket number USCG– regulatory assessment is not required. It * * * * * 2016–0115 using the Federal also has been determined that section (e) * * * (1) * * * eRulemaking Portal at http:// 553(b) of the Administrative Procedure (i) * * * www.regulations.gov. See the ‘‘Public Act (5 U.S.C. chapter 5) does not apply (B) [The text of the proposed Participation and Request for to this regulation, and because the amendments to § 1.42–10(e)(1)(i)(B) is Comments’’ portion of the regulation does not impose a collection the same as the text of § 1.42– SUPPLEMENTARY INFORMATION section for of information on small entities, the 10T(e)(1)(i)(B) published elsewhere in further instructions on submitting Regulatory Flexibility Act (5 U.S.C. this issue of the Federal Register]. comments.

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FOR FURTHER INFORMATION CONTACT: If Authority to establish a safety zone: 33 The economic impact of this proposed you have questions about this proposed CFR part 165. The purpose of the rule is not significant for the following rulemaking, call or email Lieutenant proposed rule is to ensure safety of life reasons: (1) The temporary safety zone John Downing, Sector Charleston Office on the navigable water of the United would be enforced for only two hours; of Waterways Management, Coast States during the swim portion of the (2) although persons and vessels would Guard; telephone (843) 740–3184, email Xterra Myrtle Beach Triathlon. not be able to enter, transit through, [email protected]. anchor in, or remain within the IV. Discussion of Proposed Rule SUPPLEMENTARY INFORMATION: regulated area without authorization The Coast Guard proposes to establish from the Captain of the Port Charleston I. Public Participation and Comments a temporary safety zone on the Atlantic or a designated representative, they We view public participation as Intracoastal Waterway in Myrtle Beach, would be able to operate in the essential to effective rulemaking, and South Carolina during the Xterra Myrtle surrounding area during the will consider all comments and material Beach Triathlon, on April 24, 2016. enforcement periods; (3) persons and received during the comment period. Approximately 75 swimmers are vessels would still be able to enter, Your comment can help shape the anticipated to participate in the race. transit through, anchor in, or remain outcome of this rulemaking. If you Persons and vessels desiring to enter, within the regulated area if authorized submit a comment, please include the transit through, anchor in, or remain by the Captain of the Port Charleston or docket number for this rulemaking, within the regulated area may contact a designated representative; and (4) the indicate the specific section of this the Captain of the Port Charleston by Coast Guard would provide advance document to which each comment telephone at (843) 740–7050, or a notification of the regulated area to the applies, and provide a reason for each designated representative via VHF radio local maritime community by Local suggestion or recommendation. on channel 16, to request authorization. Notice to Mariners and Broadcast Notice We encourage you to submit If authorization to enter, transit through, to Mariners. comments through the Federal anchor in, or remain within the B. Impact on Small Entities eRulemaking Portal at http:// regulated area is granted, all persons Under the Regulatory Flexibility Act, www.regulations.gov. If your material and vessels receiving such authorization 5 U.S.C. 601–612, we have considered cannot be submitted using http:// must comply with the instructions of whether this proposed rule would have www.regulations.gov, contact the person the Captain of the Port Charleston or a FOR FURTHER INFORMATION a significant economic impact on a in the designated representative. The Coast CONTACT substantial number of small entities. section of this document for Guard will provide notice of the safety The term ‘‘small entities’’ comprises alternate instructions. Documents zone by Local Notice to Mariners, small businesses, not-for-profit mentioned in this notice, and all public Broadcast Notice to Mariners, and on- organizations that are independently comments, are in our online docket at scene designated representatives. http://www.regulations.gov and can be owned and operated and are not viewed by following that Web site’s V. Regulatory Analyses dominant in their fields, and instructions. Additionally, if you go to governmental jurisdictions with We developed this proposed rule after the online docket and sign up for email populations of less than 50,000. considering numerous statutes and alerts, you will be notified when This rule may affect the following Executive Orders (E.O.s) related to comments are posted or a final rule is entities, some of which may be small rulemaking. Below we summarize our published. entities: The owner or operators of We accept anonymous comments. All analyses based on a number of these vessels intending to enter, transit comments received will be posted statutes and executive orders. through, anchor in, or remain within the without change to http:// A. Regulatory Planning and Review regulated area during the enforcement www.regulations.gov and will include period. However, for the reasons any personal information you have E.O.s 12866 (‘‘Regulatory Planing and discussed in Regulatory Planning and provided. For more about privacy and Review’’) and 13563 (‘‘Improving Review section above, this rule will not the docket, you may review a Privacy Regulation and Regulatory Review’’) have a significant economic impact on Act notice regarding the Federal Docket direct agencies to assess the costs and a substantial number of small entities. Management System in the March 24, benefits of available regulatory Therefore, the Coast Guard certifies 2005, issue of the Federal Register (70 alternatives and, if regulation is under 5 U.S.C. 605(b) that this proposed FR 15086). necessary, to select regulatory rule would not have a significant approaches that maximize net benefits economic impact on a substantial II. Table of Abbreviations (including potential economic, number of small entities. If you think CFR Code of Federal Regulations environmental, public health and safety that your business, organization, or DHS Department of Homeland Security effects, distributive impacts, and governmental jurisdiction qualifies as a E.O. Executive order equity). E.O.13563 emphasizes the small entity and that this rule would FR Federal Register importance of quantifying both costs have a significant economic impact on NPRM Notice of proposed rulemaking and benefits, of reducing costs, of Pub. L. Public Law it, please submit a comment (see harmonizing rules, and of promoting ADDRESSES) explaining why you think it § Section flexibility. U.S.C. United States Code qualifies and how and to what degree COTP Captain of the Port This proposed rule is not a significant this rule would economically affect it. regulatory action under section 3(f) of III. Basis, Purpose, and Background E.O. 12866, as supplemented by E.O. C. Assistance for Small Entities On February 8, 2016, Set Up Events 13563, and does not require an Under section 213(a) of the Small notified the Coast Guard that it will be assessment of potential costs and Business Regulatory Enforcement sponsoring the Xterra Myrtle Beach benefits under section 6(a)(3) of E.O. Fairness Act of 1996, Public Law 104– Swim from 7:15 a.m. to 9:15 a.m. on 12866. The Office of Management and 121, we want to assist small entities in April 24, 2016. The legal basis for the Budget (OMB) has not reviewed it under understanding this proposed rule so that proposed rule is the Coast Guard’s E.O. 12866. they can better evaluate its effects on

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them and participate in the rulemaking. have taking implications under E.O. not consider the use of voluntary If the proposed rule would affect your 12630 (‘‘Governmental Actions and consensus standards. small business, organization, or Interference with Constitutionally M. Environment governmental jurisdiction and you have Protected Property Rights’’). questions concerning its provisions or We have analyzed this proposed rule H. Civil Justice Reform options for compliance, please consult under Department of Homeland Lieutenant John Downing using the This proposed rule meets applicable Security Management Directive 023–01 contact information given in FOR standards in sections 3(a) and 3(b)(2) of and Commandant Instruction FURTHER INFORMATION CONTACT. The E.O. 12988, (‘‘Civil Justice Reform’’), to M16475.lD, which guide the Coast Coast Guard will not retaliate against minimize litigation, eliminate Guard in complying with the National small entities that question or complain ambiguity, and reduce burden. Environmental Policy Act of 1969 (42 about this rule or any policy or action U.S.C. 4321–4370f), and have made a I. Protection of Children of the Coast Guard. preliminary determination that this Small businesses may send comments We have analyzed this proposed rule action is one of a category of actions that on the actions of Federal employees under E.O. 13045 (‘‘Protection of do not individually or cumulatively who enforce, or otherwise determine Children from Environmental Health have a significant effect on the human compliance with, Federal regulations to Risks and Safety Risks’’). This rule is environment. This proposed rule the Small Business and Agriculture not an economically significant rule and involves a temporary safety zone issued Regulatory Enforcement Ombudsman would not create an environmental risk in conjunction with a regatta or marine and the Regional Small Business to health or risk to safety that might parade. This rule is categorically Regulatory Fairness Boards. The disproportionately affect children. excluded from further review under Ombudsman evaluates these actions paragraph 34(g) of Figure 2–1 of the annually and rates each agency’s J. Indian Tribal Governments Commandant Instruction. We seek any comments or information that may lead responsiveness to small business. If you This proposed rule does not have to the discovery of a significant wish to comment on actions by tribal implications under E.O. 13175 environmental impact from this rule. employees of the Coast Guard, call 1– (‘‘Consultation and Coordination with 888–REG–FAIR (1–888–734–3247). Indian Tribal Governments’’), because it N. Protest Activities D. Collection of Information would not have a substantial direct The Coast Guard respects the First effect on one or more Indian tribes, on Amendment rights of protesters. This proposed rule would not call for the relationship between the Federal a new collection of information under Protesters are asked to contact the Government and Indian tribes, or on the person listed in the FOR FURTHER the Paperwork Reduction Act of 1995 distribution of power and (44 U.S.C. 3501–3520). INFORMATION CONTACT section to responsibilities between the Federal coordinate protest activities so that your E. Federalism and Indian Tribal Government and Indian tribes. message can be received without Governments K. Energy Effects jeopardizing the safety or security of A rule has implications for federalism people, places, or vessels. We have analyzed this proposed rule under E.O. 13132, Federalism, if it has under E.O. 13211 (‘‘Actions Concerning List of Subjects in 33 CFR Part 165 a substantial direct effect on the States, Regulations That Significantly Affect on the relationship between the national Marine Safety, Navigation (water), Energy Supply, Distribution, or Use’’). government and the States, or on the Reporting and recordkeeping We have determined that it is not a distribution of power and requirements, Waterways. ‘‘significant energy action’’ under that responsibilities among the various For the reasons discussed in the order because it is not a ‘‘significant levels of government. We have analyzed preamble, the Coast Guard proposes to regulatory action’’ under E.O. 12866 and this proposed rule under that Order and amend 33 CFR part 165 as follows: is not likely to have a significant have determined that it is consistent adverse effect on the supply, PART 165—REGULATED NAVIGATION with the fundamental federalism distribution, or use of energy. AREAS AND LIMITED ACCESS AREAS principles and preemption requirements described in E.O. 13132. L. Technical Standards ■ 1. The authority citation for part 165 F. Unfunded Mandates Reform Act The National Technology Transfer continues to read as follows: The Unfunded Mandates Reform Act and Advancement Act, codified as a Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. note to 15 U.S.C. 272, directs agencies 191; 33 CFR 1.05–1(g), 6.04–1, and 160.5; of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation Federal agencies to assess the effects of to use voluntary consensus standards in their regulatory activities unless the No. 0170.1. their discretionary regulatory actions. In ■ 2. Add a temporary § 165.T07–0115 to agency provides Congress, through particular, the Act addresses actions read as follows: that may result in the expenditure by a OMB, with an explanation of why using State, local, or tribal government, in the these standards would be inconsistent § 165.T07–0115 Safety Zone; Xterra Swim, aggregate, or by the private sector of with applicable law or otherwise Myrtle Beach SC. $100,000,000 (adjusted for inflation) or impractical. Voluntary consensus (a) Regulated area. The rule more in any one year. Though this standards are technical standards (e.g., establishes a temporary safety zone on proposed rule would not result in such specifications of materials, performance, certain waters of Intracoastal Waterway, an expenditure, we do discuss the design, or operation; test methods; Myrtle Beach, South Carolina. The effects of this rule elsewhere in this sampling procedures; and related temporary safety zone consists of the preamble. management systems practices) that are following two points of position and the developed or adopted by voluntary North shore: 33°45.076 N., 78°50.790 G. Taking of Private Property consensus standards bodies. W., to 33°45.323 N., 78°50.214 W. All This proposed rule would not cause a This proposed rule does not use coordinates are North American Datum taking of private property or otherwise technical standards. Therefore, we did 1983.

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(b) Definition. As used in this section, Stamp Program, and clarify how many proposal supersedes (but incorporates) ‘‘designated representative’’ means semipostal stamps issued under that the amendments previously published Coast Guard Patrol Commanders, program may be on sale at any one time. on January 22, 2016. The proposed including Coast Guard coxswains, petty DATES: Comments must be received on changes are summarized below. officers, and other officers operating or before April 4, 2016. Proposed Changes Coast Guard vessels, and Federal, state, ADDRESSES: Mail or deliver written The proposed revision of § 551.3 and local officers designated by or comments to the Manager, Stamp streamlines and simplifies the selection assisting the Captain of the Port Products & Exhibitions, U.S. Postal process for the causes to receive funds Charleston in the enforcement of the Service®, 475 L’Enfant Plaza SW., Room raised through the sale of semipostal regulated areas. 3306, Washington DC 20260. You may stamps, and states the Postal Service’s (c) Regulations. (1) All persons and inspect and photocopy all written intention to issue five such stamps over vessels are prohibited from entering, comments at the Stamp Products & the statutory ten-year period. It also transiting through, anchoring in, or Exhibitions office by appointment only remaining within the regulated area, notifies the public that no further between the hours of 9 a.m. and 4 p.m., consideration will be given to except persons and vessels participating Monday through Friday, by calling 202– in the Xterra Swim, Myrtle Beach, or previously submitted proposals but that 268–6711 in advance. Email and faxed such proposals may be resubmitted serving as safety vessels. comments are not accepted. (2) Persons and vessels desiring to under the revised regulations. The FOR FURTHER INFORMATION CONTACT: Lori enter, transit through, anchor in, or paragraph relating to proposals Mazzone, Manager, Stamp Products & remain within the regulated area may regarding the same subject and Exhibitions, 202–268–6711, contact the Captain of the Port proposals for the sharing of funds [email protected]. Charleston by telephone at (843) 740– between two agencies is edited for 7050, or a designated representative via SUPPLEMENTARY INFORMATION: clarity and moved to § 551.4, concerning VHF radio on channel 16, to request Background submission requirements and criteria, authorization. If authorization to enter, where it more appropriately belongs. The Semipostal Authorization Act, transit through, anchor in, or remain The proposed revision of § 551.4 Pub. L. 106–253, grants the Postal within the regulated area is granted, all sharpens the submission requirements Service discretionary authority to issue persons and vessels receiving such and, among other things, makes Postal and sell semipostal stamps to advance authorization must comply with the Service employees ineligible to submit such causes as it considers to be ‘‘in the instructions of the Captain of the Port proposals for semipostal stamps. national public interest and The proposed revision of § 551.5(a) Charleston or a designated appropriate.’’ See 39 U.S.C. 416(b). On would remove certain restrictions on the representative. (3) The Coast Guard will provide June 12, 2001, the Postal Service commencement date of the notice of the regulated area by Marine published a final rule establishing the discretionary Semipostal Stamp Safety Information Bulletins, Local regulations in 39 CFR part 551 for the Program. Under current regulations, the Notice to Mariners, Broadcast Notice to discretionary Semipostal Stamp 10-year period for the discretionary Mariners, and on-scene designated Program (66 FR 31826). Minor revisions semipostal stamp program commences representatives. were made to these regulations to on a date determined by the Office of (d) Enforcement period. This rule will implement Pub. L. 107–67, 115 Stat. 514 Stamp Services, but that date must be be enforced on April 24, 2016 from 7:15 (2001), and to reflect minor after the sales period of the Breast a.m. until 9:15 a.m. organizational changes in the Postal Cancer Research stamp (BCRS) is Service (67 FR 5215 (February 5, 2002)). concluded. Most recently, Public Law Dated: February 26, 2016. On February 19, 2004, the Postal Service 114–99 (December 11, 2015) extended G.L. Tomasulo, published a final rule clarifying the that sales period to December 31, 2019. Captain, U.S. Coast Guard, Captain of the cost-offset policy for semipostal stamps Under the proposed revision, the 10- Port Charleston. (69 FR 7688), and on February 9, 2005, year period will commence on a date [FR Doc. 2016–04664 Filed 3–2–16; 8:45 am] the Postal Service also published an determined by the Office of Stamp BILLING CODE 9110–04–P additional minor clarifying revision to Services, but the date need not be after these cost-offset regulations (70 FR the BCRS sale period concludes. 6764). The proposed revision of § 551.5(b) POSTAL SERVICE Most recently, on January 22, 2016, would clarify that although only one the Postal Service published a proposed semipostal stamp under the 39 CFR Part 551 amendment to 39 CFR 551.5 to remove discretionary Semipostal Stamp certain restrictions on the Program under 39 U.S.C. 416 (a Semipostal Stamp Program commencement date for the ‘‘discretionary program semipostal AGENCY: Postal ServiceTM. discretionary Semipostal Stamp stamp’’) will be offered for sale at any ACTION: Proposed rule. Program, and clarify how many one time, other semipostal stamps semipostal stamps issued under that required to be issued by Congress (such SUMMARY: This proposed rule would program may be on sale at any one time as the BCRS) may be on sale when a revise the provisions governing the (81 FR 3762). discretionary program semipostal stamp Postal Service’s discretionary Upon further consideration, however, is on sale. Current regulations state that Semipostal Stamp Program to simplify it was determined that a further revision the Postal Service will offer only one and expedite the process for selecting of the rules concerning the discretionary semipostal stamp for sale at any given causes for semipostal stamps, and Semipostal Stamp Program was time during the 10-year period (not facilitate the issuance of five such necessary to facilitate its smooth and specifying whether it is a discretionary stamps over a 10-year period. It would efficient operation. Accordingly, the program semipostal stamp or a also remove certain restrictions on the Postal Service now proposes and invites semipostal stamp required by Congress). commencement date for the Postal comments upon a more detailed Under the proposed revision, the one-at- Service’s discretionary Semipostal revision of 39 CFR part 551. This a-time limitation on the sale of

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semipostal stamps would apply only to through other means, as it determines in (1) Interested persons must timely discretionary program semipostal its discretion. Proposals for semipostal submit the proposal by U.S. Mail to the stamps. stamps made prior to May 16, 2016, or Office of Stamp Services, Attn: To minimize confusion regarding the effective date of this regulation, Semipostal Discretionary Program, 475 applicable postage rates, the proposed whichever is later, will not be given L’Enfant Plaza SW., Room 3300, revision of § 551.6 specifies that for further consideration. Nothing in these Washington, DC 20260–3501, or in a purposes of calculating the price of a regulations should be construed as single Adobe Acrobat (.pdf) file sent by semipostal, the First-Class Mail® single- barring the resubmission of previously email to [email protected]. Indicate piece stamped first-ounce rate of submitted causes and recipient in the Subject Line: Semipostal postage will be considered ‘‘the rate of executive agencies. Discretionary Program. For purposes of postage that would otherwise regularly (b) Proposals will be received by the this section, interested persons include, apply.’’ Office of Stamp Services, which will but are not limited to, individuals, List of Subjects in 39 CFR Part 551 review each proposal under § 551.4. corporations, associations, and (c) The Office of Stamp Services will executive agencies under 5 U.S.C. 105. Administrative practice and forward those proposals that satisfy the (2) The proposal must be signed by procedure. requirements of § 551.4 to the Citizens’ the individual or a duly authorized In accordance with 39 U.S.C. Stamp Advisory Committee for its representative and must provide the 416(e)(2), the Postal Service invites consideration. mailing address, phone number, fax public comment on the following (d) Based on the proposals received number (if available), and email address proposed amendments to the Code of from the Office of Stamp Services, the of a designated point of contact. Federal Regulations. For the reasons Citizens’ Stamp Advisory Committee (3) The proposal must describe the stated in the preamble, the Postal may make recommendations on causes cause and the purposes for which the Service proposes to revise 39 CFR part and eligible recipient executive agencies funds would be used. (4) The proposal must demonstrate 551 as follows: to the postmaster general. The Citizens’ that the cause to be funded has broad Stamp Advisory Committee may PART 551—[AMENDED] national appeal, and that the cause is in recommend more than one cause and the national public interest and furthers ■ eligible recipient executive agency at 1. The authority citation for 39 CFR human welfare. Respondents are the same time. part 551 continues to read as follows: encouraged to submit supporting (e) Meetings of the Citizens’ Stamp Authority: 39 U.S.C. 101, 201, 203, 401, documentation demonstrating that Advisory Committee are closed, and 403, 404, 410, 414, 416. funding the cause would benefit the deliberations of the Citizens’ Stamp ■ 2. Revise § 551.3 to read as follows: national public interest. Advisory Committee are pre-decisional (5) The proposal must include a letter § 551.3 Procedure for selection of causes in nature. from an executive agency or agencies on and recipient executive agencies. (f) In making decisions concerning agency letterhead representing that: The Postal Service has discretionary semipostal stamps, the postmaster (i) It is an executive agency as defined authority to select causes and recipient general may take into consideration in 5 U.S.C. 105, executive agencies to receive funds such factors, including the (ii) It is willing and able to implement raised through the sale of semipostal recommendations of the Citizens’ Stamp the proposal, and stamps. These regulations apply only to Advisory Committee, as the postmaster (iii) It is willing and able to meet the such discretionary semipostal stamps general determines are appropriate. The requirements of the Semipostal and do not apply to semipostal stamps decision of the postmaster general shall Authorization Act, if it is selected. The that are mandated by Act of Congress, be the final agency decision. letter must be signed by a duly such as the Breast Cancer Research (g) The Office of Stamp Services will authorized representative of the agency. stamp. The procedure for selection of notify each executive agency in writing (6) (i) A proposal may designate one causes and recipient executive agencies of a decision designating that agency as or two recipient executive agencies to is as follows: a recipient of funds from a semipostal receive funds, but if more than one (a) The Office of Stamp Services will stamp. executive agency is proposed, the accept proposals from interested (h) As either a separate matter, or in proposal must specify the percentage persons for future semipostal stamps combination with recommendations on shares of differential revenue, net of the beginning on May 16, 2016, or the a cause and recipient executive Postal Service’s reasonable costs, to be effective date of this regulation, agencies, the Citizens’ Stamp Advisory given to each agency. If percentage whichever is later. The Office of Stamp Committee may recommend to the shares are not specified, it is presumed Services will begin considering postmaster general a design (i.e., that the proposal intends that the funds proposals on July 1, 2016, or 45 days artwork) for the semipostal stamp. The be split evenly between the agencies. If after the effective date of this regulation, postmaster general will make a final more than two recipient executive whichever is later. The Postal Service decision on the design to be featured. agencies are proposed to receive funds intends to issue five semipostal stamps (i) The decision of the postmaster and the proposal is selected, the under these regulations during the 10- general to exercise the Postal Service’s postmaster general will provide the year period established by Congress in discretionary authority to issue a recipient executive agencies with an 39 U.S.C. 416(g). Each semipostal stamp semipostal stamp is final and not opportunity to jointly decide which two will be sold for no more than two years. subject to challenge or review. agencies will receive funds. If the Proposals may be submitted and will be ■ 3. Revise § 551.4 to read as follows: agencies are unable to reach a joint considered on a rolling basis until May decision within 20 days, the postmaster 15, 2023, or seven years after the § 551.4 Submission requirements and general shall either decide which two effective date of this regulation, selection criteria. agencies will receive funds or select whichever is later. The Office of Stamp (a) Proposals on recipient executive another proposal. Services may publicize this request for agencies and causes must satisfy the (ii) If more than one proposal is proposals in the Federal Register or following requirements: submitted for the same cause, and the

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proposals would have different (c) The sales period for any given Reconsideration must been filed by executive agencies receiving funds, the discretionary semipostal stamp is February 29, 2016, and replies to an funds may be evenly divided among the limited to no more than two years, as opposition must be filed on or before executive agencies, with no more than determined by the Office of Stamp March 25, 2016. This document corrects two agencies being designated to receive Services. the due date for replies to an opposition. funds, as determined by the postmaster (d) Prior to or after the issuance of a DATES: Replies to an opposition to the general. given discretionary semipostal stamp, petition for reconsideration published (b) Proposals become the property of the Postal Service may withdraw the February 12, 2016 (81 FR 7491) must be the Postal Service and are not returned semipostal stamp from sale, or to reduce filed on or before March 10, 2016. to interested persons who submit them. the sales period, if, inter alia: FOR FURTHER INFORMATION CONTACT: Interested persons who submit (1) Its sales or revenue statistics are Hugh Van Tuyl, Policy and Rules proposals are not entitled to any lower than expected, Division, Office of Engineering and remuneration, compensation, or any (2) The sales or revenue projections Technology, (202) 418–7506, email: other form of payment, whether their are lower than expected, or [email protected]. Paul Murray, proposals are selected or not, for any (3) The cause or recipient executive Policy and Rules Division, Office of reason. agency does not further, or does not Engineering and Technology, (202) 418– (c) The following persons may not comply with, the statutory purposes or 0688, email: [email protected]. submit proposals: requirements of the Semipostal (1) Employees of the United States Authorization Act. Correction Postal Service; ■ 6. Revise § 551.6 to read as follows: In the Federal Register of February (2) Any contractor of the Postal 12, 2016, in FR Doc. 2016–02899, on Service that may stand to benefit § 551.6 Pricing. page 7491, in the second column, financially from the Semipostal Stamp (a) The Semipostal Authorization Act, correct the DATES caption to read: Program; or as amended by Public Law 107–67, (3) Members of the Citizens’ Stamp section 652, 115 Stat. 514 (2001), DATES: Oppositions to Petitions for Advisory Committee and their prescribes that the price of a semipostal Reconsideration must been filed by immediate families, and contractors of stamp is the rate of postage that would February 29, 2016. Replies to an the Postal Service, and their immediate otherwise regularly apply, plus a opposition must be filed on or before families, who are involved in any differential of not less than 15 percent. March 10, 2016. decision-making related to causes, The price of a semipostal stamp shall be Federal Communications Commission. recipient agencies, or artwork for the an amount that is evenly divisible by Marlene H. Dortch, Semipostal Stamp Program. five. For purposes of this provision, the Secretary. ® (d) Consideration for evaluation will First-Class Mail single-piece stamped [FR Doc. 2016–04521 Filed 3–2–16; 8:45 am] not be given to proposals that request first-ounce rate of postage will be BILLING CODE 6712–01–P support for any of the following: considered the rate of postage that Anniversaries; public works; people; would otherwise regularly apply. specific organizations or associations; (b) The prices of semipostal stamps DEPARTMENT OF COMMERCE commercial enterprises or products; are determined by the Governors of the cities, towns, municipalities, counties, United States Postal Service in National Oceanic and Atmospheric or secondary schools; hospitals, accordance with the requirements of 39 Administration libraries, or similar institutions; U.S.C. 416. religious institutions; causes that do not 50 CFR Part 622 further human welfare; or causes Stanley F. Mires, determined by the Postal Service or the Attorney, Federal Compliance. [Docket No. 160211104–6104–01] Citizens’ Stamp Advisory Committee to [FR Doc. 2016–04646 Filed 3–2–16; 8:45 am] RIN 0648–BF70 be inconsistent with the spirit, intent, or BILLING CODE 7710–12–P history of the Semipostal Authorization Fisheries of the Caribbean, Gulf of Act. Mexico, and South Atlantic; Reef Fish (e) Artwork and stamp designs may FEDERAL COMMUNICATIONS Fishery of the Gulf of Mexico; Gag not be submitted with proposals. COMMISSION Management Measures ■ 5. Revise § 551.5 to read as follows: 47 CFR Parts 15 and 74 AGENCY: National Marine Fisheries § 551.5 Frequency and other limitations. Service (NMFS), National Oceanic and (a) The Postal Service is authorized to [OET Docket Nos. 14–165, 14–166 and 12– Atmospheric Administration (NOAA), issue semipostal stamps for a 10-year 268; Report No. 3037] Commerce. period beginning on the date on which Petitions for Reconsideration of Action ACTION: Proposed rule; request for semipostal stamps are first sold to the in a Rulemaking Proceeding; comments. public under 39 U.S.C. 416. The Office Correction of Stamp Services will determine the SUMMARY: NMFS proposes to implement date of commencement of the 10-year AGENCY: Federal Communications management measures described in a period. Commission. framework action to the Fishery (b) The Postal Service will offer only ACTION: Petition for reconsideration; Management Plan for the Reef Fish one discretionary semipostal stamp for correction. Resources of the Gulf of Mexico (FMP), sale at any given time during the 10-year as prepared by the Gulf of Mexico period, although a discretionary SUMMARY: On February 12, 2016, the Fishery Management Council (Council). semipostal stamp may be offered for sale Commission published a summary of If implemented, this action would revise at the same time as one or more Commission’s document, Report No. the recreational closed season for gag congressionally mandated semipostal 3037, 81 FR 7491, announcing that and the recreational minimum size stamps. oppositions to Petitions for limits for gag and black grouper in the

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Gulf of Mexico (Gulf) exclusive Background Gag and Black Grouper Minimum Size economic zone. The purpose of this The Magnuson-Stevens Act requires Limits proposed rule is to optimize recreational NMFS and regional fishery management The current gag and black grouper opportunities to harvest gag and to councils to achieve on a continuing recreational minimum size limits in address inconsistencies in the basis the optimum yield from federally Gulf Federal waters are both set at 22 recreational minimum size limits for gag managed fish stocks. This mandate is inches (55.9 cm), total length (TL). The and black grouper in the Gulf and South intended to ensure that fishery current gag and black grouper minimum Atlantic. resources are managed for the greatest size limit in South Atlantic Federal DATES: Written comments must be overall benefit to the nation, particularly waters is 24 inches (61.0 cm), TL for received on or before April 4, 2016. with respect to providing food both species and for both the ADDRESSES: You may submit comments production and recreational commercial and recreational sectors. For on the proposed rule, identified by opportunities, while also protecting the state of Florida, in state waters off ‘‘NOAA–NMFS–2016–0010’’ by either marine ecosystems. Monroe County in the Gulf, the of the following methods: The 2014 Southeast Data, Assessment recreational minimum size limit for gag and Review (SEDAR 33) benchmark and black grouper is 24 inches (61.0 • Electronic Submission: Submit all stock assessment indicates that the Gulf cm), TL. This proposed rule would electronic public comments via the gag stock is not overfished or increase the recreational minimum size Federal e-Rulemaking Portal. Go to undergoing overfishing as of 2012, the limit for both species to 24 inches (61.0 www.regulations.gov/ last year of data used in SEDAR 33. cm), TL, to be consistent with the #!docketDetail;D=NOAA-NMFS-2016- However, as described in the framework Federal waters of the South Atlantic and 0010, click the ‘‘Comment Now!’’ icon, action, the Council’s Reef Fish Advisory state waters off Monroe County, Florida. complete the required fields, and enter Panel, the Council’s Science and The Council decided that the benefits of or attach your comments. Statistical Committee (SSC), and public having a size limit for these species that • Mail: Submit written comments to testimony, all suggested that the Council is consistent with both the South Richard Malinowski, Southeast Regional use caution when setting the gag annual Atlantic and the state size limits for the Office, NMFS, 263 13th Avenue South, catch limits (ACL) and annual catch waters off Monroe County, Florida, will St. Petersburg, FL 33701. targets (ACT). Therefore, the Council outweigh any impacts of increased Instructions: Comments sent by any decided not to modify the Gulf gag ACL discard rates for these species. other method, to any other address or or ACT in this framework action. Furthermore, gag are sometimes individual, or received after the end of Additionally, the 2010 SEDAR 19 misidentified as black grouper and the comment period, may not be benchmark assessment for black grouper having the same recreational minimum considered by NMFS. All comments found that the Gulf black grouper stock size limit for gag and black grouper may received are a part of the public record was neither overfished nor undergoing assist the public in complying with the and will generally be posted for public overfishing. applicable regulations for gag and black viewing on www.regulations.gov grouper. Additionally, increasing the Management Measures Contained in without change. All personal identifying recreational minimum size limit for This Proposed Rule information (e.g., name, address, etc.), these species is expected to provide the confidential business information, or This rule would revise the opportunity for more gag and black otherwise sensitive information recreational closed season for gag and grouper to become sexually mature and submitted voluntarily by the sender will the recreational minimum size limits for spawn. be publicly accessible. NMFS will gag and black grouper in the Gulf. accept anonymous comments (enter Classification Gag Recreational Closed Season ‘‘N/A’’ in the required fields if you wish Pursuant to section 304(b)(1)(A) of the to remain anonymous). The current closed season for the gag Magnuson-Stevens Act, the NMFS Electronic copies of the framework recreational sector is January 1 through Assistant Administrator has determined action, which includes an June 30 and December 3 through that this proposed rule is consistent environmental assessment, a regulatory December 31, annually. This closed with the framework action, the FMP, impact review, and a Regulatory season was established in Amendment other provisions of the Magnuson- Flexibility Act (RFA) analysis may be 32 to the FMP to help prevent the gag Stevens Act, and other applicable law, obtained from the Southeast Regional recreational ACL from being exceeded subject to further consideration after Office Web site at http://sero.nmfs.noaa. (77 FR 6988, February 10, 2012). public comment. gov/sustainable_fisheries/gulf_fisheries/ This rule would revise the gag This proposed rule has been reef_fish/2016/gag_and_black_grouper_ recreational closed season to be from determined to be not significant for framework/index.html. January 1 to May 31, annually. The purposes of Executive Order 12866. intent of this revised closed season The Chief Counsel for Regulation of FOR FURTHER INFORMATION CONTACT: would be to reduce the amount of dead the Department of Commerce certified Richard Malinowski, Southeast Regional discards of gag that occur during the to the Chief Counsel for Advocacy of the Office, NMFS, telephone: 727–824– Gulf’s recreational season for red Small Business Administration (SBA) 5305, email: [email protected]. snapper that begins on June 1, annually, that this rule, if adopted, would not SUPPLEMENTARY INFORMATION: The Gulf and to extend the gag recreational have a significant economic impact on reef fish fishery, which includes gag and fishing season beyond the current a substantial number of small entities. black grouper, is managed under the December closure date to provide the The factual basis for this determination FMP. The FMP was prepared by the opportunity for the recreational sector to is as follows: Council and is implemented through harvest the recreational ACL. The gag A description of this proposed rule, regulations at 50 CFR part 622 under the recreational ACT was only exceeded why it is being considered, and the authority of the Magnuson-Stevens once, and the recreational ACL has objectives of this proposed rule are Fishery Conservation and Management never been exceeded since ACLs and contained in the preamble and in the Act (Magnuson-Stevens Act). ACTs were established for gag in 2011. SUMMARY section of the preamble. The

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Magnuson-Stevens Act provides the List of Subjects in 50 CFR Part 622 DEPARTMENT OF COMMERCE statutory basis for this proposed rule. This proposed rule, if implemented, Black grouper, Fisheries, Fishing, Gag, National Oceanic and Atmospheric would not be expected to directly affect Gulf, Recreational, Reef fish, Size limits. Administration any small entities. This proposed rule Dated: February 25, 2016. would modify the gag and black grouper 50 CFR Part 648 Samuel D. Rauch III, recreational minimum size limits and the gag recreational season in the Gulf. Deputy Assistant Administrator for [Docket No. 160120042–6042–01] Regulatory Programs, National Marine Only recreational anglers, who may fish RIN 0648–BF69 from shore, man-made structures, Fisheries Service. private, rental, or charter vessels, and For the reasons set out in the Magnuson-Stevens Fishery headboats, are allowed a bag or preamble, 50 CFR part 622 is proposed Conservation and Management Act possession limit of grouper species in to be amended as follows: Provisions; Fisheries of the the Gulf. Captains or crew members on Northeastern United States; Northeast charter vessels or headboats, as well as PART 622—FISHERIES OF THE Groundfish Fishery; Recreational commercial vessels, cannot harvest or CARIBBEAN, GULF OF MEXICO, AND Management Measures possess gag or black grouper under the SOUTH ATLANTIC recreational bag limits. As a result of AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and only recreational anglers being allowed ■ 1. The authority citation for part 622 a bag or possession limit, only Atmospheric Administration (NOAA), continues to read as follows: recreational anglers would be directly Commerce. affected by the proposed changes to the Authority: 16 U.S.C. 1801 et seq. ACTION: Proposed rule; request for gag and black grouper recreational comments. ■ minimum size limits and the gag 2. In § 622.34, paragraph (e) is revised recreational season dates. Recreational to read as follows: SUMMARY: NMFS proposes to modify anglers, however, are not considered to recreational fishery management § 622.34 Seasonal and area closures measures for Gulf of Maine cod and be small entities under the RFA and the designed to protect Gulf reef fish. economic effects of this proposed rule haddock, including daily bag limits, size on these anglers are outside the scope of * * * * * limits, and seasonal possession the RFA. (e) Seasonal closure of the restrictions. This action is necessary to Charter vessels and headboats (for- recreational sector for gag. The increase recreational fishing hire vessels) sell fishing services to recreational sector for gag, in or from the opportunities and catch of cod and recreational anglers. Because the Gulf EEZ, is closed from January 1 haddock in a manner consistent with proposed change in the gag and black through May 31. During the closure, the anticipated catch limit increases. The grouper minimum size limits and the bag and possession limits for gag in or intended effect of this action is to change to the gag recreational season from the Gulf EEZ are zero. ensure the recreational fishery can would not directly alter the services achieve but not exceed its catch limits. * * * * * sold by these vessels, this proposed rule DATES: Comments must be received by would not directly apply to or regulate ■ 3. In § 622.37, paragraphs (b)(1) and March 18, 2016. their operations. Any change in demand (b)(5)(ii) are revised to read as follows: ADDRESSES: You may submit comments for these fishing services, and associated § 622.37 Size limits. on this document, identified by NOAA– economic effects, as a result of changing NMFS–2016–0011, by either of the the minimum size limits and * * * * * following methods: recreational season would be a (b) * * * Electronic Submission: Submit all consequence of behavioral change by (1) Gag—(i) For a person not subject electronic public comments via the anglers, secondary to any direct effect Federal e-Rulemaking Portal. on anglers and, therefore, an indirect to the bag limit specified in § 622.38 (b)(2)—22 inches (55.9 cm), TL. 1. Go to www.regulations.gov/ effect of the proposed rule. Because the #!docketDetail;D=NOAA-NMFS-2016- effects on for-hire vessels would be (ii) For a person subject to the bag 0011. indirect, they fall outside the scope of limit specified in § 622.38(b)(2)—24 2. Click the ‘‘Comment Now!’’ icon, the RFA. inches (61.0 cm), TL. complete the required fields, and The information provided above * * * * * 3. Enter or attach your comments. supports a determination that this rule would not have a significant economic (5) * * * – OR – impact on a substantial number of small (ii) For a person subject to the bag Mail: Submit written comments to: entities. Because this rule, if limit specified in § 622.38(b)(2)—24 John K. Bullard, Regional implemented, is not expected to have a inches (61.0 cm), TL. Administrator, National Marine significant economic impact on any Fisheries Service, 55 Great Republic * * * * * small entities, an initial regulatory Drive, Gloucester, MA 01930. Mark the [FR Doc. 2016–04655 Filed 3–2–16; 8:45 am] flexibility analysis is not required and outside of the envelope, ‘‘Comments on none has been prepared. BILLING CODE 3510–22–P groundfish recreational fishing No duplicative, overlapping, or management measures.’’ conflicting Federal rules have been Instructions: Comments sent by any identified. In addition, no new other method, to any other address or reporting, record-keeping, or other individual, or received after the end of compliance requirements are introduced the comment period, may not be by this proposed rule. Accordingly, this considered by NMFS. All comments rule does not implicate the Paperwork received are a part of the public record Reduction Act. and will generally be posted for public

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viewing on www.regulations.gov EA was prepared by the New England SUPPLEMENTARY INFORMATION: without change. All personal identifying Fishery Management Council. Copies of Proposed Modifications to Recreational information (e.g., name, address, etc.), the Framework 55 EA and supplemental Management Measures confidential business information, or EA are available from: John K. Bullard, otherwise sensitive information Regional Administrator, National We are proposing to increase submitted voluntarily by the sender will Marine Fisheries Service, 55 Great recreational fishing opportunities for be publicly accessible. NMFS will Republic Drive, Gloucester, MA 01930. Gulf of Maine (GOM) cod and haddock accept anonymous comments (enter ‘‘N/ The Framework 55 EA and supplement starting May 1, 2016. The proposed A’’ in the required fields if you wish to are also accessible via the Internet at: changes would allow anglers to retain remain anonymous). http://www.greateratlantic.fisheries. one cod per day during the months of In support of the proposed action, noaa.gov/sustainable/species/ August and September and keep up to NMFS prepared a supplemental multispecies/. 15 haddock per day for most of the environmental assessment (EA) to FOR FURTHER INFORMATION CONTACT: fishing year. Table 1, below, Framework Adjustment 55 to the William Whitmore, Fishery Policy summarizes the proposed measures Northeast Multispecies Fishery Analyst, phone: 978–281–9182; email: compared to the fishing year 2015 Management Plan. The Framework 55 [email protected]. measures.

TABLE 1—PROPOSED CHANGES TO GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES

Current measures Proposed measures

Stock Per day Season when Per day Season when possession possession limit (fish per Minimum fish size possession is limit (fish per Minimum fish size possession is angler) permitted angler) permitted

GOM Cod * ...... Possession Prohibited Year-Round 1 24 inches (61.0 August 1–Sep- cm).. tember 30.

GOM Haddock ...... 3 17 inches (43.2 cm) May 1– August 31, 15 17 inches (43.2 Year Round Except 2015 and Novem- cm).. April 15–30. ber 1–February 29, 2016. * The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort regulations if the prohibition is removed.

Background These catch limit increases will be recreational fishery will remain within proposed in a separate rulemaking for the final catch limits implemented for Framework Adjustment 55 Proposes To Framework Adjustment 55 to the fishing year 2016. Increase Recreational Catch Limits Northeast Multispecies Fishery A peer-reviewed bioeconomic model, The Northeast Fishery Science Center Management Plan (FMP) which is developed by the Center, was used to (Center) conducted operational stock expected to be published in the Federal estimate 2016 recreational GOM cod assessments for all 20 groundfish stocks Register in the next few weeks. Final and haddock mortality under various in September 2015. The assessment approval of the recreational measures combinations of minimum sizes, concluded that the GOM haddock stock proposed in this action is contingent possession limits, and closed seasons. biomass continues to increase, and as a upon approval of the catch limit Catch data and model projections result, a substantial catch-limit increase increases proposed in Framework 55. suggest that the recreational fleet is not (150 percent) is anticipated for the 2016 Framework 55 also proposes to remove expected to exceed its fishing year 2015 fishing year. The assessment also the GOM cod retention prohibition in catch limits for GOM cod or haddock. concluded that, although GOM cod the recreational fishery. If catch limits Based on the Framework 55 catch limits remains overfished and subject to or management measures other than recommended by the Council for the overfishing, biomass has increased those to be proposed in Framework 55 2016 fishing year, analyses indicate that slightly. A 30-percent increase to the rulemaking are implemented, we will recreational catch for both GOM cod catch limit for GOM cod is expected for adjust recreational measures as and haddock could be increased (Table 2016. necessary to ensure that catch from the 2).

TABLE 2—PROJECTED FISHING YEAR 2015 AND 2016 RECREATIONAL CATCH INFORMATION FOR GOM COD AND HADDOCK

Fishing year 2015 Fishing year 2016 Percent of Catch limit Projected Percent of Catch limit catch limit Stock (mt) catch (mt) catch limit (mt) * increase from caught 2015

GOM Cod ...... 121 69 57 157 30 GOM Haddock ...... 372 301 81 926 149 * NMFS will propose fishing year 2016 recreational catch limits in a separate Framework 55 rulemaking.

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How Management Alternatives and the fishing effort on GOM haddock should data in two month ‘‘waves’’ (for Proposed Measures Were Developed be increased and suggested that bag example, wave 1 is January-February; Each year, pursuant to the regulations limits increase from 3 to 15 fish per wave 2 is March-April). Since MRIP within the FMP, we may consult with angler per day. The Council, RAP, and data is provided in waves, the the New England Fishery Management Committee also recomended that the bioeconomic model used to develop Council and modify recreational fishing season for GOM haddock should recreational management measures management measures to help the be substantially extended. estimates effort and catch by 2 month fishery achieve optimum yield while The Council, RAP, and Committee waves as well. As a result, seasonal ensuring that catch limits are not agreed that the GOM cod recreational closures and openings are typically exceeded. The Center’s bioeconomic retention prohibition should be implemented in line with the MRIP model results were presented to the removed. However, they debated when waves. Council, its Recreational Advisory Panel anglers should be permitted to retain Additional information and analyses (RAP), and its Groundfish Oversight GOM cod (Table 3). The Marine on these alternatives is included in a Committee in November and December Recreational Information Program supplemental Environmental 2015. These groups concurred that (MRIP) gathers fishing effort and catch Assessment (see ADDRESSES). TABLE 3—ESTIMATED FISHING YEAR 2016 MORTALITY OF GOM COD AND HADDOCK BY MANAGEMENT ALTERNATIVE *

Haddock Cod Total Size Total Total Total mortality Angler trips Alternative Bag limit (in/ Open mortality mortality as Bag Size limit Open mortality as limit cm) season (mt) percent of limit (in/cm) season (mt) percent of quota quota

Current Rec- 3 17/43.2 Waves 3, 4, 6, 1 ... 405 44% 0 n/a Closed 66 42% 117,139 reational Meas- ures. 2016 RAP Rec- 15 17/43.2 All year, except 709 76% 1 24/61.0 Jul–Aug 132 84% 168,125 ommendation. April 15–30. 2016 Committee 15 17/43.2 All year, except 707 76% 1 24/61.0 Sept– 114 73% 167,549 Recommenda- April 15–30. Oct. tion. 2016 Council Rec- 15 17/43.2 All year, except 707–709 76% 1 24/61.0 Aug– 114–132 73–84% 167,549–168,125 ommendation. April 15–30. Sept. * The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM haddock recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.

There was general agreement among The Groundfish Committee the potential data trade-off. There is a the Council, RAP, and Committee that considered the RAP’s recommendation substantial ‘‘buffer’’ between the catch the GOM cod daily bag limit could not and evaluated the trade-offs between forecasted by the model and the exceed more than 1 fish per person per opening waves 4 or 5. The Committee proposed catch limits, and we will be day. The RAP debated whether anglers recommended opening wave 5, citing a modifying the model in the future to should be able to retain that one cod preference to extend the recreational reduce management uncertainty where during the months of July and August fishing season further into the fall. possible. We believe that the Council’s (wave 4) or September and October The Council proposed a compromise, suggestion is appropriate and are (wave 5). According to the model, recommending that anglers should be therefore proposing it for this action. opening wave 4 would result in slightly able to retain one cod during the months We are providing a 15-day comment more trips being taken compared to of August and September (the second opening wave 5; however, both options month of wave 4 and the first month of period for this rule. A 15-day comment are expected to keep catch within the wave 5). We propose to adopt the period, coupled with extensive public proposed limits. Most RAP members Council’s recommendations in this comment periods at three different initially supported opening wave 5 action. Council-related meetings during the because it would result in less cod being We intend to modify our bioeconomic development of this action, provides caught, which may provide additional model so we can project effort and catch sufficient opportunity for public input conservation benefits. The RAP also at a monthly level, but there is some on the proposed measures. The Council discussed that opening wave 5 would concern that a revised model may not did not recommend management extend the primary summer fishing work if there is insufficient data at the measures to NMFS until December season further into the fall, potentially monthly level. Since MRIP effort and 2015; as a result were unable to develop creating additional fishing opportunities catch data is reported by 2-month a proposed rule any sooner than this. that would help charter and party boat waves, reducing the length of time from Recreational fishing businesses and businesses. However, opening wave 5 two months to one would reduce the fishermen are currently scheduling would not benefit private anglers as amount of samples that would be fishing trips and these proposed much because fewer private anglers fish incorporated into the model, potentially measures will provide them with in the fall compared to the summer. increasing variability and uncertainty in additional information to assist their Because allowing cod retention during the model, which could cause the model planning efforts. Since these measures July and August, when most anglers are to fail. We believe this to be unlikely, increase fishing opportunities, fishing, would provide the greatest but still a possibility. announcing these measures quickly will overall benefits, the RAP endorsed The increased flexibility from the provide additional support to opening wave 4. proposed measure appears to outweigh recreational-fishing businesses.

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Classification because they all have less than $7.5 Dated: February 25, 2016. Pursuant to section 304(b)(1)(A) of the million in annual receipts. As a result, Samuel D. Rauch III, Magnuson-Stevens Act, the NMFS the impacts of these measures are not Deputy Assistant Administrator for Assistant Administrator has made a considered to be disproportional. Regulatory Programs, National Marine Fisheries Service. determination that this proposed rule is All of the measures proposed in this consistent with the Northeast action are expected to have a positive For the reasons set out in the Multispecies FMP, other provisions of economic impact on participants as new preamble, 50 CFR part 648 is proposed the Magnuson-Stevens Act, and other regulations would allow for additional to be amended as follows: applicable law, subject to further fishing opportunities. Additional fishing PART 648—FISHERIES OF THE consideration after public comment. opportunities would generate additional The Chief Counsel for Regulation of NORTHEASTERN UNITED STATES effort (trips) and result in more revenue the Department of Commerce certified to the Chief Counsel for Advocacy of the for recreational fishing businesses. This ■ 1. The authority citation for part 648 Small Business Administration (SBA) rule would not impose significant continues to read as follows: that this proposed rule, if adopted, negative economic impacts. Authority: 16 U.S.C. 1801 et seq. would not have a significant economic Since no small entities would be ■ 2. In § 648.89, revise paragraphs (b)(1), impact on a substantial number of small placed at a competitive disadvantage to (c)(1)(ii), (c)(2), and (c)(8) to read as entities. large entities, and the regulations would follows: As explained above, the purpose of not reduce the profit for any small this action is to modify recreational § 648.89 Recreational and charter/party entities, an initial regulatory flexibility vessel restrictions. fishing management measures to analysis is not required and none has * * * * * increase recreational fishing been prepared. opportunities, effort, and catch (b) Recreational minimum fish sizes— consistent with the catch limit increases This action has been determined to be (1) Minimum fish sizes. Unless further anticipated in Framework 55. This not significant for purposes of Executive restricted under this section, persons action is needed to help the recreational Order (E.O.) 12866. aboard charter/party vessel permitted under this part and not fishing under fishery achieve its optimum yield List of Subjects in 50 CFR Part 648 without overfishing. the NE multispecies DAS program or The regulated entities most likely to Fisheries, Fishing, Recordkeeping and under the restrictions and conditions of be affected by this action are private reporting requirements. an approved sector operations plan, and anglers, and charter/party vessel fishing private recreational fishing vessels in or corporations. Other than private anglers, possessing fish from the EEZ, may not which are not businesses, all charter/ possess fish smaller than the minimum party fishing businesses are considered fish sizes, measured in total length, as small businesses per the SBA guidelines follows:

Minimum Size Species Inches cm

Cod: Inside GOM Regulated Mesh Area1 ...... 24 61.0 Outside GOM Regulated Mesh Area1 ...... 22 55.9 Haddock: Inside GOM Regulated Mesh Area ...... 17 43.2 Outside GOM Regulated Mesh Area ...... 18 45.7 Pollock ...... 19 48.3 Witch Flounder (gray sole) ...... 14 35.6 Yellowtail Flounder ...... 13 33.0 American Plaice (dab) ...... 14 35.6 Atlantic Halibut ...... 41 104.1 Winter Flounder (blackback) ...... 12 30.5 Redfish ...... 9 22.9 1 GOM Regulated Mesh Area specified in § 648.80(a)

* * * * * may transit this area with more than one the GOM Regulated Mesh Area specified (c) * * * such cod per person up to the in § 648.80(a)(1). (1) * * * possession limit specified at (ii) Each person on a charter/party (ii) Each person on a private § 648.89(c)(1)(i), provided all bait and fishing vessel permitted under this part, recreational fishing vessel, fishing from hooks are removed from fishing rods fishing from August 1 through August 1 through September 30, may and any cod on board has been gutted September 30, and not fishing under the possess no more than one cod per day and stored. NE multispecies DAS program or on a in, or harvested from, the EEZ when * * * * * sector trip, may possess no more than fishing in the GOM Regulated Mesh (2) Charter/party vessels (i) Each one cod per day in the GOM Regulated Area specified in § 648.80(a)(1); with the person on a charter/party fishing vessel Mesh Area specified in § 648.80(a)(1); exception that each person on a private permitted under this part and not with the exception that each person on recreational vessel in possession of cod fishing under a NE multispecies DAS a charter/party vessel in possession of caught outside the GOM Regulated program or on a sector trip may possess cod caught outside the GOM Regulated Mesh Area specified in § 648.80(a)(1) unlimited cod when fishing outside of Mesh Area specified in § 648.80(a)(1)

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may transit this area with more than one (ii) Each person on a private haddock caught outside the GOM such cod up to any possession limit recreational fishing vessel, fishing from Regulated Mesh Area specified in under § 648.89(c)(2)(ii), provided all bait May 1 through April 14, may possess no § 648.80(a)(1) may transit this area with and hooks are removed from fishing more than 15 haddock per day in, or more than fifteen such haddock up to rods and any cod on board has been harvested from, the EEZ when fishing in any possession limit under gutted and stored. the GOM Regulated Mesh Area specified § 648.89(c)(8)(iii), provided all bait and (iii) For purposes of counting fish, in § 648.80(a)(1); with the exception that hooks are removed from fishing rods fillets will be converted to whole fish at each person on a private recreational and any cod on board has been gutted the place of landing by dividing the vessel in possession of haddock caught and stored. number of fillets by two. If fish are outside the GOM Regulated Mesh Area (v) For purposes of counting fish, filleted into a single (butterfly) fillet, specified in § 648.80(a)(1) may transit fillets will be converted to whole fish at such fillet shall be deemed to be from this area with more than 15 such the place of landing by dividing the one whole fish. haddock per person up to the number of fillets by two. If fish are (iv) Cod harvested by charter/party possession limit specified at filleted into a single (butterfly) fillet, vessels with more than one person § 648.89(c)(8)(i), provided all bait and such fillet shall be deemed to be from aboard may be pooled in one or more hooks are removed from fishing rods one whole fish. containers. Compliance with the and any haddock on board has been (vi) Haddock harvested in or from the possession limits will be determined by gutted and stored. EEZ by private recreational fishing boats (iii) Each person on a charter/party dividing the number of fish on board by or charter or party boats with more than fishing vessel permitted under this part the number of persons on board. If there one person aboard may be pooled in one and not fishing under a NE multispecies is a violation of the possession limits on or more containers. Compliance with DAS program or on a sector trip may board a vessel carrying more than one possess unlimited haddock when the possession limit will be determined person, the violation shall be deemed to fishing outside of the GOM Regulated by dividing the number of fish on board have been committed by the owner or Mesh Area specified in § 648.80(a)(1). by the number of persons on board. If operator of the vessel. (iv) Each person on a charter/party there is a violation of the possession (v) Cod must be stored so as to be fishing vessel permitted under this part, limit on board a vessel carrying more readily available for inspection. fishing from May 1 through April 14, than one person, the violation shall be * * * * * and not fishing under the NE deemed to have been committed by the (8) Haddock. (i) Each person on a multispecies DAS program or on a owner or operator of the vessel. private recreational vessel may possess sector trip, may possess no more than 15 (vii) Haddock must be stored so as to unlimited haddock in, or harvested haddock per day in the GOM Regulated be readily available for inspection. from, the EEZ when fishing outside of Mesh Area specified in § 648.80(a)(1); * * * * * the GOM Regulated Mesh Area specified with the exception that each person on [FR Doc. 2016–04656 Filed 3–2–16; 8:45 am] in § 648.80(a)(1). a charter/party vessel in possession of BILLING CODE 3510–22–P

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Notices Federal Register Vol. 81, No. 42

Thursday, March 3, 2016

This section of the FEDERAL REGISTER 541–383–4769 or via email at bpeer@ DEPARTMENT OF COMMERCE contains documents other than rules or fs.fed.us. proposed rules that are applicable to the Foreign-Trade Zones Board public. Notices of hearings and investigations, Individuals who use telecommunication devices for the deaf committee meetings, agency decisions and [B–70–2015] rulings, delegations of authority, filing of (TDD) may call the Federal Information petitions and applications and agency Relay Service (FIRS) at 1–800–877–8339 Foreign-Trade Zone (FTZ) 39—Dallas/ statements of organization and functions are between 8:00 a.m. and 8:00 p.m., Fort Worth, Texas, Authorization of examples of documents appearing in this Eastern Standard Time, Monday section. Production Activity, KONE Inc., through Friday. (Elevator Parts), Allen, Texas SUPPLEMENTARY INFORMATION: The On October 29, 2015, KONE Inc. DEPARTMENT OF AGRICULTURE purpose of the meeting is: submitted a notification of proposed production activity to the Foreign-Trade Forest Service 1. Forest Plan Revision: How can the PAC engage in the Process and the Zones (FTZ) Board for its facility within Deschutes Provincial Advisory Outcomes; FTZ 39—Site 21, in Allen, Texas. Committee The notification was processed in 2. Sustainable Recreation: The future accordance with the regulations of the AGENCY: Forest Service, USDA. of wildland trails and the role of the FTZ Board (15 CFR part 400), including PAC; ACTION: Notice of meeting. notice in the Federal Register inviting 3. Wilderness Management and the public comment (80 FR 68836, SUMMARY: The Deschutes Provincial role of the PAC; and November 6, 2015). The FTZ Board has Advisory Committee (PAC) will meet in 4. Timber and Fuels Management: determined that no further review of the Bend, Oregon. The committee is Where we have been, where we are activity is warranted at this time. The authorized pursuant to the now, and where we might go in the production activity described in the implementation of E–19 of the Record of notification is authorized, subject to the future. Decision and operates in compliance FTZ Act and the Board’s regulations, with the Federal Advisory Committee The meeting is open to the public. including Section 400.14. The agenda will include time for people Act. The purpose of the committee is to Dated: February 20, 2016. provide advice and make to make oral statements of three minutes Andrew McGilvray, recommendations to promote a better or less. Individuals wishing to make an integration of forest management oral statement should request in writing Executive Secretary. activities between Federal and non- by March 8, 2016, to be scheduled on [FR Doc. 2016–04714 Filed 3–2–16; 8:45 am] Federal entities to ensure that such the agenda. Anyone who would like to BILLING CODE 3510–DS–P activities are complementary. PAC bring related matters to the attention of information can be found at the the committee may file written DEPARTMENT OF COMMERCE following Web site: http:// statements with the committee staff www.fs.usda.gov/detail/deschutes/ before or after the meeting. Written Foreign-Trade Zones Board workingtogether/advisorycommittees. comments and requests for time to make DATES: The meeting will be held on oral comments must be sent to Beth [B–75–2015] March 9, 2016, from 9:00 a.m. to 3:00 Peer, Deschutes PAC Coordinator, 63095 p.m. Deschutes Market Road, Bend, Oregon Foreign-Trade Zone (FTZ) 76— All PAC meetings are subject to 97701; by email to [email protected], or Bridgeport, Connecticut; Authorization cancellation. For status of meeting prior via facsimile to 541–383–4755. of Production Activity; MannKind to attendance, please contact the person Corporation, Subzone 76B (Inhalable Meeting Accommodations: If you are listed under FOR INFORMATION CONTACT. Insulin), Danbury, Connecticut a person requiring reasonable ADDRESSES: The meeting will be held at accommodation, please make requests On October 29, 2015, MannKind the Deschutes Historical Museum, 129 in advance for sign language Corporation submitted a notification of NW Idaho Avenue, Bend, Oregon. interpreting, assistive listening devices, proposed production activity to the Written comments may be submitted or other reasonable accommodation. For Foreign-Trade Zones (FTZ) Board for its as described under SUPPLEMENTARY access to the facility, please contact the facilities within Subzone 76B, in INFORMATION. All comments, including FOR Danbury, Connecticut. names and addresses when provided, person listed in the section titled FURTHER INFORMATION CONTACT. All The notification was processed in are placed in the record and are accordance with the regulations of the available for public inspection and reasonable accommodation requests are managed on a case by case basis. FTZ Board (15 CFR part 400), including copying. The public may inspect notice in the Federal Register inviting comments received at Deschutes Dated: February 8, 2016. public comment (80 FR 70751, National Forest Headquarters Office. John Allen, November 16, 2015). The FTZ Board has Please call ahead to facilitate entry into Forest Supervisor. determined that no further review of the the building. [FR Doc. 2016–03567 Filed 3–2–16; 8:45 am] activity is warranted at this time. The FOR FURTHER INFORMATION CONTACT: Beth production activity described in the BILLING CODE 3411–15–P Peer, PAC Coordinator, by phone at notification is authorized, subject to the

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FTZ Act and the Board’s regulations, ITC notified the Department of its definition; and (c) any other uncoated including Section 400.14. affirmative determinations that an paper that meets this scope definition Dated: February 26, 2016. industry in the United States is regardless of the type of pulp used to Andrew McGilvray, materially injured within the meaning produce the paper. of section 735(b)(1)(A)(i) of the Act, by Executive Secretary. Specifically excluded from the scope reason of the LTFV imports of certain are (1) paper printed with final content [FR Doc. 2016–04715 Filed 3–2–16; 8:45 am] uncoated paper from Australia, Brazil, of printed text or graphics and (2) lined BILLING CODE 3510–DS–P Indonesia, the PRC, and Portugal and its paper products, typically school determination that critical supplies, composed of paper that circumstances do not exist with respect DEPARTMENT OF COMMERCE incorporates straight horizontal and/or to imports of subject merchandise from vertical lines that would make the paper International Trade Administration Australia that are subject to the unsuitable for copying or printing Department’s affirmative critical purposes. For purposes of this scope [A–602–807, A–351–842, A–560–828, A–570– circumstances finding.2 definition, paper shall be considered 022, A–471–807] Scope of the Orders ‘‘printed with final content’’ where at Certain Uncoated Paper From least one side of the sheet has printed The scope of these orders includes Australia, Brazil, Indonesia, the text and/or graphics that cover at least uncoated paper in sheet form; weighing People’s Republic of China, and five percent of the surface area of the at least 40 grams per square meter but Portugal: Amended Final Affirmative entire sheet. not more than 150 grams per square Antidumping Determinations for Brazil Imports of the subject merchandise meter; that either is a white paper with and Indonesia and Antidumping Duty are provided for under Harmonized a GE brightness level 3 of 85 or higher Orders Tariff Schedule of the United States or is a colored paper; whether or not (HTSUS) categories 4802.56.1000, AGENCY: Enforcement and Compliance, surface-decorated, printed (except as 4802.56.2000, 4802.56.3000, International Trade Administration, described below), embossed, perforated, 4802.56.4000, 4802.56.6000, Department of Commerce. or punched; irrespective of the 4802.56.7020, 4802.56.7040, SUMMARY: Based on affirmative final smoothness of the surface; and 4802.57.1000, 4802.57.2000, determinations by the Department of irrespective of dimensions (Certain 4802.57.3000, and 4802.57.4000. Some Commerce (the Department) and the Uncoated Paper). imports of subject merchandise may International Trade Commission (the Certain Uncoated Paper includes (a) also be classified under 4802.62.1000, ITC), the Department is issuing uncoated free sheet paper that meets 4802.62.2000, 4802.62.3000, antidumping duty orders on certain this scope definition; (b) uncoated 4802.62.5000, 4802.62.6020, uncoated paper from Australia, Brazil, ground wood paper produced from 4802.62.6040, 4802.69.1000, Indonesia, the People’s Republic of bleached chemi-thermo-mechanical 4802.69.2000, 4802.69.3000, China (PRC), and Portugal. Also, as pulp (BCTMP) that meets this scope 4811.90.8050 and 4811.90.9080. While explained in this notice, the Department HTSUS subheadings are provided for is amending its final affirmative Value and Affirmative Final Determination of Critical Circumstances, In Part, 81 FR 3108 (January convenience and customs purposes, the determinations with respect to Brazil 20, 2016) (Australia Final); Certain Uncoated Paper written description of the scope of the and Indonesia. From Brazil: Final Determination of Sales at Less orders is dispositive. DATES: Effective Date: March 3, 2016. Than Fair Value, 81 FR 3115 (January 20, 2016) (Brazil Final); Certain Uncoated Paper From Amendment to Final Determinations FOR FURTHER INFORMATION CONTACT: Eve Indonesia: Final Determination of Sales at Less Wang at (202) 482–6231 (Australia), Than Fair Value; 81 FR 3101 (January 20, 2016) A ministerial error is defined as an Julia Hancock at (202) 482–1394 (Indonesia Final); Certain Uncoated Paper From the error in addition, subtraction, or other People’s Republic of China: Final Determination of arithmetic function, clerical error (Brazil), Blaine Wiltse at (202) 482–6345 Sales at Less Than Fair Value, 81 FR 3112 (January (Indonesia), Stephanie Moore at (202) 20, 2016) (PRC Final); and Certain Uncoated Paper resulting from inaccurate copying, 482–3692 (PRC), or Kabir Archuletta at From Portugal: Final Determination of Sales at Less duplication, or the like, and any other (202) 482–2593 (Portugal), AD/CVD Than Fair Value and Final Negative Determination similar type of unintentional error of Critical Circumstances, 81 FR 3105 (January 20, which the Secretary considers Operations, Enforcement and 2016) (Portugal Final). 4 Compliance, International Trade 2 See Letter to Christian Marsh, Deputy Assistant ministerial. Administration, U.S. Department of Secretary of Commerce for Enforcement and Brazil Amended Final Determination Commerce, 1401 Constitution Avenue Compliance, from Meredith Broadbent, Chairman of NW., Washington, DC 20230. the U.S. International Trade Commission, regarding Pursuant to section 735(e) of the Act certain uncoated paper from Australia, Brazil, SUPPLEMENTARY INFORMATION: China, Indonesia, and Portugal (February 22, 2016) and 19 CFR 351.224(e) and (f), the (ITC Letter). See also Certain Uncoated Paper from Department is amending the Brazil Final Background Australia, Brazil, China, Indonesia, and Portugal, to reflect the correction of a ministerial USITC Investigation Nos. 701–TA–528–529 and error it made in the final margin In accordance with sections 735(d) 731–TA–1264–1268 (Final), USITC Publication and 777(i)(1) of the Tariff Act of 1930, 4592 (February 2016). assigned to one of the respondents. In as amended (the Act), and 19 CFR 3 One of the key measurements of any grade of addition, because the Department 351.210(c), on January 20, 2016, the paper is brightness. Generally speaking, the brighter calculated the ‘‘all-others’’ rate based on Department published its affirmative the paper, the better the contrast between the paper a weighted-average of the respondents’ and the ink. Brightness is measured using a GE final determinations in the less-than- Reflectance Scale, which measures the reflection of margins using publicly-ranged fair-value (LTFV) investigations of light off a grade of paper. One is the lowest quantities for their sales of subject certain uncoated paper from Australia, reflection, or what would be given to a totally black merchandise, we have revised the all- Brazil, Indonesia, the PRC, and grade, and 100 is the brightest measured grade. others rate.5 1 ‘‘Colored paper’’ as used in this scope definition Portugal. On February 22, 2016, the means a paper with a hue other than white that reflects one of the primary colors of magenta, 4 See section 735(e) of the Act. 1 See Certain Uncoated Paper From Australia: yellow, and cyan (red, yellow, and blue) or a 5 See the ‘‘Estimated Weighted-Average Dumping Final Determination of Sales at Less Than Fair combination of such primary colors. Margins’’ section below.

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On January 19, 2016, Petitioners DIFMER.8 We have corrected these will not include entries occurring after submitted a ministerial error allegation errors in this notice. the expiration of the provisional measures period and before publication claiming that the Department made a Antidumping Duty Orders ministerial error with regard to one of of the ITC’s final injury determination the respondent’s bank charges, and the As stated above, on February 22, as further described below. 2016, in accordance with section 735(d) SAS programming which implemented Suspension of Liquidation the bank charge at issue. The of the Act, the ITC notified the Department reviewed the record and Department of its final determinations In accordance with section agrees that we made ministerial errors in these investigations, in which it 735(c)(1)(B) of the Act, we will instruct within the meaning of Section 735(e) found material injury with respect to CBP to continue to suspend liquidation and 19 CFR 351.224(f). Specifically, the certain uncoated paper from Australia, on all relevant entries of certain Department made an unintentional error Brazil, Indonesia, the PRC, and Portugal uncoated paper from Australia, Brazil, and its determination that critical with regard to one of the respondent’s Indonesia, the PRC, and Portugal. These circumstances do not exist with respect bank charges and SAS programming instructions suspending liquidation will to imports of subject merchandise from remain in effect until further notice. which implemented the bank charge at Australia that are subject to the We will also instruct CBP to require issue.6 We have corrected these errors in Department’s affirmative critical cash deposits equal to the amounts as this notice. circumstances finding.9 Therefore, in indicated below. Accordingly, effective Indonesia Amended Final accordance with section 735(c)(2) of the on the date of publication of the ITC’s Determination Act, we are issuing these antidumping final affirmative injury determinations, duty orders. Because the ITC CBP will require, at the same time as Pursuant to section 735(e) of the Act determined that imports of certain importers would normally deposit and 19 CFR 351.224(e) and (f), the uncoated paper from Australia, Brazil, estimated duties on this subject Department is amending the Indonesia Indonesia, the PRC, and Portugal are merchandise, a cash deposit equal to the Final to reflect the correction of materially injuring a U.S. industry, estimated weighted-average dumping ministerial errors it made in the final unliquidated entries of such margins listed below.11 The relevant all- margin assigned to the sole cooperative merchandise from Australia, Brazil, others and PRC-wide rates apply to all respondent. In addition, because the Indonesia, the PRC, and Portugal, producers or exporters not specifically Department applied the respondent’s entered or withdrawn from warehouse listed, as appropriate. For the purpose of final margin to the ‘‘all-others’’ rate and for consumption, are subject to the determining cash deposit rates, the further, relied on the highest assessment of antidumping duties. estimated weighted-average dumping transaction-specific dumping margin as Therefore, in accordance with section margins for imports of subject adverse facts available, we have revised 736(a)(1) of the Act, the Department will merchandise from Indonesia and the the other final rates.7 direct U.S. Customs and Border PRC will be adjusted, as appropriate, for Protection (CBP) to assess, upon further export subsidies found in the final On January 19, 2016, PT Anugerah instruction by the Department, determinations of the companion Kertas Utama/PT Riau Andalan Kertas/ antidumping duties equal to the amount countervailing duty investigations of APRIL Fine Paper Macao Commercial by which the normal value of the this merchandise imported from Offshore Limited (collectively, APRIL) merchandise exceeds the export price Indonesia and the PRC.12 13 submitted timely filed allegations that (or constructed export price) of the Provisional Measures the Department made ministerial errors merchandise, for all relevant entries of in our final determination. On January certain uncoated paper from Australia, Section 733(d) of the Act states that 21, 2016, Petitioners submitted rebuttal Brazil, Indonesia, the PRC, and Portugal. instructions issued pursuant to an comments on APRIL’s allegations. Antidumping duties will be assessed on affirmative preliminary determination APRIL alleged the Department made unliquidated entries of certain uncoated may not remain in effect for more than two ministerial errors in its final paper from Australia, Indonesia, the four months, except where exporters determination: The exclusion of PRC, and Portugal entered, or representing a significant proportion of APRIL’s home market billing withdrawn from warehouse, for exports of the subject merchandise adjustments and an inconsistency in the consumption on or after August 26, request the Department to extend that Department’s calculation of APRIL’s 2015, and in the case of Brazil, on four-month period to no more than six difference in merchandise adjustment August 27, 2015, the date of publication months. At the request of exporters that (DIFMER). The Department reviewed of the preliminary determinations,10 but account for a significant proportion of the record and agrees that we made ministerial errors within the meaning of 8 See Memorandum to Christian Marsh, Deputy Less Than Fair Value and Postponement of Final section 735(e) of the Act and 19 CFR Assistant Secretary for Antidumping and Determination, 80 FR 51771 (August 26, 2015) 351.224(f). Specifically, the Department Countervailing Duty Operations, from Melissa G. (Indonesia Prelim); Certain Uncoated Paper From Skinner, Director, Office II, ‘‘Less-Than-Fair-Value the People’s Republic of China: Preliminary made unintentional errors with regard Investigation of Certain Uncoated Paper from Determination of Sales at Less Than Fair Value and to the exclusion of APRIL’s home Indonesia: Allegations of Ministerial Errors in the Postponement of Final Determination, 80 FR 51768 market billing adjustments and with Final Determination,’’ dated February 17, 2016. (August 26, 2015) (PRC Prelim); and Certain 9 Uncoated Paper From Portugal: Preliminary regard to the calculation of APRIL’s See ITC Letter. 10 See Certain Uncoated Paper From Australia: Determination of Sales at Less Than Fair Value and Preliminary Determination of Sales at Less Than Postponement of Final Determination, 80 FR 51777 6 See Memorandum to Christian Marsh, Deputy Fair Value, Negative Preliminary Determination of (August 26, 2015) (Portugal Prelim). Assistant Secretary for Antidumping and Critical Circumstances, and Postponement of Final 11 See section 736(a)(3) of the Act. Countervailing Duty Operations, from Paul Walker, Determination, 80 FR 51783 (August 26, 2015) 12 See Indonesia Final, 81 FR 3103; see also, PRC Program Manager, Office V, ‘‘Antidumping Duty (Australia Prelim); Certain Uncoated Paper From Final, 81 FR, at 3114. Investigation of Certain Uncoated Paper from Brazil: Brazil: Preliminary Determination of Sales at Less 13 We are not adjusting the PRC rates for Analysis of Ministerial Error Allegation,’’ dated Than Fair Value and Postponement of Final estimated domestic subsidy pass-through because concurrently with this notice. Determination, 80 FR 52029 (August 27, 2015) there is no cost-to-price linkage to a subsidized 7 See the ‘‘Estimated Weighted-Average Dumping (Brazil Prelim); Certain Uncoated Paper From program and, thus, we have no basis upon which Margins’’ section below. Indonesia: Preliminary Determination of Sales at to make such an adjustment in that case.

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certain uncoated paper from Australia, suspension of liquidation and to Critical Circumstances Brazil, Indonesia, the PRC, and Portugal, liquidate, without regard to With regard to the ITC’s negative we extended the four-month period to antidumping duties, unliquidated 14 critical circumstances determination on six months in each case. In the entries of certain uncoated paper from imports of subject merchandise from underlying investigations, the Australia, Indonesia, the PRC, and Australia, we will instruct CBP to lift Department published the preliminary Portugal entered, or withdrawn from suspension and to refund any cash determinations on August 26, 2015, and warehouse, for consumption after deposits made to secure the payment of August 27, 2015. Therefore, the February 21, 2016, and in the case of estimated antidumping duties with extended period, beginning on the date Brazil, on February 22, 2016, the dates respect to entries of subject merchandise of publication of the preliminary on which the provisional measures entered, or withdrawn from warehouse, determinations, ended on February 21, expired, until and through the day for consumption on or after May 28, 2016, and in the case of Brazil, on preceding the date of publication of the 2015 (i.e., 90 days prior to the date of February 22, 2016. Furthermore, section ITC’s final injury determinations in the publication of the Australia Prelim), but 737(b) of the Act states that definitive Federal Register. Suspension of before August 26, 2015, (i.e., the date of duties are to begin on the date of publication of the Australia Prelim). publication of the ITC’s final injury liquidation will resume on the date of determination. publication of the ITC’s final Estimated Weighted-Average Dumping determination in the Federal Register. Therefore, in accordance with section Margins 733(d) of the Act and our practice, we The weighted-average antidumping will instruct CBP to terminate the duty margin percentages are as follows:

Weighted- average Exporter/manufacturer dumping margin (percent)

Australia: Paper Australia Pty. Ltd ...... 222.46 All Others ...... 138.87 Brazil: International Paper do Brasil Ltda. and International Paper Exportadora Ltda.15 ...... 41.39 Suzano Papel e Celulose S.A ...... 22.37 All Others ...... 27.11

Weighted- average Exporter/ dumping manufacturer margin (percent)

Indonesia: Great Champ Trading Limited ...... 17.46 0.00 Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT. Pindo Deli Pulp and Paper Mills (APP/SMG) .. 17.46 0.00 April Fine Paper Macao Commercial OffShore Limited/PT Anugerah Kertas Utama/PT Riau Andalan Kertas (APRIL) ...... 2.10 2.10 All Others ...... 2.10 2.10 Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 51.75 percent for Great Champ Trading Limited and APP/SMG.

Weighted- average Exporter Producer dumping Cash deposit margin (percent)

PRC: Greenpoint Global Trading (Macao Commercial Asia Symbol (Guangdong) Paper Co., Ltd.; and Asia 84.05 83.92 Offshore) Ltd.. Symbol (Shangong) Pulp & Paper Co., Ltd.

PRC-Wide Entity ...... 149.00 148.87 Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 0.13 percent for Asia Symbol and the PRC- Wide Entity.

14 See Australia Prelim, Brazil Prelim, Indonesia 15 The Department determined that International Exportadora Ltda. constituted a single entity. See Prelim, PRC Prelim, and Portugal Prelim. Paper do Brasil Ltda. and International Paper Brazil Final, 81 FR, at 3116.

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Weighted- average Exporter/manufacturer dumping margin (percent)

Portugal: Portucel S.A.16 ...... 7.80 All-Others ...... 7.80

This notice constitutes the FOR FURTHER INFORMATION CONTACT: Tools Co., Ltd., is the successor-in- antidumping duty orders with respect to Yang Jin Chun AD/CVD Operations, interest to Wuhan Wanbang Laser certain uncoated paper from Australia, Office I, Enforcement and Compliance, Diamond Tools Co. Brazil, Indonesia, the PRC, and Portugal International Trade Administration, As explained in the memorandum pursuant to section 736(a) of the Act. U.S. Department of Commerce, 1401 from the Acting Assistant Secretary for Interested parties can find a list of Constitution Avenue NW., Washington, Enforcement and Compliance, the antidumping duty orders currently in DC 20230; telephone: (202) 482–5760. Department has exercised its discretion effect at http://enforcement.trade.gov/ SUPPLEMENTARY INFORMATION: to toll all administrative deadlines due stats/iastats1.html. to the recent closure of the Federal These orders are published in Background Government. All deadlines in this accordance with section 736(a) of the The Department published the segment of the proceeding have been Act and 19 CFR 351.211(b). antidumping duty order on diamond extended by four business days. The sawblades and parts thereof from the Dated: February 25, 2016. revised deadline for the initiation of this People’s Republic of China on review is now February 25, 2016.5 Paul Piquado, November 4, 2009.1 In its December 22, Assistant Secretary for Enforcement and 2015, request for a changed Scope of the Order Compliance. circumstances review, Wuhan Wanbang The products covered by the order are [FR Doc. 2016–04699 Filed 3–2–16; 8:45 am] Laser Diamond Tools Co., Ltd., all finished circular sawblades, whether BILLING CODE 3510–DS–P informed the Department that, effective slotted or not, with a working part that May 4, 2015, Wuhan Wanbang Laser is comprised of a diamond segment or Diamond Tools Co. (1) changed its legal segments, and parts thereof, regardless DEPARTMENT OF COMMERCE status from a limited liability company of specification or size, except as International Trade Administration to a joint-stock limited company and (2) specifically excluded below. Within the changed its name to Wuhan Wanbang scope of the order are semifinished [A–570–900] Laser Diamond Tools Co., Ltd.2 Wuhan diamond sawblades, including diamond Wanbang Laser Diamond Tools Co. is a sawblade cores and diamond sawblade Diamond Sawblades and Parts Thereof respondent in the ongoing segments. Diamond sawblade cores are From the People’s Republic of China: administrative review of the circular steel plates, whether or not Initiation and Preliminary Results of antidumping duty order on diamond attached to non-steel plates, with slots. Changed Circumstances Review sawblades from the PRC covering the Diamond sawblade cores are AGENCY: period November 1, 2013, through manufactured principally, but not Enforcement and Compliance, 3 International Trade Administration, October 31, 2014. Both Wuhan exclusively, from alloy steel. A diamond Department of Commerce. Wanbang Laser Diamond Tools Co. and sawblade segment consists of a mixture Wuhan Wanbang Laser Diamond Tools of diamonds (whether natural or SUMMARY: Pursuant to section 751(b) of Co., Ltd., are respondents in the ongoing the Tariff Act of 1930, as amended (the synthetic, and regardless of the quantity administrative review of the same order of diamonds) and metal powders Act), and 19 CFR 351.216 and 19 CFR covering the period November 1, 2014, 351.221(c)(3), the Department of (including, but not limited to, iron, through October 31, 2015.4 Pursuant to cobalt, nickel, tungsten carbide) that are Commerce (the Department) is initiating section 751(b) of the Act, and 19 CFR a changed circumstances review of the formed together into a solid shape (from 351.216(c) and 19 CFR 351.221(c)(3), generally, but not limited to, a heating antidumping duty order on diamond Wuhan Wanbang Laser Diamond Tools sawblades and parts thereof (diamond and pressing process). Co., Ltd., requested that the Department Sawblades with diamonds directly sawblades) from the People’s Republic initiate an expedited changed of China (the PRC) with respect to attached to the core with a resin or circumstances review and determine electroplated bond, which thereby do Wuhan Wanbang Laser Diamond Tools that Wuhan Wanbang Laser Diamond Co., Ltd. Based on the information on not contain a diamond segment, are not included within the scope of the order. the record, we preliminarily determine 1 See Diamond Sawblades and Parts Thereof Diamond sawblades and/or sawblade that Wuhan Wanbang Laser Diamond From the People’s Republic of China and the Tools Co., Ltd., is the successor-in- Republic of Korea: Antidumping Duty Orders, 74 FR cores with a thickness of less than 0.025 interest to Wuhan Wanbang Laser 57145 (November 4, 2009). inches, or with a thickness greater than 2 See Wuhan Wanbang Laser Diamond Tools Co., 1.1 inches, are excluded from the scope Diamond Tools Co. for purposes of Ltd.’s request for a changed circumstances review determining antidumping duty liability. of the order. Circular steel plates that dated December 22, 2015 (review request). have a cutting edge of non-diamond We invite interested parties to comment 3 See Diamond Sawblades and Parts Thereof on these preliminary results. From the People’s Republic of China: Preliminary material, such as external teeth that Results of Antidumping Duty Administrative DATES : Effective March 3, 2016. Review; 2013–2014, 80 FR 75854, 75855 (December 5 See Memorandum for the Record from Acting 4, 2015). Assistant Secretary Ron Lorentzen entitled ‘‘Tolling 16 In Portugal Final, we determined to treat 4 See Initiation of Antidumping and of Administrative Deadlines as a Result of the several companies as a single entity with Portucel Countervailing Duty Administrative Reviews, 81 FR Government Closure during Snowstorm ‘Jonas’ ’’ S.A. 736, 738 (January 7, 2016). dated January 27, 2016.

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protrude from the outer diameter of the Preliminary Results of Expedited have been the same before and after the plate, whether or not finished, are Changed Circumstances Review changes to the company’s legal status 13 excluded from the scope of the order. In making a successor-in-interest and name. Wuhan Wanbang Co., Ltd., Diamond sawblade cores with a determination, the Department also provided a list of members of the Rockwell C hardness of less than 25 are examines several factors including, but management team and supporting excluded from the scope of the order. not limited to, changes in management, documentation indicating that Wuhan Diamond sawblades and/or diamond production facilities, supplier Wanbang Co.’s managers hold the same segment(s) with diamonds that relationships, and customer base.7 position in Wuhan Wanbang Co., Ltd., predominantly have a mesh size number While no single factor or combination of and documentation showing only small, greater than 240 (such as 250 or 260) are insignificant changes to the members of these factors will necessarily provide a 14 excluded from the scope of the order. dispositive indication of a successor-in- the board of directors. Merchandise subject to the order is interest relationship, the Department Based on record evidence, we typically imported under heading will generally consider the new preliminarily determine that Wuhan 8202.39.00.00 of the Harmonized Tariff company to be the successor to the Wanbang Co., Ltd., is the successor-in- Schedule of the United States (HTSUS). previous company if the new company’s interest to Wuhan Wanbang Co. for When packaged together as a set for operations are not materially dissimilar purposes of antidumping duty liability retail sale with an item that is separately to those of its predecessor.8 Thus, if the because the changes to the legal status classified under headings 8202 to 8205 evidence demonstrates that, with and name of the company resulted in no of the HTSUS, diamond sawblades or respect to the production and sales of significant changes to management, parts thereof may be imported under the subject merchandise, the new production facilities, supplier heading 8206.00.00.00 of the HTSUS. company operates as the same business relationships, and customers. As a On October 11, 2011, the Department entity as the former company, the result, we preliminarily determine that included the 6804.21.00.00 HTSUS Department will accord the new Wuhan Wanbang Co., Ltd., operates as classification number to the customs company the same antidumping the same business entity as Wuhan case reference file, pursuant to a request treatment as its predecessor.9 Wanbang Co. Thus, we preliminarily by U.S. Customs and Border Protection determine that Wuhan Wanbang Co., 6 In its review request and in its (CBP). The tariff classification is responses to our two supplemental Ltd., should receive the same provided for convenience and customs questionnaires,10 Wuhan Wanbang Co., antidumping duty cash deposit rate purposes; however, the written Ltd., has provided evidence for us to with respect to the subject merchandise description of the scope of the order is preliminarily determine that it is the as Wuhan Wanbang Co., its predecessor dispositive. successor-in-interest to Wuhan company. Initiation of Changed Circumstances Wanbang Co. Wuhan Wanbang Co., Ltd., Because cash deposits are only Review states that its management, production estimates of the amount of antidumping facilities, and customer/supplier Pursuant to section 751(b)(1) of the duties that will be due, changes in cash relationships have not changed as a Act and 19 CFR 351.216(d), the deposit rates are not made retroactive result of changes to the legal status and Department will conduct a changed and, therefore, no change will be made name of the company.11 Wuhan circumstances review upon receipt of a to Wuhan Wanbang Co., Ltd.’s cash Wanbang Co., Ltd., provided documents request from an interested party or deposit rate as a result of these showing changes to the legal status and receipt of information concerning an preliminary results. If Wuhan Wanbang name of the company.12 Further, Wuhan antidumping duty order which shows Co., Ltd., believes that the deposits paid Wanbang Co., Ltd., provided internal changed circumstances sufficient to exceed the actual amount of dumping, documents evidencing that: its domestic warrant a review of the order. Based on it is entitled to request an administrative and overseas customers and suppliers the request from Wuhan Wanbang Laser review during the anniversary month of Diamond Tools Co., Ltd. (Wuhan the publication of the order of those 7 See, e.g., Pressure Sensitive Plastic Tape from entries, i.e., November, to determine the Wanbang Co., Ltd.) and in accordance Italy: Preliminary Results of Antidumping Duty Changed Circumstances Review, 75 FR 8925 proper assessment rate and receive a with section 751(b)(1) of Act and 19 15 CFR 351.216(b), we are initiating a (February 26, 2010), unchanged in Pressure refund of any excess deposits. As a Sensitive Plastic Tape From Italy: Final Results of result, if these preliminary results are changed circumstances review to Antidumping Duty Changed Circumstances Review, determine whether Wuhan Wanbang adopted in our final results of this 75 FR 27706 (May 18, 2010); and Brake Rotors From changed circumstances review, we will Co., Ltd., is the successor-in-interest to the People’s Republic of China: Final Results of Wuhan Wanbang Laser Diamond Tools Changed Circumstances Antidumping Duty instruct CBP to suspend shipments of Administrative Review, 70 FR 69941 (November 18, subject merchandise made by Wuhan Co. (Wuhan Wanbang Co.). If we 2005) (Brake Rotors), citing Brass Sheet and Strip conclude that an expedited action is Wanbang Co., Ltd., at Wuhan Wanbang from Canada; Final Results of Antidumping Duty Co.’s cash deposit rate effective on the warranted, we may combine the notices Administrative Review, 57 FR 20460 (May 13, of initiation and preliminary results of 1992). publication date of our final results. a changed circumstances review under 8 See, e.g., Brake Rotors. 9 19 CFR 351.221(c)(3)(ii). In this Id. See also e.g., Notice of Initiation and 13 See the review request at Exhibit 3, the January Preliminary Results of Antidumping Duty Changed 21, 2016, supplemental response at Exhibits S–1 instance, because we have on the record Circumstances Review: Certain Frozen Warmwater through S–3, and the February 3, 2016, the information necessary to make a Shrimp From India, 77 FR 64953 (October 24, supplemental response at Exhibits S2–1 through preliminary finding, we find that 2012), unchanged in Final Results of Antidumping S2–3. expedited action is warranted and have Duty Changed Circumstances Review: Certain 14 See the review request at Exhibit 3 and the Frozen Warmwater Shrimp From India, 77 FR January 21, 2016, supplemental response at Exhibit combined the notices of initiation and 73619 (December 11, 2012). S–4. preliminary results. 10 See the review request and Wuhan Wanbang 15 See Certain Hot-Rolled Lead and Bismuth Co., Ltd.’s supplemental responses dated January Carbon Steel Products From the United Kingdom: 6 See Diamond Sawblades and Parts Thereof 21, 2016, and February 3, 2016. Final Results of Changed-Circumstances From the Republic of Korea: Preliminary Results of 11 Id. Antidumping and Countervailing Duty Antidumping Duty Administrative Review, 76 FR 12 See, e.g., the review request at Exhibits 4 and Administrative Reviews, 64 FR 66880 (November 76128, 76130 (December 6, 2011). 5. 30, 1999).

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Public Comment DEPARTMENT OF COMMERCE On February 9, 2016, Petitioners 3 submitted a timely request pursuant to Interested parties may submit case International Trade Administration section 733(c)(1)(A) of the Act and 19 briefs no later than 14 days after the CFR 351.205(e).4 publication of this notice.16 Rebuttal [A–533–867] The Department finds that because briefs, which must be limited to issues there are no compelling reasons to deny Welded Stainless Pressure Pipe From raised in case briefs, may be filed not Petitioners’ request, the Department is India: Postponement of Preliminary postponing the deadline for the later than five days after the deadline for Determination of Antidumping Duty 17 preliminary determination to no later filing case briefs. Parties who submit Investigation case briefs or rebuttal briefs in this than 190 days after the day on which changed circumstance review are AGENCY: Enforcement and Compliance, the investigation was initiated, in requested to submit with each International Trade Administration, accordance with section 733(c)(1)(A) of argument: (1) A statement of the issue; Department of Commerce. the Act, plus an additional four business days in accordance with the Tolling (2) a brief summary of the argument; DATES: Effective Date: March 3, 2016. and (3) a table of authorities. Interested Memorandum. Accordingly, the FOR FURTHER INFORMATION CONTACT: Department will issue the preliminary parties who wish to comment on the James Terpstra, AD/CVD Operations, determination no later than May 3, preliminary results must file briefs Office III, Enforcement and Compliance, 2016. In accordance with section electronically using Enforcement and International Trade Administration, 735(a)(1) of the Act and 19 CFR Compliance’s Antidumping and U.S. Department of Commerce, 14th 351.210(b)(1), the deadline for the final Countervailing Duty Centralized Street and Constitution Avenue NW., determination of this investigation will Electronic Service System (ACCESS). Washington, DC 20230; telephone: (202) continue to be 75 days after the date of ACCESS is available to registered users 482–3965. the preliminary determination, unless at http://access.trade.gov. An SUPPLEMENTARY INFORMATION: postponed at a later date. electronically-filed document must be This notice is issued and published received successfully in its entirety by Background pursuant to section 733(c)(2) of the Act the ACCESS no later than 5:00 p.m. On October 20, 2015, the Department and 19 CFR 351.205(f)(1). Eastern Time on the date the document of Commerce (‘‘Department’’) initiated Dated: February 26, 2016. is due. Interested parties that wish to an antidumping duty investigation on Paul Piquado. request a hearing must submit a written welded stainless pressure pipe from Assistant Secretary for Enforcement and 1 request to the Assistant Secretary for India. As explained in the Compliance. Enforcement and Compliance, filed Memorandum from the Acting Assistant [FR Doc. 2016–04719 Filed 3–2–16; 8:45 am] Secretary for Enforcement and electronically via ACCESS, within 14 BILLING CODE 3510–DS–P days of publication of this notice.18 Compliance, the Department has Parties will be notified of the time and exercised its discretion to toll all date of any hearing, if requested.19 administrative deadlines due to the DEPARTMENT OF COMMERCE recent closure of the Federal Notifications to Interested Parties Government. All deadlines in this International Trade Administration segment of the proceeding have been Consistent with 19 CFR 351.216(e), extended by four business days. The Initiation of Antidumping and we intend to issue the final results of revised deadline for the preliminary Countervailing Duty Administrative this changed circumstances review no determination of this investigation is no Reviews later than 270 days after the date on 2 later than March 14, 2016. AGENCY: Enforcement and Compliance, which this review was initiated, or International Trade Administration, within 45 days after the publication of Postponement of Preliminary Department of Commerce. the preliminary results if all parties in Determination SUMMARY: The Department of Commerce this review agree to our preliminary Section 733(b)(1) of the Tariff Act of (‘‘the Department’’) has received results. The final results will include 1930, as amended (‘‘the Act’’), requires requests to conduct administrative the Department to issue the preliminary the Department’s analysis of issues reviews of various antidumping and determination in an antidumping duty raised in any written comments. countervailing duty orders and findings investigation within 140 days after the This notice of initiation and with January anniversary dates. In date on which the Department initiated preliminary results is in accordance accordance with the Department’s the investigation. However, if the with section 751(b)(1) of the Act, 19 regulations, we are initiating those petitioner makes a timely request for a CFR 351.216(b) and (d), and 19 CFR administrative reviews. postponement, section 733(c)(1)(A) of 351.221(b)(1). the Act allows the Department to DATES: Effective: March 3, 2016. Dated: February 26, 2016. postpone making the preliminary FOR FURTHER INFORMATION CONTACT: Paul Piquado, determination until no later than 190 Brenda E. Waters, Office of AD/CVD days after the date on which the Operations, Customs Liaison Unit, Assistant Secretary for Enforcement and Enforcement and Compliance, Compliance. Department initiated the investigation. International Trade Administration, [FR Doc. 2016–04711 Filed 3–2–16; 8:45 am] 1 See Welded Stainless Pressure Pipe from India: U.S. Department of Commerce, 14th BILLING CODE 3510–DS–P Initiation of Antidumping Duty Investigation, 80 FR 65696 (October 27, 2015). 3 Bristol Metals LLC, Felker Brothers Corporation, 16 See 19 CFR 351.309(c)(ii). 2 See Memorandum to the File from Ron Marcegaglia USA, Inc., and Outokumpu Stainless Lorentzen, Acting Assistant Secretary for Pipe, Inc. (collectively, ‘‘Petitioners’’). 17 See 19 CFR 351.309(d). Enforcement and Compliance, ‘‘Tolling of 4 See letter from Petitioners, ‘‘Welded Stainless 18 See 19 CFR 351.310(c). See also 19 CFR Administrative Deadlines as a Result of the Pressure Pipe from India: Request Extension for 351.303 for general filing requirements. Government Closure during Snowstorm ‘Jonas’,’’ Preliminary Determination,’’ dated February 9, 19 See 19 CFR 351.310. dated January 27, 2016 (‘‘Tolling Memorandum’’). 2015.

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Street and Constitution Avenue NW, conduct respondent selection under Department’s Q&V questionnaire along Washington, DC 20230, telephone: (202) section 777A(c)(2) of the Act: with certain additional questions will be 482–4735. In general, the Department has found available in a document package on the SUPPLEMENTARY INFORMATION: that determinations concerning whether Department’s Web site at http:// particular companies should be enforcement.trade.gov/download/prc- Background ‘‘collapsed’’ (i.e., treated as a single wbf/ on the date this notice is The Department has received timely entity for purposes of calculating published. The responses to the Q&V requests, in accordance with 19 CFR antidumping duty rates) require a questionnaire should be filed with the 351.213(b), for administrative reviews of substantial amount of detailed respondents’ Separate Rate Application various antidumping and countervailing information and analysis, which often or Separate Rate Certification (see the duty orders and findings with January require follow-up questions and ‘‘Separate Rates’’ section below) and anniversary dates. analysis. Accordingly, the Department their response to the additional All deadlines for the submission of will not conduct collapsing analyses at questions and must be received by the various types of information, the respondent selection phase of this Department by no later than 30 days certifications, or comments or actions by review and will not collapse companies after publication of this notice. Please be the Department discussed below refer to at the respondent selection phase unless advised that due to the time constraints the number of calendar days from the there has been a determination to imposed by the statutory and regulatory applicable starting time. collapse certain companies in a deadlines for antidumping duty previous segment of this antidumping administrative reviews, the Department Notice of No Sales proceeding (i.e., investigation, does not intend to grant any extensions If a producer or exporter named in administrative review, new shipper for the submission of responses to the this notice of initiation had no exports, review or changed circumstances Q&V questionnaire sales, or entries during the period of review). For any company subject to this review, if the Department determined, Deadline for Withdrawal of Request for review (‘‘POR’’), it must notify the Administrative Review Department within 30 days of or continued to treat, that company as publication of this notice in the Federal collapsed with others, the Department Pursuant to 19 CFR 351.213(d)(1), a Register. All submissions must be filed will assume that such companies party that has requested a review may electronically at http://access.trade.gov continue to operate in the same manner withdraw that request within 90 days of the date of publication of the notice of in accordance with 19 CFR 351.303.1 and will collapse them for respondent initiation of the requested review. The Such submissions are subject to selection purposes. Otherwise, the regulation provides that the Department verification in accordance with section Department will not collapse companies may extend this time if it is reasonable 782(i) of the Tariff Act of 1930, as for purposes of respondent selection. to do so. In order to provide parties amended (‘‘the Act’’). Further, in Parties are requested to (a) identify additional certainty with respect to accordance with 19 CFR 351.303(f)(1)(i), which companies subject to review when the Department will exercise its a copy must be served on every party on previously were collapsed, and (b) discretion to extend this 90-day the Department’s service list. provide a citation to the proceeding in which they were collapsed. Further, if deadline, interested parties are advised Respondent Selection companies are requested to complete that the Department does not intend to In the event the Department limits the the Quantity and Value (‘‘Q&V’’) extend the 90-day deadline unless the number of respondents for individual Questionnaire for purposes of requestor demonstrates that an examination for administrative reviews respondent selection, in general each extraordinary circumstance has initiated pursuant to requests made for company must report volume and value prevented it from submitting a timely the orders identified below, the data separately for itself. Parties should withdrawal request. Determinations by Department intends to select not include data for any other party, the Department to extend the 90-day respondents based on U.S. Customs and even if they believe they should be deadline will be made on a case-by-case Border Protection (‘‘CBP’’) data for U.S. treated as a single entity with that other basis. party. If a company was collapsed with imports during the period of review. We Separate Rates intend to place the CBP data on the another company or companies in the most recently completed segment of this In proceedings involving non-market record within five days of publication of proceeding where the Department economy (‘‘NME’’) countries, the the initiation notice and to make our considered collapsing that entity, Department begins with a rebuttable decision regarding respondent selection complete Q&V data for that collapsed presumption that all companies within within 30 days of publication of the entity must be submitted. the country are subject to government initiation Federal Register notice. control and, thus, should be assigned a Comments regarding the CBP data and Respondent Selection—Wooden single antidumping duty deposit rate. It respondent selection should be Bedroom Furniture From the PRC is the Department’s policy to assign all submitted seven days after the In the event that the Department exporters of merchandise subject to an placement of the CBP data on the record limits the number of respondents for administrative review in an NME of this review. Parties wishing to submit individual examination in the country this single rate unless an rebuttal comments should submit those antidumping duty administrative review exporter can demonstrate that it is comments five days after the deadline of wooden bedroom furniture from the sufficiently independent so as to be for the initial comments. PRC, for the purposes of this segment of entitled to a separate rate. In the event the Department decides the proceeding, i.e., the 2015 review To establish whether a firm is it is necessary to limit individual period, the Department intends to select sufficiently independent from examination of respondents and respondents based on volume data government control of its export contained in responses to a Q&V activities to be entitled to a separate 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; questionnaire. All parties are hereby rate, the Department analyzes each Administrative Protective Order Procedures, 76 FR notified that they must timely respond entity exporting the subject 39263 (July 6, 2011). to the Q&V questionnaire. The merchandise under a test arising from

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the Final Determination of Sales at Less document package, are due to the calendar days after publication of this Than Fair Value: Sparklers from the Department no later than 30 calendar Federal Register notice. The deadline People’s Republic of China, 56 FR 20588 days after publication of this Federal and requirement for submitting a (May 6, 1991), as amplified by Final Register notice. The deadline and Separate Rate Status Application Determination of Sales at Less Than requirement for submitting a applies equally to NME-owned firms, Fair Value: Silicon Carbide from the Certification applies equally to NME- wholly foreign-owned firms, and foreign People’s Republic of China, 59 FR 22585 owned firms, wholly foreign-owned sellers that purchase and export subject (May 2, 1994). In accordance with the firms, and foreign sellers who purchase merchandise to the United States. separate rates criteria, the Department and export subject merchandise to the For exporters and producers who assigns separate rates to companies in United States. submit a separate-rate status application NME cases only if respondents can Entities that currently do not have a or certification and subsequently are demonstrate the absence of both de jure separate rate from a completed segment selected as mandatory respondents, and de facto government control over of the proceeding 2 should timely file a these exporters and producers will no export activities. Separate Rate Application to longer be eligible for separate rate status All firms listed below that wish to demonstrate eligibility for a separate unless they respond to all parts of the qualify for separate rate status in the rate in this proceeding. In addition, questionnaire as mandatory administrative reviews involving NME companies that received a separate rate respondents. countries must complete, as in a completed segment of the Furthermore, this notice constitutes appropriate, either a separate rate proceeding that have subsequently public notification to all firms for which application or certification, as described made changes, including, but not an antidumping duty administrative below. In addition, all firms that wish limited to, changes to corporate review of wooden bedroom furniture to qualify for separate-rate status in the structure, acquisitions of new has been requested, and that are seeking companies or facilities, or changes to antidumping duty administrative review 3 separate rate status in the review, that of wooden bedroom furniture from the their official company name, should they must submit a timely separate rate PRC must complete, as appropriate, timely file a Separate Rate Application application or certification (as to demonstrate eligibility for a separate either a separate-rate certification or appropriate) as described above, and a rate in this proceeding. The Separate application, as described below, and timely response to the Q&V Rate Status Application will be respond to the additional questions and questionnaire and the additional available on the Department’s Web site the Q&V questionnaire on the questions in the document package on at http://enforcement.trade.gov/nme/ Department’s Web site at http:// the Department’s Web site in order to nme-sep-rate.html on the date of enforcement.trade.gov/download/prc- receive consideration for separate-rate publication of this Federal Register wbf/. For these administrative reviews, status. In other words, the Department notice. In responding to the Separate in order to demonstrate separate rate will not give consideration to any timely Rate Status Application, refer to the eligibility, the Department requires separate rate certification or application instructions contained in the entities for whom a review was made by parties who failed to respond application. Separate Rate Status requested, that were assigned a separate in a timely manner to the Q&V Applications are due to the Department rate in the most recent segment of this questionnaire and the additional no later than 30 calendar days of proceeding in which they participated, questions. All information submitted by publication of this Federal Register to certify that they continue to meet the respondents in the antidumping duty notice. For the antidumping duty criteria for obtaining a separate rate. The administrative review of wooden administrative review of wooden Separate Rate Certification form will be bedroom furniture from the PRC is bedroom furniture from the PRC, available on the Department’s Web site subject to verification. As noted above, Separate Rate Status Applications, as at http://enforcement.trade.gov/nme/ the separate rate certification, the well as a response to the Q&V nme-sep-rate.html on the date of separate rate application, the Q&V questionnaire and the additional publication of this Federal Register questionnaire, and the additional questions in the document package, are notice. In responding to the questions will be available on the due to the Department no later than 30 certification, please follow the Department’s Web site on the date of ‘‘Instructions for Filing the publication of this notice in the Federal 2 Such entities include entities that have not Certification’’ in the Separate Rate participated in the proceeding, entities that were Register. Certification. Separate Rate preliminarily granted a separate rate in any Initiation of Reviews Certifications are due to the Department currently incomplete segment of the proceeding no later than 30 calendar days after (e.g., an ongoing administrative review, new In accordance with 19 CFR shipper review, etc.) and entities that lost their publication of this Federal Register separate rate in the most recently completed 351.221(c)(1)(i), we are initiating notice. For the antidumping duty segment of the proceeding in which they administrative reviews of the following administrative review of wooden participated. antidumping and countervailing duty bedroom furniture from the PRC, 3 Only changes to the official company name, orders and findings. We intend to issue rather than trade names, need to be addressed via Separate Rate Certifications, as well as a Separate Rate Application. Information regarding the final results of these reviews not a response to the Q&V questionnaire new trade names may be submitted via a Separate later than January 31, 2017. and the additional questions in the Rate Certification. BILLING CODE 3510–DS–P

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Antidumping Duty Proceedings Period to be Reviewed

THAILAND: Prestessed Concrete Steel Wire Strand A-549-820 1/1/15 - 12/31/15

The Siam Industrial Wire Company

THE PEOPLE'S REPUBLIC OF CHINA: Fresh Garlic4 A-570-831 11/1/14- 10/31/15

Jinxiang Jinma Fruits Vegetables Products Co., Ltd.

THE PEOPLE'S REPUBLIC OF CHINA: Multilayered Wood Flooring5 A-570-970 12/1/14- 11/30/15

Baishan Huafeng Wooden Product Co., Ltd. 6

THE PEOPLE'S REPUBLIC OF CHINA: Potassium Permanganate A-570-001 1/1/15 - 12/31/15

Chongging Changyuan Chemical Corporation Limited

THE PEOPLE'S REPUBLIC OF CHINA: Wooden Bedroom Furniture A-570-890 1/1/15 -12/31/15

Ace Furniture & Crafts Ltd. Always Loyal International Art Heritage International, Ltd. Artwork Metal & Plastic Co., Ltd. Baigou Crafts Factory OfFengkai Beautter Furniture Mfg. Co. Best Beauty Furniture Co. Ltd Billionworth Enterprises Ltd. Brittomart Inc C.F. Kent Co., Inc. C.F. Kent Hospitality, Inc.

4 The name of the company listed above was misspelled in the initiation notice that published on January 7, 2016 (81 FR 736). The correct spelling of the company name is listed in this notice.

5 The deadline to withdraw a review request pursuantto 19 CFR 351.213(d)(l) continues to be 90 days from the publication of the initiation notice published on February 9, 2016 (81 FR 6832).

6 This company was inadvertently misspelled as "Wood" instead of"Wooden" in the initiation notice that published on February 9, 2016 (81 FR 6832).

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Century Distribution Systems, Inc. Changshu HTC Import & Export Co., Ltd. Cheng Meng Decoration & Furniture (Suzhou) Co., Ltd. Cheng Meng Furniture (PTE) Ltd. Chuan Fa Furniture Factory Classic Furniture Global Co., Ltd. Clearwise Co., Ltd. Dalian Guangming Furniture Co., Ltd. Dalian Huafeng Furniture Co., Ltd. Dalian Huafeng Furniture Group Co., Ltd. Decca Furniture Ltd. Der Cheng Furniture Co., Ltd. Der Cheng Wooden Works OfF actory Dongguan Bon Ten Furniture Co., Ltd. Dongguan Chengcheng Furniture Co., Ltd. Dongguan Dong He Furniture Co., Ltd. Dongguan Fortune Furniture Ltd. Dongguan Grand Style Furniture Co., Ltd. Dongguan Jinfeng Creative Furniture Dongguan Kingstone Furniture Co., Ltd., Kingstone Furniture Co., Ltd. Dongguan Lung Dong Furniture Co., Ltd. Dongguan Mingsheng Furniture Co., Ltd. Dongguan Mu Si Furniture Co., Ltd. Dongguan Nova Furniture Co., Ltd. Dongguan Singways Furniture Co., Ltd. Dongguan Sunrise Furniture Co., Ltd., Taicang Sunrise Wood Industry Co., Ltd., Taicang Fairmount Designs Furniture Co., Ltd., Meizhou Sunrise Furniture Co., Ltd. Dongguan Sunshine Furniture Co., Ltd. Dongguan Yujia Furniture Co., Ltd. Dongguan Zhisheng Furniture Co., Ltd. Dongying Huanghekou Furniture Industry Co., Ltd. Dorbest Ltd., Rui Feng Woodwork Co., Ltd. Aka Rui Feng Woodwork (Dongguan) Co., Ltd., Rui Feng Lumber Development Co., Ltd. Aka Rui Feng Lumber Development (Shenzhen) Co., Ltd. Dream Rooms Furniture (Shanghai) Co., Ltd. Eurosa (Kunshan) Co., Ltd., Eurosa Furniture Co., (Pte) Ltd. Evergo Furniture Manufacturing Co., Ltd. Fine Furniture (Shanghai) Ltd. Fleetwood Fine Furniture LP Fortune Furniture Ltd. Fortune Glory Industrial Ltd. (H.K. Ltd.), Tradewinds Furniture Ltd. Foshan Bailan Imp. & Exp. Ltd. Foshan Shunde Longjiang Zhishang Furniture Factory Fuijian Lianfu Forestry Co., Ltd. aka Fujian Wonder Pacific Inc. Fuzhou Huan Mei Furniture Co., Ltd. Golden Well International (HK) Ltd.

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Guangdong New Four Seas Furniture Manufacturing Ltd. Guangzhou Lucky Furniture Co., Ltd. Guangzhou Maria Yee Furnishings Ltd., Pyla HK Ltd., Maria Yee, Inc. Hainan Jong Bao Lumber Co., Ltd. Raining Kareno Furniture Co., Ltd. Hang Hai Woodcraft's Art Factory Hangzhou Cadman Trading Co., Ltd. Hangzhou Jason Outdoor Furniture Co., Ltd Hong Kong Da Zhi Furniture Co., Ltd. Hualing Furniture (China) Co., Ltd., Tony House Manufacture (China) Co., Ltd., Buysell Investments Ltd., Tony House Industries Co., Ltd. Hung Fai Wood Products Factory Ltd. Jasonwood Industrial Co., Ltd. S.A. Jiangmen Kinwai Furniture Decoration Co., Ltd. Jiangmen Kinwai International Furniture Co., Ltd. Jiangsu Dare Furniture Co., Ltd. Jiangsu Tairui Structure Engineering Co., Ltd. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd. Jiangsu Yuexing Furniture Group Co., Ltd. Jiashan Zhenxuan Furniture Co., Ltd. Jibbon Enterprise Co., Ltd. Jibson Industries Ltd. Jiedong Lehouse Furniture Co., Ltd. King's Way Furniture Industries Co., Ltd. Kingsyear Ltd. Kunshan Summit Furniture Co., Ltd. Liang Huang (Jiaxing) Enterprise Co., Ltd. Nanhai Jiantai Woodwork Co., Ltd., Fortune Glory Industrial Ltd. (H.K. Ltd.) Nantong Wanzhuang Furniture Co., Ltd. Nantong Yangzi Furniture Co., Ltd. Nathan International Ltd., Nathan Rattan Factory Orient International Holding Shanghai Foreign Trade Co., Ltd. Passwell Corporation, Pleasant Wave Ltd. Perfect Line Furniture Co., Ltd. Prime Best Factory Prime Best International Co., Ltd. Prime Wood International Co., Ltd. Putian Jinggong Furniture Co., Ltd. Qingdao Beiyuan Industry Trading Co., Ltd. Qingdao Beiyuan Shengli Furniture Co., Ltd. Qingdao Liangmu Co., Ltd. Qingdao Shengchang Wooden Co., Ltd. Restonic (Dongguan) Furniture Ltd., Restonic Far East (Samoa) Ltd. Rizhao Sanmu Woodworking Co., Ltd. Sen Y eong International Co., Ltd. Shanghai Jian Pu Export & Import Co., Ltd.

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Shanghai Maoji Imp And Exp Co., Ltd. Sheh Hau International Trading Ltd. Shenyang Shining Dongxing Furniture Co., Ltd. Shenzhen Diamond Furniture Co., Ltd. Shenzhen Forest Furniture Co., Ltd. Shenzhen Jiafa High Grade Furniture Co., Ltd., Golden Lion International Trading Ltd. Shenzhen New Fudu Furniture Co., Ltd. Shenzhen Wonderful Furniture Co., Ltd. Shenzhen Xingli Furniture Co., Ltd. Shing Mark Enterprise Co., Ltd., Carven Industries Limited (BVI), Carven Industries Limited (HK), Dongguan Zhenxin Furniture Co., Ltd., Dongguan Y ongpeng Furniture Co., Ltd. Songgang Jasonwood Furniture Factory Starwood Industries Ltd. Strongson (HK) Co. Strongson Furniture (Shenzhen) Co., Ltd. Strongson Furniture Co., Ltd. Sunforce Furniture (Hui-Yang) Co., Ltd., Sun Fung Wooden Factory, Sun Fung Co., Shin Feng Furniture Co., Ltd., Stupendous International Co., Ltd. Super Art Furniture Co., Ltd. Superwood Co., Ltd., Lianjiang Zongyu Art Products Co., Ltd. Teamway Furniture (Dong Guan) Co., Ltd. Techniwood Industries Ltd., Ningbo Furniture Industries Ltd., Ningbo Hengrun Furniture Co., Ltd. Tube-Smith Enterprise (Haimen) Co., Ltd. Tube-Smith Enterprise (Zhangzhou) Co., Ltd. U-Rich Furniture (Zhangzhou) Co., Ltd., U-Rich Furniture Ltd. Wanvog Furniture (Kunshan) Co., Ltd. Weimei Furniture Co., Ltd. Woodworth Wooden Industries (Dong Guan) Co., Ltd. Wuxi Yushea Furniture Co., Ltd. Xiamen Yongquan Sci-Tech Development Co., Ltd. Xilinmen Group Co., Ltd. Yeh Brothers World Trade Inc. Yichun Guangming Furniture Co., Ltd. Yihua Timber Industry Co., Ltd., Guangdong Yihua Timber Industry Co., Ltd. Zhang Zhou Sanlong Wood Product Co., Ltd. Zhangjiagang Daye Hotel Furniture Co., Ltd. Zhangjiang Sunwin Arts & Crafts Co., Ltd. Zhangzhou Guohui Industrial & Trade Co., Ltd. Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. Zhong Shan Fullwin Furniture Co., Ltd. Zhong Shun Wood Art Co. Zhongshan Fookyik Furniture Co., Ltd. Zhongshan Golden King Furniture Industrial Co., Ltd. Zhoushan For-Strong Wood Co., Ltd.

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BILLING CODE 3510–DS–C notice of initiation. Parties wishing to or after May 10, 2013. Please review the Duty Absorption Reviews participate in any of these final rule, available at http:// administrative reviews should ensure enforcement.trade.gov/frn/2013/ During any administrative review that they meet the requirements of these 1304frn/2013-08227.txt, prior to covering all or part of a period falling procedures (e.g., the filing of separate submitting factual information in this between the first and second or third letters of appearance as discussed at 19 segment. and fourth anniversary of the CFR 351.103(d)). Any party submitting factual publication of an antidumping duty information in an antidumping duty or order under 19 CFR 351.211 or a Revised Factual Information determination under 19 CFR Requirements countervailing duty proceeding must certify to the accuracy and completeness 351.218(f)(4) to continue an order or On April 10, 2013, the Department 7 suspended investigation (after sunset of that information. Parties are hereby published Definition of Factual reminded that revised certification review), the Secretary, if requested by a Information and Time Limits for domestic interested party within 30 requirements are in effect for company/ Submission of Factual Information: government officials as well as their days of the date of publication of the Final Rule, 78 FR 21246 (April 10, notice of initiation of the review, will representatives. All segments of any 2013), which modified two regulations antidumping duty or countervailing determine, consistent with FAG Italia v. related to antidumping and United States, 291 F.3d 806 (Fed Cir. duty proceedings initiated on or after countervailing duty proceedings: The August 16, 2013, should use the formats 2002), as appropriate, whether definition of factual information (19 antidumping duties have been absorbed for the revised certifications provided at CFR 351.102(b)(21)), and the time limits 8 by an exporter or producer subject to the the end of the Final Rule. The for the submission of factual Department intends to reject factual review if the subject merchandise is information (19 CFR 351.301). The final sold in the United States through an submissions in any proceeding rule identifies five categories of factual segments if the submitting party does importer that is affiliated with such information in 19 CFR 351.102(b)(21), exporter or producer. The request must not comply with applicable revised which are summarized as follows: (i) certification requirements. include the name(s) of the exporter or Evidence submitted in response to producer for which the inquiry is questionnaires; (ii) evidence submitted Revised Extension of Time Limits requested. in support of allegations; (iii) publicly Regulation Gap Period Liquidation available information to value factors On September 20, 2013, the For the first administrative review of under 19 CFR 351.408(c) or to measure Department modified its regulation any order, there will be no assessment the adequacy of remuneration under 19 concerning the extension of time limits of antidumping or countervailing duties CFR 351.511(a)(2); (iv) evidence placed for submissions in antidumping and on entries of subject merchandise on the record by the Department; and (v) countervailing duty proceedings: Final entered, or withdrawn from warehouse, evidence other than factual information Rule, 78 FR 57790 (September 20, 2013). for consumption during the relevant described in (i)–(iv). The final rule The modification clarifies that parties provisional-measures ‘‘gap’’ period, of requires any party, when submitting may request an extension of time limits the order, if such a gap period is factual information, to specify under before a time limit established under applicable to the POR. which subsection of 19 CFR Part 351 expires, or as otherwise 351.102(b)(21) the information is being specified by the Secretary. In general, an Administrative Protective Orders and submitted and, if the information is extension request will be considered Letters of Appearance submitted to rebut, clarify, or correct untimely if it is filed after the time limit Interested parties must submit factual information already on the established under Part 351 expires. For applications for disclosure under record, to provide an explanation submissions which are due from administrative protective orders in identifying the information already on multiple parties simultaneously, an accordance with 19 CFR 351.305. On the record that the factual information January 22, 2008, the Department seeks to rebut, clarify, or correct. The 7 See section 782(b) of the Act. published Antidumping and final rule also modified 19 CFR 351.301 8 See Certification of Factual Information To Countervailing Duty Proceedings: so that, rather than providing general Import Administration During Antidumping and Documents Submission Procedures; time limits, there are specific time limits Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also the frequently APO Procedures, 73 FR 3634 (January based on the type of factual information asked questions regarding the Final Rule, available 22, 2008). Those procedures apply to being submitted. These modifications at http://enforcement.trade.gov/tlei/notices/factual_ administrative reviews included in this are effective for all segments initiated on info_final_rule_FAQ_07172013.pdf.

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extension request will be considered DEPARTMENT OF COMMERCE Asia Symbol (Shandong) Pulp & Paper untimely if it is filed after 10:00 a.m. on Co. (AS Shandong), and Greenpoint the due date. Examples include, but are International Trade Administration Global Trading (Macao Commercial not limited to: (1) Case and rebuttal [C–560–829, C–570–023] Offshore) Limited (Greenpoint) briefs, filed pursuant to 19 CFR 351.309; (collectively, Asia Symbol) that the (2) factual information to value factors Certain Uncoated Paper From Department made ministerial errors in under 19 CFR 351.408(c), or to measure Indonesia and the People’s Republic of the final determination in the CVD the adequacy of remuneration under 19 China: Amended Final Affirmative investigation of certain uncoated paper CFR 351.511(a)(2), filed pursuant to 19 Countervailing Duty Determination and from the PRC.2 On January 27, 2016, the CFR 351.301(c)(3) and rebuttal, Countervailing Duty Order (Indonesia) Department received comments from clarification and correction filed and Countervailing Duty Order the petitioners 3 on Asia Symbol’s pursuant to 19 CFR 351.301(c)(3)(iv); (3) (People’s Republic of China) ministerial error allegation.4 The comments concerning the selection of a AGENCY: Enforcement and Compliance, Department analyzed the allegation surrogate country and surrogate values International Trade Administration, submitted by Asia Symbol and and rebuttal; (4) comments concerning Department of Commerce. determined that no ministerial errors U.S. Customs and Border Protection SUMMARY: Based on affirmative final exist, as defined by section 705(e) of the data; and (5) quantity and value determinations by the Department of Tariff Act of 1930, as amended (the Act), questionnaires. Under certain Commerce (the Department) and the and 19 CFR 351.224(f).5 circumstances, the Department may International Trade Commission (ITC), On January 19, 2016, the APRIL elect to specify a different time limit by the Department is issuing countervailing companies submitted a timely which extension requests will be duty (CVD) orders on certain uncoated ministerial error allegation, as amended considered untimely for submissions paper from Indonesia and the People’s on January 28, 2016, and requested that which are due from multiple parties Republic of China (PRC). Also, as the Department correct the alleged simultaneously. In such a case, the explained in this notice, the Department ministerial error in the subsidy rate Department will inform parties in the is amending its final affirmative calculations.6 No other interested party letter or memorandum setting forth the determination with respect to Indonesia submitted ministerial error allegations deadline (including a specified time) by to correct the rates assigned to APRIL or rebuttals to the APRIL companies’ which extension requests must be filed Fine Paper Macao Commercial Offshore submissions. The Department analyzed Limited/PT Anugrah Kertas Utama/PT to be considered timely. This the allegation submitted by the APRIL Riau Andalan Kertas/PT Intiguna modification also requires that an companies and determined that Primatama/PT Riau Andalan Pulp & extension request must be made in a ministerial errors exist, as defined by separate, stand-alone submission, and Paper/PT Esensindo Cipta Cemerlang (the APRIL companies); Great Champ section 705(e) of the Act and 19 CFR clarifies the circumstances under which 7 Trading Limited (Great Champ); Indah 351.224(f). See ‘‘Amendment to the the Department will grant untimely- Indonesia CVD Final Determination’’ filed requests for the extension of time Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and section, below for further discussion. limits. These modifications are effective Paper Mills (IK/TK/PD); and All-Others. On February 22, 2016, the ITC for all segments initiated on or after notified the Department of its final October 21, 2013. Please review the DATES: Effective Date: March 3, 2016. determinations pursuant to section final rule, available at http:// FOR FURTHER INFORMATION CONTACT: 705(b)(1)(A)(i) and section 705(d) of the www.gpo.gov/fdsys/pkg/FR-2013-09-20/ Indonesia: David Goldberger, Office II, Act, that an industry in the United html/2013-22853.htm, prior to telephone: (202) 482–4136; PRC: Joy States is materially injured by reason of submitting factual information in these Zhang, Office III, telephone: (202) 482– subsidized imports of subject segments. 1168; AD/CVD Operations, Enforcement and Compliance, International Trade These initiations and this notice are Administration, U.S. Department of 2 See Letter from Asia Symbol, ‘‘Certain Uncoated in accordance with section 751(a) of the Commerce, 14th Street and Constitution Paper from the People’s Republic of China: Act (19 U.S.C. 1675(a)) and 19 CFR Avenue NW., Washington, DC 20230. Ministerial Error Comments, dated January 19, 351.221(c)(1)(i). 2016. SUPPLEMENTARY INFORMATION: 3 The petitioners are United Steel, Paper and Dated: February 25, 2016. Forestry, Rubber, Manufacturing, Energy, Allied Background Gary Taverman, Industrial and Service Workers International Union On January 8, 2016, the Department (USW); Domtar Corporation; Finch Paper LLC; P.H. Associate Deputy Assistant Secretary for Glatfelter Company; and Packaging Corporation of Antidumping and Countervailing Duty issued its final determinations in the America (collectively, the petitioners). Operations. CVD investigations of certain uncoated 4 See Letter from the petitioners, ‘‘Certain 1 [FR Doc. 2016–04702 Filed 3–2–16; 8:45 am] paper from Indonesia and the PRC. Uncoated Paper From the People’s Republic of On January 19, 2016, the Department China: Petitioners’ Response To Asia Symbol’s BILLING CODE 3510–DS–P received a timely allegation from Asia Ministerial Error Comments,’’ dated January 27, Symbol (Guangdong) Paper Co., Ltd. 2016. 5 See Memorandum ‘‘Allegations of Ministerial (AS Guangdong) and its cross-owned Errors in the Final Determination,’’ dated February affiliates, Asia Symbol (Guangdong) 1, 2016. Omya Minerals Co., Ltd. (AS Omya), 6 See Letter from the APRIL companies, ‘‘Certain Uncoated Paper from Indonesia: Ministerial Error 1 See Certain Uncoated Paper From Indonesia: Comments,’’ dated January 19, 2016; Letter from the Final Affirmative Countervailing Duty APRIL companies, ‘‘Certain Uncoated Paper from Determination, 81 FR 3104 (January 20, 2016) Indonesia: Amended Ministerial Error Comments— (Indonesia Final Determination); Certain Uncoated AKU—APRIL,’’ dated January 28, 2016. Paper From the People’s Republic of China: Final 7 See Memorandum ‘‘Ministerial Error Allegations Affirmative Countervailing Duty Determination, 81 in the Final Determination,’’ dated February 17, FR 3110 (January 20, 2016). 2016 (Ministerial Error Decision Memorandum).

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merchandise from Indonesia and the 4802.57.3000, and 4802.57.4000. Some entered, or withdrawn from warehouse, PRC.8 imports of subject merchandise may for consumption on or after June 29, also be classified under 4802.62.1000, Scope of the Orders 2015, the date on which the Department 4802.62.2000, 4802.62.3000, published its preliminary CVD The merchandise subject to these 4802.62.5000, 4802.62.6020, determinations in the Federal orders includes uncoated paper in sheet 4802.62.6040, 4802.69.1000, Register,11 and before October 27, 2015, form; weighing at least 40 grams per 4802.69.2000, 4802.69.3000, the date on which the Department square meter but not more than 150 4811.90.8050 and 4811.90.9080. While instructed CBP to discontinue the grams per square meter; that either is a HTSUS subheadings are provided for suspension of liquidation in accordance white paper with a GE brightness level 9 convenience and customs purposes, the with section 703(d) of the Act. Section of 85 or higher or is a colored paper; written description of the scope is 703(d) of the Act states that the whether or not surface-decorated, dispositive. printed (except as described below), suspension of liquidation pursuant to a embossed, perforated, or punched; Amendment to the Indonesia CVD Final preliminary determination may not irrespective of the smoothness of the Determination remain in effect for more than four surface; and irrespective of dimensions As discussed above, after analyzing months. Therefore, entries of certain (Certain Uncoated Paper). the comments received, we determined, uncoated paper made on or after Certain Uncoated Paper includes (a) in accordance with section 705(e) of the October 27, 2015, and prior to the date uncoated free sheet paper that meets Act and 19 CFR 351.224(e), that we of publication of the ITC’s final this scope definition; (b) uncoated made ministerial errors in certain determinations in the Federal Register ground wood paper produced from calculations for the Indonesia Final are not liable for the assessment of CVDs bleached chemi-thermo-mechanical Determination with respect to the due to the Department’s pulp (BCTMP) that meets this scope APRIL companies. This amended final discontinuation, effective October 27, definition; and (c) any other uncoated CVD determination corrects these errors 2015, of the suspension of liquidation. paper that meets this scope definition and revises the ad valorem subsidy rate regardless of the type of pulp used to for the APRIL companies to 21.21 Suspension of Liquidation produce the paper. percent, Great Champ to 103.99 percent, In accordance with section 706 of the Specifically excluded from the scope IK/TK/PD to 109.14 percent, and All- Act, the Department will direct CBP to of these orders are (1) paper printed Others to 21.21 percent.10 with final content of printed text or reinstitute the suspension of liquidation graphics and (2) lined paper products, Countervailing Duty Orders of certain uncoated paper from typically school supplies, composed of In accordance with sections Indonesia and the PRC, effective the paper that incorporates straight 705(b)(1)(A)(i) and 705(d) of the Act, the date of publication of the ITC’s notice of horizontal and/or vertical lines that ITC notified the Department of its final final determinations in the Federal would make the paper unsuitable for determinations that the industry in the Register, and to assess, upon further copying or printing purposes. For United States producing certain advice by the Department pursuant to purposes of this scope definition, paper uncoated paper is materially injured by section 706(a)(1) of the Act, CVDs for shall be considered ‘‘printed with final reason of subsidized imports of certain each entry of the subject merchandise in content’’ where at least one side of the uncoated paper from Indonesia and the an amount based on the net sheet has printed text and/or graphics PRC. Therefore, in accordance with countervailable subsidy rates for the that cover at least five percent of the section 705(c)(2) of the Act, we are subject merchandise. On or after the surface area of the entire sheet. publishing these CVD orders. date of publication of the ITC’s final Imports of the subject merchandise As a result of the ITC’s final injury determinations in the Federal are provided for under Harmonized determinations, in accordance with Register, CBP must require, at the same Tariff Schedule of the United States section 706(a) of the Act, the time as importers would normally (HTSUS) categories 4802.56.1000, Department will direct U.S. Customs deposit estimated duties on this 4802.56.2000, 4802.56.3000, and Border Protection (CBP) to assess, merchandise, a cash deposit equal to the 4802.56.4000, 4802.56.6000, upon further instruction by the rates noted below: 4802.56.7020, 4802.56.7040, Department, CVDs on unliquidated 4802.57.1000, 4802.57.2000, entries of certain uncoated paper Indonesia

Amended Company subsidy rate (percent)

APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang ...... 21.21 Great Champ Trading Limited ...... 103.99

8 See Letter to Christian Marsh, Deputy Assistant 9 One of the key measurements of any grade of 10 See Ministerial Error Decision Memorandum at Secretary of Commerce for Enforcement and paper is brightness. Generally speaking, the brighter 3. Compliance, from Meredith Broadbent, Chairman of the paper the better the contrast between the paper 11 See Certain Uncoated Paper From Indonesia: the U.S. International Trade Commission, regarding and the ink. Brightness is measured using a GE Preliminary Affirmative Countervailing Duty Reflectance Scale, which measures the reflection of certain uncoated paper from Australia, Brazil, Determination and Alignment of Final light off a grade of paper. One is the lowest China, Indonesia, and Portugal (February 22, 2016). reflection, or what would be given to a totally black Determination With Final Antidumping See also Certain Uncoated Paper from Australia, grade, and 100 is the brightest measured grade. Determination, 80 FR 36971 (June 29, 2015); Certain Brazil, China, Indonesia, and Portugal, USITC ‘‘Colored paper’’ as used in this scope definition Uncoated Paper From the People’s Republic of Investigation Nos. 701–TA–528–529 and 731–TA– means a paper with a hue other than white that China: Preliminary Affirmative Countervailing Duty 1264–1268 (Final), USITC Publication 4592 reflects one of the primary colors of magenta, Determination and Alignment of Final (February 2016). yellow, and cyan (red, yellow, and blue) or a Determination With Final Antidumping combination of such primary colors. Determination, 80 FR 36968 (June 29, 2015).

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Amended Company subsidy rate (percent)

Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper Mills ...... 109.14 All-Others ...... 21.21

People’s Republic of China

Subsidy rate Company (percent)

Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS Shandong), Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), and Greenpoint Global Trading (Macao Commercial Off- shore) Limited (Greenpoint) (collectively, Asia Symbol Companies) ...... 7.23 Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd. (Sun Paper HK) (collectively, Sun Paper Companies) ...... 176.75 UPM (China) Co. Ltd. (UPM) ...... 176.75 All-Others ...... 7.23

This notice constitutes the CVD also called the Trawl Rationalization not all, of the trip-limit structure in orders with respect to certain uncoated Program. This notice also requests Federal regulations, and modified paper from Indonesia and the PRC, written comment. regulations for the at-sea fleets. Some of pursuant to section 706(a) of the Act. DATES: Public scoping will be conducted the remaining pre-Trawl Catch Share Interested parties may contact the through this notice. Comments must be Program regulations may unnecessarily Department’s Central Records Unit, received by 5 p.m. Pacific Standard constrain harvest efficiency and Room B8024 of the main Commerce Time on April 4, 2016 (see effectiveness under a catch share Building, for a copy of an updated list SUPPLEMENTARY INFORMATION). framework. Pre-Trawl Catch Share of CVD orders currently in effect. ADDRESSES: You may submit comments Program regulations that managed the These orders are issued and published on issues and alternatives by any of the fleet as a whole may need to be updated in accordance with section 706(a) of the following methods: or may no longer be appropriate for Act and 19 CFR 351.211(b). • Email: groundfish.gearEIS@ managing individuals operating under Dated: February 25, 2016. noaa.gov. the incentives provided by catch shares. • Paul Piquado, Mail: Submit written comments to Proposed Action Assistant Secretary for Enforcement and William W. Stelle, Jr., Regional Compliance. Administrator, West Coast Region, The proposed action is to revise groundfish gear regulations for the [FR Doc. 2016–04717 Filed 3–2–16; 8:45 am] NMFS, 7600 Sand Point Way NE., Trawl Catch Share Program, including BILLING CODE 3510–DS–P Seattle, WA 98115–0070; Attn: Jamie Goen. trawl gear configuration and gear use. Instructions: Comments sent by any The proposed action may include the DEPARTMENT OF COMMERCE following gear regulation changes: other method, to any other address or • individual, or received after the end of Loosening or eliminating the National Oceanic and Atmospheric the comment period, may not be minimum mesh size requirement for Administration considered by NMFS. bottom trawl; • Updating the procedure for RIN 0648–XE456 FOR FURTHER INFORMATION CONTACT: measuring mesh sizes; Jamie Goen, NMFS West Coast Region at • Loosening or eliminating cod-end Pacific Fishery Management Council; 206–526–4656 or [email protected]. Notice of Intent To Prepare an regulations; SUPPLEMENTARY INFORMATION: • Loosening or eliminating selective Environmental Impact Statement Background for Agency Action flatfish trawl gear requirements and AGENCY: National Marine Fisheries restrictions (Large and small footrope Service (NMFS), National Oceanic and There are more than 90 species distinctions would remain.); Atmospheric Administration (NOAA), managed under the Pacific Coast • Loosening or eliminating chafing Commerce. Groundfish Fishery Management Plan gear regulations; • ACTION: Notice of intent to prepare an (Groundfish FMP). These groundfish Allowing vessels to carry and/or environmental impact statement (EIS); stocks support an array of commercial, use multiple gear types on a single trip; • request for comments. recreational, and tribal fishing interests Allowing a gear to be fished in in state and Federal waters off the coasts multiple management areas on the same SUMMARY: NMFS and the Pacific Fishery of Washington, Oregon, and California. trip; and Management Council (Council) In addition, groundfish are harvested • Allowing a vessel’s next gear announce their intent to prepare an EIS incidentally in non-groundfish fisheries; deployment to start before all fish from in accordance with the National most notably, the trawl fisheries for the previous deployment have been Environmental Policy Act (NEPA) of pink shrimp and California halibut. stowed. 1969 to analyze the impacts on the The Trawl Catch Share Program was The proposed action may affect human (biological, physical, social, and implemented in 2011, changing how the fishing in the Trawl Catch Share economic) environment of gear changes groundfish limited entry trawl fishery is Program by any or all of the gear types in the Pacific Coast Groundfish managed. The Trawl Catch Share that participate in the fishery, including Fishery’s Trawl Catch Share Program, Program replaced the need for some, but bottom trawl (small and large footrope),

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midwater trawl, and legal groundfish prohibited. Alternative C2 would could be attached to the codend. Except nontrawl gear. The intent of the remove codend restrictions from Federal at the corners, the terminal edge (that proposed action is to further the goals regulations. edge closest to the closed end of the of Amendment 20 to the Groundfish codend) of each section of chafing gear Issue D—Selective Flatfish Trawl FMP and the Trawl Catch Share could not be attached to the net. The Program consistent with Magnuson- Selective flatfish trawl (SFFT) is a chafing gear would have to be attached Stevens Fishery Conservation and type of small footrope trawl. Alternative outside of any riblines and restraining Management Act requirements and D1 (No-action) would require a two- straps. other applicable laws. seamed net with no more than two Alternative E2 would align bottom riblines, excluding the codend. The Alternatives trawl chafing gear restrictions with breastline would remain no longer than recent changes to midwater trawl NEPA requires that agencies evaluate 3 feet. No floats along the center third chafing gear restrictions specified in reasonable alternatives to the proposed of the headrope or attached to the top regulation at 50 CFR 660.130(b)(4)(i) action, which address the purpose and panel would be allowed, except on and (ii). These changes would allow the need for agency action. The Council riblines. The footrope would be less chafing gear to cover more of the codend adopted a preliminary range of than 105 feet long. The headrope would than the No-action Alternative. alternatives for analysis and public not be less than 30 percent longer than Generally, the bottom trawl chafing gear review at its September 2015 meeting, the footrope under this alternative. The restriction would be revised to read as and further refined the range at its areas fished with SFFT are as follows follows: November 2015 meeting. (§ 660.130(c)(2)(i)): The range of alternatives for this • North of 40°10′ N. latitude, Chafing gear may cover the bottom and action are organized within eight gear- selective flatfish gear is required sides of the codend in either one or more related issues (Issue A through Issue H) shoreward of the Rockfish Conservation sections. Only the front edge (edge closest to the open end of the codend) and sides of and parallel the bulleted list in the Area (RCA). • ° ′ each section of chafing gear may be attached ‘‘Proposed Action’’ section. The range of South of 40 10 N. latitude, to the codend; except at the corners, the alternatives for each issue is described selective flatfish gear is permitted, but terminal edge (edge closest to the closed end below. The Council is currently not required, shoreward of the RCA. of the codend) of each section of chafing gear scheduled to select a final preferred • The use of selective flatfish trawl must not be attached to the net. Chafing gear alternative at its March 8–14, 2016, gear is permitted seaward of the RCA is not permitted on the top codend panel meeting. However, there is a possibility coastwide. except that a band of mesh (a ‘‘skirt’’) may that final Council decision-making Alternative D2 would modify the encircle the net under or over transfer cables, could occur at its April or June SFFT definition to allow a two-seam or lifting or splitting straps (chokers), riblines, and restraining straps, but must be the same meetings. a four-seam net. Areas fished would remain as stated in the No-action mesh size and coincide knot-to-knot with the Issue A—Minimum Mesh Size Alternative. net to which it is attached and be no wider than 16 meshes. Mesh size requirements are intended Alternative D3 would modify the to reduce the catch of juvenile and small SFFT definition to allow a two-seam or Alternative E3 would eliminate unmarketable fish. This action would a four-seam net. The SSFT requirement chafing gear restrictions for bottom change the minimum mesh size for shoreward of the RCA north of 40°10′ N. trawl and midwater trawl gear. Chafing bottom trawl and midwater trawl. latitude would be eliminated. It would gear could be used, but regulations Alternative A1 (No-action) would be replaced with a small footrope would not restrict how much of the continue to be 4.5 inches for bottom requirement (like the requirement south codend or net it covers nor where it is trawl and 3 inches for midwater trawl. of 40°10′ N. latitude). Requirements connected to the net. Alternative A2 would shift the shoreward of the RCA south of 40°10′ N. Issue F—Multiple Gears minimum mesh size to 4 inches for latitude and seaward of the RCA bottom trawl only. Alternative A3 coastwide would remain as stated in the A vessel may carry a number of would not specify a minimum mesh size No-action Alternative. different gears while participating in the for bottom trawl or midwater trawl. Issue E—Chafing Gear groundfish trawl sector. This issue considers allowing multiple types of Issue B—Measuring Mesh Size Chafing gear is webbing or other fishing gear on the vessel during a single material attached to the codend to The alternatives under Issue B apply trip. The term ‘‘fixed gear’’ as used in protect it from wear. The decision on to how mesh size is measured and could Issue F is shorthand for all legal codends under Issue C (Alternatives C1 apply to any of the minimum mesh size groundfish non-trawl gear. Under the and C2) may affect the issue of chafing alternatives under Issue A. Alternative gear switching provision in the gear should Alternative C2 be chosen. B1 (No-action) would continue to Shorebased Individual Fishing Quota Alternative C2 would allow double- measure trawl mesh size between the (IFQ) Program, several fixed gears are walled codends, and chafing gear could inside of the one knot to the inside of permissible. As stated in the regulations be used to create a double-walled the opposing knot, regardless of twine at § 660.130(k) on gear switching, codend. size. Alternative B2 would measure the participants can also fish for IFQ species Alternative E1 (No-action) would opening between opposing knots or, in ‘‘using any legal groundfish non-trawl continue to have chafing gear for bottom knotless webbing, between opposing gear.’’ Referring to the definitions trawl encircle no more than 50 percent corners, regardless of twine size. section at § 660.11 in Federal of the net’s circumference and could be regulations, legal groundfish non-trawl Issue C—Codend in one or more sections. It could be used gear includes non-trawl gear used by The codend is the terminal, closed on only the last 50 meshes, measured both the limited entry fixed gear and end of a trawl net. Alternative C1 (No- from the terminal edge (closed end) of open access fisheries as follows: action) would require only single- the codend. Only the front edge (that • walled codends in any trawl. Double- closest to the open end of the codend) Longline, walled codends would still be and sides of each section of chafing gear • trap or pot,

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• set net (anchored gillnet or trammel • Between 34°27′ N. latitude and the changing the trawl mesh size or net, which are permissible south of 38° U.S./Mexico border. removing codend restrictions causes N. lat. only), Alternative G1 (No-action) would smaller fish to be harvested. There may • hook-and-line (fixed or mobile, maintain the restriction that vessels be increased uncertainty in total including commercial vertical hook- participating in the Shorebased IFQ mortality estimates for all species from and-line), and Program may not fish in more than one allowing multiple gears to be fished • spear. IFQ management area on the same trip. during a trip. The EIS will also consider Alternative F1 (No-action) would Alternative G2 would allow fishing in the cumulative effects of the proposed restrict vessels to one type of trawl gear multiple IFQ management areas on the action with any past, present or (bottom or midwater) onboard per trip. same trip. This would create reasonably foreseeable future actions. In For bottom trawl gear, both small opportunities to shift from one particular, the gear changes in the Trawl footrope and large footrope could be on management area to another during a Catch share Program will need to be the vessel and fished during a single fishing trip. If retaining catch from considered in light of upcoming changes fishing trip. Multiple fixed gear types multiple IFQ management areas on a to monitoring with electronic would be allowed onboard each trip. single trip, then the catch would have monitoring and changes to habitat and Trawl gear and fixed gear would not be to be sorted by IFQ management area overfished species protections with permitted onboard during the same trip. and recorded on separate electronic fish Essential Fish Habitat and RCA actions. Only one type of gear can be fished per tickets. Through the public scoping process and trip. Issue H—Fishing Before Previous Catch as the EIS is drafted, additional Alternative F2 would allow multiple Is Stowed potentially significant impacts may be trawl gear types (bottom and midwater) identified. onboard on the same trip. The same as To track catch accurately to the haul Request for Comments under the No-action Alternative, level, regulations require previous catch multiple fixed gear types would be to be stowed before a new haul is NMFS provides this notice to: (1) allowed onboard during each trip. Trawl brought onboard the vessel. Alternative Advise the public and other agencies of vessels would not be allowed to have H1 (No-action) would continue to its plans to analyze effects related to the trawl and fixed gear onboard on the prohibit vessels in the Shorebased IFQ action, and (2) obtain suggestions and same trip. Vessel operators could use Program from bringing a haul on board information that may be useful to the only one gear type per trip (bottom before all catch from the previous haul scope of issues and the full range of trawl, midwater trawl, or fixed gear). has been stowed. Alternative H2, in the alternatives to include in the EIS. For bottom trawl gear, both small Shorebased IFQ Program, would allow a NMFS invites comment from all footrope and large footrope could be new haul to be brought onboard and interested parties to ensure that the full fished during a single fishing trip. dumped on deck before all catch from range of issues related to gear changes Alternative F3 would allow multiple the previous haul has been stowed. in the Pacific Coast Groundfish gear types onboard on the same trip. In Catch from different hauls would have Fishery’s Trawl Catch Share Program addition, they could be used on the to be kept separate until the observers are identified. NMFS is specifically same trip as follows: could complete their collection of catch inviting comments on the proposed • Gear Type Sub-option A: Any trawl for sampling. alternatives described above. In addition, NMFS invites comments on gear could be used (bottom and Preliminary Identification of the potential impacts of these midwater). Environmental Issues • Gear Type Sub-option B: Any legal alternatives and further details of how IFQ groundfish gear could be used. A principal objective of the scoping fishermen are likely to operate under • Sorting Sub-option A: Vessel and public input process is to identify these alternatives. For example, NMFS operators must separate catch by gear potentially significant impacts to the invites comments on the potential type. Landings must be recorded on a human environment that should be impacts of the alternatives given separate electronic fish ticket by gear analyzed in depth in the EIS. If, during changes being considered by the type. the preparation of this EIS, NMFS Council on electronic monitoring, • Sorting Sub-option B: Catch by gear determines that a finding of no essential fish habitat, and rockfish type could be comingled. significant impact can be supported, it conservation areas. Comments should Under Alternative F3, gear type sub- may prepare an Environmental be as specific as possible. options would be independent of Assessment (EA) and issue a retraction Written comments concerning the sorting options. of this notice. Alternatively, NMFS may proposed action and the environmental still continue with the preparation of an review should be directed to NMFS as Issue G—Fishing in Multiple IFQ EIS. Information and analysis prepared described above (see ADDRESSES). All Management Areas for this action also may be used when comments and materials received, The Shorebased IFQ Program includes scoping future groundfish actions to including names and addresses, will IFQ management areas, specified in help decide whether to prepare an EA become part of the administrative record regulation at § 660.140(c)(2), that are or EIS. and may be released to the public. based on the stock information for select Some alternatives may have Public Scoping Process species, harvest allocations, and the significant impacts on the human corresponding quota share for species. environment. The proposed action to Public scoping will be conducted The IFQ management areas are as change mesh size, change codend through this notice. In addition, further follows: restrictions, and eliminate selective participation by the public will occur • Between the U.S./Canada border flatfish trawl gear may negatively throughout the Council’s decision- and 40°10′ N. latitude, impact some species listed under the making process. All decisions during • Between 40°10′ N. latitude and 36° Endangered Species Act (ESA), the Council process benefit from written N. latitude, including salmon and eulachon. In and oral public comments delivered • Between 36° N. latitude and 34°27′ addition, there may be an impact on prior to or during the Council meeting. N. latitude, and stock productivity for many species if These public comments are considered

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integral to scoping for developing this Council address: Mid-Atlantic Fishery jointly, to NMFS pursuant to the EIS. Future Council meetings that offer Management Council, 800 N. State limitation on take prohibitions for opportunities for public involvement Street, Suite 201, Dover, DE 19901; actions conducted under Limit 6 of the include the March 8–14, 2016, meeting telephone: (302) 674–2331 or on their 4(d) Rule for salmon and steelhead in Sacramento, California (DoubleTree Web site at www.mafmc.org. promulgated under the Endangered by Hilton Sacramento, 2001 Point West FOR FURTHER INFORMATION CONTACT: Species Act (ESA). The plans specify Way, Sacramento, CA 95815). Other Christopher M. Moore, Ph.D., Executive the propagation of five species of future opportunities for public Director, Mid-Atlantic Fishery salmon in the Hood Canal region of involvement may arise and will be Management Council, telephone: (302) Washington State. This document serves posted in the Council Briefing Book (on 526–5255. to notify the public of the availability the Council’s Web site (http:// SUPPLEMENTARY INFORMATION: for comment of the proposed evaluation www.pcouncil.org/council-operations/ of the Secretary of Commerce briefing-books/) prior to the meeting. Agenda (Secretary) as to whether For further information on these The MAFMC’s Collaborative Research implementation of the joint plans will meetings, visit the Council’s Web site, Committee will hold a closed meeting to appreciably reduce the likelihood of http://www.pcouncil.org/council- review and make recommendations on survival and recovery of ESA-listed operations/council-meetings/future- collaborative research project proposals. Puget Sound Chinook salmon and Puget meetings/. In December 2015, the Council Sound steelhead. This notice further advises the public Special Accommodations published a Request for Proposals (RFP) for collaborative research projects that of the availability for review of a draft The Council meetings are physically address seven research priorities. Environmental Assessment of the effects accessible to people with disabilities. During the meeting, the Collaborative of the NMFS determination on the Requests for sign language Research Committee will review and subject joint plans. interpretation or other auxiliary aids make funding recommendations on the DATES: Comments must be received at should be directed to Kris Kleinschmidt proposals that were submitted in the appropriate address or fax number at [email protected] or (503) response to the RFP. (see ADDRESSES) no later than 5 p.m. 820–2280 at least 5 days prior to the Pacific time on April 4, 2016. Special Accommodations meeting date. ADDRESSES: Written comments on the Authority: 16 U.S.C. 1801 et seq. These meetings are physically proposed evaluation and pending accessible to people with disabilities. Dated: February 26, 2016. determination should be addressed to Requests for sign language Emily H. Menashes, the NMFS Sustainable Fisheries interpretation or other auxiliary aid Division, 1201 NE Lloyd Blvd., Acting Director, Office of Sustainable should be directed to M. Jan Saunders, Fisheries, National Marine Fisheries Service. Portland, OR 97232. Comments may be (302) 526–5251, at least 5 days prior to submitted by email. The mailbox [FR Doc. 2016–04612 Filed 3–2–16; 8:45 am] the meeting date. address for providing email comments BILLING CODE 3510–22–P Authority: 16 U.S.C. 1801 et seq. is: [email protected]. Dated: February 29, 2016. Include in the subject line of the email comment the following identifier: DEPARTMENT OF COMMERCE Tracey L. Thompson, Comments on Hood Canal hatchery Acting Director, Office of Sustainable programs. National Oceanic and Atmospheric Fisheries, National Marine Fisheries Service. Administration [FR Doc. 2016–04667 Filed 3–2–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P Charlene Hurst at (503) 230–5409 or by RIN 0648–XE476 email at [email protected]. SUPPLEMENTARY INFORMATION: Mid-Atlantic Fishery Management DEPARTMENT OF COMMERCE Council (MAFMC); Meeting ESA-Listed Species Covered in This Notice AGENCY: National Marine Fisheries National Oceanic and Atmospheric Service (NMFS), National Oceanic and Administration Chinook salmon (Oncorhynchus Atmospheric Administration (NOAA), RIN 0648–XE472 tshawytscha): Threatened, naturally Commerce. produced and artificially propagated Puget Sound. ACTION: Notice of a public meeting. Endangered and Threatened Species; Take of Anadromous Fish Steelhead (O. mykiss): Threatened, SUMMARY: The Mid-Atlantic Fishery naturally produced and artificially AGENCY: Management Council’s (MAFMC) National Marine Fisheries propagated Puget Sound. Collaborative Research Committee will Service (NMFS), National Oceanic and Chum salmon (O. keta): Threatened, hold a closed meeting to review and Atmospheric Administration (NOAA), naturally produced and artificially make recommendations on collaborative Commerce. propagated Hood Canal summer-run. research project proposals. ACTION: Notice; availability of joint Bull trout (Salvelinus confluentus): state/tribal hatchery plans and request Threatened Puget Sound/Washington DATES: The meeting will be held on for comment. Coast. Wednesday, March 23, 2016, from 9:30 a.m. to 4:30 p.m. For agenda details, see SUMMARY: Notice is hereby given that Background SUPPLEMENTARY INFORMATION. the Washington Department of Fish and The Washington Department of Fish ADDRESSES: The meeting will be held at Wildlife, the Port Gamble S’Klallam and Wildlife, the Port Gamble S’Klallam the Double Tree by Hilton Baltimore— Tribe, the Skokomish Tribe, and the Tribe, the Skokomish Tribe, and the BWI Airport, 890 Elkridge Landing United States Fish and Wildlife Service United States Fish and Wildlife Service Road, Linthicum, Maryland 21090; have submitted 10 Hatchery and Genetic have submitted to NMFS plans for 10 telephone: (410) 859–8400. Management Plans, to be considered jointly operated hatchery programs in

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the Hood Canal region. The plans were 9(a)(1)(B) and 9(a)(1)(C) to artificial Dated: February 29, 2016. submitted from November 2012 to propagation activities if those activities Angela Somma, September 2013, pursuant to limit 6 of are managed in accordance with a joint Chief, Endangered Species Division, Office the 4(d) Rule for ESA-listed salmon and plan whose implementation has been of Protected Resources, National Marine steelhead. The hatchery programs determined by the Secretary to not Fisheries Service. release ESA-listed Chinook salmon and appreciably reduce the likelihood of [FR Doc. 2016–04669 Filed 3–2–16; 8:45 am] steelhead and non-listed fall Chinook, survival and recovery of the listed BILLING CODE 3510–22–P coho, fall chum, and pink salmon into salmonids. As specified in limit 6 of the the Hood Canal region. Nine of the ten 4(d) Rule, before the Secretary makes a programs are currently operating; the decision on the joint plan, the public DEPARTMENT OF DEFENSE Hamma Hamma Chinook must have an opportunity to review and Supplementation program is expected to comment on the pending determination. Office of the Secretary resume in the near future. As required by the ESA 4(d) Rule (65 Authority [Transmittal No. 15–61] FR 42422, July 10, 2000, as updated in 70 FR 37160, June 28, 2005), the Under section 4 of the ESA, the 36(b)(1) Arms Sales Notification Secretary of Commerce is required to Secretary is seeking public comment on AGENCY: Defense Security Cooperation her pending determination as to adopt such regulations as she deems Agency, Department of Defense. whether the joint plans for hatchery necessary and advisable for the ACTION: Notice. programs in Hood Canal would conservation of species listed as appreciably reduce the likelihood of threatened. The ESA salmon and SUMMARY: The Department of Defense is survival and recovery of the ESA-listed steelhead 4(d) Rule (65 FR 42422, July publishing the unclassified text of a Puget Sound salmon and steelhead. 10, 2000, as updated in 70 FR 37160, section 36(b)(1) arms sales notification. Under section 4(d) of the ESA, the June 28, 2005) specifies categories of This is published to fulfill the Secretary is required to adopt such activities that contribute to the requirements of section 155 of Public regulations as she deems necessary and conservation of listed salmonids and Law 104–164 dated July 21, 1996. advisable for the conservation of species sets out the criteria for such activities. FOR FURTHER INFORMATION CONTACT: listed as threatened. NMFS has issued a Limit 6 of the updated 4(d) Rule (50 Sarah A. Ragan or Heather N. Harwell, final ESA 4(d) Rule for salmon and CFR 223.203(b)(6)) further provides that DSCA/LMO, (703) 604–1546/(703) 607– steelhead, adopting in Limit 6 the prohibitions of paragraph (a) of the 5339. regulations necessary and advisable to updated 4(d) Rule (50 CFR 223.203(a)) The following is a copy of a letter to harmonize statutory conservation the Speaker of the House of requirements with tribal rights and the do not apply to activities associated Representatives, Transmittal 15–61 with Federal trust responsibility to tribes (50 with a joint state/tribal artificial attached Policy Justification and CFR 223.209). propagation plan provided that the joint This 4(d) Rule applies the plan has been determined by NMFS to Sensitivity of Technology. prohibitions enumerated in section be in accordance with the salmon and Dated: February 29, 2016. 9(a)(1) of the ESA. NMFS did not find steelhead 4(d) Rule (65 FR 42422, July Aaron Siegel, it necessary and advisable to apply the 10, 2000, as updated in 70 FR 37160, Alternate OSD Federal Register Liaison take prohibitions described in section June 28, 2005). Officer, Department of Defense.

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Transmittal No. 15–61 Major Defense Equipment (MDE) (vi) Sales Commission, Fee, etc., Paid, Notice of Proposed Issuance of Letter of includes: Offered, or Agreed to be Paid: None Offer Pursuant to Section 36(b)(1) of the Sixteen (16) Evolved Seasparrow (vii) Sensitivity of Technology Arms Export Control Act, as Amended Missiles (ESSM) (Fourteen (14) tactical Contained in the Defense Article or missiles and two (2) telemetry missiles) (i) Prospective Purchaser: Government Defense Services Proposed to be Sold: Three (3) MK25 Quad Pack canisters of Thailand See Annex attached (ii) Total Estimated Value: Ten (10) MK783 shipping containers (viii) Date Report Delivered to Major Defense Equipment * $18,570,385 Also included with this request is Congress: 28 October 2015 Other ...... $ 8,373,060 additional equipment; training; and *As defined in Section 47(6) of the technical services. Arms Export Control Act TOTAL ...... $26,943,445 (iv) Military Department: U.S. Navy (iii) Description and Quantity or (XX–P–AKO) Quantities of Articles or Services under (v) Prior Related Cases, if any: FMS Consideration for Purchase: case AKM—$18,186,188—29 Sep 2014

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POLICY JUSTIFICATION Transmittal No. 15–61 4. A determination has been made Government of Thailand—Evolved Notice of Proposed Issuance of Letter of that Thailand can provide substantially Seasparrow Missiles (ESSM) Offer Pursuant to Section 36(b)(1) of the the same degree of protection for the Arms Export Control Act sensitive technology being released as The Government of Thailand the U.S. Government. This sale is requested a possible sale of Major Annex necessary in furtherance of the U.S. Defense Equipment for its Evolved Item No. vii foreign policy and national security Seasparrow Missile (ESSM) program. objectives outlined in the Policy The total estimated value of MDE is (vii) Sensitivity of Technology: Justification. $18,570,385. The total overall estimated 1. This sale will involve the release of value is $26,943,445. sensitive technology to Thailand. The 5. All of the defense articles and Major Defense Equipment (MDE) Evolved Seasparrow missile weapons services listed in this transmittal have includes: system is classified up to been authorized for release and export Sixteen (16) Evolved Seasparrow CONFIDENTIAL. The missile includes to the Government of Thailand. Missiles (ESSM) (Fourteen (14) tactical the guidance section, warhead section, [FR Doc. 2016–04683 Filed 3–2–16; 8:45 am] missiles and two (2) telemetry missiles) transition section, propulsion section, BILLING CODE 5001–06–P Three (3) MK25 Quad Pack canisters control section and Thrust Vector Ten (10) MK783 shipping containers Control (TVC), of which the guidance Also included with this request is section and transition section are DEPARTMENT OF DEFENSE additional equipment; training; and classified CONFIDENTIAL. technical services. Documentation to be provided to Office of the Secretary This proposed sale will contribute to Thailand includes: the foreign policy and national security a. Parametric documents [Transmittal No. 15–62] of the United States by increasing the (CONFIDENTIAL) ability of Thailand to contribute to b. Missile Handling/Maintenance 36(b)(1) Arms Sales Notification regional security and improving Procedures (UNCLASSIFIED only) interoperability with the U.S. Navy. c. General Performance Data AGENCY: Department of Defense, Defense Thailand will use the ESSM to (CONFIDENTIAL) Security Cooperation Agency. provide ship battlespace self-defense d. Firing Guidance (CONFIDENTIAL) ACTION: and firepower, which will improve its e. Dynamics Information Notice. capability to meet current and future (CONFIDENTIAL) naval threats. 2. The sale of the Evolved Seasparrow SUMMARY: The Department of Defense is The proposed sale of these equipment Missiles under this FMS case will result publishing the unclassified text of a and support will not alter the basic in the transfer of sensitive technological section 36(b)(1) arms sales notification. military balance in the region. information and or/restricted This is published to fulfill the The principal contractors are: information contained in the missile requirements of section 155 of Public Raytheon Missile Systems (RMS), guidance section. Certain operating Law 104–164 dated July 21, 1996. Tucson, Arizona BAE Systems, Aberdeen, South frequencies and performance FOR FURTHER INFORMATION CONTACT: Dakota characteristics are classified SECRET Sarah A. Ragan or Heather N. Harwell, SAAB, 9LV MK4 Combat because they could be used to develop DSCA/LMO, (703) 604–1546/(703) 607– Management System, Sweden tactics and/or countermeasures that 5339. might reduce weapon system Lockheed Martin, Baltimore, MD The following is a copy of a letter to effectiveness. There are no known offset agreements the Speaker of the House of proposed in connection with this 3. If a technologically advanced adversary were to obtain knowledge of Representatives, and corrected potential sale. Transmittal 15–62 with attached Policy Implementation of this proposed sale the specific hardware and software Justification and Sensitivity of will not require the assignment of any elements, primarily performance Technology. additional U.S. Government or characteristics, engagement algorithms contractor representatives to Thailand. and transmitter specific frequencies, the Dated: February 29, 2016. There is no adverse impact on U.S. information could be used to develop Aaron Siegel, defense readiness as a result of this countermeasures which might reduce Alternate OSD Federal Register Liaison proposed sale. weapon system effectiveness. Officer, Department of Defense.

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Transmittal No. 15–62 Three (3) RQ–4 Block 30 (I) Global and logistics support services, and other Notice of Proposed Issuance of Letter of Hawk Remotely Piloted Aircraft with related elements of logistics support. Offer Pursuant to Section 36(b)(l) of the Enhanced Integrated Sensor Suite (EISS) (iv) Military Department: Air Force Arms Export Control Act, as amended Eight (8) Kearfott Inertial Navigation (X7–D–SAI) System/Global Positioning System (INS/ (v) Prior Related Cases, if any: None (i) Prospective Purchaser: Government GPS) units (2 per aircraft with 2 spares) (vi) Sales Commission, Fee, etc., Paid, of Japan Eight (8) LN–251 INS/GPS units (2 per Offered, or Agreed to be Paid: None (ii) Total Estimated Value: aircraft with 2 spares) Major Defense Equipment * .. $ .689 billion Also included with this request are (vii) Sensitivity of Technology Other ...... $ .511 billion operational-level sensor and aircraft test Contained in the Defense Article or Defense Services Proposed to be Sold: TOTAL ...... $1.20 billion equipment, ground support equipment, operational flight test support, See Attached Annex. (iii) Description and Quantity or communications equipment, spare and (viii) Date Report Delivered to Quantities of Articles or Services under repair parts, personnel training, Congress: 10 February 2016 Consideration for Purchase: publications and technical data, U.S. * As defined in Section 47(6) of the Major Defense Equipment (MDE): Government and contractor technical Arms Export Control Act

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POLICY JUSTIFICATION Transmittal No. 15–62 contains a mission planning workstation Government of Japan-RQ–4 Block 30 (I) Notice of Proposed Issuance of Letter of and a C2 workstation. The primary Global Hawk Remotely Piloted Aircraft Offer Pursuant to Section 36(b)(1) of the difference between the LRE and MCE is Arms Export Control Act, as amended the lack of any wide-band data links or The Government of Japan has image processing capability within the requested a possible sale of: Annex LRE and navigation equipment at the Major Defense Equipment (MDE): Item No. vii LRE to provide the precision required Three (3) RQ–4 Block 30 (I) Global (vii) Sensitivity of Technology: for ground operations, take-off, and Hawk Remotely Piloted Aircraft with 1. The RQ–4 Block 30 Global Hawk landing. The LRE, technical data, and Enhanced Integrated Sensor Suite (EISS) hardware and software are documentation are UNCLASSIFIED. The EISS includes infrared/electro-optical, Eight (8) Kearfott Inertial Navigation UNCLASSIFIED. The highest level of classified information required for synthetic aperture radar imagery, System/Global Positioning System (INS/ ground moving target indicator and GPS) units (2 per aircraft with 2 spares) operation may be SECRET depending on the classification of the imagery or space to accommodate optional SIGINT, Eight (8) LN–251 INS/GPS units (2 per Maritime, datalink, and automatic aircraft with 2 spares) Signals Intelligence (SIGINT) utilized on a specific operation. The RQ–4 is identification system capabilities. The Also included with this request are optimized for long range and prolonged ground control element includes a operational-level sensor and aircraft test flight endurance. It is used for military mission control function and a launch equipment, ground support equipment, intelligence, surveillance, and and recovery capability. operational flight test support, reconnaissance. Aircraft system, sensor, c. The RQ–4 employs a quad- communications equipment, spare and and navigational status are provided redundant Inertial Navigation System/ repair parts, personnel training, continuously to the ground operators Global Positioning System (INS/GPS) publications and technical data, U.S. through a health and status downlink configuration. The system utilizes two Government and contractor technical for mission monitoring. Navigation is different INS/GPS systems for greater and logistics support services, and other via inertial navigation with integrated redundancy. The system consists of two related elements of logistics support. global positioning system (GPS) LN–251 units and two Kearfott KN– The estimated value of MDE is $.689 updates. The vehicle is capable of 4074E INS/GPS Units. The LN–251 is a billion. The total estimated value is $1.2 operating from a standard paved fully integrated, non-dithered billion. runway. Real time missions are flown navigation system with an embedded This proposed sale will contribute to under the control of a pilot in a Ground Selective Availability/Anti-Spoofing the foreign policy and national security Control Element (GCE). It is designed to Module (SAASM), P(Y) code or of the United States. Japan is one of the carry a non-weapons internal payload of Standard Positioning Service (SPS) GPS. major political and economic powers in 3,000 lbs consisting primarily of sensors It utilizes a Fiber-Optic Gyro (FOG) and East Asia and the Western Pacific and and avionics. The following payloads includes three independent navigation a key partner of the United States in are integrated into the RQ–4: Enhanced solutions: blended INS/GPS, INS-only, ensuring regional peace and stability. Imagery Sensor Suite that includes and GPS-only. The Kearfott KN–4074E This transaction is consistent with U.S. multi-use infrared, electro-optical, features a Monolithic Ring Laser Gyro foreign policy and national security ground moving target indicator, and (MRLG) and accelerometer. The inertial objectives and the 1960 Treaty of synthetic aperture radar and a space to sensors are tightly coupled with an Mutual Cooperation and Security. accommodate other sensors such as embedded SAASM P(Y) code GPS. Both The proposed sale of the RQ–4 will SIGINT. The RQ–4 will include the systems employ cryptographic significantly enhance Japan’s GCE, which consists of the following technology that can be classified up to intelligence, surveillance, and components: SECRET. reconnaissance (ISR) capabilities and a. The Mission Control Element 2. If a technology advanced adversary help ensure that Japan is able to (MCE) is the RQ–4 Global Hawk ground were to obtain knowledge of the specific continue to monitor and deter regional control station for mission planning, hardware and software elements, the threats. The Japan Air Self Defense communication management, aircraft information could be used to develop Force (JASDF) will have no difficulty and mission control, and image countermeasures that might reduce absorbing these systems into its armed processing and dissemination. It can be weapon system effectiveness or be used forces. either fixed or mobile. In addition to the in the development of a system with similar or advanced capabilities. The proposed sale of this equipment shelter housing the operator workstations, the MCE includes an 3. All defense articles and services and support will not alter the basic listed in this transmittal have been military balance in the region. optional 6.25 meter Ku-Band antenna assembly, a Tactical Modular authorized for release and export to the The principal contractor will be Interoperable Surface Terminal, a 12-ton Government of Japan. Northrop Grumman Corporation in Environmental Control Unit (heating [FR Doc. 2016–04684 Filed 3–2–16; 8:45 am] Rancho Bernardo, California. There are and air conditioning), and two 100 BILLING CODE 5001–06–P no known offset agreements in kilowatt electrical generators. The MCE, connection with this potential sale. technical data, and documentation are Implementation of this proposed sale UNCLASSIFIED. The MCE may operate DEPARTMENT OF DEFENSE will require the assignment of contractor at the classified level depending on the representatives to Japan to perform classification of the data feeds. Office of the Secretary contractor logistics support and to b. The Launch and Recovery Element support establishment of required (LRE) is a subset of the MCE and can be [Transmittal No. 16–12] security infrastructure. either fixed or mobile. It provides 36(b)(1) Arms Sales Notification There will be no adverse impact on identical functionality for mission U.S. defense readiness as a result of this planning and air vehicle command and AGENCY: Department of Defense, Defense proposed sale. control (C2). The launch element Security Cooperation Agency.

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ACTION: Notice. requirements of section 155 of Public Representatives, Transmittal 16–12 with Law 104–164 dated July 21, 1996. attached Policy Justification. SUMMARY: The Department of Defense is FOR FURTHER INFORMATION CONTACT: Dated: February 26, 2016. publishing the unclassified text of a Sarah A. Ragan or Heather N. Harwell, Aaron Siegel, section 36(b)(1) arms sales notification. DSCA/LMO, (703) 604–1546/(703) 607– Alternate OSD Federal Register Liaison This is published to fulfill the 5339. The following is a copy of a letter Officer, Department of Defense. to the Speaker of the House of BILLING CODE 5001–06–P

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Transmittal No. 16–12 aircraft beyond September 2016 (end of aesthetics, infrastructure, lake water Notice of Proposed Issuance of Letter of the existing Contract Logistics Support quality, terrestrial and aquatic fish and Offer Pursuant to Section 36(b)(1) of the (CLS) effort). Iraq will have no difficulty wildlife habitats, federally-listed Arms Export Control Act, as amended absorbing this support. threatened and endangered species, and The proposed sale will contribute to cumulative impacts associated with (i) Prospective Purchaser: Government the foreign policy and national security past, current, and reasonably foreseeable of Iraq goals of the United States by helping to future actions at Beaver Lake. (ii) Total Estimated Value: improve a critical capability of the Iraq Following the public scoping period Major Defense Equipment * $ 0 million Security Forces in defeating ISIL. and after consideration of all comments Other ...... $350 million The proposed sale of this equipment received during scoping, USACE will and support will not alter the basic prepare a Draft EA. The Draft EA will Total ...... $350 million military balance in the region. be made available for public review and (iii) Description and Quantity or The prime contractor will be comment. Based on the EA analysis, Quantities of Articles or Services under Beechcraft Defense Company, Wichita, USACE will either issue a Finding of No Consideration for Purchase: KS. There are no known offset Significant Impact or announce its Non-Major Defense Equipment (MDE): agreements proposed in connection intent to prepare an environmental The Iraq Air Force is requesting a five- with this potential sale. impact statement (EIS). If USACE year sustainment package for its KA– Implementation of this proposed sale determines that an EIS is needed, either 350 fleet that includes contract logistics, will not require the assignment of any during preparation of the EA or after training, and contract engineering additional U.S. Government or completing the EA, USACE will issue in services. Also included in this possible contractor representatives to Iraq. the Federal Register a Notice of Intent sale are operational and intermediate There will be no adverse impact on (NOI) to prepare an EIS. In that case, the depot level maintenance, spare parts, U.S. defense readiness as a result of this current scoping process would serve as component repair, publication updates, proposed sale. the scoping process that normally maintenance training, and logistics. All defense articles and services listed would follow an NOI to prepare an EIS. (iv) Military Department: Air Force in this transmittal have been authorized USACE would not solicit additional (X7–D–QBQ) for release and export to the scoping comments but would consider (v) Prior Related Cases, if any: FMS Government of Iraq. any comments on the scope of the EA received during this scoping process in Case: IQ–D–QAX–$169M–13 September [FR Doc. 2016–04642 Filed 3–2–16; 8:45 am] preparing the EIS. 2011, IQ–D–QBK–$750K–19 November BILLING CODE 5001–06–P 2009 ADDRESSES: Submit written comments (vi) Sales Commission, Fee, etc., Paid, to Mr. Craig Hilburn, Chief of Offered, or Agreed to be Paid: None DEPARTMENT OF DEFENSE Environmental Branch, U.S. Army (vii) Sensitivity of Technology Corps of Engineers, Planning and Contained in the Defense Article or Department of the Army, Corps of Environmental Division, Environmental Defense Services Proposed to be Sold: Engineers Branch, Little Rock District, P.O. Box None 867, Little Rock, AR 72203–0867. (viii) Date Report Delivered to Intent To Prepare a Draft Beaver Lake Comments will be accepted through Congress: 23 February 2016 Master Plan and Shoreline April 5, 2016. * as defined in Section 47(6) of the Management Plan and Environmental FOR FURTHER INFORMATION CONTACT: For Arms Export Control Act. Assessment To Investigate Potential questions or comments regarding the Significant Impacts, Either Positive or Policy Justification Draft Beaver Lake Master Plan and Negative, to Beaver Lake’s Authorized Shoreline Management Plan EA, please Government of Iraq-KA–350 Purposes of Flood Risk Management, contact Mr. Craig Hilburn, (501) 324– Sustainment, Logistics, and Spares Hydropower, Water Supply, 5735 or email: David.C.Hilburn@ Support Recreation, and Fish and Wildlife usace.army.mil. The Government of Iraq is requesting AGENCY: Department of the Army, U.S. SUPPLEMENTARY INFORMATION: a five-year sustainment package for its Army Corps of Engineers, DOD. 1. Beaver Lake: Beaver Lake is a KA–350 fleet that includes; operational ACTION: Notice of intent. multiple purpose water resource and intermediate depot level development project primarily for flood maintenance, spare parts, component SUMMARY: The Draft Environmental risk management, municipal and repair, publication updates, Assessment (EA) is being prepared industrial water supply, and maintenance training, and logistics. pursuant to the National Environmental hydropower generation. Additional There is no Major Defense Equipment Policy Act (NEPA), Council on purposes include water recreation, and associated with this case. The overall Environmental Quality (CEQ) fish and wildlife management, to the total estimated value is $350 million. regulations (40 CFR, 1500–1517), and extent that those additional purposes do The Iraq Air Force (IqAF) operates the U.S. Army Corps of Engineers not adversely affect flood risk five (5) King Air 350 ISR (intelligence, (USACE) implementing regulation, management, power generation, or other surveillance, and reconnaissance) and Policy and Procedures for Implementing authorized purposes of the project one (1) King Air 350 aircraft. The KA– NEPA, Engineer Regulation (ER) 200–2– (Flood Control Act of 1944 as amended 350 aircraft are Iraq’s only ISR- 2 (1988). The study is being conducted in 1946, 1954, 1958, 1962, 1965 and dedicated airborne platforms and are in accordance with the requirements of 1968 and the Water Resources Act of used to support Iraqi military operations 36 CFR 327.30, dated July 27, 1990 and 1992). Beaver Lake is a major against Al-Qaeda affiliates and Islamic ER 1130–2–406, dated October 31, 1990. component of a comprehensive plan for State of Iraq and the Levant (ISIL) The EA will evaluate potential impacts water resource development in the forces. The purchase of a sustainment (beneficial and adverse) to White River Basin of Missouri and package will allow the IqAF to continue socioeconomic conditions, cultural and Arkansas. Additional beneficial uses to operate its fleet of six (6) KA–350 ecological resources, recreation, include increased power output of

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downstream power stations resulting the Scoping process by forwarding FOR FURTHER INFORMATION CONTACT: For from the regulated flow from the Beaver written comments to (see ADDRESSES). specific questions related to collection Lake project. Interested parties may also request to be activities, please contact Kimberly 2. Study Location: The Beaver Lake included on the mailing list for public Smith, 202–453–6469. Civil Works project on the White River distribution of announcements and SUPPLEMENTARY INFORMATION: The is situated in northwest Arkansas documents. Department of Education (ED), in (Benton, Carroll, Madison, and 5. Issues/Alternatives: The EA will accordance with the Paperwork Washington counties). The total area evaluate effects from a range of Reduction Act of 1995 (PRA) (44 U.S.C. contained in the Beaver project, alternatives developed to address 3506(c)(2)(A)), provides the general including both land and water surface, potential environmental concerns of the public and Federal agencies with an consists of 38,138 acres, including 1,432 area. Anticipated issues to be addressed opportunity to comment on proposed, acres in flowage easement. The region is in the EA include impacts on: (1) revised, and continuing collections of characterized by plateaus, ridges, and Hydropower, (2) flooding, (3) recreation, information. This helps the Department valleys featuring oak-hickory forests (4) water supply, (5) fish and wildlife assess the impact of its information with scattered shortleaf pine. When the resources and habitats, and (6), other collection requirements and minimize lake is at the top of the conservation impacts identified by the public, the public’s reporting burden. It also pool, the water area comprises 28,252 agencies or USACE studies. helps the public understand the acres and 473 miles of shoreline within Courtney W. Paul, Department’s information collection fee. The shoreline is irregular with requirements and provide the requested topography ranging from steep bluffs to Colonel, U.S. Army, District Engineer. data in the desired format. ED is gentle slopes. [FR Doc. 2016–04736 Filed 3–2–16; 8:45 am] soliciting comments on the proposed 3. Study History: The Beaver Lake BILLING CODE 3720–58–P Master Plan was originally approved information collection request (ICR) that December 13, 1963. An updated Master is described below. The Department of Education is especially interested in Plan was approved in October 1969. DEPARTMENT OF EDUCATION There have been 23 supplements to this public comment addressing the plan, all of which are incorporated into [Docket No.: ED–2016–ICCD–0025] following issues: (1) Is this collection the current Master Plan, approved in necessary to the proper functions of the Agency Information Collection April 1976. The Beaver Lake Shoreline Department; (2) will this information be Activities; Comment Request; Formula Management Plan was first approved in processed and used in a timely manner; Grant EASIE Electronic Application October 1975 and revised to the (3) is the estimate of burden accurate; System for Indian Education currently approved plan in April 2008. (4) how might the Department enhance the quality, utility, and clarity of the Updates to these plans are necessary AGENCY: Office of Elementary and information to be collected; and (5) how due to several factors, including updates Secondary Education (OESE), might the Department minimize the in Corps policies/regulations, current Department of Education (ED). burden of this collection on the and projected future demands on fixed ACTION: Notice. resources, and increases in respondents, including through the use of information technology. Please note environmental and management issues SUMMARY: In accordance with the that have created sustainability Paperwork Reduction Act of 1995 (44 that written comments received in concerns. U.S.C. chapter 3501 et seq.), ED is response to this notice will be 4. Scoping/Public Involvement. Public proposing an extension of an existing considered public records. meetings will be held at the following information collection. Title of Collection: Formula Grant locations and times: Tuesday, March 15, EASIE Electronic Application System DATES: Interested persons are invited to 2016, 4–7 p.m., Hilton Garden Inn— for Indian Education. submit comments on or before May 2, Fayetteville, 1325 North Palak Drive, OMB Control Number: 1810–0021. 2016. Fayetteville, AR; Wednesday March 16, Type of Review: An extension of an 2016, 4–7 p.m., Best Western Inn of the ADDRESSES: To access and review all the existing information collection. Ozarks Conference Center, 207 W. Van documents related to the information Respondents/Affected Public: Buren, Eureka Springs, AR; Thursday collection listed in this notice, please Individuals or Households. March 17, 2016, 4–7 p.m., Four Points use http://www.regulations.gov by Total Estimated Number of Annual by Sheraton Bentonville, 211 SE Walton searching the Docket ID number ED– Responses: 11,300. Boulevard, Bentonville, AR. 2016–ICCD–0025. Comments submitted Total Estimated Number of Annual The Public Scoping process provides in response to this notice should be Burden Hours: 9,103. information about the study to the submitted electronically through the Abstract: The Indian Education public, serves as a mechanism to solicit Federal eRulemaking Portal at http:// Formula Grant (CFDA 84.060A) requires agency and public input on alternatives www.regulations.gov by selecting the the annual submission of the and issues of concern, and ensures full Docket ID number or via postal mail, application from the local educational and open participation in Scoping and commercial delivery, or hand delivery. agency and/or tribe. The amount of each review of the Draft EA. Comments Please note that comments submitted by applicant’s award is determined by received as a result of this notice, public fax or email and those submitted after formula, based upon the reported meetings, and news releases will be the comment period will not be number of American Indian/Alaska used to assist the preparers in accepted. Written requests for Native students identified in the identifying potential impacts to the information or comments submitted by application, the state per pupil quality of the human or natural postal mail or delivery should be expenditure, and the total appropriation environment. The Corps invites other addressed to the Director of the available. Applicants provide the data Federal agencies, Native American Information Collection Clearance required for funding electronically, and Tribes, State and local agencies and Division, U.S. Department of Education, the Office of Indian Education is able to officials, private organizations, and 400 Maryland Avenue SW., LBJ, Room apply electronic tools to facilitate the interested individuals to participate in 2E–115, Washington, DC 20202–4537. review and analysis leading to grant

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awards. The system has been named accordance with the Paperwork Dated: February 26, 2016. Formula Grant Electronic Application Reduction Act of 1995 (PRA) (44 U.S.C. Kate Mullan, System for Indian Education (EASIE), 3506(c)(2)(A)), provides the general Acting Director, Information Collection and is located in the EDFacts System public and Federal agencies with an Clearance Division, Office of the Chief Privacy (ESS) Web site. opportunity to comment on proposed, Officer, Office of Management. Dated: February 26, 2016. revised, and continuing collections of [FR Doc. 2016–04608 Filed 3–2–16; 8:45 am] Tomakie Washington, information. This helps the Department BILLING CODE 4000–01–P Acting Director, Information Collection assess the impact of its information Clearance Division, Office of the Chief Privacy collection requirements and minimize DEPARTMENT OF EDUCATION Officer, Office of Management. the public’s reporting burden. It also [FR Doc. 2016–04600 Filed 3–2–16; 8:45 am] helps the public understand the [Docket No.: ED–2016–ICCD–0026] BILLING CODE 4000–01–P Department’s information collection requirements and provide the requested Agency Information Collection data in the desired format. ED is Activities; Comment Request; DEPARTMENT OF EDUCATION soliciting comments on the proposed Financial Report for the Endowment Challenge Grant Program and [Docket No.: ED–2015–ICCD–0144] information collection request (ICR) that Institutional Service Endowment is described below. The Department of Activities Agency Information Collection Education is especially interested in Activities; Submission to the Office of public comment addressing the AGENCY: Office of Postsecondary Management and Budget for Review following issues: (1) Is this collection Education (OPE), Department of and Approval; Comment Request; necessary to the proper functions of the Education (ED). Annual Performance Report for Department; (2) will this information be ACTION: Notice. Gaining Early Awareness and processed and used in a timely manner; Readiness for Undergraduate SUMMARY: (3) is the estimate of burden accurate; In accordance with the Programs Paperwork Reduction Act of 1995 (44 (4) how might the Department enhance U.S.C. chapter 3501 et seq.), ED is AGENCY: Office of Postsecondary the quality, utility, and clarity of the proposing a revision of an existing Education (OPE), Department of information to be collected; and (5) how information collection. Education (ED). might the Department minimize the DATES: Interested persons are invited to ACTION: Notice. burden of this collection on the submit comments on or before May 2, respondents, including through the use SUMMARY: In accordance with the 2016. of information technology. Please note Paperwork Reduction Act of 1995 (44 that written comments received in ADDRESSES: To access and review all the U.S.C. chapter 3501 et seq.), ED is response to this notice will be documents related to the information proposing a revision of an existing considered public records. collection listed in this notice, please information collection. use http://www.regulations.gov by DATES: Interested persons are invited to Title of Collection: Annual searching the Docket ID number ED– submit comments on or before April 4, Performance Report for Gaining Early 2016–ICCD–0026. Comments submitted 2016. Awareness and Readiness for in response to this notice should be ADDRESSES: To access and review all the Undergraduate Programs. submitted electronically through the documents related to the information OMB Control Number: 1840–0777. Federal eRulemaking Portal at http:// collection listed in this notice, please Type of Review: A revision of an www.regulations.gov by selecting the use http://www.regulations.gov by existing information collection. Docket ID number or via postal mail, searching the Docket ID number ED– commercial delivery, or hand delivery. 2015–ICCD–0144. Comments submitted Respondents/Affected Public: State, Please note that comments submitted by in response to this notice should be Local, and Tribal Governments; Private fax or email and those submitted after submitted electronically through the Sector. the comment period will not be Federal eRulemaking Portal at http:// Total Estimated Number of Annual accepted. Written requests for www.regulations.gov by selecting the Responses: 127. information or comments submitted by postal mail or delivery should be Docket ID number or via postal mail, Total Estimated Number of Annual commercial delivery, or hand delivery. addressed to the Director of the Burden Hours: 1,270. Please note that comments submitted by Information Collection Clearance fax or email and those submitted after Abstract: The Annual Performance Division, U.S. Department of Education, the comment period will not be Report for Partnership and State Projects 400 Maryland Avenue SW., LBJ, Room accepted. Written requests for for Gaining Early Awareness and 2E–103, Washington, DC 20202–4537. information or comments submitted by Readiness for Undergraduate Programs FOR FURTHER INFORMATION CONTACT: For postal mail or delivery should be (GEAR UP) is a required report that specific questions related to collection addressed to the Director of the grant recipients must submit annually. activities, please contact Christopher Information Collection Clearance The purpose of this information McCormick, 202–502–7580. Division, U.S. Department of Education, collection is for accountability. The data SUPPLEMENTARY INFORMATION: The 400 Maryland Avenue SW., LBJ, Room is used to report on progress in meeting Department of Education (ED), in 2E–103, Washington, DC 20202–4537. the performance objectives of GEAR UP, accordance with the Paperwork FOR FURTHER INFORMATION CONTACT: For program implementation, and student Reduction Act of 1995 (PRA) (44 U.S.C. specific questions related to collection outcomes. The data collected includes 3506(c)(2)(A)), provides the general activities, please contact Nofertary budget data on Federal funds and match public and Federal agencies with an Fofana, 202–453–7952. contributions, demographic data, and opportunity to comment on proposed, SUPPLEMENTARY INFORMATION: The data regarding services provided to revised, and continuing collections of Department of Education (ED), in students. information. This helps the Department

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assess the impact of its information Dated: February 29, 2016. annum (mtpa) of LNG.2 According to collection requirements and minimize Kate Mullan, Jordan Cove, the 6.8 million mtpa of the public’s reporting burden. It also Acting Director, Information Collection LNG equates to 350 Bcf/yr of natural helps the public understand the Clearance Division, Office of the Chief Privacy gas, which may be available for export.3 Department’s information collection Officer, Office of Management. Jordan Cove asserts that the Amendment requirements and provide the requested [FR Doc. 2016–04675 Filed 3–2–16; 8:45 am] to increase the volume of its requested data in the desired format. ED is BILLING CODE 4000–01–P authorization does not alter the findings soliciting comments on the proposed in the conditional export authorization information collection request (ICR) that in DOE/FE Order No. 3413 that the is described below. The Department of DEPARTMENT OF ENERGY proposed exports have not been shown Education is especially interested in to be inconsistent with the public [FE Docket No. 12–32–LNG] public comment addressing the interest. Nor, Jordan Cove submits, will the increase in authorized export following issues: (1) Is this collection Jordan Cove Energy Project, L.P.; volumes entail environmental necessary to the proper functions of the Amendment of Application for Long- consequences.4 Department; (2) will this information be Term, Authorization To Export Additional details can be found in processed and used in a timely manner; Liquefied Natural Gas to Non-Free Jordan Cove’s Amendment, posted on (3) is the estimate of burden accurate; Trade Agreement Nations the DOE/FE Web site at: http:// (4) how might the Department enhance AGENCY: Office of Fossil Energy, DOE. www.fossil.energy.gov/programs/ the quality, utility, and clarity of the gasregulation/authorizations/2012_ ACTION: information to be collected; and (5) how Notice of amendment. applications/2015-10-05_JCEP_ might the Department minimize the _ _ __ SUMMARY: The Office of Fossil Energy Amendment of NFTA Appli.pdf. burden of this collection on the (FE) of the Department of Energy (DOE) Because the Amendment represents a respondents, including through the use gives notice of receipt of an amendment substantive and material change in the of information technology. Please note (Amendment), filed on October 5, 2015, Application, DOE has determined to that written comments received in by Jordan Cove Energy Project, L.P. publish this notice in the Federal response to this notice will be (Jordan Cove) of its pending Application Register, thereby providing the pubic considered public records. in this proceeding. The Application, with an opportunity to intervene, Title of Collection: Financial Report filed on March 23, 2012, seeks authority comment, and/or protest the Amendment. The Applicant separately for the Endowment Challenge Grant to export domestically produced has served the Amendment on each of Program & Institutional Service liquefied natural gas (LNG) in a volume the parties that have previously Endowment Activities. equivalent to 292 Bcf/yr (0.8 Bcf/day) from a proposed terminal to be located intervened in this proceeding. OMB Control Number: 1840–0564. on Coos Bay in the State of Oregon to Protests, motions to intervene, notices Type of Review: A revision of an nations with which the United States of intervention, and written comments existing information collection. does not have a Free Trade Agreement addressing the Amendment are invited. Respondents/Affected Public: Private (FTA) requiring national treatment for DATES: Protests, motions to intervene or Sector. trade in natural gas (non-FTA nations). notices of intervention, as applicable, DOE published a ‘‘Notice of requests for additional procedures, and Total Estimated Number of Annual Application’’ in the Federal Register on written comments are to be filed using Responses: 2,500. June 6, 2012. 77 Fed.Reg. 33446. DOE/ procedures detailed in the Public Total Estimated Number of Annual FE received five motions to intervene in Comment Procedures section no later Burden Hours: 3,125. the proceeding and numerous than 4:30 p.m., Eastern time, March 23, 2016. Abstract: This financial reporting comments for and against the proposed form will be utilized for Title III Part A, export authorization. ADDRESSES: Title III Part B and Title V Program The Amendment seeks to increase the Electronic Filing by email: fergas@ Endowment Activities and Title III Part volume of LNG for which Jordan Cove hq.doe.gov. Regular Mail: U.S. Department of C Endowment Challenge Grant Program. requests export authorization from the equivalent of 292 Bcf/yr to the Energy (FE–34), Office of Regulation The purpose of this Annual Financial equivalent of 350 Bcf/yr of natural gas and International Engagement, Office of Report is to have the grantees report (0.96 Bcf/day). On March 24, 2014, the Fossil Energy, P.O. Box 44375, annually the kind of investments that Department of Energy issued DOE/FE Washington, DC 20026–4375. have been made, the income earned and Order No. 3413, conditionally granting Hand Delivery or Private Delivery spent, and whether any part of the Jordan Cove’s Application.1 DOE/FE has Services (e.g., FedEx, UPS, etc.): U.S. Endowment Fund Corpus has been not yet issued a final order on the Department of Energy (FE–34), Office of spent. This information allows us to pending Application. Regulation and International give technical assistance and determine In its Amendment, Jordan Cove states Engagement, Office of Fossil Energy, whether the grantee has complied with that it is increasing its requested volume Forrestal Building, Room 3E–042, 1000 the statutory and regulatory investment by 58 Bcf/yr in order to reflect the Independence Avenue SW., requirements. This collection is being maximum production capacity of the Washington, DC 20585. submitted as a revision because several Facility of 6.8 million metric tons per FOR FURTHER INFORMATION CONTACT: small items have been added to the Larine Moore or Benjamin Nussdorf, reporting form. These new items are 1 Jordan Cove Energy Project, L.P., DOE/FE Order U.S. Department of Energy (FE–34), intended to clarify questions already No. 3413, FE Docket No. 12–32–LNG, Order Office of Regulation and International included in previous versions of this Conditionally Granting Long-Term Multi-Contract Authorization To Export Liquefied Natural Gas By form and are not expected to add any Vessel From the Jordan Cove LNG Terminal in Coos 2 Amendment at 3. significant burden for respondents. Bay, Oregon to Non-Free Trade Agreement Nations 3 Amendment at 5. (Mar. 24, 2014). 4 Amendment at 8.

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Engagement, Office of Fossil Energy, Additionally, DOE will consider the filing to [email protected], with FE Forrestal Building, Room 3E–042, following environmental documents: Docket No. 12–32–LNG in the title line; 1000 Independence Avenue SW., • Addendum to Environmental (2) mailing an original and three paper Washington, DC 20585, (202) 586– Review Documents Concerning Exports copies of the filing to the Office of 9478; (202) 586–7991. of Natural Gas From the United States, Regulation and International Cassandra Bernstein, U.S. Department of 79 FR 48132 (Aug. 15, 2014); 7 and Engagement at the address listed in • Energy (GC–76), Office of the Life Cycle Greenhouse Gas ADDRESSES; or (3) hand delivering an Assistant General Counsel for Perspective on Exporting Liquefied original and three paper copies of the Electricity and Fossil Energy, Natural Gas From the United States, 79 filing to the Office of Regulation and Forrestal Building, 1000 FR 32260 (June 4, 2014).8 International Engagement at the address Independence Avenue SW., Parties that may oppose the listed in ADDRESSES. All filings must Washington, DC 20585, (202) 586– Amendment to the Application should include a reference to FE Docket No. 9793. address the basis for their opposition to 12–32–LNG. PLEASE NOTE: If the Amendment, as well as other issues SUPPLEMENTARY INFORMATION: submitting a filing via email, please deemed relevant to the Amendment, in include all related documents and DOE/FE Evaluation their comments and/or protests. attachments (e.g., exhibits) in the The National Environmental Policy The Amendment will be reviewed in original email correspondence. Please Act (NEPA), 42 U.S.C. 4321 et seq., conjunction with our review of the do not include any active hyperlinks or requires DOE to give appropriate underlying Application pursuant to password protection in any of the consideration to the environmental section 3(a) of the NGA, 15 U.S.C. documents or attachments related to the effects of its proposed decisions. No 717b(a), and DOE will consider any filing. All electronic filings submitted to final decision will be issued in this issues required by law or policy. To the DOE must follow these guidelines to proceeding until DOE has met its extent determined to be relevant, these ensure that all documents are filed in a environmental responsibilities. issues will include the domestic need timely manner. Any hardcopy filing for the natural gas proposed to be Public Comment Procedures submitted greater in length than 50 exported, the adequacy of domestic In response to this Notice, any person pages must also include, at the time of natural gas supply, U.S. energy security, may file a protest, comments, or a the filing, a digital copy on disk of the and the cumulative impact of the motion to intervene or notice of entire submission. requested authorization and any other intervention, as applicable. Interested A decisional record on the LNG export application(s) previously persons will be provided 20 days from Amendment will be developed through approved on domestic natural gas the date of publication of this Notice in responses to this notice by parties, supply and demand fundamentals. DOE which to submit comments, protests, including the parties’ written comments may also consider other factors bearing motions to intervene, or notices of and replies thereto. Additional on the public interest, including the intervention. Comments and protests procedures will be used as necessary to impact of the proposed exports on the should address the implications of the achieve a complete understanding of the U.S. economy (including GDP, Amendment. Because the public facts and issues. If an additional consumers, and industry), job creation, previously was given an opportunity to procedure is scheduled, notice will be the U.S. balance of trade, and intervene in, protest, and comment on provided to all parties. If no party international considerations; and the Application, DOE/FE may disregard requests additional procedures, a final whether the Amendment is consistent comments or protests on the Opinion and Order may be issued based with DOE’s policy of promoting Application that do not bear directly on on the official record, including the competition in the marketplace by the Amendment. Amendment and responses filed by allowing commercial parties to freely Any person wishing to become a party parties pursuant to this notice, in negotiate their own trade arrangements. to the proceeding must file a motion to accordance with 10 CFR 590.316. As part of this analysis, DOE will intervene or notice of intervention. The The Amendment is available for consider the following two studies filing of comments or a protest with examining the cumulative impacts of respect to the Application will not serve inspection and copying in the Division LNG: to make the commenter or protestant a of Natural Gas Regulation docket room, • Effect of Increased Levels of party to the proceeding, although Room 3E–042, 1000 Independence Liquefied Natural Gas on U.S. Energy protests and comments received from Avenue SW., Washington, DC 20585. Markets, conducted by the U.S. Energy persons who are not parties will be The docket room is open between the Information Administration upon DOE’s considered in determining the hours of 8:00 a.m. and 4:30 p.m., 5 request (2014 EIA LNG Export Study); appropriate action to be taken on the Monday through Friday, except Federal and Application. All protests, comments, holidays. The Amendment and any filed • The Macroeconomic Impact of motions to intervene, or notices of protests, motions to intervene or notice Increasing U.S. LNG Exports, conducted intervention must meet the of interventions, and comments will jointly by the Center for Energy Studies requirements specified by the also be available electronically by going at Rice University’s Baker Institute for regulations in 10 CFR part 590. to the following DOE/FE Web address: Public Policy and Oxford Economics, on Filings may be submitted using one of http://www.fe.doe.gov/programs/ behalf of DOE (2015 LNG Export the following methods: (1) Emailing the gasregulation/index.html. 6 Study). Issued in Washington, DC, on February 26, 7 The Addendum and related documents are 2016. 5 The 2014 EIA LNG Export Study, published on available at: http://energy.gov/fe/draft-addendum- Oct. 29, 2014, is available at: https://www.eia.gov/ environmental-review-documents-concerning- Amy R. Sweeney, analysis/requests/fe/. exports-natural-gas-united-states. Director, Division of Natural Gas Regulation, 6 The 2015 LNG Export Study, dated Oct. 29, 8 The Life Cycle Greenhouse Gas Report is Office of Oil and Natural Gas. 2015, is available at: http://energy.gov/sites/prod/ available at: http://energy.gov/fe/life-cycle- [FR Doc. 2016–04733 Filed 3–2–16; 8:45 am] files/2015/12/f27/20151113_macro_impact_of_lng_ greenhouse-gas-perspective-exporting-liquefied- exports_0.pdf. natural-gas-united-states. BILLING CODE 6450–01–P

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DEPARTMENT OF ENERGY Washington, DC 20585, assess the relative value, as a financial [email protected]. asset, of a company’s reserves, U.S. Energy Information FOR FURTHER INFORMATION CONTACT: especially in comparison to other Administration Requests for additional information similar oil and gas companies. should be directed to Mr. Grape, as The Government also uses the Proposed Agency Information listed above. The information collection resulting information to develop Collection instrument and instructions are national and regional estimates of AGENCY: U.S. Energy Information available on the EIA Web site at: proved reserves of domestic crude oil Administration (EIA), Department of Form EIA–23L, http://www.eia.gov/ and natural gas to facilitate national Energy. survey/#eia-23l energy policy decisions. These estimates Form EIA–23S, http://www.eia.gov/ are essential to the development, ACTION: Notice and request for OMB implementation, and evaluation of review and comment. survey/#eia-23s Form EIA–64A, http://www.eia.gov/ energy policy and legislation. Data are used directly in EIA Web reports SUMMARY: EIA has submitted an survey/#eia-64a. information collection request to the SUPPLEMENTARY INFORMATION: This concerning U.S. crude oil and natural Office of Management and Budget information collection request contains: gas reserves, and are incorporated into (OMB) for extension of the following Oil (1) OMB No. 1905–0057. a number of other Web reports and and Gas Reserves System Survey Forms (2) Information Collection Request analyses. pursuant to the Paperwork Reduction Title: Oil and Gas Reserves System. EIA proposes to make the following Act of 1995: Form EIA–23L, ‘‘Annual (3) Type of Request: Revision of the changes to Form EIA–23L, ‘‘Annual Survey of Domestic Oil and Gas currently approved Form EIA–23L; Survey of Domestic Oil and Gas extension without changes of Form Reserves’’: Reserves (Field Version)’’; Form EIA– • 64A, ‘‘Annual Report of the Origin of EIA–64A; and continued suspension of Change the title of Form EIA–23L to Natural Gas Liquids Production’’; and collection of the currently approved ‘‘Annual Report of Domestic Oil and Form EIA–23S. Gas Reserves (County Level)’’; Form EIA–23S, ‘‘Annual Survey of • Domestic Oil and Gas Reserves, (4) Purpose: In response to Public Law Collect additional parent company (Summary Version)’’ Form EIA–23L is 95–91 Section 657, estimates of U.S. oil and subsidiary company (if applicable) and gas reserves are to be reported information on the cover page; the only form that EIA proposes to • change. There are no proposed changes annually. Many U.S. government Change the title of Schedule A to to Forms EIA–64A and EIA–23S. agencies have an interest in proved oil ‘‘Operated Proved Reserves, Production, and gas reserves and the quality, and Related Data by County’’; The proposed collection will be used • to prepare electronic annual reports of reliability, and usefulness of reserves Operators will be instructed to file U.S. proved reserves data that fulfill estimates. Among these are the U.S. their proved reserves by county rather EIA’s congressional mandate to provide Energy Information Administration than by field. Line Item 2.0 will be (EIA), Department of Energy; Bureau of named ‘‘County Data (operated basis);’’ accurate annual estimates of U.S. • proved crude oil and natural gas Ocean Energy Management (BOEM), Line Item 2.1.4 ‘‘Field Code’’, will Department of Interior; Internal Revenue be changed to ‘‘County Name;’’ reserves. The U.S. Government also uses • the resulting information in EIA’s Service (IRS), Department of the Line Item 2.1.5 ‘‘MMS Code’’ will Treasury; and the Securities and be changed to ‘‘Type Code;’’ reports to develop national and regional • estimates of proved reserves of domestic Exchange Commission (SEC). Each of Line Item 2.1.6. ‘‘Field Name’’ will crude oil and natural gas to facilitate these organizations has specific be changed to ‘‘Field, Play, or Prospect national energy policy decisions. purposes for collecting, using, or Name (Optional)’’; estimating proved reserves. EIA has a • Line Items 2.1.9 ‘‘water depth’’ and DATES: Comments regarding this congressional mandate to provide 2.1.10 ‘‘field discovery year’’ will be collection must be received on or before accurate annual estimates of U.S. replaced with 2.1.9 ‘‘# of producing April 4, 2016. If you anticipate that you proved crude oil, natural gas, and wells on December 31, [survey year]’’, will be submitting comments, but find natural gas liquids reserves, and EIA 2.1.10 ‘‘# of wells completed or it difficult to do so within the period of presents annual reserves data in EIA purchased [in survey year]’’; time allowed by this notice, please reports to meet this requirement. The • Line Item 2.1.11, ‘‘Prospect Name advise the DOE Desk Officer at OMB of BOEM maintains estimates of proved (optional) will be replaced with ‘‘# of your intention to make a submission as reserves to carry out their wells abandoned or sold [in survey soon as possible. The Desk Officer may responsibilities in leasing, collecting year]’’; and be telephoned at 202–395–4718 or • _ _ royalty payments, and regulating the Line Item 2.1.12–15, Column (F) contacted by email at Chad S activities of oil and gas companies on ‘‘Extensions’’, Column (G) ‘‘New Field [email protected]. Federal lands and water. Accurate Discoveries’’, and Column (H) ‘‘New ADDRESSES: Written comments should reserve estimates are important, as the Reservoir Discoveries in Old Fields’’ be sent to the BOEM is second only to the IRS in will be replaced with Column (F) DOE Desk Officer, Office of Information generating Federal revenue. For the IRS, ‘‘Extensions and Discoveries’’. and Regulatory Affairs, Office of proved reserves and occasionally Comments and Feedback are Management and Budget, New probable reserves are an essential requested on these proposed changes to Executive Office Building, Room component of calculating taxes for Form EIA–23L. Secondary reports that 10102, 735 17th Street NW., companies owning or producing oil and use the data include EIA’s Annual Washington, DC 20503, Chad_S_ gas. The SEC requires publicly traded Energy Review, Annual Energy Outlook, [email protected]. petroleum companies to annually file a Petroleum Supply Annual, and Natural And to Steven G. Grape, U.S. Energy reserves statement as part of their 10–K Gas Annual; Information Administration, Mail filing. The basic purpose of the 10–K (5) Annual Estimated Number of Stop EI–24, Forrestal Building, 1000 filing is to provide public investors with Respondents: Forms EIA–23L/23S/64A: Independence Avenue SW., a clear and reliable financial basis to 1,250.

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(6) Annual Estimated Number of Accession Number: 20130617–5088. DEPARTMENT OF ENERGY Total Responses: Forms EIA–23L/23S/ Comments Due: 5 p.m. ET 3/16/16. 64A: 1,250. Docket Numbers: RP16–627–000. Federal Energy Regulatory (7) Annual Estimated Number of Applicants: Algonquin Gas Commission Burden Hours: 32,850. Transmission, LLC. Combined Notice of Filings Form EIA–23L Annual Report of Description: § 4(d) Rate Filing: Domestic Oil and Gas Reserves Negotiated Rates—BBPC d/b/a Great Take notice that the Commission has (County Level): 36 hours per operator Eastern contract 791252 to be effective received the following Natural Gas (320 intermediate-size operators); 97 3/1/2016. Pipeline Rate and Refund Report filings: hours per operator (160 large Filed Date: 2/24/16. operators); 13 hours per operator (170 Accession Number: 20160224–5035. Filings Instituting Proceedings small operators): 29,250 hours Comments Due: 5 p.m. ET 3/7/16. Docket Numbers: PR16–12–001. Form EIA–23S Annual Survey of Docket Numbers: RP16–628–000. Applicants: Columbia Gas of Domestic Oil and Gas Reserves Applicants: LA Storage, LLC. Maryland, Inc. (Summary Version) Report: 4 hours Description: § 4(d) Rate Filing: LA Description: Tariff filing per (small operators): 0 hours (Currently Storage 2016 Annual Adjustment of 284.123(b)(1): PR16–12 CMD Amended suspended) Fuel Retainage Percentage Filing to be SOC to be effective 1/1/2015; Filing Form EIA–64A ‘‘Annual Report of the effective 3/1/2016. Type: 1000. Origin of Natural Gas Liquids Filed Date: 2/24/16. Filed Date: 2/22/16. Production’’: 6 hours per operator Accession Number: 20160224–5062. Accession Number: 201602225223. (600 natural gas plant operators): Comments Due: 5 p.m. ET 3/7/16. Comments/Protests Due: 5 p.m. ET 3,600 hours Docket Numbers: RP16–629–000. 3/14/16. (8) Annual Estimated Reporting and Applicants: Texas Eastern Docket Numbers: PR16–13–001. Recordkeeping Cost Burden: Forms Transmission, LP. Applicants: Columbia Gas of Ohio, EIA–23L/23S/64A: EIA estimates that Description: § 4(d) Rate Filing: Inc. there are no capital and start-up costs Negotiated Rate Eff 4–1–2016 for J Aron Description: Tariff filing per associated with this data collection. The contract 8940246 to be effective 4/1/ 284.123(b)(1): COH Amended SOC information is maintained in the normal 2016. PR16–13 to be effective 4/30/2015; course of business. The cost of burden Filed Date: 2/25/16. Filing Type: 1000. hours to the respondents is estimated to Accession Number: 20160225–5048. Filed Date: 2/22/16. be $2,365,857 (32,850 burden hours Comments Due: 5 p.m. ET 3/8/16. Accession Number: 201602225181. times $72.02 per hour). Therefore, other Docket Numbers: RP16–630–000. Comments/Protests Due: 5 p.m. ET than the cost of burden hours, EIA Applicants: Transcontinental Gas 3/14/16. estimates that there are no additional Pipe Line Company. Docket Numbers: PR16–26–000. costs for generating, maintaining and Description: § 4(d) Rate Filing: Applicants: Enable Oklahoma providing the information. Transco Annual Fuel Tracker to be Intrastate Transmission, LLC. Statutory Authority: Section 13(b) of the effective 4/1/2016. Description: Tariff filing per Federal Energy Administration Act of 1974, Filed Date: 2/25/16. 284.123(b)(2) +(g): EOIT Petition for Pub. L. 93–275, codified at 15 U.S.C. 772(b). Accession Number: 20160225–5049. Section 311 Rate Approval to be Issued in Washington, DC, February 26, Comments Due: 5 p.m. ET 3/8/16. effective 4/1/2016; Filing Type: 1310. 2016. The filings are accessible in the Filed Date: 2/19/16. Nanda Srinivasan, Commission’s eLibrary system by Accession Number: 201602195134. Director, Office of Survey Development and clicking on the links or querying the Comments Due: 5 p.m. ET 3/11/16. Statistical Integration, U.S. Energy docket number. 284.123(g) Protests Due: 5 p.m. ET Information Administration. Any person desiring to intervene or 4/19/16. [FR Doc. 2016–04759 Filed 3–2–16; 8:45 am] protest in any of the above proceedings Docket Numbers: RP16–622–000. BILLING CODE 6450–01–P must file in accordance with Rules 211 Applicants: Natural Gas Pipeline and 214 of the Commission’s Company of America. Regulations (18 CFR 385.211 and Description: § 4(d) Rate Filing: BG DEPARTMENT OF ENERGY 385.214) on or before 5:00 p.m. Eastern Energy Negotiated Rate to be effective time on the specified comment date. 4/1/2016. Federal Energy Regulatory Protests may be considered, but Filed Date: 2/23/16. Commission intervention is necessary to become a Accession Number: 20160223–5062. party to the proceeding. Comments Due: 5 p.m. ET 3/7/16. Combined Notice of Filings eFiling is encouraged. More detailed Docket Numbers: RP16–623–000. information relating to filing Take notice that the Commission has Applicants: Natural Gas Pipeline requirements, interventions, protests, received the following Natural Gas Company of America. service, and qualifying facilities filings Pipeline Rate and Refund Report filings: Description: § 4(d) Rate Filing: Nicor can be found at: http://www.ferc.gov/ Negotiated Rate to be effective 4/1/2016. Filings Instituting Proceedings docs-filing/efiling/filing-req.pdf. For Filed Date: 2/23/16. Docket Numbers: CP09–12–001. other information, call (866) 208–3676 Accession Number: 20160223–5078. Applicants: Narragansett Electric (toll free). For TTY, call (202) 502–8659. Company. Comments Due: 5 p.m. ET 3/7/16. Dated: February 25, 2016. Description: Compliance filing of Docket Numbers: RP16–624–000. Information Supporting Maximum Nathaniel J. Davis, Sr., Applicants: MoGas Pipeline LLC. Blanket Certificate Rate of the Deputy Secretary. Description: § 4(d) Rate Filing: MoGas Narragansett Electric Company. [FR Doc. 2016–04662 Filed 3–2–16; 8:45 am] Negotiated Rate Agreement Waynesville Filed Date: 6/17/13. BILLING CODE 6717–01–P Filing to be effective 3/1/2016.

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Filed Date: 2/23/16. clicking on the links or querying the are considered as part of this Accession Number: 20160223–5087. docket number. proceeding. Comments Due: 5 p.m. ET 3/7/16. eFiling is encouraged. More detailed This notice is being sent to the Docket Numbers: RP16–625–000. information relating to filing Commission’s current environmental Applicants: Northern Natural Gas requirements, interventions, protests, mailing list for this project. State and Company. service, and qualifying facilities filings local government representatives should Description: § 4(d) Rate Filing: can be found at: http://www.ferc.gov/ notify their constituents of this 20160222 Housekeeping Filing to be docs-filing/efiling/filing-req.pdf. For proposed project and encourage them to effective 4/1/2016. other information, call (866) 208–3676 comment on their areas of concern. Filed Date: 2/23/16. (toll free). For TTY, call (202) 502–8659. If you are a landowner receiving this Accession Number: 20160223–5149. Dated: February 24, 2016. notice, a pipeline company Comments Due: 5 p.m. ET 3/7/16. Nathaniel J. Davis, Sr., representative may contact you about Docket Numbers: RP16–626–000. the acquisition of an easement to Deputy Secretary. Applicants: Southern Star Central Gas construct, operate, and maintain the Pipeline, Inc. [FR Doc. 2016–04652 Filed 3–2–16; 8:45 am] proposed facilities. The company would Description: § 4(d) Rate Filing: Fuel BILLING CODE 6717–01–P seek to negotiate a mutually acceptable Filing—Eff. April 1, 2016 to be effective agreement. However, if the Commission 4/1/2016. approves the project, that approval DEPARTMENT OF ENERGY Filed Date: 2/24/16. conveys with it the right of eminent Accession Number: 20160224–5026. Federal Energy Regulatory domain. Therefore, if easement Comments Due: 5 p.m. ET 3/7/16. Commission negotiations fail to produce an Any person desiring to intervene or agreement, the pipeline company could protest in any of the above proceedings initiate condemnation proceedings [Docket No. CP16–64–000] must file in accordance with Rules 211 where compensation would be and 214 of the Commission’s ANR Pipeline Company; Notice of determined in accordance with state Regulations (18 CFR 385.211 and Intent To Prepare an Environmental law. § 385.214) on or before 5:00 p.m. Eastern Assessment for the Proposed ANR provided landowners with a fact time on the specified date(s). Protests Collierville Expansion Project and sheet prepared by the FERC entitled may be considered, but intervention is Request for Comments on ‘‘An Interstate Natural Gas Facility on necessary to become a party to the Environmental Issues My Land? What Do I Need To Know?’’ proceeding. This fact sheet addresses a number of The staff of the Federal Energy typically asked questions, including the Filings in Existing Proceedings Regulatory Commission (FERC or use of eminent domain and how to Docket Numbers: RP16–597–001. Commission) will prepare an participate in the Commission’s Applicants: Tallgrass Interstate Gas environmental assessment (EA) that will proceedings. It is also available for Transmission, L. discuss the environmental impacts of viewing on the FERC Web site Description: Compliance filing the Collierville Expansion Project (www.ferc.gov). Compliance to 587–W Amendment to be involving construction and operation of effective 4/1/2016. facilities by ANR Pipeline Company Public Participation Filed Date: 2/23/16. (ANR) in Shelby County, Tennessee. For your convenience, there are three Accession Number: 20160223–5105. The Commission will use this EA in its methods you can use to submit your Comments Due: 5 p.m. ET 3/7/16. decision-making process to determine comments to the Commission. The Docket Numbers: RP16–598–001. whether the project is in the public Commission encourages electronic filing Applicants: Rockies Express Pipeline convenience and necessity. of comments and has expert staff LLC. This notice announces the opening of available to assist you at (202) 502–8258 Description: Compliance filing the scoping process the Commission or [email protected]. Please carefully Compliance with Order No. 587–W will use to gather input from the public follow these instructions so that your Amendment to be effective 4/1/2016. and interested agencies on the project. comments are properly recorded. Filed Date: 2/23/16. You can make a difference by providing (1) You can file your comments Accession Number: 20160223–5104. us with your specific comments or electronically using the eComment Comments Due: 5 p.m. ET 3/7/16. concerns about the project. Your feature on the Commission’s Web site Docket Numbers: RP16–599–001. comments should focus on the potential (www.ferc.gov) under the link to Applicants: Trailblazer Pipeline environmental effects, reasonable Documents and Filings. This is an easy Company LLC. alternatives, and measures to avoid or method for submitting brief, text-only Description: Compliance filing Order lessen environmental impacts. Your comments on a project; 587–W Amendment to be effective input will help the Commission staff (2) You can file your comments 4/1/2016. determine what issues they need to electronically by using the eFiling Filed Date: 2/23/16. evaluate in the EA. To ensure that your feature on the Commission’s Web site Accession Number: 20160223–5109. comments are timely and properly (www.ferc.gov) under the link to Comments Due: 5 p.m. ET 3/7/16. recorded, please send your comments so Documents and Filings. With eFiling, Any person desiring to protest in any that the Commission receives them in you can provide comments in a variety of the above proceedings must file in Washington, DC on or before March 28, of formats by attaching them as a file accordance with Rule 211 of the 2016. with your submission. New eFiling Commission’s Regulations (18 CFR If you sent comments on this project users must first create an account by 385.211) on or before 5:00 p.m. Eastern to the Commission before the opening of clicking on ‘‘eRegister.’’ If you are filing time on the specified comment date. this docket on January 20, 2016, you a comment on a particular project, The filings are accessible in the will need to file those comments in please select ‘‘Comment on a Filing’’ as Commission’s eLibrary system by Docket No. CP16–64–000 to ensure they the filing type; or

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(3) You can file a paper copy of your whenever it considers the issuance of a Consultations Under Section 106 of the comments by mailing them to the Certificate of Public Convenience and National Historic Preservation Act 2 following address. Be sure to reference Necessity. NEPA also requires us to In accordance with the Advisory the project Docket No. (CP16–64–000) discover and address concerns the Council on Historic Preservation’s with your submission: Kimberly D. public may have about proposals. This implementing regulations for section Bose, Secretary, Federal Energy process is referred to as ‘‘scoping.’’ The 106 of the National Historic Regulatory Commission, 888 First Street main goal of the scoping process is to Preservation Act, we are using this NE., Room 1A, Washington, DC 20426. focus the analysis in the EA on the notice to initiate consultation with the Summary of the Proposed Project important environmental issues. By this Tennessee State Historic Preservation notice, the Commission requests public Office (SHPO), and to solicit their views ANR proposes to construct and comments on the scope of the issues to modify aboveground facilities in Shelby and those of other government agencies, address in the EA. We will consider all interested Indian tribes, and the public County, Tennessee; specifically: filed comments during the preparation • A new 4,700 horsepower on the project’s potential effects on of the EA. historic properties.4 We will define the compressor station; and In the EA we will discuss impacts that • modifications at the existing project-specific Area of Potential Effects could occur as a result of the Collierville Meter Station, including a (APE) in consultation with the SHPO as construction and operation of the new 12-inch ultrasonic meter run and the project develops. On natural gas proposed project under these general other piping and appurtenant facility projects, the APE at a minimum headings: modifications. encompasses all areas subject to ground • Geology and soils; The Collierville Expansion Project • disturbance (examples include land use; construction right-of-way, contractor/ would expand the delivery capability of • the existing Collierville Meter Station by water resources, fisheries, and pipe storage yards, compressor stations, an additional 200,000 dekatherms per wetlands; and access roads). Our EA for this • day of natural gas. According to ANR, cultural resources; project will document our findings on • its project would serve the Tennessee vegetation and wildlife; the impacts on historic properties and • Valley Authority’s 1,070 megawatt air quality and noise; summarize the status of consultations • Allen Combined Cycle Power Plan endangered and threatened species; under section 106. Project in Memphis, Tennessee. • public safety; and The general location of the project • cumulative impacts. Environmental Mailing List facilities is shown in appendix 1.1 We will also evaluate reasonable The environmental mailing list alternatives to the proposed project or Land Requirements for Construction includes federal, state, and local portions of the project, and make government representatives and Construction of the proposed facilities recommendations on how to lessen or agencies; elected officials; would disturb about 19.7 acres of land avoid impacts on the various resource environmental and public interest for the compressor station piping and areas. groups; Native American tribes; other aboveground facilities, 1.4 acres of The EA will present our independent interested parties; and local libraries which are associated with existing analysis of the issues. The EA will be and newspapers. This list also includes permanent ANR easements and rights- available in the public record through all affected landowners (as defined in of-way. Following construction, ANR eLibrary. Depending on the comments the Commission’s regulations) who are would maintain about 7.5 acres for received during the scoping process, we potential right-of-way grantors, whose permanent operation of the project’s may also publish and distribute the EA property may be used temporarily for facilities, 1.4 acres of which are to the public for an allotted comment project purposes, or who own homes associated with existing permanent period. We will consider all comments within certain distances of aboveground ANR easements and rights-of-way. The on the EA before making our facilities, and anyone who submits remaining acreage would be restored recommendations to the Commission. comments on the project. We will and revert to former uses. The location To ensure we have the opportunity to update the environmental mailing list as of the proposed compressor station was consider and address your comments, the analysis proceeds to ensure that we chosen in coordination with the please carefully follow the instructions send the information related to this property owner and based on its relative in the Public Participation section, environmental review to all individuals, proximity to ANR’s existing 501 beginning on page 2. organizations, and government entities mainline. Modifications to the With this notice, we are asking interested in and/or potentially affected Collierville Meter Station would be agencies with jurisdiction by law and/ by the proposed project. within existing facility boundaries or or special expertise with respect to the Copies of the EA will be sent to the existing permanent easement. environmental issues of this project to environmental mailing list for public The EA Process formally cooperate with us in the review and comment. If you would preparation of the EA.3 Agencies that prefer to receive a paper copy of the The National Environmental Policy would like to request cooperating document instead of the CD version or Act (NEPA) requires the Commission to agency status should follow the would like to remove your name from take into account the environmental instructions for filing comments the mailing list, please return the impacts that could result from an action provided under the Public Participation attached Information Request (appendix section of this notice. 2). 1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the 4 The Advisory Council on Historic Preservation’s notice in the mail and are available at www.ferc.gov environmental staff of the Commission’s Office of regulations are at Title 36, Code of Federal using the link called ‘‘eLibrary’’ or from the Energy Projects. Regulations, Part 800. Those regulations define Commission’s Public Reference Room, 888 First 3 The Council on Environmental Quality historic properties as any prehistoric or historic Street NE., Washington, DC 20426, or call (202) regulations addressing cooperating agency district, site, building, structure, or object included 502–8371. For instructions on connecting to responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register eLibrary, refer to page 6 of this notice. Regulations, Part 1501.6. of Historic Places.

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Becoming an Intervenor DEPARTMENT OF ENERGY Queue No. W3–079 to be effective 10/27/2014. In addition to involvement in the EA Federal Energy Regulatory Filed Date: 2/26/16. scoping process, you may want to Commission Accession Number: 20160226–5049. become an ‘‘intervenor’’ which is an Comments Due: 5 p.m. ET 3/18/16. official party to the Commission’s Combined Notice of Filings #1 Docket Numbers: ER16–1010–000. proceeding. Intervenors play a more Take notice that the Commission Applicants: Southwest Power Pool, formal role in the process and are able received the following electric corporate Inc. to file briefs, appear at hearings, and be filings: Description: § 205(d) Rate Filing: 2181 heard by the courts if they choose to Docket Numbers: EC16–81–000. MKEC to Prairie Wind Transmission appeal the Commission’s final ruling. Applicants: Enterprise Solar, LLC, Novation Cancellation to be effective An intervenor formally participates in Escalante Solar I, LLC, Escalante Solar 2/16/2016. Filed Date: 2/26/16. the proceeding by filing a request to II, LLC, Escalante Solar III, LLC, Granite Accession Number: 20160226–5082. intervene. Instructions for becoming an Mountain Solar East, LLC, Granite Comments Due: 5 p.m. ET 3/18/16. intervenor are in the User’s Guide under Mountain Solar West, LLC, Iron Springs the ‘‘e-filing’’ link on the Commission’s Solar, LLC. Docket Numbers: ER16–1011–000. Web site. Description: Application for Applicants: Southwest Power Pool, Inc. Additional Information Authorization Under Section 203 of the Federal Power Act and Request for Description: § 205(d) Rate Filing: 2182 Westar and MKEC to Prairie Wind Additional information about the Waivers, Expedited Action, and Transmission Novation Cancellation to project is available from the Shortened Comment Period of Enterprise Solar, LLC, et. al. be effective 2/16/2016. Commission’s Office of External Affairs, Filed Date: 2/26/16. at (866) 208–FERC, or on the FERC Web Filed Date: 2/25/16. Accession Number: 20160225–5199. Accession Number: 20160226–5084. site at www.ferc.gov using the Comments Due: 5 p.m. ET 3/18/16. ‘‘eLibrary’’ link. Click on the eLibrary Comments Due: 5 p.m. ET 3/17/16. Take notice that the Commission Docket Numbers: ER16–1012–000. link, click on ‘‘General Search’’ and Applicants: Southern California enter the docket number, excluding the received the following exempt wholesale generator filings: Edison Company. last three digits in the Docket Number Description: Tariff Cancellation: field (i.e., CP16–64). Be sure you have Docket Numbers: EG16–60–000. Notices of Cancellation LGIA and selected an appropriate date range. For Applicants: East Ridge Transmission, Distribution Service Agmt Sun Valley assistance, please contact FERC Online LLC. Project to be effective 4/19/2016. Support at [email protected] Description: Notice of Self- Filed Date: 2/26/16. or toll free at (866) 208–3676, or for Certification of Exempt Wholesale Accession Number: 20160226–5178. Generator Status of The East Ridge TTY, contact (202) 502–8659. The Comments Due: 5 p.m. ET 3/18/16. Transmission, LLC. eLibrary link also provides access to the Docket Numbers: ER16–1013–000. Filed Date: 2/26/16. Applicants: Interstate Power and texts of formal documents issued by the Accession Number: 20160226–5280. Light Company, ITC Midwest LLC. Commission, such as orders, notices, Comments Due: 5 p.m. ET 3/18/16. and rulemakings. Description: § 205(d) Rate Filing: Take notice that the Commission Amended IPL Operating and In addition, the Commission offers a received the following electric rate Transmission Agreement Exhibits to be free service called eSubscription which filings: effective 4/26/2016. allows you to keep track of all formal Docket Numbers: ER16–453–001. Filed Date: 2/26/16. issuances and submittals in specific Applicants: Northeast Transmission Accession Number: 20160226–5207. dockets. This can reduce the amount of Development, LLC, PJM Comments Due: 5 p.m. ET 3/18/16. time you spend researching proceedings Interconnection, L.L.C. Docket Numbers: ER16–1014–000. by automatically providing you with Description: Tariff Amendment: NTD Applicants: The Dayton Power and notification of these filings, document submits Response to Deficiency Letter Light Company. summaries, and direct links to the issued Jan. 29, 2016 in ER16–453 to be Description: § 205(d) Rate Filing: documents. Go to www.ferc.gov/docs- effective 2/1/2016. FERC Rate Schedule No. 2 to be filing/esubscription.asp. Filed Date: 2/26/16. effective 5/1/2016. Accession Number: 20160226–5205. Finally, public meetings or site visits Filed Date: 2/26/16. Comments Due: 5 p.m. ET 3/18/16. will be posted on the Commission’s Accession Number: 20160226–5239. calendar located at www.ferc.gov/ Docket Numbers: ER16–1008–000. Comments Due: 5 p.m. ET 3/18/16. EventCalendar/EventsList.aspx along Applicants: PJM Interconnection, Docket Numbers: ER16–1015–000. L.L.C. with other related information. Applicants: Southern California Description: § 205(d) Rate Filing: Edison Company. Dated: February 26, 2016. Second Revised ISA No. 3577, Queue Description: § 205(d) Rate Filing: 2016 Nathaniel J. Davis, Sr., No. Y1–086 per Assignment to be Revised Added Facilities Rate for Rate Deputy Secretary. effective 1/26/2016. Schedules to be effective 1/1/2016. [FR Doc. 2016–04653 Filed 3–2–16; 8:45 am] Filed Date: 2/25/16. Filed Date: 2/26/16. Accession Number: 20160225–5192. Accession Number: 20160226–5275. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 3/17/16. Comments Due: 5 p.m. ET 3/18/16. Docket Numbers: ER16–1009–000. Docket Numbers: ER16–1016–000. Applicants: PJM Interconnection, Applicants: Southern California L.L.C. Edison Company. Description: § 205(d) Rate Filing: Description: Tariff Cancellation: Amendment to WMPA SA No. 3203, Notice of Cancellation Tie-Line

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Facilities Agreement Sun Valley Project ACTION: Notice of final action. or unless the grounds for the objection to be effective 4/19/2016. arose after this period. Filed Date: 2/26/16. SUMMARY: Pursuant to Clean Air Act The Petitioners maintain that the Accession Number: 20160226–5283. (CAA) Section 505(b)(2) and 40 CFR SWEPCO title V operating permit is Comments Due: 5 p.m. ET 3/18/16. 70.8(d), the Environmental Protection inconsistent with the Act based on the Docket Numbers: ER16–1017–000. Agency (EPA) Administrator signed an following contentions: (1) The proposed Applicants: PJM Interconnection, Order, dated February 3, 2016, granting permit for the Pirkey Power Plant L.L.C. in part and denying in part the petition impermissibly provides for exemptions Description: § 205(d) Rate Filing: First asking EPA to object to an operating from title V applicable requirements Revised Interconnection Service permit issued by the Texas Commission during planned maintenance, startup, Agreement No. 3800, Queue No. AA1– on Environmental Quality for the and shutdown (MSS) activities; and (2) 040 to be effective 1/27/2016. Southwestern Electric Power Company the proposed permit must clarify that Filed Date: 2/26/16. (SWEPCO) H.W. Pirkey Power Plant credible evidence may be used by Accession Number: 20160226–5330. (Title V operating permit number O31). citizens to enforce the terms and Comments Due: 5 p.m. ET 3/18/16. The EPA’s February 3, 2016 Order conditions of the permit. The claims are Take notice that the Commission responds to the petition, dated October described in detail in Section IV of the received the following electric securities 30, 2014, submitted by the Order. filings: Environmental Integrity Project (EIP) Pursuant to sections 505(b) and 505(e) Docket Numbers: ES16–23–000. and Sierra Club. Sections 307(b) and of the Clean Air Act (42 U.S.C. 7661d(b) Applicants: Southern Indiana Gas and 505(b)(2) of the CAA provide that a and (e)) and 40 CFR 70.7(g) and 70.8(d), Electric Company, Inc. petitioner may ask for judicial review by the Texas Commission on Description: Application of Southern the United States Court of Appeals for Environmental Quality (TCEQ) has 90 Indiana Gas and Electric Company, Inc. the appropriate circuit of those portions days from the receipt of the for Authority to Issue Short-Term Debt. of the Order that deny issues raised in Administrator’s order to resolve the Filed Date: 2/26/16. the petition. Any petition for review objections identified in Claim 1 of the Accession Number: 20160226–5081. shall be filed within 60 days from the Order and submit a proposed Comments Due: 5 p.m. ET 3/18/16. date this notice appears in the Federal determination or termination, The filings are accessible in the Register, pursuant to section 307(b) of modification, or revocation and Commission’s eLibrary system by the CAA. reissuance of the SWEPCO title V clicking on the links or querying the permit in accordance with EPA’s ADDRESSES: You may review copies of docket number. objection. The Order issued on February Any person desiring to intervene or the final Order, the petition, and other supporting information at EPA Region 6, 3, 2016 responds to the Petition and protest in any of the above proceedings explains the basis for EPA’s decision. must file in accordance with Rules 211 1445 Ross Avenue, Dallas, Texas 75202– and 214 of the Commission’s 2733. Contact the individual listed Dated: February 24, 2016. Regulations (18 CFR 385.211 and below to view documents. You may Ron Curry, 385.214) on or before 5:00 p.m. Eastern view the hard copies Monday through Regional Administrator, Region 6. time on the specified comment date. Friday, from 9:00 a.m. to 3:00 p.m., [FR Doc. 2016–04752 Filed 3–2–16; 8:45 am] Protests may be considered, but excluding Federal holidays. If you wish BILLING CODE 6560–50–P intervention is necessary to become a to examine these documents, you party to the proceeding. should make an appointment at least 24 eFiling is encouraged. More detailed hours before the visiting day. ENVIRONMENTAL PROTECTION information relating to filing Additionally, the final February 3, 2016 AGENCY Order is available electronically at: requirements, interventions, protests, [FRL–9943–23–Region 5] service, and qualifying facilities filings http://www.epa.gov/title-v-operating- can be found at: http://www.ferc.gov/ permits/order-responding-2014-petition- Notice of Final Decision To Reissue docs-filing/efiling/filing-req.pdf. For requesting-administrator-object-title-v. the Ineos Nitriles USA LLC Land-Ban other information, call (866) 208–3676 FOR FURTHER INFORMATION CONTACT: Exemption (toll free). For TTY, call (202) 502–8659. Aimee Wilson at (214) 665–7596, email AGENCY: Environmental Protection address: [email protected] or the Dated: February 26, 2016. Agency (EPA). Nathaniel J. Davis, Sr., above EPA, Region 6 address. ACTION: Notice of final decision on a Deputy Secretary. SUPPLEMENTARY INFORMATION: The CAA Request by Ineos Nitriles USA LLC of [FR Doc. 2016–04651 Filed 3–2–16; 8:45 am] affords EPA a 45-day period to review, Lima, Ohio to Reissue its Exemption BILLING CODE 6717–01–P and object, as appropriate, to a title V from the Land Disposal Restrictions operating permit proposed by a state under the Resource Conservation and permitting authority. Section 505(b)(2) Recovery Act. ENVIRONMENTAL PROTECTION of the CAA authorizes any person to AGENCY petition the EPA Administrator, within SUMMARY: Notice is hereby given by the 60 days after the expiration of this U.S. Environmental Protection Agency [FRL–9943–28–Region 6] review period, to object to a title V (U.S. EPA or Agency) that an exemption Clean Air Act Operating Permit operating permit if EPA has not done so. to the land disposal restrictions under Program; Petition for Objection to Petitions must be based only on the 1984 Hazardous and Solid Waste State Operating Permit for objections to the permit that were raised Amendments to the Resource Southwestern Electric Power Company with reasonable specificity during the Conservation and Recovery Act (RCRA) H.W. Pirkey Power Plant in Texas public comment period provided by the has been granted to Ineos Nitriles USA state, unless the petitioner demonstrates LLC (formerly known as Ineos USA AGENCY: Environmental Protection that it was impracticable to raise such LLC) (Ineos) of Lima, Ohio for four Class Agency (EPA). objections during the comment period I injection wells located in Lima, Ohio.

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As required by 40 CFR part 148, Ineos River Group, the Wells Creek (6) Ineos may inject up to 175 gallons has demonstrated, to a reasonable Formation, the Knox Dolomite and the per minute through each of its four degree of certainty, that there will be no Upper Eau Claire Formation between wells, based on a monthly average; migration of hazardous constituents out 1,631 and 2,631 feet below ground level. (7) This exemption is approved for the of the injection zone or into an The confining zone is composed of the 20-year modeled injection period, underground source of drinking water Upper Black River Group between 1,427 which ends on January 31, 2025. Ineos for at least 10,000 years. This final and 1,631 feet below ground level. The may petition U.S. EPA for reissuance of decision allows the continued confining zone is separated from the the exemption beyond that date, underground injection by Ineos of those lowermost underground source of provided that a new and complete hazardous wastes designated by the drinking water (at a depth of petition and no-migration codes in Table 1 through its four Class approximately 400 feet below ground demonstration is received at U.S. EPA, I hazardous waste injection wells level) by a sequence of permeable and Region 5, by June 30, 2024; identified as #1, #2, #3, and #4. This less permeable sedimentary rocks. This (8) Ineos must submit a quarterly decision constitutes a final U.S. EPA sequence provides additional protection report containing the fluid analyses of action for which there is no from fluid migration into drinking water the injected waste and indicate the administrative appeal. sources. chemical and physical properties, U.S. EPA issued a draft decision, DATES: This action is effective as of including the concentrations, of all the which described the reasons for granting March 3, 2016. injected chemical constituents listed in this exemption in more detail, a fact FOR FURTHER INFORMATION CONTACT: Table 2 to U.S. EPA; sheet, which summarized these reasons, Stephen Roy, Lead Petition Reviewer, (9) Ineos must submit an annual U.S. EPA, Region 5, Underground and a public notice on September 10, 2015, pursuant to 40 CFR 124.10. The report containing the results of a bottom Injection Control Branch, WU–16J, 77 hole pressure survey (fall-off test) W. Jackson Blvd., Chicago, Illinois public comment period ended on October 13, 2015. U.S. EPA received performed on one well each year to U.S. 60604–3590; telephone number: (312) EPA. The survey must be performed 886–6556; fax number (312) 692–2951; comments from one citizen during the comment period. U.S. EPA has prepared after shutting down the well for email address: [email protected]. sufficient time to conduct a valid Copies of the petition and all pertinent a response to these comments, which can be viewed at the following URL: observation of the pressure fall-off curve information are on file and are part of under 40 CFR 146.68(e)(1). The annual the Administrative Record. Please http:\\epa.gov\ region5\water\uic\ineos-response-to- report must include a comparison of contact the lead reviewer to review the reservoir parameters determined from Administrative Record. comments. The response is part of the Administrative Record for this decision. the fall-off test with parameters used in SUPPLEMENTARY INFORMATION: Ineos the approved no-migration petition; submitted a request for reissuance of its U.S. EPA is issuing the final exemption with no changes from the draft decision. (10) Ineos must submit the results of existing exemption from the land radioactive tracer surveys and annulus disposal restrictions for hazardous Conditions pressure tests for its four wells to U.S. waste in August, 2005. U.S. EPA This exemption is subject to the EPA annually; reviewed all data pertaining to the following conditions. Non-compliance petition including, but not limited to, (11) Ineos must notify U.S. EPA in with any of these conditions is grounds writing if any well loses mechanical well construction, well operations, for termination of the exemption. regional and local geology, seismic integrity and prior to any workover or (1) The exemption applies to the four plugging; activity, penetrations of the confining existing hazardous waste injection zone, and computational models of the (12) Ineos must fully comply with all wells, #1, #2, #3, and #4, located at the requirements set forth in Underground injection zone. U.S. EPA has determined Ineos facility at 1900 Fort Amanda that the hydrogeological and Injection Control Permits #UIC 03–02– Road, Lima, Ohio; 003–PTO–1, UIC 03–02–004–PTO–1, geochemical conditions at the site and (2) Injection of hazardous waste is UIC 03–02–005–PTO–01 and 03–02– the nature of the waste streams are such limited to the parts of the Lower Eau 006–PTO–1 issued by the Ohio that injected fluids will not migrate out Claire Formation, the Mt. Simon Environmental Protection Agency; of the injection zone within 10,000 Sandstone and the Middle Run years, as set forth at 40 CFR part 148. Formation at depths between 2,631 and (13) Upon the expiration, The injection zone includes the 3,241 feet below ground level; cancellation, reissuance, or modification injection interval into which fluid is (3) The only RCRA-restricted wastes of the permits referenced above, this directly emplaced and the overlying that may be injected are those exemption is subject to review by U.S. arrestment interval into which fluid designated by the RCRA waste codes EPA; and may diffuse. The injection interval for found in Table 1; (14) Whenever U.S. EPA determines the Ineos facility is composed of the (4) Maximum concentrations of that the basis for approval of a petition Lower Eau Claire Formation, the Mt. chemicals that are allowed to be under 40 CFR 148.23 and 148.24 may no Simon Sandstone and the Middle Run injected are listed in Table 2; longer be valid, U.S. EPA may terminate Formation between 2,631 and 3,241 feet (5) The average specific gravity of the this exemption and will require a new below ground level. The arrestment injected waste stream must be between demonstration in accordance with 40 interval is composed of the Lower Black 1.00 and 1.05 over a three month period; CFR 148.20.

TABLE 1—LIST OF RCRA WASTE CODES APPROVED FOR INJECTION

D001 D002 D003 D004 D005 D006 D007 D008 D009 D010 D011 D018 D019 D035 D038 F039 K011 K013 K014 P003 P005 P030 P063 P069 P098 P101 P106 P120 U001 U002 U003 U007 U008 U009 U019 U031 U044 U053 U056 U057 U080 U112 U122 U123 U124 U125 U129 U140 U147 U149 U151 U152 U154 U159 U161 U169 U188 U191 U196 U211

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TABLE 1—LIST OF RCRA WASTE CODES APPROVED FOR INJECTION—Continued U213 U219 U220 U239

These waste codes are identified in 40 CFR part 261, subpart C and subpart D.

TABLE 2—CONCENTRATION LIMITS OF CHEMICAL CONTAMINANTS THAT ARE HAZARDOUS AT LESS THAN 0.001 Mg/L

Concentration Concentration Health based limit at the reduction Chemical constituent Waste code limit wellhead factor (mg/L) (mg/L) ) (Note 2) (C/C0

Acetaldehyde ...... U001 ...... 0.11 2,000 5.5 × 10¥5 Acetamide ...... Note 2 ...... 1.0 × 10¥5 10,000 1.0 × 10¥9 Acetic acid ...... Note 2 ...... 6.0 × 10¥6 6,000 1.0 × 10¥9 Acetone ...... U002 ...... 3.5 2,000 1.75 × 10¥3 Acetone cyanohydrin ...... P069 ...... 0.005 6,000 8.33 × 10¥7 Acetonitrile ...... K011, K013, K014, U003 ...... 0.21 100,000 2.1 × 10¥6 Acrolein ...... P003 ...... 0.005 2,000 2.5 × 10¥6 Acrylamide ...... K011, K013, K014, U007 ...... 8 × 10¥6 6,000 1.33 × 10¥9 Note 1 Acrylic acid ...... U008 ...... 17.5 60,000 2.92 × 10¥4 Acrylonitrile ...... K011, K013, K014, U009 ...... 6.0 × 10¥5 24,000 2.5 × 10¥9 Allyl alcohol ...... P005 ...... 0.175 2,000 8.75 × 10¥5 Antimony ...... F039 ...... 0.006 100 6.0 × 10¥5 Arsenic ...... D004 ...... 0.05 100 5.0 × 10¥4 Barium ...... D005 ...... 2 100 2.0 × 10¥2 Benzene ...... D018, K011, K013, K014, U019 ...... 0.005 400 1.25 × 10¥5 1,3-Butanediol ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 1,4-Butanediol ...... Note 2 ...... 1.4 × 10¥5 14,000 1.0 × 10¥9 Butanetriol ...... Note 2 ...... 4.0 × 10¥6 4,000 1.0 × 10¥9 Butanol ...... U140 ...... 3.5 4,000 8.75 × 10¥4 Butyrolactone ...... Note 2 ...... 5.0 × 10¥6 5,000 1.0 × 10¥9 Cadmium ...... D006 ...... 0.005 100 5.0 × 10¥5 Carbon tetrachloride ...... D019, U211 ...... 0.005 100 5.0 × 10¥5 Chloroform ...... U044 ...... 0.006 100 6.0 × 10¥5 Chromium ...... D007 ...... 0.1 100 1.0 × 10¥3 Cobalt ...... Note ...... 1.0 × 10¥7 100 1.0 × 10¥9 Crotonaldehyde ...... U053 ...... 0.002 200 1.0 × 10¥5 Crotonitrile ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Cyclohexane ...... U056 ...... 9.0 × 10¥5 100 9.0 × 10¥7 Cyclohexanone ...... U057 ...... 180 100 1.8 Diethylenetriamine pentaacetic acid ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Dimethylhydantoin ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Ethanol ...... Note 2 ...... 2.0 × 10¥6 2,000 1.0 × 10¥9 Ethyl acetate ...... U112 ...... 31.5 100 3.15 × 10¥1 Ethylenediamine tetracetonitrile ...... Note 2 ...... 4.0 × 10¥6 4,000 1.0 × 10¥9 Formic acid ...... U123 ...... 0.01 20,000 5.0 × 10¥7 Formaldehyde ...... U122 ...... 7 4,000 1.75 × 10¥3 Formamide ...... Note 2 ...... 4.0 × 10¥6 4,000 1.0 × 10¥9 Fumaronitrile ...... Note 2 ...... 4.0 × 10¥6 4,000 1.0 × 10¥9 Furan ...... U124 ...... 3.5 × 10¥3 100 3.5 × 10¥4 Furfural ...... U125 ...... 0.11 100 1.1 × 10¥3 Glyconitrile ...... Note 2 ...... 7.0 × 10¥6 7,000 1.0 × 10¥9 HCN (Free) ...... K011, K013, K014, P030, P063, P098, P106 0.2 3,200 6.25 × 10¥5 HCN (Total) ...... K011, K013, K014, P030, P063, P098, P106 0.7 21,200 3.3 × 10¥5 Hexamethylenetetramine (or acid) ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Iminodiacetonitrile ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Isobutanol ...... U140 ...... 11 200 5.5 × 10¥2 Isopropyl alcohol ...... Note 2 ...... 1.2 × 10¥6 1,200 1.0 × 10¥9 Lead ...... D008 ...... 0.001 100 1.0 × 10¥5 Lindane ...... U129 ...... 2.0 × 10¥4 1,000 2.0 × 10¥7 Maleic anhydride ...... U147 ...... 3.5 100 3.5 × 10¥2 Maleonitrile ...... Note 2 ...... 2.0 × 10¥5 20,000 1.0 × 10¥9 Malonitrile ...... U149 ...... 0.005 2,000 2.5 × 10¥6 Mercury ...... D009, U151 ...... 0.002 100 2.0 × 10¥5 Methanol ...... U154 ...... 17.5 40,000 4.38 × 10¥4 Methyacrylonitrile ...... U152 ...... 0.0035 400 8.75 × 10¥6 Methylethylhydantoin ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Methylene chloride ...... U080 ...... 5.3 × 10¥3 100 5.0 × 10¥5 Methyl ethyl ketone ...... D035, U159 ...... 21 1,000 2.1 × 10¥2 Methyl isobutyl ketone ...... U161 ...... 2.0 × 10¥3 100 2.0 × 10¥5

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TABLE 2—CONCENTRATION LIMITS OF CHEMICAL CONTAMINANTS THAT ARE HAZARDOUS AT LESS THAN 0.001 Mg/L— Continued

Concentration Concentration Health based limit at the reduction Chemical constituent Waste code limit wellhead factor (mg/L) (mg/L) ) (Note 2) (C/C0

2-Methylpyridine ...... U191 ...... 2.0 × 10¥3 1,000 2.0 × 10¥6 3-Methylpyridine ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Nickel ...... F006 ...... 0.001 100 1.0 × 10¥5 Nicotinonitrile ...... Note 2 ...... 6.0 × 10¥6 6,000 1.0 × 10¥9 Nitrilotiracetonitrile ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Nitrobenzene ...... U169 ...... 1.8 × 10¥2 100 1.8 × 10¥4 Oleic acid ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Oleoylsarconsinate ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Phenol ...... U188 ...... 21 100 2.1 × 10¥1 1,2-Propanediol ...... Note 2 ...... 6.0 × 10¥8 60 1.0 × 10¥9 1,3-Propanediol ...... Note 2 ...... 2.0 × 10¥6 2,000 1.0 × 10¥9 Propanol ...... Note 2 ...... 2,0 × 10¥6 2,000 1.0 × 10¥9 Propionitrile ...... P101 ...... 0.005 2,000 2.5 × 10¥6 Propylenediamine tetracetonitrile ...... Note 2 ...... 1.0 × 10¥6 1,000 1.0 × 10¥9 Pyroazole ...... Note 2 ...... 4.0 × 10¥6 4,000 1.0 × 10¥9 Pyridine ...... D038, U196 ...... 0.035 2,000 1.75 × 10¥5 Selenium ...... D010 ...... 0.05 100 5.0 × 10¥4 Silver ...... D011 ...... 0.175 100 1.75 × 10¥3 Sodium cyanide ...... D003, K011, K013, P030, P063, P106 ...... 1.4 1,200 1.17 × 10¥3 Strontium ...... Note 2 ...... 1.0 × 10¥7 100 1.0 × 10¥9 Succinic acid ...... Note 2 ...... 8.0 × 10¥7 800 1.0 × 10¥9 Succinotrile ...... Note 2 ...... 6.0 × 10¥6 6,000 1.0 × 10¥9 Tetrahydrofuran ...... U213 ...... 0.002 5,000 4.0 × 10¥7 Thiourea ...... U219 ...... 1.0 × 10¥2 100 1.0 × 10¥4 Toluene ...... U220 ...... 1 100 1.0 × 10¥2 Vanadium ...... P120 ...... 0.004 100 4.0 × 10¥5 Vanadium pentoxide ...... P120 ...... 0.315 400 7.88 × 10¥4 Xylene ...... U239 ...... 10 100 1.0 × 10¥1 Zinc ...... Note 2 ...... 10.5 400 2.63 × 10¥2

Note 1—Worst-case constituent. Dated: February 1, 2016. been released. As explained further Health Based Limit (HBL) contour for Tinka G. Hyde, below, the Docket is used to identify no-migration boundary set at 1.0 × 10¥9 Director, Water Division. Federal facilities that should be for this constituent. The HBL values are [FR Doc. 2016–04756 Filed 3–2–16; 8:45 am] evaluated to determine if they pose a from the compilation by EPA Region 6, BILLING CODE 6560–50–P threat to public health or welfare and revised 2005. the environment and to provide a mechanism to make this information Note 2—Constituents not associated ENVIRONMENTAL PROTECTION available to the public. with an EPA RCRA waste code or listed AGENCY This notice includes the complete list in HBL guidelines are assigned the of Federal facilities on the Docket and × ¥9 minimum C/C0 of 1.0 10 . A [FRL–9943–17–OLEM] also identifies Federal facilities reported provisional ‘‘HBL’’ for these to EPA since the last update of the Twenty-Ninth Update of the Federal constituents is then derived from the Docket on August 17, 2015. In addition Agency Hazardous Waste Compliance product of C/C0 and the concentration to the list of additions to the Docket, Docket limit at the wellhead. If a RCRA waste this notice includes a section with code is promulgated for any of these AGENCY: Environmental Protection revisions of the previous Docket list. constituents, the HBL selected by EPA Agency (EPA). Thus, the revisions in this update will be compared to the provisional ACTION: Notice. include 7 additions, 22 corrections, and ‘‘HBL’’ on this table. If the EPA HBL is 42 deletions to the Docket since the more stringent, the Concentration Limit SUMMARY: Since 1988, the previous update. At the time of at the Wellhead will be reduced or Environmental Protection Agency (EPA) publication of this notice, the new total migration of the constituent will be has maintained a Federal Agency number of Federal facilities listed on the reconsidered in detail. Hazardous Waste Compliance Docket Docket is 2,326. Since the last update, (‘‘Docket’’) under Section 120(c) of the EPA has identified a discrepancy in the Electronic Access. You may access Comprehensive Environmental total number of facilities published in this Federal Register document Response, Compensation, and Liability the Federal Register. The number of electronically from the Government Act (CERCLA). Section 120(c) requires Docket sites in the Federal Register did Printing Office under the ‘‘Federal EPA to establish a Docket that contains not match the number of sites on EPA’s Register’’ listings at FDSys (http:// certain information reported to EPA by Master Docket List. EPA has reconciled www.gpo.gov/fdsys/browse/collection. Federal facilities that manage hazardous the discrepancies and the list is now action?collectionCode=FR). waste or from which a reportable and both lists are now matching a quantity of hazardous substances has current. This publication contains the

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entire Docket list to clarify the number requires the owner or operator of a 49223). This notice constitutes the of sites. vessel or onshore or offshore facility to twenty-ninth update of the Docket. DATES: This list is current as of February notify the National Response Center This notice provides some 12, 2016. (NRC) of any spill or other release of a background information on the Docket. FOR FURTHER INFORMATION CONTACT: hazardous substance that equals or Additional information on the Docket Electronic versions of the Docket and exceeds a reportable quantity (RQ), as requirements and implementation are more information on its implementation defined by CERCLA Section 101. found in the Docket Reference Manual, can be obtained at http://www.epa.gov/ Additionally, CERCLA Section 103(c) Federal Agency Hazardous Waste fedfac/previous-federal-agency- requires facilities that have ‘‘stored, Compliance Docket found at http:// hazardous-waste-compliance-docket- treated, or disposed of’’ hazardous www.epa.gov/fedfac/docket-reference- updates by clicking on the link for wastes and where there is ‘‘known, manual-federal-agency-hazardous- Update #29 to the Federal Agency suspected, or likely releases’’ of waste-compliance-docket-interim-final Hazardous Waste Compliance Docket or hazardous substances to report their or obtained by calling the Regional by contacting Benjamin Simes activities to EPA. Docket Coordinators listed below. This ([email protected]), Federal CERCLA Section 120(d) requires EPA notice also provides changes to the list Agency Hazardous Waste Compliance to take steps to assure that a Preliminary of sites included on the Docket in three Docket Coordinator, Federal Facilities Assessment (PA) be completed for those areas: (1) Additions, (2) Deletions, and Restoration and Reuse Office (Mail Code sites identified in the Docket and that (3) Corrections. Specifically, additions 5106P), U.S. Environmental Protection the evaluation and listing of sites with are newly identified Federal facilities Agency, 1200 Pennsylvania Avenue a PA be completed within a reasonable that have been reported to EPA since the NW., Washington, DC 20460. time frame. The PA is designed to last update and now are included on the SUPPLEMENTARY INFORMATION: provide information for EPA to consider Docket; the deletions section lists when evaluating the site for potential Federal facilities that EPA is deleting Table of Contents response action or inclusion on the from the Docket.1 The information 1.0 Introduction National Priorities List (NPL). submitted to EPA on each Federal 2.0 Regional Docket Coordinators The Docket serves three major facility is maintained in the Docket 3.0 Revisions of the Previous Docket purposes: (1) To identify all Federal repository located in the EPA Regional 4.0 Process for Compiling the Updated facilities that must be evaluated to office of the Region in which the Docket determine whether they pose a threat to Federal facility is located; for a 5.0 Facilities Not Included human health and the environment description of the information required 6.0 Facility NPL Status Reporting, sufficient to warrant inclusion on the Including NFRAP Status under those provisions, see 53 FR 4280 7.0 Information Contained on Docket National Priorities List (NPL); (2) to (February 12, 1988). Each repository Listing compile and maintain the information contains the documents submitted to submitted to EPA on such facilities EPA under the reporting provisions and 1.0 Introduction under the provisions listed in Section correspondence relevant to the reporting Section 120(c) of CERCLA, 42 United 120(c) of CERCLA; and (3) to provide a provisions for each Federal facility. mechanism to make the information States Code (U.S.C.) § 9620(c), as In prior updates, information was also available to the public. amended by the Superfund provided regarding No Further Amendments and Reauthorization Act The initial list of Federal facilities to Remedial Action Planned (NFRAP) of 1986 (SARA), requires EPA to be included on the Docket was status changes. However, information establish the Federal Agency Hazardous published in the Federal Register on on NFRAP and NPL status is no longer Waste Compliance Docket. The Docket February 12, 1988 (53 FR 4280). Since being provided separately in the Docket contains information on Federal then, updates to the Docket have been update as it is now available at: facilities that manage hazardous waste published on November 16, 1988 (53 FR http://www.epa.gov/fedfac/fedfacts- and such information is submitted by 46364); December 15, 1989 (54 FR information-about-federal-electronic- Federal agencies to EPA under Sections 51472); August 22, 1990 (55 FR 34492); docket-facilities or by contacting the 3005, 3010, and 3016 of the Resource September 27, 1991 (56 FR 49328); EPA HQ Docket Coordinator at the Conservation and Recovery Act (RCRA), December 12, 1991 (56 FR 64898); July address provided in the FOR FURTHER 42 U.S.C. 6925, 6930, and 6937. 17, 1992 (57 FR 31758); February 5, INFORMATION CONTACT section of this Additionally, the Docket contains 1993 (58 FR 7298); November 10, 1993 notice. information on Federal facilities with a (58 FR 59790); April 11, 1995 (60 FR reportable quantity of hazardous 18474); June 27, 1997 (62 FR 34779); 2.0 Regional Docket Coordinators substances that has been released and November 23, 1998 (63 FR 64806); June such information is submitted by 12, 2000 (65 FR 36994); December 29, Contact the following Docket Federal agencies to EPA under Section 2000 (65 FR 83222); October 2, 2001 (66 Coordinators for information on 103 of CERCLA, 42 U.S.C. 9603. FR 50185); July 1, 2002 (67 FR 44200); Regional Docket repositories: Specifically, RCRA Section 3005 January 2, 2003 (68 FR 107); July 11, Martha Bosworth (HBS), US EPA Region 1, establishes a permitting system for 2003 (68 FR 41353); December 15, 2003 5 Post Office Square, Suite 100, Mail Code: certain hazardous waste treatment, (68 FR 69685); July 19, 2004 (69 FR OSRR07–2, Boston MA 02109–3912, (617) storage, and disposal (TSD) facilities; 42989); December 20, 2004 (69 FR 918–1407. RCRA Section 3010 requires waste 75951); October 25, 2005 (70 FR 61616); Helen Shannon (ERRD), US EPA Region 2, 290 Broadway, New York, NY 10007–1866, generators, transporters and TSD August 17, 2007 (72 FR 46218); (212) 637– 4260. facilities to notify EPA of their November 25, 2008 (73 FR 71644); Joseph Vitello (3HS12), US EPA Region 3, hazardous waste activities; and RCRA October 13, 2010 (75 FR 62810); 1650 Arch Street, Philadelphia, PA 19107, Section 3016 requires Federal agencies November 6, 2012 (77 FR 66609); March (215) 814–3354. to submit biennially to EPA an 18, 2013 (78 FR 16668); January 6, 2014 inventory of their Federal hazardous (79 FR 654), December 31, 2014 (79 FR 1 See Section 3.2 for the criteria for being deleted waste facilities. CERCLA Section 103(a) 78850); and August 17, 2015 (80 FR from the Docket.

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Dawn Taylor (4SF–SRSEB), US EPA to the requirements of CERCLA Section Federal agency that at the time of Region 4, 61 Forsyth St. SW., Atlanta, GA 120(d). consideration was not Federally-owned 30303, (404) 562–8575. or operated; (2) Federal facilities that are 3.3 Corrections Michael Chrystof (SR–6J), US EPA Region small quantity generators (SQGs) that 5, 77 W. Jackson Blvd., Chicago, IL 60604, Changes necessary to correct the have never generated more than 1,000 (312) 353–3705. previous Docket are identified by both Philip Ofosu (6SF–RA), US EPA Region 6, kg of hazardous waste in any month; (3) 1445 Ross Avenue, Dallas, TX 75202–2733, EPA and Federal agencies. The Federal facilities that are solely (214) 665–3178. corrections section may include changes hazardous waste transportation Paul Roemerman (SUPRERSP), US EPA in addresses or spelling, and corrections facilities, as reported under RCRA Region 7, 11201 Renner Blvd., Lenexa, KS of the recorded name and ownership of Section 3010; and (4) Federal facilities 66219, (913) 551–7694. a Federal facility. In addition, changes that have mixed mine or mill site Ryan Dunham (EPR–F), US EPA Region 8, in the names of Federal facilities may be ownership. 1595 Wynkoop Street, Denver, CO 80202, made to establish consistency in the An EPA policy issued in June 2003 (303) 312–6627. Docket or between the Superfund provided guidance for a site-by-site Leslie Ramirez (SFD–6–1), US EPA Region Enterprise Management System (SEMS) evaluation as to whether ‘‘mixed 9, 75 Hawthorne Street, San Francisco, CA and the Docket. For the Federal facility 94105, (415) 972–3978. ownership’’ mine or mill sites, typically Monica Lindeman (ECL, ABU), US EPA for which a correction is entered, the created as a result of activities Region 10, 1200 Sixth Avenue, Suite 900, original entry is as it appeared in conducted pursuant to the General ECL–112, Seattle, WA 98101, (206) 553– previous Docket updates. The corrected Mining Law of 1872 and never reported 5113. update is shown directly below, for easy under Section 103(a), should be comparison. This notice includes 22 included on the Docket. For purposes of 3.0 Revisions of the Previous Docket corrections. that policy, mixed ownership mine or This section includes a discussion of 4.0 Process for Compiling the Updated mill sites are those located partially on the additions and deletions to the list of private land and partially on public Docket Docket facilities since the previous land. This policy is found at http:// Docket update. In compiling the newly reported www.epa.gov/fedfac/policy-listing- Federal facilities for the update being 3.1 Additions mixed-ownership-mine-or-mill-sites- published in this notice, EPA extracted created-result-general-mining-law-1872. In this notice, 7 Federal facilities are the names, addresses, and identification The policy of not including these being added to the Docket, primarily numbers of facilities from four EPA facilities may change; facilities now because of new information obtained by databases—the WebEOC, the Biennial omitted may be added at some point if EPA (for example, recent reporting of a Inventory of Federal Agency Hazardous EPA determines that they should be facility pursuant to RCRA Sections Waste Activities, the Resource included. 3005, 3010, or 3016 or CERCLA Section Conservation and Recovery Act 103). CERCLA Section 120, as amended Information System (RCRAInfo), and 6.0 Facility NPL Status Reporting, by the Defense Authorization Act of SEMS—that contain information about Including NFRAP Status 1997, specifies that EPA take steps to Federal facilities submitted under the EPA typically tracks the NPL status of assure that a Preliminary Assessment four provisions listed in CERCLA Federal facilities listed on the Docket. (PA) be completed within a reasonable Section 120(c). An updated list of the NPL status of all time frame for those Federal facilities EPA assures the quality of the Docket facilities, as well as their NFRAP that are included on the Docket. Among information on the Docket by status, is available at http:// other things, the PA is designed to conducting extensive evaluation of the www.epa.gov/fedfac/fedfacts- provide information for EPA to consider current Docket list and contacts the information-about-federal-electronic- when evaluating the site for potential other Federal Agency (OFA) with the docket-facilities or by contacting the response action or listing on the NPL. information obtained from the databases EPA HQ Docket Coordinator at the identified above to determine which 3.2 Deletions address provided in the FOR FURTHER Federal facilities were, in fact, newly INFORMATION CONTACT section of this In this notice, 42 Federal facilities are reported and qualified for inclusion on notice. In prior updates, information being deleted from the Docket. There are the update. EPA is also striving to regarding NFRAP status changes was no statutory or regulatory provisions correct errors for Federal facilities that provided separately. that address deletion of a facility from were previously reported. For example, the Docket. However, if a facility is state-owned or privately-owned 7.0 Information Contained on Docket incorrectly included on the Docket, it facilities that are not operated by the Listing may be deleted from the Docket. The Federal government may have been The information is provided in four criteria EPA uses in deleting sites from included. Such problems are sometimes tables. The first table is a list of new the Docket include: A facility for which caused by procedures historically used Federal facilities that are being added to there was an incorrect report submitted to report and track Federal facilities the Docket. The second table is a list of for hazardous waste activity under data. Representatives of Federal Federal facilities that are being deleted RCRA (e.g., 40 CFR 262.44); a facility agencies are asked to contact the EPA from the Docket. The third table is for that was not Federally-owned or HQ Docket Coordinator at the address corrections. The fourth table is the operated at the time of the listing; a provided in the FOR FURTHER complete Docket list, this list is current facility included more than once (i.e., INFORMATION CONTACT section of this and includes the changes from Update redundant listings); or when multiple notice if revisions of this update #29. facilities are combined under one information are necessary. The Federal facilities listed in each listing. (See Docket Codes (Categories table are organized by the date reported. for Deletion of Facilities) for a more 5.0 Facilities Not Included Under each heading is listed the name refined list of the criteria EPA uses for Certain categories of facilities may not and address of the facility, the Federal deleting sites from the Docket. Facilities be included on the Docket, such as: (1) agency responsible for the facility, the being deleted no longer will be subject Federal facilities formerly owned by a statutory provision(s) under which the

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facility was reported to EPA, and a Federal facility requesting a preliminary (8) Does Not Fit Facility Definition. code.2 assessment, in accordance with Section Categories for Addition of Facilities The statutory provisions under which 105(d) of CERCLA; (7) a report a Federal facility is reported are listed submitted in accordance with Section (15) Small-Quantity Generator with in a column titled ‘‘Reporting 311(b)(5) of the Clean Water Act; and (8) either a RCRA 3016 or CERCLA 103 Mechanism.’’ Applicable mechanisms other sources. As a policy matter, EPA Reporting Mechanism. are listed for each Federal facility: For generally believes it is appropriate for (16) One Entry Being Split Into Two example, Sections 3005, 3010, 3016, Federal facilities identified through the (or more)/Federal Agency Responsibility 103(c), or Other. ‘‘Other’’ has been CERCLA discovery and notification Being Split. added as a reporting mechanism to process to be included on the Docket. (17) New Information Obtained indicate those Federal facilities that The complete list of Federal facilities Showing That Facility Should Be otherwise have been identified to have that now make up the Docket and the Included. NPL and NFRAP status are available to releases or threat of releases of (18) Facility Was a Site on a Facility hazardous substances. The National interested parties and can be obtained at http://www.epa.gov/fedfac/fedfacts- That Was Disbanded; Now a Separate Contingency Plan 40 CFR 300.405 Facility. addresses discovery or notification, information-about-federal-electronic- (19) Sites Were Combined Into One outlines what constitutes discovery of a docket-facilities or by contacting the Facility. hazardous substance release, and states EPA HQ Docket Coordinator at the that a release may be discovered in address provided in the FOR FURTHER (19A) New Currently Federally several ways, including: (1) A report INFORMATION CONTACT section of this Owned and/or Operated Facility Site. submitted in accordance with Section notice. As of the date of this notice, the Categories for Corrections of 103(a) of CERCLA, i.e., reportable total number of Federal facilities that Information About Facilities quantities codified at 40 CFR part 302; appear on the Docket is 2,326. (2) a report submitted to EPA in Dated: February 24, 2016. (20) Reporting Provisions Change. accordance with Section 103(c) of Charlotte Bertrand, (20A) Typo Correction/Name Change/ CERCLA; (3) investigation by Acting Director, Federal Facilities Restoration Address Change. government authorities conducted in and Reuse Office, Office of Land and (21) Changing Responsible Federal accordance with Section 104(e) of Emergency Management. Agency. (If applicable, new responsible CERCLA or other statutory authority; (4) Federal agency submits proof of Categories for Deletion of Facilities notification of a release by a Federal or previously performed PA, which is state permit holder when required by its (1) Small-Quantity Generator. Show subject to approval by EPA.) permit; (5) inventory or survey efforts or citation box. (22) Changing Responsible Federal random or incidental observation (2) Never Federally Owned and/or Agency and Facility Name. (If reported by government agencies or the Operated. applicable, new responsible Federal public; (6) submission of a citizen (3) Formerly Federally Owned and/or Agency submits proof of previously petition to EPA or the appropriate Operated but not at time of listing. performed PA, which is subject to (4) No Hazardous Waste Generated. approval by EPA.) (5) (This code is no longer used.) 2 Each Federal facility listed in the update has (24) Reporting Mechanism been assigned a code that indicates a specific reason (6) Redundant Listing/Site on Facility. for the addition or deletion. The code precedes this (7) Combining Sites Into One Facility/ Determined To Be Not Applicable After list. Entries Combined. Review of Regional Files.

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FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #28---ADDITIONS

Facility Name Address City State Zip Code Agency Reporting Mechanism Code Date

USAF- Air National Guard Camp 1181nfantry Camp Murray WA 98430 Air Force 103C 19A Update #29 Murray

Transportation Security 8400 Pena Boulevard, Po BOx 492125 Denver co 80249 Homeland Security RCRA 3010 17 Update #29 Administration (DEN)

Transportation Security 690 Sw 34th Street Fort Lauderdale FL 33315 Homeland Security RCRA 3010 17 Update #29 Administration (FLL)

Transportation Security 6750 Via Austi Parkway Suite 200 Las Vegas NV 89119 Homeland Security RCRA 3010 17 Update #29 Administration (LAS)

Transportation Security 3665 North Harbor Drive, Terminall San Diego CA 92106 Homeland Security RCRA 3010 17 Update #29 Administration (SAN)

Transportation Security 4200 George Bean Parkway, Suite 2112 Tampa FL 33607 Homeland Security RCRA 3010 17 Update #29 Administration (TPA)

Veterans Administration Medical 1892 Fort Road Sheridan WY 82801 Veterans Affairs 3010, 103C 19A Update #29 Center

FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #28-DELETIONS

Facility Name Address City State Zip Code Agency Reporting Mechanism Code Date

Naval Weapons Support Center Crane 384 CSG/DE Wichita KS 67221 Air Force RCRA 3005 8 2/12/1988

BLM-Chromalloy Mining & Milling T42NR63ESEC11 Elko NV 89801 Interior CERCLA 103 6 2/12/1988

BLM-Siana Dump Site Mile 67 Of Denali Hwy AK 99729 Interior CERCLA 103 6 2/12/1988

Fort Worth Naval Air Station, Joint 1510 Chenault Ave Fort Worth TX 76127 Navy RCRA 3005 6 2/12/1988 Reserve Base

Lassen College Site Hwy 139 PO Box 3000 Susanville CA 96130 Interior OTHER 3 11/16/1988

USDA Forest Service 121 N Charles White Cloud Ml 49348 Agriculture RCRA 3010 4 8/22/1990

Level Island Duncan Canal Level Island Vortac Site Level Island-North End AK 99833 Agriculture RCRA 3016 6 9/27/1991 (Petersburg).

Hudlow Camp Dump M Address P 0 Box 7669 Missoula ID Agriculture RCRA 3016 6 9/27/1991

USDA-FS Indian Point/Duncan Canal Kupreanof Island-Indian Point Auke Bay AK Agriculture RCRA 3016 6 9/27/1991

USDA-FS Coghlan Island Galena AK 99821 Agriculture RCRA 3016 6 9/27/1991

Pacific Bell Bldg 2172 Beale Afb CA 95903 Air Force RCRA 3010 6 9/27/1991

USArmyCOE 681 County Road Mission TX 77553 Corps Of Engineers, Civil CERCLA 103 6 9/27/1991

Gem County Landfill Dewey Lane, 10m East Of Emmett Emmett ID Interior CERCLA 103 6 9/27/1991

US Postal Service 5800 W Century Blvd Los Angeles CA 90009 USPS RCRA 3010 1 9/27/1991

Chugach Forest Mi 23.5 Seward Highway Seward AK 99664 Agriculture CERCLA 103 6 12/12/1991

Gunter Annex 55 South Lemay Plaza Mafb AL 36112 Air Force CERCLA 103 6 12/12/1991

Army Reserve Center (Charlotte #2) 1412 Westover Drive Charlotte NC 28205 Army CERCLA 103 6 12/12/1991

US Army Corps Of Eng Llarng Maint 12/12/1991e 8660 W Cermak Rd North Riverside IL 60546 Army RCRA 3010 6 Center f

4 Miles East Of State Highway 530 At Naval Radio Station T-Jim Creek Oso WA Navy CERCLA 103 6 12/12/1991 Oso

Betties Field Betties Airport Betties AK 99726 Transportation CERCLA 103 6 12/12/1991

NPS-Padre Island 9405 S Padre -Island Dr Corpus Christi TX 78418 Interior RCRA 3010 1 7/17/1992

Queen Emmalani Tower Queen & South Street Honolulu, Oahu HI 96813 ***Unknown*** CERCLA 103 2 2/5/1993

Lynn Keller Property Sec 6 T16N R8E Cedar Bluffs NE 68015 Agriculture RCRA 3016 3 11/10/1993

Atlanta Naval Air Station Halsey Street Marietta GA 30060 Navy CERCLA 103 6 11/10/1993

Bergstrom Air Reserve Station 2502 Hwy 71E Austin TX 78719 Air Force RCRA 3010 6 6/11/1995

Opheim Radar Station 2 Miles West Of Opheim Opheim MT 59250 Air Force CERCLA 103 3 6/11/1995

Rio Vista Research Center Rio Vista, CA Rio Vista CA Army CERCLA 103 6 6/27/1997

ElDorado National Forest R14-T14N R10E-T13N R19E-T9N ElDorado CA 95623 Agriculture CERCLA 103 6 6/12/2000

Los Angeles Air Force Base 2400 EEl Segundo Blvd El Segundo CA 90245 Air Force RCRA 3010 6 6/12/2000

BIA Tuba City Indian Medical Center TC 167 N Main St Tuba City AZ 86045 Interior RCRA 3010 1 6/12/2000

StLouis (Ex) Ordnance Plant 4300 Goodfellow Blvd StLouis MO 63120 Army CERCLA 103 6 10/2/2001

USPS Hillcrest Station 300 E Hillcrest Blvd Inglewood CA 90301-9998 USPS RCRA 3010 1 7/1/2002

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Facility Name Address City State Zip Code Agency Reporting Mechanism Code Date Marquand (Ex) Gap Filler Annex P-7od NW 1/4 Section 18, T32N, R8E Marquand MO 63655 Agriculture CERCLA 103 3 7/11/2003 FWS-Great White Heron National Boca Chica Naval Air Station Key West FL 33041 Interior RCRA 3016 6 7/11/2003 Wildlife Refuge-Navy Skeet Range Old Rt.1, P.O. Box 532,6675 Sherman Defense Industrial Plant Equipment Atchison KS 66002 Army CERCLA 103 6 7/19/2004 Road Transportation Security Administration 1336 Nw 78th Ave Dora I FL 33126-1606 Homeland Security RCRA 3010 6 10/13/2010 Federal Law Enforcment Training Chapel Crossing Rd Glynco GA 31524 Homeland Security RCRA 3010 6 8/17/2012 Center Charles Evans Whittaker Us Federal General Services 400 E 9th St Kansas City MO RCRA 3010 6 12/31/2012 Courthouse Administration USCG Ballast Point Moorings Navsubbase Ballast Point Drive San Diego CA 92106 Homeland Security RCRA 3010 4 3/18/2013 Nebraska National Forest Site #2 5.5 5 Of Hwy 2 Halsey NE 69142 Agriculture RCRA 3010 7 1/6/2014 General Services Administration General Services 607 Hardesty Ave Kansas City MO RCRA 3010 6 1/6/2014 Former Federal Center Administration US DOT Maritime Suisun Bay Reserve 2595 Lake Herman Road Benicia CA 94510 Transportation RCRA 3010 6 12/31/2014 Fleet

FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET UPDATE #28-CORRECTIONS

Facility Name Address City State Zip Code Agency Reporting Mechanism Code Date Highway T, County Road 517, Butler Wappapello Training Site Wayne City MO 63966 Army RCRA 3016 21 6/11/1995 County Highway T, County Road 517, Butler Wappapello Training Site Wayne City MO 63966 Agriculture RCRA 3016 6/11/1995 County

Lake Tahoe Basin Mu: Meyers Landfill 870 Emerald Bay Rd South Lake Tahoe CA 96150 Agriculture CERCLA 103 20A 11/23/1998 FS-Meyers Landfill 870 Emerald Bay Rd South Lake Tahoe CA 96150 Agriculture CERCLA 103 11/23/1998

Palo Alto Medical Center 3801 Miranda Ave Palo Alto CA 94304 Veterans Administration RCRA 3010 20A 11/23/1998 VA Palo Alto Health Care System 3801 Miranda Ave Palo Alto CA 94304 Veterans Administration RCRA 3010 11/23/1998

Air Force Plant No 4 Po Box 748 Fort Worth TX 76108 Air Force RCRA 3010 20A 12/31/2014 Air Force Plant No 4 (Lockheed Martin) Po Box 748 Fort Worth TX 76108 Air Force RCRA 3010 12/31/2014

RCA Antenna Farm 451 Mesa Rd Bolinas CA 94924 ***Unknown*** CERCLA 103 21 6/11/1995 RCA Antenna Farm 451 Mesa Rd Bolinas CA 94924 Interior CERCLA 103 6/11/1995

Yuma Mesa Irrigation And Drainage 14329 S Fourth Avenue Yuma AZ 85365 ***Unknown*** RCRA 3016 21 2/5/1993 Distance Yuma Mesa Irrigation And Drainage 14329 S Fourth Avenue Yuma AZ 85365 Interior RCRA 3016 2/5/1993 Distance

USACE-Wayne Interim Storage 868 Black Oak Ridge Rd Wayne NJ 07470 Corps Of Engineers, Civil RCRA 3010 21 2/12/1998 USACE-Wayne Interim Storage 868 Black Oak Ridge Rd Wayne NJ 07470 Energy RCRA 3010 2/12/1998

US Army Corps Of Engineers Whitney 10 South Howard Street Baltimore MD 21201 Army RCRA 3010 21 8/17/2015 Point Lake And Dam US Army Corps Of Engineers Whitney 10 South Howard Street Baltimore MD 21201 Corps Of Engineers, Civil RCRA 3010 8/17/2015 Point Lake And Dam

T39N R43E SEC19 SE CORNER, +48- Colville NF: Oriole Mine Metaline WA 99152 TSA OTHER 21 8/17/2007 51'36.69" N, -117-24'46.42" W T39N R43E SEC19 SE CORNER, +48- Colville NF: Oriole Mine Metaline WA 99152 Agriculture OTHER 8/17/2007 51'36.69" N, -117-24'46.42" W

T85 R3SE.SEC22, +44-51'25" N,-118- Umatilla NF: Ajax Mine Granite OR 97877 TSA OTHER 21 8/17/2007 24'16" w T85 R3SE.SEC22, +44-51'25" N,-118- Umatilla NF: Ajax Mine Granite OR 97877 Agriculture OTHER 8/17/2007 24'16" w

T95 R3SE SEC14, +44-47'09" N,-118- Umatilla NF: Blackjack Mine Granite OR 97877 TSA OTHER 21 8/17/2007 27'59" w T95 R3SE SEC14, +44-47'09" N,-118- Umatilla NF: Blackjack Mine Granite OR 97877 Agriculture OTHER 8/17/2007 27'59" w

T95 R3SE SEC11, +44-45'59" N,-118- Umatilla NF: Bluebird Mine Granite OR 97877 TSA OTHER 21 8/17/2007 29'37" w T95 R3SE SEC11, +44-45'59" N,-118- Umatilla NF: Bluebird Mine Granite OR 97877 Agriculture OTHER 8/17/2007 29'37" w

T85 R3SE SEC22, +44-51'32" N, -118- Umatilla NF: Magnolia Mine Granite OR 97877 TSA OTHER 21 8/17/2007 24'08" w T85 R3SE SEC22, +44-51'32" N, -118- Umatilla NF: Magnolia Mine Granite OR 97877 Agriculture OTHER 8/17/2007 24'08" w

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Facility Name Address City State Zip Code Agency Reporting Mechanism Code Date

T235 R1E SEC13, +43-34'50" N, -122- Umpqua NF: Champion Mine Cottage Grove OR 97424 TSA OTHER 21 8/17/2007 37'49" w T235 R1E SEC13, +43-34'50" N, -122- Umpqua NF: Champion Mine Cottage Grove OR 97424 Agriculture OTHER 8/17/2007 37'49" w

Transportation Security Administration NW 20TH ST BLDG 3050 Miami FL 33142 Transportation RCRA 3010 22 10/13/2010 Transportation Security Administration NW 20TH ST BLDG 3050 Miami FL 33142 Homeland Security RCRA 3010 1/6/2014 (Mia)

TSA Orlando International Airport Jeff Fuqua Blvd Orlando FL 32822 TSA RCRA 3010 21 1/6/2014

TSA Orlando International Airport Jeff Fuqua Blvd Orlando FL 32822 Homeland Security RCRA 3010 1/6/2014

TSA Portland International Airport 7000 Ne Airport Wy Lwr Lvl S E Portland OR 97218 TSA RCRA 3010 21 1/6/2014

TSA Portland International Airport 7000 Ne Airport Wy Lwr Lvl S E Portland OR 97218 Homeland Security RCRA 3010 1/6/2014

TSA Seatac Airport 178011ntl Blvd, Rm 6631 Seattle WA 98158 TSA RCRA 3010 21 1/6/2014

TSA Seatac Airport 178011ntl Blvd, Rm 6631 Seattle WA 98158 Homeland Security RCRA 3010 1/6/2014

Transportation Security Administration 510 Airline Dr Coppell TX 75019 TSA RCRA 3010 22 10/13/2010 Transportation Security Administration 510 Airline Dr Coppell TX 75019 Homeland Security RCRA 3010 12/31/2014 (DFW)

T165 R29E SEC6, +44-12'37" N,-119-16' Malheur NF: Roba Westfall Mine John Day OR 97845 TSA OTHER 21 8/17/2007 57" w T165 R29E SEC6, +44-12'37" N,-119-16' Malheur NF: Roba Westfall Mine John Day OR 97845 Agriculture OTHER 8/17/2007 57" w

T165 R29E SEC7, +44-11'49" N,-119- Malheur NF: York & Ran nels Mines John Day OR 97845 TSA OTHER 21 8/17/2007 17'14" w T165 R29E SEC7, +44-11'49" N,-119- Malheur NF: York & Ran nels Mines John Day OR 97845 Agriculture OTHER 8/17/2007 17'14" w

Former Red Rocks Mine 37 51' 23 N LAT 11814' 34 W L. Dyer NV 89010 Agriculture RCRA 3010 20A 12/31/2012

Former Red Rocks Mine Mercury Mine 37 51' 23 N LAT 11814' 34 W L. Dyer NV 89010 Agriculture RCRA 3010 12/31/2012

FULL FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET

Facility Name Address City State Zip Agency Reporting Mechanism Date BELT CREEK CCC CAMP T14N R7E SEC 1 NEIHART MT 59465 AGRICULTURE CERCLA 103 2/12/1988 BELTSVILLE AGRICULTURAL BUILDING 003 BARC-WEST 10300 BELTSVILLE MD 20705 AGRICULTURE RCRA 3010 2/12/1988 RESEARCH CENTER BALTIMORE AVENUE CLEARWATER NF: CLAYTON CREEK T 39N, R 11E, SEC 21 HEADQUARTERS ID 83534 AGRICULTURE CERCLA 103 2/12/1988 DUMP EASTERN REGIONAL RESEARCH 600 EAST MERMAID LANE WYNDMOOR PA 19038 AGRICULTURE RCRA 3010 2/12/1988 CENTER FOREST PRODUCTS LABORATORY 1 GIFFORD PINCHOT DR, DANE COUNTY MADISON WI 53705 AGRICULTURE RCRA 3005 2/12/1988 ROMAN L. HRUSKA MEAT ANIMAL P.O. BOX 166, STATE SPUR 18D CLAY CENTER NE 68933 AGRICULTURE RCRA 3010 2/12/1988 RESEARCH CENTER SOUTHERN REGIONAL RESEARCH 1100 ROBERT E LEE BLVD NEW ORLEANS LA 70124 AGRICULTURE RCRA 3010 2/12/1988 CENTER, USDA SUBTROPICAL AGRICULTURE FM 1015, SOUTH EXPRESSWAY 83 WESLACO TX 76115 AGRICULTURE RCRA 3010 2/12/1988 RESEARCH LABORATORY US CODON RESEARCH CENTER 17053 SHAFTER AVENUE SHAFTER CA 93263 AGRICULTURE RCRA 3010 2/12/1988 USDA BIOSCIENCES RESEARCH LAB 1605 W. COLLEGE ST FARGO ND 58105 AGRICULTURE RCRA 3010 2/12/1988 USDOA WILDLIFE RESEARCH FIELD 2820 E UNIVERSITY AVE. GAINESVILLE FL 32601 AGRICULTURE CERCLA 103 2/12/1988 STATION WENATCHEE NF: HOLDEN MINE T31N R17E57 WM HOLDEN WA 98816 AGRICULTURE RCRA 3016 2/12/1988 YAKIMA AGRICULTURAL RESEARCH 3706 W NOB HILL BLVD YAKIMA WA 98902 AGRICULTURE RCRA 3010 2/12/1988 LABORATORY AIR FORCE PLANT #4 (GENERAL GRANTS LANE FORT WORTH TX 76106 AIR FORCE RCRA 3005 2/12/1988 DYNAMICS) AIR FORCE PLANT 19 4297 PACIFIC COAST HWY SAN DIEGO CA 92101-5001 AIR FORCE CERCLA 103 2/12/1988 AIR FORCE PLANT 42 20TH ST E & AVES 0 & M PALMDALE CA 93550 AIR FORCE RCRA 3005 2/12/1988 35 MI. NW OF BRIGHAM CITY, MAIL STOP AIR FORCE PLANT 78 BRIGHAM CITY UT 84302 AIR FORCE RCRA 3010 2/12/1988 250 AIR FORCE PLANT PJKS 12275 SOUTH HIGHWAY 75 LITILETON co 80127 AIR FORCE RCRA 3016 2/12/1988 AIR FORCE REAL PROPERTY AGENCY (FORMERLY GRIFFISS AIR FORCE 153 BROOKS RD ROME NY 13441 AIR FORCE RCRA 3005 2/12/1988 BASE) ANDERSON AFB 43 CSG/CC ROUTE 1 YIGO GU 96912 AIR FORCE RCRA 3005 2/12/1988 ANDREWS AIR FORCE BASE PERIMETER RD ANDREWSAFB MD 20762 AIR FORCE RCRA 3005 2/12/1988 ARNOLD ENGINEERING ARNOLD AIR FORCE TN HWY 127 TN 37389-3010 AIR FORCE RCRA 3005 2/12/1988 DEVELOPMENT CENTER BASE AVON PARKAIRFORCE BASE 56 COMBAT SUPPORT GROUP/DE MACDILLAFB FL 33608 AIR FORCE RCRA 3005 2/12/1988 BARKSDALE AIR FORCE BASE 2CSG/CC BOSSIER CITY LA 71110 AIR FORCE RCRA 3005 2/12/1988 BEALE AIR FORCE BASE 6451 B ST BEALE CA 95903 AIR FORCE RCRA 3005 2/12/1988 BERGSTROM-AIR FORCE BASE 67 CSG/DE BERGSTROM AFB TX 78743 AIR FORCE RCRA 3005 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date CAMP PARKS COMMUNICATION 6S94 ABS/CC PLEASANTON CA 94088 AIR FORCE RCRA 3016 2/12/1988 ANNEX CANNON AIR FORCE BASE BLDG 1-275CSG/DE CANNONAFB NM 88103 AIR FORCE RCRA 3005 2/12/1988 40 Ml NE OF PT. HOPE, ALASKA CAPE LISBURNE AIR FORCE STATION CAPE LISBURNE AK 99766 AIR FORCE RCRA 3010 2/12/1988 MARITIME NWR CAPE NEWENHAM AIR FORCE KUSKOKWIM BAY CAPE NEW EN HAM AK 99651 AIR FORCE RCRA 3010 2/12/1988 STATION CAPE ROMANZOF AIR FORCE 20 Ml N OF HOOPER BAY, YUKON DELTA HOOPER BAY AK 99604 AIR FORCE RCRA 3010 2/12/1988 STATION NWR CASTLE AFB 93 CSG/CC CASTLEAFB CA 95342 AIR FORCE RCRA 3005 2/12/1988 CHANUTE AIR FORCE BASE 3345 CES AFB RANTOUL IL 61868 AIR FORCE RCRA 3005 2/12/1988 CHARLESTON AIR FORCE BASE 437 CSG/DEEV CHARLESTON sc 29404 AIR FORCE RCRA 3005 2/12/1988 COLUMBUS AIR FORCE BASE US HWY 45 NORTH COLUMBUS MS 39701 AIR FORCE RCRA 3005 2/12/1988 DAVIS-MONTHAN DAVIS-MONTHAN AFB 837 CSG/CC AZ 85735 AIR FORCE RCRA 3005 2/12/1988 AFB DOBBINS AIR FORCE DOBBINS AIR RESERVE BASE 94 SPTG/CEV GA 30069 AIR FORCE RCRA 3016 2/12/1988 BASE DOVER AIR FORCE BASE 436 SPTG/CEVR 600 CHEVRON AVENUE DOVER DE 19902 AIR FORCE RCRA 3005 2/12/1988 DYESS AIR FORCE BASE 96 CSG/CC ABILENE TX 79607 AIR FORCE RCRA 3005 2/12/1988 EARECKSON AIR FORCE STATION SHEMYA ISLANDS SHORE SHEMYA AK 99546 AIR FORCE RCRA 3010 2/12/1988 EDWARDS AIR FORCE BASE AFFTC EDWARDS AFB EDWARDSAFB CA 93524 AIR FORCE RCRA 3005 2/12/1988 EGLIN AIR FORCE BASE 3200 SPTW/DEV EGLIN AFB FL 32542 AIR FORCE RCRA 3005 2/12/1988 EIELSON AIR FORCE BASE HWY 2, 16 Ml SE OF FAIRBANKS FAIRBANKS AK 99702 AIR FORCE RCRA 3005 2/12/1988 ELLSWORTH AIR FORCE BASE 44CSC/DE ELLSWORTH AFB SD 57706 AIR FORCE RCRA 3005 2/12/1988 ELMENDORF AIR FORCE BASE N BOUNDARY OF CITY LIMITS ANCHORAGE AK 99506 AIR FORCE RCRA 3005 2/12/1988 ENGLAND AIR FORCE BASE 1719 CHAPPlE JAMES ALEXANDRIA LA 71303 AIR FORCE RCRA 3005 2/12/1988 FAIRCHILD AIR FORCE BASE US HWY 2 W OF SPOKANE FAIRCHILD AFB WA 99011 AIR FORCE RCRA 3005 2/12/1988 HEAD OF TRACTOR CREEK, 1 Ml W OF GALENA AIR FORCE STATION GALENA AK 99741 AIR FORCE RCRA 3010 2/12/1988 CITY GEN BILLY MITCHELL FIELD 440 CSG/DE 300 E COLLEGE AVE MILWAUKEE WI 53207 AIR FORCE RCRA 3010 2/12/1988 GEORGE AIR FORCE BASE 831 CSG/DE GEORGEAFB CA 92392 AIR FORCE RCRA 3005 2/12/1988 GRAND FORKS AIR FORCE BASE 321 CSG/CC GRAND FORKS ND 58105 AIR FORCE RCRA 3005 2/12/1988 GRISSOM AIR RESERVE BASE 434 SPTG/CEV GRISSOM AFB IN 46971 AIR FORCE RCRA 3005 2/12/1988 HAMILTON AIR FORCE BASE HAMILTON AIR FORCE BASE NOVATO CA 94947 AIR FORCE CERCLA 103 2/12/1988 HANSCOM FIELD/HANSCOM AIR 66 ABW/CC, 120 GREENIER STREET BEDFORD MA 01731 AIR FORCE RCRA 3005 2/12/1988 FORCE BASE HICKAM AIR FORCE BASE 15ABW/DE HONOLULU HI 96853 AIR FORCE RCRA 3005 2/12/1988 HILL AIR FORCE BASE 7274 WARDLEIGH RD HILLAFB UT 84056 AIR FORCE RCRA 3005 2/12/1988 HOLLOMAN AIR FORCE BASE 49 CSC/CC HOLLOMAN AFB NM 88330 AIR FORCE RCRA 3005 2/12/1988 HOMESTEAD AIR FORCE BASE 360 CORAL SEA BLVD HOMESTEAD FL 33049 AIR FORCE RCRA 3005 2/12/1988 INDIAN MOUNTAIN AIR FORCE NW SOURCE OF INDIAN RIVER BETTLES AK 99720 AIR FORCE RCRA 3010 2/12/1988 STATION JET PROPULSION LABORATORY NORTH BASE RD, EDWARDS AFB EDWARDS CA 93523 AIR FORCE RCRA 3010 2/12/1988 K.l. SAWYER AIR FORCE BASE 410 CES DEEV GWINN Ml 49843 AIR FORCE RCRA 3005 2/12/1988 KEESLER AIR FORCE BASE 508 L STREET, 81ST CES/CEVC KEELSER AFB MS 39534 AIR FORCE RCRA 3005 2/12/1988 KELLY AIR FORCE BASE SA-ALC/EM SAN ANTONIO TX 78241 AIR FORCE RCRA 3005 2/12/1988 KINGSLEYFIELD JOE WRIGHT ROAD, 5 Ml S OF CITY KLAMATH FALLS OR 97603 AIR FORCE RCRA 3010 2/12/1988 KIRTLAND AIR FORCE BASE 2000 WYOMING BLVD SE KIRTLAND AFB NM 87117 AIR FORCE RCRA 3005 2/12/1988 LACKLANDAIR FORCE BASE 3700 ABG/DE SAN ANTONIO TX 78236 AIR FORCE RCRA 3005 2/12/1988 LAUGHLIN AIR FORCE BASE 47 ABG/DE DEL RIO TX 78843 AIR FORCE RCRA 3005 2/12/1988 LORING AIR FORCE BASE 42 CSG/CC LIMESTONE ME 04751 AIR FORCE RCRA 3005 2/12/1988 LOWRY AIR FORCE BASE 3415 CES/DE LOWRYAFB co 80230 AIR FORCE RCRA 3005 2/12/1988 LUKE AIR FORCE BASE LITCHFIELD & GLENDALE ROADS GLENDALE AZ 85309 AIR FORCE RCRA 3005 2/12/1988 MACDILLAIR FORCE BASE 56 COMBAT SUPPORT GROUP/ DE MACDILLAFB FL 33608 AIR FORCE RCRA 3005 2/12/1988 MALMSTROM AIR FORCE BASE FACILITY 1501 PERIMETER RD GREAT FALLS MT 59402 AIR FORCE RCRA 3005 2/12/1988 MARCH AIR FORCE BASE OLDB MARCH 3430 BUNDY AVENUE MARCH AFB CA 92518-1504 AIR FORCE RCRA 3005 2/12/1988 MATHER AIR FORCE BASE .. MATHERAFB SACRAMENTO CA 95655 AIR FORCE RCRA 3005 2/12/1988 MCCHORD AIR FORCE BASE MERIDIAN STREET MCCHORDAFB WA 98438 AIR FORCE RCRA 3010 2/12/1988 MCCLELLAN AIR FORCE BASE 3200 PEACEKEEPER WAY SACRAMENTO CA 95652 AIR FORCE RCRA 3005 2/12/1988 MCCONNELL AIR FORCE BASE 53000 HUTCHINSON STE 109 WICHITA KS 67221-3617 AIR FORCE RCRA 3005 2/12/1988 MCGUIRE AIR FORCE BASE WRIGHTSTOWN-COOKSTOWN RD WRIGHTSTOWN NJ 8562 AIR FORCE RCRA 3005 2/12/1988 MINOT AIR FORCE MINOT AIR FORCE BASE 5 CES CE 320 PEACEKEEPER PLACE ND 58705-5006 AIR FORCE RCRA 3005 2/12/1988 BASE MOODY AIR FORCE BASE 347 CSG/DE MOODYAFB GA 31669 AIR FORCE RCRA 3005 2/12/1988 MOUNTAIN HOME MOUNTAIN HOME AIR FORCE BASE HWY 67, 10 Ml W OF CITY ID 83648 AIR FORCE RCRA 3005 2/12/1988 AFB MURPHY DOME AIR FORCE STATION CHATINIKA RIVER MURPHY DOME AK 99701 AIR FORCE RCRA 3010 2/12/1988 MYRTLE BEACH AIR FORCE BASE 354 CSG/DE MYRTLE BEACH sc 29577 AIR FORCE RCRA 3005 2/12/1988 NAVAL AIR STATION 305TH CSGIDE GRISSOM AFB IN 46971 AIR FORCE RCRA 3005 2/12/1988 NELLIS AIR FORCE BASE 4370 N WASHINGTON BLVD STE 117 NELLISAFB NV 89191 AIR FORCE RCRA 3005 2/12/1988 NEWARK AIR FORCE BASE AGMC/EM NEWARKAFB OH 43057 AIR FORCE RCRA 3005 2/12/1988 NIAGARA FALLS AIR FORCE RES 914 TA/DE NIAGARA FALLS lAP NY 14304 AIR FORCE RCRA 3005 2/12/1988 NORTON AIR FORCE BASE 63ABG/CC NORTON AFB CA 92409 AIR FORCE RCRA 3005 2/12/1988 OFFUTT AIR FORCE BASE (EX) 3902 ABW/DEEV OFFUTT AFB NE 68113 AIR FORCE RCRA 3005 2/12/1988 OTIS AIR FORCE BASE OTISAFB FALMOUTH MA 02542 AIR FORCE RCRA 3010 2/12/1988 PATRICK AIR FORCE BASE 6550 ABG/DEEV PATRICKAFB FL 32925 AIR FORCE RCRA 3005 2/12/1988 PEASE AIR FORCE BASE 509 CSG/CC PORTSMOUTH NH 3801 AIR FORCE RCRA 3005 2/12/1988 PHELPS/COLLINSANG BASE AIRPORT ROAD ALPENA Ml 49704 AIR FORCE RCRA 3010 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date PLANT#3 (MCDONNELL-DOUGLAS 2000 N. MEMORIAL AVENUE TULSA OK 74101 AIR FORCE RCRA 3005 2/12/1988 CORP) PLANT#44 (HUGHES AIRCRAFT CO.) OLD NOGALES ROAD TUCSON AZ 85734 AIR FORCE RCRA 3005 2/12/1988 PLANT#S9 600 MAIN STREET JOHNSON CITY NY 13890 AIR FORCE RCRA 3016 2/12/1988 PLANT#6 (LOCKHEED) 86 5 COBB DRIVE ZONE 54 MARIETIA GA 30063 AIR FORCE RCRA 3005 2/12/1988 PLATISBURGH AIR FORCE BASE 308 CSG/CC PLATISBURGH AFB NY 12901 AIR FORCE RCRA 3005 2/12/1988 POINT ARENA AIR FORCE STATION 26 ADS/DE PT ARENAAFS CA 95468 AIR FORCE RCRA 3016 2/12/1988 POPE AIR FORCE POPE AIR FORCE BASE 43 CES/CEV 560 INTERCEPTOR RD NC 28308 AIR FORCE RCRA 3005 2/12/1988 BASE PORT MOLLER AIR FORCE STATION SSDS8M41SN, 160D29M4SSW PORT MOLLER AK 99571 AIR FORCE RCRA 3010 2/12/1988 PORTLAND AIR NATIONAL GUARD 6801 NE CORN FOOT RD PORTLAND OR 97208 AIR FORCE CERCLA 103 2/12/1988 BASE RANDOLPH AIR FORCE BASE 12 ABG/DE SAN ANTONIO TX 78150 AIR FORCE RCRA 3005 2/12/1988 REESE AIR FORCE BASE 64ABG/DE LUBBOCK TX 79489 AIR FORCE RCRA 3005 2/12/1988 RICHARDS GEBAUR AIR FORCE BASE HYW 150 & US HWY 71 BELTON MO 64012 AIR FORCE RCRA 3016 2/12/1988 ROBINS AIR FORCE BASE 455 BYRON STREET, SUITE 465 ROBINSAFB GA 31098-1860 AIR FORCE RCRA 3005 2/12/1988 SCOTIAFB 375 ABG/CC scan AFB IL 82225 AIR FORCE RCRA 3005 2/12/1988 SELFRIDGE AIR NATIONAL GUARD DETACHMENT 1/DEE MOUNT CLEMENS Ml 48045 AIR FORCE RCRA 3005 2/12/1988 SEYMOUR JOHNSON AIR FORCE SEYMOUR JOHNSON 4 CSG/DE NC 27531 AIR FORCE RCRA 3005 2/12/1988 BASE AIR FORCE BASE SHAW AIR FORCE BASE 345 CULLEN ST SHAW AFB sc 29152 AIR FORCE RCRA 3005 2/12/1988 SHEPPARD AIR FORCE BASE 3750 ABG/DE WICHITAL FALLS TX 76311 AIR FORCE RCRA 3005 2/12/1988 SOUTH DAKOTA AIR NATIONAL P.O. BOX 5044 SIOUX FALLS SD 57117 AIR FORCE CERCLA 103 2/12/1988 GUARD SPARREVOHN AIR FORCE STATION HOOK CREEK, 18 Ml SW OF CITY LIME VILLAGE AK 99557 AIR FORCE RCRA 3010 2/12/1988 TATALINAAIR FORCE STATION 9 Ml SW OF MCGRATH MCGRATH AK 99627 AIR FORCE RCRA 3010 2/12/1988 TIN CITY AIR FORCE STATION 1 Ml NE OF TIN CITY TIN CITY AK 99783 AIR FORCE RCRA 3010 2/12/1988 TINKER AIR FORCE BASE OCALC/EM OKLAHEMA CITY OK 73145 AIR FORCE RCRA 3005 2/12/1988 60 ABG/CC AIR BASE PARKWAY FAIRFIELD TRAVIS AIR FORCE BASE TRAVISAFB CA 94535 AIR FORCE RCRA 3005 2/12/1988 6 Ml E OF ADDRESS TYNDALL AIR FORCE BASE 325 CSB/DE TYNDALLAFB FL 32403 AIR FORCE RCRA 3005 2/12/1988 US AIR FORCE PLANT #38 PORTER & BALMER RDS PORTER TWP NY 14131 AIR FORCE RCRA 3005 2/12/1988 US AIR FORCE PLANT 85 4300 E. 5TH AVENUE COLUMBUS OH 43216 AIR FORCE RCRA 3005 2/12/1988 VANCE AIR FORCE BASE 71 ABG /DE ENID OK 73702 AIR FORCE RCRA 3005 2/12/1988 VANDENBERG AFB 1 STRAD/ET LOMPOC CA 93436 AIR FORCE RCRA 3005 2/12/1988 VOLK FIELD HWY 94 JUNEAU COUNTY CAMP DOUGLAS WI 54618 AIR FORCE RCRA 3016 2/12/1988 WESTOVER AIR FORCE BASE 439 CSG/DE CHICOPEE MA 01022 AIR FORCE RCRA 3005 2/12/1988 WHEELERAFB BASE CIVIL ENGINEER OAHU HI 96854 AIR FORCE RCRA 3010 2/12/1988 WHITEMAN AIR FORCE BASE T46N R24W 533 WHITEMAN AFB MO 65305 AIR FORCE RCRA 3005 2/12/1988 WILLIAMS AIR FORCE WILLIAMS AIR FORCE BASE 82 ABG/DE AZ 85240 AIR FORCE RCRA 3005 2/12/1988 BASE WRIGHT PATIERSON AIR FORCE 2750 ABW/EM DAYTON OH 45433 AIR FORCE RCRA 3005 2/12/1988 BASE WURTSMITH AIR FORCE BASE 379 COMBAT SUPPORT GROUP/CC OSCODA Ml 48753 AIR FORCE RCRA 3005 2/12/1988 YOUNGSTOWN TEST ANNEX BALMER RD PORTER CENTER NY 14131 AIR FORCE CERCLA 103 2/12/1988 ABERDEEN PROVING GROUND STEP A-SH-ER ABERDEEN MD 21010 ARMY RCRA 3005 2/12/1988 (EDGEWOOD AREA) ADELPHI LABORATORY CENTER 2800 POWDER MILL ROAD ADELPHI MD 20783 ARMY RCRA 3005 2/12/1988 (HARRY DIAMOND LAB) ALABAMA ARMY AMMUNITION POBOX 368 CHILDERSBURG AL 35044 ARMY RCRA 3005 2/12/1988 PLANT. ANNISTON ARMY DEPOT 7 FRANKFORD AVENUE ANNISTON AL 36201-4199 ARMY RCRA 3005 2/12/1988 ARLINGTON HALL STATION US ARMY WARRENTON VA 22186 ARMY RCRA 3010 2/12/1988 ARMY ENGINE PLANT STRATFORD 550 SOUTH MAIN STREET STRATFORD CT 06497 ARMY RCRA 3005 2/12/1988 BADGER ARMY AMMUNITION PLANT US HWY 12 5 SAUK COUNTY BARABOO WI 53913 ARMY RCRA 3005 2/12/1988 BELLMORE MAINTENANCE FACILITY 2755 MAPLE AVE BELLMORE NY 11710 ARMY RCRA 3010 2/12/1988 BRITION ARMY RESERVE CENTER 39TH ST & FEDERAL ST CAMDEN NJ 08105 ARMY RCRA 3010 2/12/1988 CAMERON STATION 5010 DUKE ST ALEXANDRIA VA 22314 ARMY RCRA 3010 2/12/1988 CARLISLE ARMY BARRACKS U.S. HIGHWAY 11 AND ASHBURN DRIVE CARLISLE PA 17013 ARMY CERCLA 103 2/12/1988 CHARLES E. KELLEY SUPPORT CENTER US ARMY OAKDALE PA 15071 ARMY RCRA 3010 2/12/1988 CORPUS CHRISTl ARMY 2022 SARA TOGA CORPUS CHRISTl TX 78415 ARMY RCRA 3005 2/12/1988 MAINTENANCE SUPPORT ACTIVITY DEFENSE CONSTRUCTION SUPPLY OHIO RT 88, COUNTY ROAD 225 COLUMBUS OH 43215 ARMY RCRA 3010 2/12/1988 CTR DEFENSE DEPOT MEMPHIS 2163 AIRWAYS BLVD MEMPHIS TN 38114 ARMY RCRA 3005 2/12/1988 DEFENSE DEPOT TRACY CHRISMAN ROAD TRACY CA 95376-5000 ARMY RCRA 3005 2/12/1988 DUGWAY PROVING GROUND 45 MI. W. OF TOOELE DUGWAY UT 84022 ARMY RCRA 3010 2/12/1988 ENGINEERING ENVIRONMENTAL PO BOX 631 VICKSBURG MS 39180 ARMY RCRA 3005 2/12/1988 WATERWAY LABORATORY FIELD ARTILLERY TNG CT 2930 CURRIE RD ATIN ATZR-B FORT SILL OK 73503 ARMY RCRA 3005 2/12/1988 FORT A.P. HILL US RT 301 & STATE RT 608 BOWLING GREEN VA 22427-5000 ARMY RCRA 3005 2/12/1988 FORT ALLEN ROUTE 1 JUANA DIAZ PR 00665 ARMY CERCLA 103 2/12/1988 FORT BEL VOl R-US ARMY 9430 JACKSON LOOP FORT BELVOIR VA 22060-5130 ARMY RCRA 3005 2/12/1988 ENGINEERING CENTER FORT BENNING GA HWY 1 & US 27 FORT BENNING GA 31905 ARMY RCRA 3005 2/12/1988 FORT BLISS AIR DEFENSE CENTER ENVIRON MGMT OFC BLDG 1105 W FORT BLISS TX 79916 ARMY RCRA 3005 2/12/1988 FORT BUCHANAN ROUTE 28 SANJUAN PR 00934 ARMY RCRA 3005 2/12/1988 FORT DETRICK FT DETRICK FREDERICK MD 21701 ARMY OTHER 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date FORT DETRICK-FOREST GLEN ANNEX S03 ORNEY DR SILVER SPRING MD 20910 ARMY OTHER 2/12/1988 FORT DEVENS BUENA VISTA ST AVER-SHIRLEY MA 01432 ARMY RCRA 3005 2/12/1988 FORT DEVENS-SUDBURY TRAINING HUDSON RD SUDBURY MA 01776 ARMY RCRA 3016 2/12/1988 ANNEX FORT DRUM #8 BTWN RTS 3 & 11 WATERTOWN NY 13601 ARMY RCRA 3005 2/12/1988 FORTEUSTIS US TRANS CTR-FT EUSTIS NEWPORT NEWS VA 23604 ARMY RCRA 3005 2/12/1988 FORT GEORGE G. MEADE MD RT 175 ODENTON MD 21113 ARMY RCRA 3005 2/12/1988 FORT GILLEM 4653 N SECOND ST FOREST PARK GA 30297-5000 ARMY RCRA 3005 2/12/1988 FORT HAMILTON FTHAMILTON BROOKLYN NY 11252 ARMY RCRA 3010 2/12/1988 FORT HUNTER LIGGETI. FORT HUNTER LIGGETI JOLON CA 93928 ARMY RCRA 3005 2/12/1988 FORT INDIANTOWN GAP FORT INDIANTOWN ANNVILLE PA 17003 ARMY RCRA 3010 2/12/1988 FORT KAMEHAMEHA FORT KAMEHAMEHA HONOLULU HI 96618 ARMY RCRA 3010 2/12/1988 FORT LEONARD WOOD, U.S. ARMY DIRECTORATE OF PUBLIC WORKS, 1334 FORTLEONARD MD 65473-8944 ARMY RCRA 3005 2/12/1988 MANEUVER SUPPORT CENTER FIRST STREET WOOD T19N R2E 521,22, 26&27, 11 Ml E OF FORTLEWIS FORTLEWIS WA 98433 ARMY RCRA 3005 2/12/1988 OLYMPIA FORT MCCLELLAN CHEMICAL AND FOR MCCLELLAN, OFFAL. HWY 202A AND US HWY 21 AL 36205 ARMY RCRA 3005 2/12/1988 MP CENTERS CALHOUN CITY FORT MCCOY MILITARY FORT MCCOY SPARTA WI 54656 ARMY RCRA 3005 2/12/1988 RESERVATION FORT MCNAIR 350 P STREET, S.W WASHINGTON DC 20319 ARMY RCRA 3010 2/12/1988 FORT MONMOUTH TINTON & PINEBROOK TINTON FALLS NJ 07724 ARMY RCRA 3010 2/12/1988 FORT MONROE 318 CORNOG LANE FORT MONROE VA 23651-1110 ARMY RCRA 3010 2/12/1988 FORTMYER 204 LEE AVE FORT MYER VA 22211-1199 ARMY RCRA 3010 2/12/1988 FORTORD FORTORD FORTORD CA 93941 ARMY RCRA 3005 2/12/1988 FORTPICKETI BLDG 134 MILITARY ROAD FORT PICKED VA 23824 ARMY RCRA 3010 2/12/1988 FORT RICHARDSON GLEN HWY & ARCTIC VALLEY RD FORT RICHARDSON AK 99505 ARMY RCRA 3005 2/12/1988 FORT RILEY 1ST INFANTRY DIV (M) BLDG 330 DICKMAN AVENUE FORT RILEY KS 66442 ARMY RCRA 3005 2/12/1988 FORT SHAFTER ARMY SUPPORT US ARMY SUPPORT COMMAND HI FORT SHAFTER HI 96858 ARMY RCRA 3010 2/12/1988 COMMAND, HI FORT STEWART 24TH INFANTRY DIV AFZP-DEN-E FORT STEWART GA 31314 ARMY RCRA 3005 2/12/1988 FORT STORY BLDG 300 VIRGINIA BEACH VA 23459 ARMY RCRA 3005 2/12/1988 FORTTOTIEN BAYSIDE QUEENS NY 11359 ARMY RCRA 3010 2/12/1988 FT IRWIN NAT TRAINING CENTER DEH BLDG. 365 FTIRWIN CA 92311 ARMY RCRA 3005 2/12/1988 HAWTHORNE ARMY AMMUNITION HWY95 HAWTHORNE NV 89416 ARMY RCRA 3005 2/12/1988 PLANT HAYS ARMY AMMUNITION PLANT 300 MUFFLIN RD PITISBURGH PA 15207 ARMY RCRA 3016 2/12/1988 HOLSTON ARMY AMMUNITION WEST STONE DRIVE KINGSPORT TN 37660 ARMY RCRA 3005 2/12/1988 PLANT HQ FORT CARSON 7TH ID DE CAM 801 TEVIS STREET BLDG. 302 FORT CARSON co 80913-4000 ARMY RCRA 3005 2/12/1988 HUNTER ARMY AIRFIELD 24TH INFANTRY DIV AFZP-DEN-E FORT STEWART GA 31314 ARMY RCRA 3005 2/12/1988 INDIANA ARMY AMMUNITION 11452 HWY 62 CHARLESTOWN IN 47111 ARMY RCRA 3005 2/12/1988 PLANT IOWA ARMY AMMUNITION PLANT HWY 79 OFF MIDDLETOWN ROAD MIDDLETOWN lA 52638 ARMY RCRA 3005 2/12/1988 IUS ARMVFORT POLK AND PEASON HQ. 5TH INFANTRY DIV. & FORT POLK FORT POLK LA 71459 ARMY RCRA 3005 2/12/1988 RIDGE JOHNSTON ATOLL NATIONAL P.O. BOX 50167 HONOLULU HI 96850 ARMY RCRA 3010 2/12/1988 WILDLIFE REFUGE 6 MILES 5 OF ELWOOD OFF RTE 53 WILL JOLIET ARMY AMMUNITION PLANT JOLIET IL 60634 ARMY RCRA 3005 2/12/1988 COUNTY KANSAS ARMY AMMUNITION PLANT 3 MILES EAST OF TOWN PARSONS KS 66757 ARMY RCRA 3005 2/12/1988 LAKE CITY ARMY AMMUNITION JCT OF MD HWY 7 & HWY 78 INDEPENDENCE MD 64050 ARMY RCRA 3005 2/12/1988 PLANT LAWRENCE LIVERMORE NATIONAL CAMP PARKS PLEASANTON CA 94566 ARMY RCRA 3010 2/12/1988 LABORATORY-CAMP PARKS LETIERKENNY ARMY DEPOT (SE N FRANKLIN ST EXT CHAMBERSBURG PA 17201 ARMY RCRA 3005 2/12/1988 AREA) LEXINGTON-BLUEGRASS ARMY HALEY RD LEXINGTON KY 40511 ARMY RCRA 3005 2/12/1988 DEPOT LIMA ARMY TANK CENTER 1155 BUCKEYE RD, ALLEN COUNTY LIMA OH 45804-1898 ARMY RCRA 3010 2/12/1988 LONGHORN ARMY AMMUNITION HIGHWAY 419 EAST KAMACK TX 75661 ARMY RCRA 3005 2/12/1988 PLANT LOUISIANA ARMY AMMUNITION PO BOX 30059 SHREVEPORT LA 71130 ARMY RCRA 3005 2/12/1988 PLANT MAKUA MILITARY RESERVATION MAKUA MILITARY RESERVATION WAIANAE HI 96792 ARMY RCRA 3005 2/12/1988 ORDNANCE DISPOSAL AREA MATERIALS TECHNOLOGY 405 ARSENAL ST WATERTOWN MA 02172 ARMY RCRA 3005 2/12/1988 LABORATORY MCALESTER ARMY AMMUNITION 1 C TREE ROAD MCALESTER OK 74501-9002 ARMY RCRA 3005 2/12/1988 PLANT MILAN ARMY AMMUNITION PLANT HWY 104 MILAN TN 38358-5000 ARMY RCRA 3005 2/12/1988 MILITARY OCEAN TERMINAL FOOT OF 32ND STREET BAYONNE NJ 07002 ARMY RCRA 3005 2/12/1988 NATICK LAB. ARMY RESEARCH, KANSAS ST NATICK MA 01760 ARMY RCRA 3010 2/12/1988 NATIONAL GUARD CAMP NAVAJO 1002 HALE DR 1-40 EX 185 BELLEMONT AZ 86015-9999 ARMY RCRA 3005 2/12/1988 NEW RIVER AMMUNITION STORAGE STATE RTE 11 DUBLIN VA 24084 ARMY RCRA 3005 2/12/1988 DEPOT OAKLAND ARMY BASE BLDG-1 ALASKA ST OAKLAND CA 94626 ARMY RCRA 3005 2/12/1988 OGDEN DEFENSE DEPOT 500 WEST 12TH STREET OGDEN UT 84407-5000 ARMY RCRA 3016 2/12/1988 PHILADELPHIA DEFENSE PERSONNEL 2800 5 20TH ST PHILADELPHIA PA 19101 ARMY RCRA 3005 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date SUPPORT CENTER PHOENIX CONTROL (NIKE) SUNNYBROOK ROAD JACKSONVILLE MD 21131 ARMY RCRA 3016 2/12/1988 PICA TINNY ARSENAL OFF ROUTE 15 DOVER NJ 07801 ARMY RCRA3005 2/12/1988 PINE BLUFF ARSENAL HIGHWAY 55 PINE BLUFF AR 71602 ARMY RCRA3005 2/12/1988 PRESIDIO OF MONTEREY CA PRESIDIO OF MONTEREY CA. PACIFIC GROVE CA 93941 ARMY CERCLA 103 2/12/1988 PUEBLO CHEMICAL DEPOT 45825 HWY 96 EAST PUEBLO co 81006-9330 ARMY RCRA3005 2/12/1988 RIVERBANK ARMY AMMUNITION 5300 CLAUS RD RIVERBANK CA 95367-0678 ARMY RCRA3005 2/12/1988 DEPOT ROCK ISLAND ARSENAL RODMAN AVE ROCK ISLAND IL 61299-SOOO ARMY RCRA3005 2/12/1988 ROCKY MOUNTAIN ARSENAL IMMED. N. STAPLETON INTLARPT COMMERCE CITY co 80022 ARMY RCRA3005 2/12/1988 ROOSEVELT ARMY RESERVE CENTER 101 OAK ST HEMPSTEAD NY 115SO ARMY RCRA3010 2/12/1988 SACRAMENTO ARMY DEPOT 8350 FRUITRIDGE RD SACRAMENTO CA 95813 ARMY RCRA3005 2/12/1988 SCHOFIELD BARRACKS LYMAN RD WAHIAWA HI 96786 ARMY RCRA3010 2/12/1988 SCRANTON AAP 156 CEDAR AVE SCRANTON PA 18501 ARMY RCRA3005 2/12/1988 SENECA ARMY DEPOT 5786 STATE ROUTE 96 ROMULUS NY 14541 ARMY RCRA3005 2/12/1988 SHARPE ARMY DEPOT ROTH RD LATHROP CA 95331 ARMY RCRA3005 2/12/1988 SIERRA ARMY DEPOT COUNTY ROUTE A26 HERLONG CA 96113 ARMY RCRA3005 2/12/1988 STLOUIS ARMY AMMUNITION 4800 GOODFELLOW BLVD STLOUIS MO 63120 ARMY RCRA 3016 2/12/1988 PLANT STORCH ARMY RESERVE CENTER SHORE RD & DOLPHIN NORTHFIELD NORTHFIELD NJ 08225 ARMY RCRA3010 2/12/1988 STRYKER ARMY RESERVE CENTER 2150 NOTIINGHAM WAY TRENTON NJ 08619 ARMY RCRA3010 2/12/1988 SUNFLOWER ARMY AMMUNITION 33425 W.103 RD STREET DESOTO KS 66018 ARMY RCRA3005 2/12/1988 PLANT TANK AUTOMOTIVE COMMAND 6501 E 11 MILE RD MACOMB COUNTY WARREN Ml 48090 ARMY RCRA3005 2/12/1988 TOBYHANNA ARMY DEPOT 11 HAP ARNOLD BLVD TOBYHANNA PA 18466-S086 ARMY RCRA3005 2/12/1988 TOOELE ARMY DEPOT (SOUTH AREA) HIGHWAY36, 12 Ml S OF TEAD-N TOOELE UT 84074 ARMY RCRA3005 2/12/1988 TRIPLER MEDICAL CENTER TRIPLER ARMY MEDICAL CENTER HONOLULU HI 968S9 ARMY RCRA3010 2/12/1988 JCT HWY 10 & MN HWY 965, RAMSEY TWIN CITIESAAP ARDEN HILL MN 55112 ARMY RCRA3005 2/12/1988 COUNTY 114 NOVOSEL STREET BETWEEN U.S. ARMY AVIATION CENTER FORT RUCKER AL 36362-SOOO ARMY RCRA3005 2/12/1988 HIGHWAYS 134AND 51 U.S. ARMY COMBINED ARMS 1816 SHOP ROAD FORTLEE VA 23801 ARMY RCRA3005 2/12/1988 SUPPORT COMMAND AND FORTLEE U.S. ARMY ETHAN ALLEN FIRING LEE RIVER ROAD JERICHO VT 05465 ARMY RCRA3010 2/12/1988 RANGE U.S. ARMY TRAINING CENTER & FT JULIUSTOWN-BROWNS MILL ROAD WRIGHTSTOWN NJ 08562 ARMY RCRA3005 2/12/1988 DIX US ARMY CAMP STANLEY STORAGE RALPH FAIR ROAD SAN ANTONIO TX 78229 ARMY RCRA3005 2/12/1988 US ARMY COM Bl NED ARMS CENTER 853 W WAREHOUSE FORT LEAVENWORTH KS 66027 ARMY RCRA3005 2/12/1988 US ARMY FORT CHAFFEE BUILDING 239 FORT CHAFFEE AR 72906 ARMY RCRA3005 2/12/1988 US ARMY GERSTIE RIVER TEST SITE T13S RI4E SEC 9, 15, 16 FORT GREELY AK 98733 ARMY RCRA3005 2/12/1988 US ARMY RAVENNA ARMY 4820 RIVER RD, HAMILTON COUNTY RAVENNA OH 44266 ARMY RCRA3005 2/12/1988 AMMUNITION PLANT US ARMY SAGINAW AIRCRAFT PLANT BLUE MOUND ROAD HIGHWAY 156 SAGINAW TX 76131 ARMY RCRA3010 2/12/1988 US ARMY STLOUIS AREA SUPPORT RT 3 & NIEDRINGHOUSE AVENUE GRANITE CITY IL 62040 ARMY RCRA3005 2/12/1988 CENTER MACISCA US ARMY UMATILLA DEPOT ACTIVITY 1-84 & EXIT 178 HERMISTON DR 97838 ARMY RCRA3005 2/12/1988 US ARMY, FORT HOOD BLDG 4213 SOUTH 77TH STREET FORT HOOD TX 76544 ARMY RCRA3005 2/12/1988 US ARMY, FORT SHERIDAN BLDG 119, LAKE COUNTY FORT SHERIDAN IL 60037 ARMY RCRA3005 2/12/1988 US ARMY, HOUSTON ARMED FORCES 1850 OLD SPANISH TRAIL HOUSTON TX 770S4 ARMY RCRA3005 2/12/1988 CENTER US ARMY, JEFFERSON PROVING STATE FTE 63 2 MILES S OF NEWPORT NEWPORT IN 47966 ARMY RCRA3005 2/12/1988 GROUND VERMILLION COUNTY US ARMY, LONE STAR ARMY HIGHWAY82W TEXARKANA TX 75501 ARMY RCRA3005 2/12/1988 AMMUNITION PLANT BUILDING #28, MARION COUNTY FT US ARMY, NEWPORT ARMY AAP HARRISON IN 46216 ARMY RCRA3005 2/12/1988 BENJAMIN US ARMY, RED RIVER DEPOT HIGHWAY 82 TEXARKANA TX 75507 ARMY RCRA3005 2/12/1988 7 MILES N OF SAVANNA ON RTE 84, US ARMY, SAVANNA ARMY DEPOT SAVANNA IL 61704 ARMY RCRA3005 2/12/1988 CARROL COUNTY US ARMY-FORT WINGATE DEPOT 10 MILES EAST OF GALLUP ON 1-10 GALLUP NM 87310 ARMY RCRA3005 2/12/1988 ACTIVITY USA FORT CAMPBELL AFZB-FE-CE FORT CAMPBELL KY 42223 ARMY RCRA3005 2/12/1988 USA FORT GORDON & HQ USA HQ U.S. ARMY SIGNAL CENTER FORT GORDON GA 30905 ARMY RCRA3005 2/12/1988 SIGNAL CENTER USAARMC & FORT KNOX US HWY 31 WEST FORT KNOX KY 40121 ARMY RCRA3005 2/12/1988 USAG FORT HUACHUCA ATZS EHB FORT HUACHUCA AZ 85613 ARMY RCRA3010 2/12/1988 USATC & FORT JACKSON BLDG 1916 OFF EWELL RD FORT JACKSON sc 29207 ARMY RCRA3005 2/12/1988 VI NT HILL FARMS STATION BLDG 2470, VI NT HILL FARMS STATION WARRENTON VA 22186 ARMY RCRA3010 2/12/1988 VOLUNTEER ARMY AMMO PLANT BONNY OAKS DRIVE CHATANOOGA TN 37416 ARMY RCRA3005 2/12/1988 WARRENTON TRAINING CENTER FAUQUIER SPRINGS RD WARRENTON VA 22186 ARMY RCRA3010 2/12/1988 WATERVLIET ARSENAL BROADWAY WATERVLIET NY 12189 ARMY RCRA3005 2/12/1988 WELDON SPRINGS ORDINANCE HWY94SOUTH ST. CHARLES MO 63301 ARMY RCRA 3016 2/12/1988 WORKS (FORMER) WEST POINT MILITARY ACADEMY RT 9W-BLDG 733 WEST POINT NY 10996 ARMY RCRA3005 2/12/1988 WHITESANDS MISSILE RANGE STEWS-F WHITE SANDS NM 88002-5076 ARMY RCRA3005 2/12/1988 YUMA PROVING GROUND US ARMY YUMA PROVING GROUND YUMA AZ 8S364 ARMY RCRA300S 2/12/1988 CENTRAL INTELLIGENCE AGENCY ROUTE 123 MCLEAN VA 22101 CIA RCRA3010 2/12/1988 HEADQUARTERS

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Facility Name Address City State Zip Agency Reporting Mechanism Date NATIONAL INSTITUTE OF QUINCE ORCHARD RD GAITHERSBURG MD 20760 COMMERCE RCRA 300S 2/12/1988 STANDARDS AND TECHNOLOGY NOAA/NMFS/NEFC SANDY HOOK LABORATORY HIGHLANDS NJ 07732 COMMERCE RCRA 300S 2/12/1988 CORPS OF ENGINEERS, ASTORIA FIELD OFFICE HWY 30 & MARITIME RD ASTORIA OR 97103 RCRA 3010 2/12/1988 CIVIL CORPS OF ENGINEERS, BONNEVILLE DAM 184 N OF EXIT 40 BONNEVILLE OR 97014 RCRA 3010 2/12/1988 CIVIL CORPS OF ENGINEERS, FORT GIBSON LAKE PRYOR OK 74361 RCRA 3016 2/12/1988 CIVIL CORPS OF ENGINEERS, JOHN H. KERR RESERVOIR ROUTE 1, BOX 76 BOYDTON VA 23917-9801 RCRA 3010 2/12/1988 CIVIL CORPS OF ENGINEERS, LAKE LAVON-NORTH GULLY-SITE 1 2\1/2\ Ml SE OF HWY 380 LEWISVILLE TX 7S077 RCRA 3016 2/12/1988 CIVIL ROBERTS. KERR LOCK DAM & CORPS OF ENGINEERS, STAR ROUTE 4 SALLISAW OK 74063 RCRA 300S 2/12/1988 RESEVOIR CIVIL OHIO RT. 88 COUNTY ROAD 22S CORPS OF ENGINEERS, SHENANGO DISPOSAL SITE, ORP VERNON TOWNSHIP OH 44428 RCRA 3010 2/12/1988 SHENANGO DISPOSAL SITE CIVIL 431 NORTH SHORE DRIVE BUFFALO CORPS OF ENGINEERS, US COE FOUNTAIN PAUL BASE FOUNTAIN CITY WI S4629 RCRA 3010 2/12/1988 COUNTY CIVIL CORPS OF ENGINEERS, USA-COE CANAL SITE MAIN ST. NORTH ST GEORGES NEWCASTLE DE 19733 RCRA 3016 2/12/1988 CIVIL CORPS OF ENGINEERS, USCOE-HAMILTON ISLAND LDFL BONNEVILLE LOCK & DAM NORTH BONNEVILLE WA 98639 RCRA 3016 2/12/1988 CIVIL CORPS OF ENGINEERS, WI LLAM ETIE FALLS LOCKS WEST LINN WEST LINN OR 97068 CERCLA 103 2/12/1988 CIVIL DEFENSE FUEL SUPPORT POINT- BOX 13736 TAMPA FL 33611 DEFENSE RCRA 3010 2/12/1988 TAMPA DLA-MUKILTEO DEFENSE FUEL FRONT ST & LOVELAND AVE MUKILTEO WA 9827S DEFENSE RCRA 3010 2/12/1988 SUPPORT POINT NGA-ST. LOUIS 3200 S. SECOND STREET ST. LOUIS MO 63118 DEFENSE RCRA 3010 2/12/1988 NGA-ST. LOUIS 8900 S. BROADWAY ST. LOUIS MO 63118 DEFENSE RCRA 3010 2/12/1988 Pentagon Pentagon Reservation ARLINGTON VA 20301 DEFENSE RCRA 3010 2/12/1988 RICHMOND DEFENSE SUPPLY JEFFERSON DAVIS HIGHWAY RICHMOND VA 23297 DEFENSE RCRA 300S 2/12/1988 CENTER U.S. SOLDIERS AND AIRMENS HOME MICHIGAN AVE NE WASHINGTON DC 20317 DEFENSE RCRA 3010 2/12/1988 CHARLESTON DEFENSE FUEL SUPPLY DEFENSE LOGISTICS N RHETI AVE HANAHAN sc 29406 RCRA 3010 2/12/1988 POINT AGENCY DEFENSE DISTRIBUTION REGION DEFENSE LOGISTICS HARRISBURG NEW CUMBERLAND PA 17070 RCRA 300S 2/12/1988 EAST AGENCY DEFENSE FUEL SUPPLY CENTER DEFENSE LOGISTICS 1S308 NORWALK BLVD NORWALK CA 906SO RCRA 3010 2/12/1988 NORWALK AGENCY DEFENSE LOGISTICS DEFENSE FUEL SUPPLY CENTER OZOL 700 CARQUINEZ SCENIC DRIVE. MARTINEZ CA 94SS3 RCRA 3010 2/12/1988 AGENCY DEFENSE FUEL SUPPORT POINT DEFENSE LOGISTICS GRAND FORKS AFB 42ND STREET GRAND FORKS ND S8201 RCRA 3010 2/12/1988 GRAND FORKS AGENCY DEFENSE FUEL SUPPORT POINT- DEFENSE LOGISTICS WEND OF lOTH STREET LYNN HAVEN FL 32444 RCRA 3010 2/12/1988 LYNN HAVEN AGENCY DEFENSE LOGISTICS Former Curtis Bay Depot 710 ORDINANCE RD BALTIMORE MD 21226 RCRA 300S 2/12/1988 AGENCY SAN PEDRO DEFENSE FUEL SUPPLY DEFENSE LOGISTICS 3171 N. GAFFEY STREET SAN PEDRO CA 90731 RCRA 3010 2/12/1988 CENTER AGENCY DEFENSE LOGISTICS U.S. DEFENSE FUEL SUPPORT POINT TRUNDY ROAD BOX 112 SEARSPORT ME 04974 RCRA 3010 2/12/1988 AGENCY U.S. DEFENSE FUEL SUPPORT POINT DEFENSE LOGISTICS RT 123 HARPSWELL (SOUTH) ME 04079 RCRA 3010 2/12/1988 CASCO AGENCY US DEFENSE FUEL SUPPORT PT DEFENSE LOGISTICS PATIERSON LANE NEWINGTON NH 03801 RCRA 3010 2/12/1988 NEWINGTON AGENCY US DEPT OF DEFENSE DFSP US HIGHWAY 41 DELTA COUNTY 001 DEFENSE LOGISTICS GLADSTONE Ml 49837 RCRA 3010 2/12/1988 ESCANABA (ESC) AGENCY US DOD DEF FUEL SUPPORT PLT DEFENSE LOGISTICS 4820 RIVER RD, HAMILTON COUNTY CINCINNATI OH 45233 RCRA 3010 2/12/1988 CINCINNATI AGENCY DEFENSE LOGISTICS US GSA FPRS CASAD DEPOT STATE RT.14 NEW HAVEN IN 46744 RCRA 3010 2/12/1988 AGENCY DEFENSE LOGISTICS VERONA DEFENSE FUEL SUPPORT PT. MAIN ST VERONA NY 13478 RCRA 3010 2/12/1988 AGENCY ALBANY RESEARCH CENTER 1450 SW QUEEN AVE ALBANY OR 97321 ENERGY RCRA 3010 2/12/1988 ANVIL POINTS 7 Ml W OF RIFLE RIFLE co 81650 ENERGY RCRA 3010 2/12/1988 ARGONNE NATIONAL LABORATORY 9700 S. CASS AVE DUPAGE COUNTY ARGONNE IL 60439 ENERGY RCRA 3005 2/12/1988 Bettis Atomic Power Laboratory P.O. BOX 109 WEST MIFFLIN PA 15122-0109 ENERGY RCRA 3005 2/12/1988 BROOKHAVEN NATIONAL 53 BELL AVE BLDG 464 UPTON NY 11973 ENERGY RCRA 3005 2/12/1988 LABORATORY COLONIE INTERIM STORAGE SITE 1130 CENTRAL AVE COLONIE NY 12205 ENERGY RCRA 3005 2/12/1988 ENERGY TECHNOLOGY ENGINEERING SANTA SUSANA MOUNT-TOP OF SIMI VALLEY CA 93064 ENERGY RCRA 3005 2/12/1988 CENTER WOOLSEY CANYON ERDA-NEW BRUNSWICK LAB 986 JERSEY AVENUE NEW BRUNSWICK NJ 08903 ENERGY CERCLA 103 2/12/1988 FERMI NATIONAL ACCELERATOR KIRK RD & PINE ST PO BOX 500 BATAVIA IL 60510 ENERGY RCRA 3005 2/12/1988 LABORATORY FERNALD ENVIRONMENTAL 7400 WILLY ROAD HAMILTON COUNTY FERNALD OH 45030 ENERGY RCRA 3005 2/12/1988 MANAGEMENT PROJECT HANFORD SITE HANFORD SITE RICHLAND WA 99352 ENERGY RCRA 3005 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date IDAHO NATIONAL ENGINEERING US HWY 20/26,40 Ml WEST OF IDAHO AND ENVIRONMENTAL LABORATORY IDAHO FALLS ID 83401 ENERGY RCRA 3005 2/12/1988 FALLS (IN EEL) KANSAS CITY PLANT 200 E 95TH ST KANSAS CITY MO 64131 ENERGY RCRA 3005 2/12/1988 KNOLlS ATOMIC POWER PROSPECT HILL ROAD WINDSOR CT 06095 ENERGY RCRA 3005 2/12/1988 LABORATORY WINDSOR SITE KNOLLS ATOMIC POWER 2401 RIVER RD NISKAYUNA NY 12309 ENERGY RCRA 3005 2/12/1988 LABORATORY KNOLLS ATOMIC POWER ATOMIC PROJECT ROAD WEST MILTON NY 12020 ENERGY RCRA 3005 2/12/1988 LABORATORY-KESSELRING SITE LAWRENCE BERKELEY LABORATORY 1 CYCLOTRON RD BERKELEY CA 94720 ENERGY RCRA 3005 2/12/1988 LAWRENCE LIVERMORE NATIONAL 7000 EAST AVE LIVERMORE CA 94550 ENERGY RCRA 3005 2/12/1988 LABORATORY LAWRENCE LIVERMORE NATIONAL CORRAL HOLLOW ROAD TRACY CA 95376 ENERGY RCRA 3005 2/12/1988 LABORATORY-SITE 300 LOS ALAMOS SCIENTIFIC WEST JEMEZ ROAD LOS ALAMOS NM 87544 ENERGY RCRA 3005 2/12/1988 LABORATORY MAYWOOD/ROCHELL MAYWOOD INTERIM STORAGE SITE. ROUTE 17 AND GROVE STREET. NJ 07662 ENERGY RCRA 3016 2/12/1988 E PARK. MIDDLESEX MIDDLESEX SAMPLING PLANT 239 MOUNTAIN AVE NJ 08846 ENERGY RCRA 3010 2/12/1988 BOROUGH NATIONAL RENEWABLE ENERGY 1617 COLE BLVD GOLDEN co 80401 ENERGY RCRA 3005 2/12/1988 LABORATORY PADUCAH GASEOUS DIFFUSION 5600 HOBBS ROAD WEST PADUCAH KY 42086 ENERGY RCRA 3005 2/12/1988 PLANT PINELLAS PLANT 7887 BRYAN DAIRY RD LARGO FL 34649-2900 ENERGY RCRA 3005 2/12/1988 PORTSMOUTH GASEOUS DIFFUSION 3930 U.S. ROUTE 23 SOUTH PIKETON OH 45661 ENERGY RCRA 3005 2/12/1988 PLANT HWY 93 BETWEEN GOLDEN AND ROCK FLATS SITE (USDOE) GOLDEN co 80007 ENERGY RCRA 3005 2/12/1988 BOULDER SANDIA NATIONAL LABORATORIES 1515 EUBANK SE ALBUQUERQUE NM 87123 ENERGY RCRA 3005 2/12/1988 SANDIA NATIONAL LABORATORY 7261 EAST AVE LIVERMORE CA 94550 ENERGY RCRA 3005 2/12/1988 SAVANNAH RIVER SITE BETWEEN SC HWY 125 & US HWY 278 AIKEN sc 29802 ENERGY RCRA 3005 2/12/1988 STANFORD LINEAR ACCELERATOR 2575 SAND HILL ROAD MENLO PARK CA 94025 ENERGY RCRA 3010 2/12/1988 CENTER TONOPAH TEST RANGE 140 Ml NW OF LAS VEGAS TONOPAH NV 89049 ENERGY RCRA 3005 2/12/1988 TUPMAN NAVAL PETROLEUM ELK HILLS, P.O. BOX 11 TUPMAN CA 93276 ENERGY RCRA 3016 2/12/1988 RESERVE #1 MOUND RD, PO BOX 66, MONTGOMERY US DOE MOUND FACILITY MIAMISBURG OH 45342 ENERGY RCRA 3005 2/12/1988 COUNTY US DOE NEVADA TEST SITE NEVADA OPERATIONS OFFICE PO BOX LAS VEGAS NV 89193-0851 ENERGY RCRA 3005 2/12/1988 (REYNOLD'S ELECT) 98518 US DOE PANTEX PLANT 2000 SOUTH HOUSTON PO BOX 30030 AMARILLO TX 79120 ENERGY RCRA 3005 2/12/1988 WAYNE INTERIM STORAGE 868 BLACK OAK RIDGE RD WAYNE NJ 07470 ENERGY RCRA 3010 2/12/1988 WELDON SPRINGS ORDNANCE ST HWY94 2 Ml 5 OF US 40 ST. CHARLES MO 63301 ENERGY RCRA 3010 2/12/1988 WORKS (FORMER) (QUARRY) ANDREW W. BREIDENBACH 26 W MARTIN LUTHER KING DR CINCINNATI OH 45268 EPA RCRA 3005 2/12/1988 ENVIRONMENTAL RESEARCH CTR ANN ARBOR MOTOR VEHICLE 2565 PLYMOUTH RD, WASHTENAW ANN ARBOR Ml 48105 EPA RCRA 3010 2/12/1988 EMISSION LABORATORY COUNTY CENTER HILL HAZARDOUS WASTE 5595 CENTER HILL ROAD CINCINNATI OH 45268 EPA RCRA 3005 2/12/1988 ENGRG RESEARCH LAB COMBUSTION RESEARCH FACILITY NCTR BLDG. 45 JEFFERSON #72070 AR 72079 EPA RCRA 3005 2/12/1988 CORVALLIS ENVIRONMENTAL 200 SW 35TH ST CORVALLIS OR 97333 EPA RCRA 3010 2/12/1988 RESEARCH LABORATORY MOBILE INCINERATOR-DEMMRY SE\1/4\ NW\1/4\ NW\1/4\ SEC 20 MCDOWELL MO 65769 EPA RCRA 3010 2/12/1988 FARM NATIONAL ENFORCEMENT DFC DENVER co 80225 EPA RCRA 3010 2/12/1988 INVESTIGATION CENTER OLD NAVY DUMP/MANCHESTER 7411 BEACH DR E MANCHESTER WA 98353 EPA RCRA 3010 2/12/1988 (USEPA/NOAA) REGION 5, ENVIRONMENTAL 536 5. CLARK STREET, lOTH FLOOR CHICAGO IL 60605 EPA RCRA 3010 2/12/1988 SERVICES DIVISION LAB REGION 7, ENVIRONMENTAL 25 FUNSTON ROAD KANSAS CITY KS 66115 EPA RCRA 3005 2/12/1988 SERVICES DIVISION LABORATORY TESTING AND EVALUATION FACILITY 1600 GEST ST CINCINNATI OH 45204 EPA RCRA 3005 2/12/1988 US ENVIRONMENTAL PROTECTION 6608 HORN WOOD DR HOUSTON TX 77074 EPA RCRA 3010 2/12/1988 LABORATORY GENERAL SERVICES BELLE MEAD SUPPLY DEPOT #1 RT 206 BELLE MEAD NJ 08502 RCRA 3010 2/12/1988 ADMINISTRATION GENERAL SERVICES BROOKLYN INFORMATION AGENCY 29TH & 3RD AVE, DOOR 15 BROOKLYN NY 11232 RCRA 3010 2/12/1988 ADMINISTRATION GENERAL SERVICES CUSTOMS FIELD OFFICE 1200 PENNSYLVANIA AVENUE WASHINGTON DC 20004 RCRA 3010 2/12/1988 ADMINISTRATION EMMANUEL CELLARD FEDERAL GENERAL SERVICES 225 CADMAN PLAZA BROOKLYN NY 11201 RCRA 3010 2/12/1988 BUILDING ADMINISTRATION GENERAL SERVICES EPA RARITAN DEPOT 4700 WOODBRIDGE AVENUE EDISON NJ 08817 RCRA 3005 2/12/1988 ADMINISTRATION GENERAL SERVICES FEDERAL BUILDING 252 7TH AVE NEW YORK NY 10001 RCRA 3010 2/12/1988 ADMINISTRATION

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Facility Name Address City State Zip Agency Reporting Mechanism Date GENERAL SERVICES FEDERAL CENTER 2306 EAST BANNISTER ROAD KANSAS CITY MO 64131-3088 RCRA3010 2/12/1988 ADMINISTRATION FORT WORTH FEDERAL SUPPLY GENERAL SERVICES SOl FELIX ST FORT WORTH TX 76101 RCRA3010 2/12/1988 CENTER ADMINISTRATION GENERAL SERVICES GENERAL SERVICES ROUGH & READY ISLAND BLDG 414 STOCKTON CA 9S203 RCRA3010 2/12/1988 ADMINISTRATION ADMINISTRATION GENERAL SERVICES HUBERT H. HUMPHREY BUILDING 200 INDEPENDENCE AVENUE, SW WASHINGTON DC 20201 RCRA 3016 2/12/1988 ADMINISTRATION GENERAL SERVICES KANSAS CITY lSOO BANNISTER ROAD KANSAS CITY MO 64131 RCRA3010 2/12/1988 ADMINISTRATION MERCHANDISE CONTROL SALES GENERAL SERVICES 6 WORLD TRADE CENTER NEW YORK NY 10048 RCRA3010 2/12/1988 SECTION ADMINISTRATION GENERAL SERVICES NEW YORK 201 VARICK ST NEW YORK NY 10014 RCRA3010 2/12/1988 ADMINISTRATION GENERAL SERVICES SE FEDERAL CENTER (WASHINGTON) 2ND AND M STREET, SE WASHINGTON DC 20407 RCRA3010 2/12/1988 ADMINISTRATION NAT INST OF ENVIRONMENTAL RESEARCH TRIANGLE HEALTH AND HUMAN SON ALEXANDER DR NC 27709 RCRA300S 2/12/1988 HEALTH SCIENCE PARK SERVICES HEALTH AND HUMAN NCI-FREDERICK CANCER RESEARCH FORT DETRICK FREDERICK MD 21701 RCRA3010 2/12/1988 SERVICES HEALTH AND HUMAN NIH-BETHESDA 9000 ROCKVILLE PIKE BETHESDA MD 20892 RCRA300S 2/12/1988 SERVICES AIDS TO NAVIGATION TEAM 7063 LIGHTHOUSE DRIVE SAUGERTIES NY 12477 HOMELAND SECURITY RCRA3010 2/12/1988 ALAMEDA COAST GUARD SUPPORT COAST GUARD GOVERNMENT ISLAND ALAMEDA CA 94S01 HOMELAND SECURITY RCRA3010 2/12/1988 CENTER BORINQUEN COAST GUARD AIR RAMEY AIR FORCE BASE AQUADILLA PR 00604 HOMELAND SECURITY RCRA3010 2/12/1988 STATION CG-ASTORIA COAST GUARD BASE HWY30ATTONGUE POINT ASTORIA OR 97103 HOMELAND SECURITY RCRA3010 2/12/1988 CG-COOS BAY ANT 4333 BOAT BASIN RD CHARLESTON OR 97420 HOMELAND SECURITY RCRA3010 2/12/1988 CG-KETCHIKAN BASE TONGASS HWY 1 Ml S OF KETCHIKAN KETCHIKAN AK 99901 HOMELAND SECURITY RCRA3010 2/12/1988 CG-KODIAK SUPPORT CENTER WOMANS BAY KODIAK ISL KODIAK AK 99619 HOMELAND SECURITY RCRA3010 2/12/1988 CG-LORAN STATION ON SITKINAK SITKINAK ISLAND OLD HARBOR AK 99643 HOMELAND SECURITY CERCLA 103 2/12/1988 CG-PORTLAND MARINE SAFETY 6767 N BASIN PORTLAND OR 97217 HOMELAND SECURITY RCRA3010 2/12/1988 COAST GUARD CHARLEVOIX COAST GUARD STATION 220 COASTGUARD ROAD CHARLEVOIX Ml 49720 HOMELAND SECURITY RCRA3010 2/12/1988 CORPUS CHRISTl COAST GUARD 1201 NAVIGATION BLVD CORPUS CHRISTl TX 78407 HOMELAND SECURITY RCRA3010 2/12/1988 DEPOT CURTIS BAY COAST GUARD YARD 2401 HAWKINS POINT RD BALTIMORE MD 21226 HOMELAND SECURITY RCRA3010 2/12/1988 DULUTH COAST GUARD STATION 1201 MINNESOTA AVE DULUTH MN SS802 HOMELAND SECURITY RCRA3010 2/12/1988 ELIZABETH CITY COAST GUARD HWY 34 S/4 MI. S. ELIZABETH CITY ELIZABETH CITY NC 27909 HOMELAND SECURITY RCRA300S 2/12/1988 SUPPORT CENTER FORT MACON COAST GUARD PO BOX 237 ATLANTIC BEACH NC 28S12 HOMELAND SECURITY RCRA3010 2/12/1988 STATION GALVESTON COAST GUARD BASE FERRY ROAD GALVESTON TX 77SSO HOMELAND SECURITY RCRA3010 2/12/1988 KEY WEST COAST GUARD STATION KEY WEST FL 33040 HOMELAND SECURITY RCRA3010 2/12/1988 MAYPORT COAST GUARD BASE PO BOX 385 MAYPORT FL 32267 HOMELAND SECURITY RCRA3010 2/12/1988 MIAMI BEACH COAST GUARD BASE 100 MACARTHUR CSWY MIAMI BEACH FL 33139 HOMELAND SECURITY RCRA3005 2/12/1988 MILWAUKEE COAST GUARD GROUP 2420 LINCOLN MEMORIAL DR MILWAUKEE WI 53207 HOMELAND SECURITY RCRA3010 2/12/1988 BASE NEW ORLEANS COAST GUARD BASE 4640 URQUHART STREET NEW ORLEANS LA 70117 HOMELAND SECURITY RCRA3010 2/12/1988 PLUM ISLAND ANIMAL DISEASE ROUTE 25 ORIENT POINT NY 11957 HOMELAND SECURITY RCRA 3016 2/12/1988 CENTER PORTSMOUTH COAST GUARD 4000 COAST GUARD . BLVD PORTSMOUTH VA 23703 HOMELAND SECURITY RCRA3010 2/12/1988 SUPPORT CENTER SAN FRANCISCO COAST GUARD BASE VERBA BUENA ISLAND SAN FRANCISCO CA 94130 HOMELAND SECURITY RCRA3010 2/12/1988 SAN PEDRO COAST GUARD SUPPORT 1801 SEASIDE AVE SAN PEDRO CA 90731 HOMELAND SECURITY RCRA3010 2/12/1988 CENTER SEA TILE COAST GUARD SUPPORT 1519 ALASKAN WAYS SEA TILE WA 98134 HOMELAND SECURITY RCRA3010 2/12/1988 CENTER SEA TILE COAST GUARD SUPPORT 2700 W COMMODORE WAY SEA TILE WA 98119 HOMELAND SECURITY RCRA3010 2/12/1988 CENTER ANNEX ST. PETERSBURG COAST GUARD 600 8TH AVE SE ST PETERSBURG FL 33701 HOMELAND SECURITY RCRA3010 2/12/1988 STATION SUPPORT CENTER GOVERNOR'S C/0 U.S. COAST GUARD GROUP GOVERNOR'S ISLAND NY 10004 HOMELAND SECURITY RCRA3010 2/12/1988 ISLAND U.S. COAST GUARD BASE SOUTH 259 HIGH ST SOUTH PORTLAND ME 04106 HOMELAND SECURITY RCRA3010 2/12/1988 PORTLAND U.S. COAST GUARD BUOY DEPOT TROTIER ROAD SOUTH WEYMOUTH MA 02190 HOMELAND SECURITY RCRA3005 2/12/1988 SOUTH WEYMOUTH WOODS HOLE COAST GUARD BASE UTILE HARBOR ROAD FALMOUTH MA 02543 HOMELAND SECURITY RCRA 3010 2/12/1988 AMCHITKA ISLAND 51-32 N 179-00 E AMCHITKA ISLAND AK 99502 INTERIOR RCRA3010 2/12/1988 BIA-INSPIRATION CNSLD. COPPER SEC 22-28,33-36, 2-4 TlN&S R14E MIAMI AZ 85539 INTERIOR CERCLA 103 2/12/1988 OXHIDE AREA BLM BRUNEAU OPEN DUMP T9S, R5E, SEC 4 BRUNEAU ID 83604 INTERIOR CERCLA 103 2/12/1988 BLM CA DESERT DISTRICT T10NR2W SEC7 BARSTOW CA 92311 INTERIOR CERCLA 103 2/12/1988 BLM CASSIA COUNTY #1 T 13S, R 21E, SEC 13 OAKLEY ID 83346 INTERIOR CERCLA 103 2/12/1988 BLM CASSIA COUNTY #2 T 12S R 21E, SEC 32 OAKLEY ID 83346 INTERIOR CERCLA 103 2/12/1988 BLM CASSIA COUNTY #3 T 12S R 21E, SEC 31 OAKLEY ID 83346 INTERIOR CERCLA 103 2/12/1988 T.5l.N.R.8.E. SEC.21, U.S. HWY 285 10M BLM CHAFFEE COUNTY LANDFILL SALIDA co 81201 INTERIOR CERCLA 103 2/12/1988 NORTH OF SALIDA

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Facility Name Address City State Zip Agency Reporting Mechanism Date BLM EAGLE COUNTY LANDFILL T.4. N.R.83.W. SEC.10 & 11 EAGLE co 81613 INTERIOR CERCLA 103 2/12/1988 BLM FREMONT T.48.N.R.12.E. SEC.19 COTOPAXI co 81223 INTERIOR CERCLA 103 2/12/1988 BLM ILLEGAL AIRSTRIP JOHN SECTION 6 T.11N.R.27.E FLATWILLOW MT S90S9 INTERIOR CERCLA 103 2/12/1988 GREYTAK BLM KREMMLING DUMP T.l.N.R.80.E. SEC.9 KREMMLING co 804S9 INTERIOR CERCLA 103 2/12/1988 BLM LAS CRUCES LANDFILL T23SR2ESEC11 LAS CRUCES NM 88001 INTERIOR RCRA 3016 2/12/1988 BLM OWYHEE CO, WILSON CREEK T1SR34ESEC13 MARSING ID 83639 INTERIOR CERCLA 103 2/12/1988 LDFL BLM PICKLES BUTTE (DAVIDSON'S T2NR3WSEC28 MISSOURI AV 2.5 Ml W- NAMPA ID 836S1 INTERIOR CERCLA 103 2/12/1988 AIR SERVICE) MORA CANAL BLM SAN MIGUEL LANDFILL #1 T.44.N.R.1S.W. SEC.26 NATURITA co 81422 INTERIOR CERCLA 103 2/12/1988 BLM SHOSHONE (GWINN CAVE) T4S R17E S14 SHOSHONE ID 833S2 INTERIOR RCRA 3016 2/12/1988 BLM SLUICE GULCH LEAKING AD IT T.6.SR.1S.W. SEC.S PHILLIPSBURG MT S98S8 INTERIOR CERCLA 103 2/12/1988 BLM-AARON MINING T28NR47ESEC9 ESMERELDA NV 89421 INTERIOR CERCLA 103 2/12/1988 BLM-AFTERTHOUGHT MINE T3SN, R2W, SEC 10 & 11 BELLAVISTA CA 96008 INTERIOR RCRA 3016 2/12/1988 BLM-ALL MINERALS INC T12NR46ESEC10 NYE NV 8904S INTERIOR CERCLA 103 2/12/1988 BLM-AMAX CHEMICAL COMPANY EDDY-COUNTY ARTESIA NM 88201 INTERIOR CERCLA 103 2/12/1988 BLM-AMERICAN BORATE COMPANY T18SR49ESEC1 NYE NV 89020 INTERIOR CERCLA 103 2/12/1988 BLM-ANTELOPE VALLEY PESTICIDE T2SNR42ESEC18 LANDER NV 89310 INTERIOR CERCLA 103 2/12/1988 SITE BLM-ARGENTUM MILL NE1/4 SEC 17 T3N R36E ESMERELDA COUNTY NV 89010 INTERIOR CERCLA 103 2/12/1988 BLM-ARTESIA LANDFILL T17SR2SESEC10 ARTESIA NM 88210 INTERIOR CERCLA 103 2/12/1988 BLM-ASARCO INC, SULVER BELL T12SR8ESEC2 AVRA VLY RD SILVER BELL AZ 8S6S8 INTERIOR CERCLA 103 2/12/1988 MINE & MILL BLM-ATLAS ASBESTOS CO TT8SR13E SEC 30, 31, 32 COALINGA CA 93210 INTERIOR RCRA 3016 2/12/1988 BLM-AUSTIN WELL T40NR3SESEC32 NUMBOLDT NV 9844S INTERIOR CERCLA 103 2/12/1988 BLM-BAR RESOURCES INC. T26NR49ESEC30 CARLIN NV 89822 INTERIOR CERCLA 103 2/12/1988 BUCKHORN MINE BLM-BLACK MESA DUMP T6S. R10E, SEC13 GLENNS FERRY ID 83623 INTERIOR CERCLA 103 2/12/1988 BLM-BLANCO LANDFILL T29NR10WSEC13 BLANCO NM 87412 INTERIOR CERCLA 103 2/12/1988 BLM-BLOOMFIELD LANDFILL T29N R11W S 34 BLOOMFIELD NM 88201 INTERIOR CERCLA 103 2/12/1988 BLM-BLUE CANYON T20SR5WSEC8 HATCH NM 87937 INTERIOR CERCLA 103 2/12/1988 BLM-BLUE DOME UNAUTHORIZED HWY 28, TlON R30E S30 BLUE DOME ID 83464 INTERIOR CERCLA 103 2/12/1988 DUMP BLM-BUNKER HILL COMPANY T1NR67ESEC29 LINCOLN NV 89043 INTERIOR CERCLA 103 2/12/1988 BLM-BUTTE NORTH ISOLATED TRACT T12S, R21E, SEC5 BURLEY ID 83318 INTERIOR CERCLA 103 2/12/1988 HAZARDOUS SITE BLM-CANDELARIA PARTNERS OMC T34NR35ESEC2233435 MINA NV 89422 INTERIOR RCRA 3010 2/12/1988 BLM-CARLIN GOLD MINE T35NR50ESEC14 CARLIN NV 89822 INTERIOR CERCLA 103 2/12/1988 BLM-CEDAR BUTTES END DUMPSITE T23S R32E S15 ROCKFORD ID 83221 INTERIOR CERCLA 103 2/12/1988 BLM-CENTRAL COVE LANDFILL T3N, R4W, SEC 8 AND 9 CALDWELL ID 83695 INTERIOR RCRA 3016 2/12/1988 BLM-CHAMPAGNE CREEK MINE T3N R24E S15 GROUSE ID 83242 INTERIOR RCRA 3016 2/12/1988 BLM-CHEVRON RED WASH UNIT T7SR7ESEC22 VERNAL UT 84078 INTERIOR RCRA 3016 2/12/1988 BLM-CHROMALLOY MINING & T42NR63ESEC11 ELKO NV INTERIOR CERCLA 103 2/12/1988 MILLING BLM-CLARKS AIR SERVICE AIRSTRIP- T6S, R9E, SEC27 GLENNS FERRY ID 83623 INTERIOR CERCLA 103 2/12/1988 JARBRIDGE RA BLM-CONGRESS CON GOLD MINE TlONR6WSEC22,23 CONGRESS AZ 85332 INTERIOR CERCLA 103 2/12/1988 BLM-CORTEZ JOINT VENTURE 727NR47ESEC13 BEOWAWE NV 89821 INTERIOR RCRA 3010 2/12/1988 BLM-COW HOLLOW HAZARDOUS T14S R31E S34 JUNIPER ID 83342 INTERIOR CERCLA 103 2/12/1988 WASTE DUMP BLM-CRESCENT MINING LTD (REST T28SFI1ESEC31 SEARCHLIGHT NV 89046 INTERIOR CERCLA 103 2/12/1988 MINE) BLM-CRESCENTVALLEY MILL T29NR48ESEC24 CRESCENT VALLEY NV 89821 INTERIOR CERCLA 103 2/12/1988 BLM-CYPRUS BAGDAD COPPER CO T14NR9WSEC8,9 AZ 86321 INTERIOR RCRA 3010 2/12/1988 BLM-CYPRUS MINING CORP T13NR46ESEC18 NYE NV 89045 INTERIOR CERCLA 103 2/12/1988 BLM-D&Z EXPLORATION COMPANY T28NR34ESEC32 LOVELOCK NV 89419 INTERIOR CERCLA 103 2/12/1988 BLM-DATELAND LANDFILL T78SR13WSEC3 DATELAND AZ 85333 INTERIOR CERCLA 103 2/12/1988 BLM-DEEGOLD MINING COMPANY T37NR50ESEC6 ELKO NV 89801 INTERIOR CERCLA 103 2/12/1988 BLM-DELAMAR SILVER MINE T15S R35E S4-9, 8 Ml W OF CITY SILVER CITY ID 83650 INTERIOR CERCLA 103 2/12/1988 BLM-DESERT MOUND MINE T35NR13WSEC35 CEDAR CITY UT 84720 INTERIOR RCRA 3016 2/12/1988 BLM-DOME LANDFILL T8SR20WSEC 13 DOME AZ 85364 INTERIOR CERCLA 103 2/12/1988 BLM-DOUBLE EAGLE INC., LOWER T28NFI34ESEC18 LOVELOCK NV 89419 INTERIOR CERCLA 103 2/12/1988 ROCHESTER BLM-DOUGLAS COUNTY LANDFILL T12NR21ESEC18 GARDNERVILLE NV 89410 INTERIOR CERCLA 103 2/12/1988 BLM-DRESSER MINERALS, GREYSTON T28NR46ESEC16 BATTLE MOUNTAIN NV 89820 INTERIOR CERCLA 103 2/12/1988 MINE BLM-DRY LAKES AIR SERVICE TlN R3W S26 MELBA ID 83641 INTERIOR CERCLA 103 2/12/1988 BLM-DUVAL CORP. MINE SITE T31NR43ESEC23,24,25 BATTLE MOUNTAIN NV 89820 INTERIOR CERCLA 103 2/12/1988 BLM-DUVAL CORP., MINERAL PARK T23 N R17WS18-20,30,31. KINGMAN AZ 86431 INTERIOR CERCLA 103 2/12/1988 PROP BLM-DUVAL CORPORATION 20 MILES EAST OF CARLSBAD CARLSBAD NM 87413 INTERIOR RCRA 3016 2/12/1988 BLM-EDDY POTASH COMPANY 3071 POTASH MINE ROAD CARLSBAD NM 88220 INTERIOR CERCLA 103 2/12/1988 BLM-EDMONDS UNAUTHORIZED T7NR38ESEC24&25 EDMONDS ID INTERIOR CERCLA 103 2/12/1988 DUMP BLM-EISMAN CHEMICAL COMPANY T34NR62ESEC32 CARLIN NV 89822 INTERIOR CERCLA 103 2/12/1988 BLM-EL CAPITAN QUARRY T15SR1E SEC 1 LAKESIDE CA 92040 INTERIOR RCRA 3016 2/12/1988 BLM-ELYCRUDE OIL COMPANY T9NR57ESEC35 ELY NV 89301 INTERIOR CERCLA 103 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date BLM-ENLO POWERHOUSE AKA T40NR27ESEC13 OROVILLE WA 98844 INTERIOR CERCLA 103 2/12/1988 SIMILKAMEEN BLM-FLORA VISTA LANDFILL T30NR12W SEC3 FLORA VISTA NM 8741S INTERIOR RCRA 3016 2/12/1988 BLM-FRYE CANYON TAILING T36SR16ESEC34 HITE UT 84S11 INTERIOR CERCLA 103 2/12/1988 BLM-FT SODA DISPOSAL SITE T12NR8E SEC 11 BAKERSFIELD CA 92390 INTERIOR CERCLA 103 2/12/1988 BLM-GERMAN LAKE T7SR2SESEC.10 MINIDOKA ID 83343 INTERIOR CERCLA 103 2/12/1988 BLM-GOLDEN VALLEY LANDFILL HWY 681 MI. W. OF HWY 93 JCT KINGMAN AZ 86401 INTERIOR CERCLA 103 2/12/1988 BLM-GRACE ILLEGAL DUMP TlOS R39E S24 NE SENE GRACE ID 83241 INTERIOR CERCLA 103 2/12/1988 BLM-HAMMETT DUMP TSS R9E S28 SENE HAMMETT ID 83627 INTERIOR CERCLA 103 2/12/1988 BLM-HATCH LANDFILL T19S R3W SEC 4 LOT 1 HATCH NM 87937 INTERIOR CERCLA 103 2/12/1988 BLM-HULET DUMP T3S R1E S1S NE NE MURPHY ID 836SO INTERIOR CERCLA 103 2/12/1988 BLM-HWS GOLD & SILVER MINE ELK T29N R8E S23 ELK CITY ID 83S2S INTERIOR RCRA 3016 2/12/1988 CITY BLM-I&W HOT OIL SERVICE T17S, R31E, SEC 21 LOCO HILLS NM 8741S INTERIOR CERCLA 103 2/12/1988 SO Ml SW OF WAINWRIGHT70 BLM-ICY CAPE DEW LINE SITE WAINWRIGHT AK 99782 INTERIOR CERCLA 103 2/12/1988 DEG.18'00" N, 161 DEG.SS'OO" W BLM-IMCO SERVICES INC T28NR44ESEC4 AND T28NR46ESEC32 BATTLE MOUNTAIN NV 89620 INTERIOR CERCLA 103 2/12/1988 BLM-INSPIRATIDN CON. CHRISTMAS T4SR16ESEC17-29 AZ 8S23S INTERIOR CERCLA 103 2/12/1988 BLM-INSPIRATIDN CON. COPPER- T1NR4ES2, 7, 9 INSPIRATION AZ 8SS32 INTERIOR CERCLA 103 2/12/1988 INSPIRAREA BLM-INTERMOUNTAIN T26SR64ESEC9 BOULDER CITY NV 8900S INTERIOR CERCLA 103 2/12/1988 EXPLORATION BLM-INTERNATIDNAL MINERAL AND P.O. BOX 71 CARLSBAD NM 88220 INTERIOR CERCLA 103 2/12/1988 CHEMICAL BLM-JET FUEL REFINERY SITE T14N R31E, 4 Ml E OF MOSBY MOSBY MT S90S8 INTERIOR CERCLA 103 2/12/1988 BLM-JUPITER GOLD COMPANY T33NR37ESEC1 WINNEMUCCA NV 8944S INTERIOR CERCLA 103 2/12/1988 T40N R2SE S23 MID NE\1/4\, 4 Ml NW OF BLM-KABBA-TEXAS MINE OROVILLE WA 98844 INTERIOR RCRA 3016 2/12/1988 CITY BLM-KEMCO BUSTER MINE TSSR39ESEC2S,26 GOLDFIELD NV 89013 INTERIOR CERCLA 103 2/12/1988 BLM-KENNECOTT MINERALS CO. T2SR13ESEC36 AZ 8S273 INTERIOR CERCLA 103 2/12/1988 MINES PIT BLM-KERR MCGEE POTASH LEE COUNTY HOBBS NM 88240 INTERIOR CERCLA 103 2/12/1988 COMPANY BLM-KIRTLAND LANDFILL T30NR14WSEC31 KIRTLAND NM 87412 INTERIOR RCRA 3016 2/12/1988 WEST SIDE OF HARRISON BAY 60 Ml NW BLM-KOGRU RIVER DEWLINE SITE NUIQSUT AK 99789 INTERIOR CERCLA 103 2/12/1988 OF NUIQSUT BLM-LA MESA LANDFILL T2SS, R2E, SEC 34 LAMESA NM 88044 INTERIOR CERCLA 103 2/12/1988 BLM-LA UNION LANDFILL T27SR3ESEC18 LA UNION NM 88021 INTERIOR CERCLA 103 2/12/1988 BLM-LAKE HAVASU SAN. DISTRICT T14NR2DWSEC13,14 LAKE HAVASU AZ 86403 INTERIOR CERCLA 103 2/12/1988 BLM-LEEACRES LANDFILL T29NR12WSEC22 FARMINGTON NM 87401 INTERIOR RCRA 3016 2/12/1988 BLM-LESLIE DUMP SITE-1 T7N R2SE S34, l.S Ml N OF CITY LESLIE ID 83249 INTERIOR CERCLA 103 2/12/1988 BLM-LESLIE DUMP SITE-4 T6N R24E S18, 4 Ml SW OF CITY LESLIE ID 83429 INTERIOR CERCLA 103 2/12/1988 BLM-LOCO HILLS LANDFILL T17SR30ESEC22-EDDY COUNTY LOCO HILLS NM 882SS INTERIOR CERCLA 103 2/12/1988 T48N R2 & R3W CATALDO/ ROSE BLM-LOWER COEUR D'ALENE RIVER HARRISON ID 83833 INTERIOR CERCLA 103 2/12/1988 LAKE/HARRISON BLM-L YTLE BOULEVARD DUMP T19S R46E S31 & T20S R46E S31 VALE DR 97918 INTERIOR RCRA 3016 2/12/1988 BLM-MARATHON OIL CO., INDIAN NOT FOUND IN REGION NM INTERIOR CERCLA 103 2/12/1988 BASIN PLANT BLM-MCDERMITT MINE T47NR37ESEC2021272 MCDERRNITT NV 89421 INTERIOR CERCLA 103 2/12/1988 BLM-MENAN UNAUTHORIZED DUMP T6N R38E S27 SE\1/4\ MADISON ID 83440 INTERIOR CERCLA 103 2/12/1988 BLM-MERLIN LDFL T3,SR6WSEC27 MERLIN DR 97S32 INTERIOR RCRA 3016 2/12/1988 BLM-MESILLA DAM LANDFILL T24W, R1E, SEC 14 MESILLA NM 88046 INTERIOR CERCLA 103 2/12/1988 BLM-MINERALS CONCENTRATES T3SNR37ESEC12 HUMBOLDT NV 8944S INTERIOR CERCLA 103 2/12/1988 BLM-MINERALS MANAGEMENT, INC- T3NR36SSSEC6S-BETWEEN HWY 6 & 9S. COLUMBUS MARSH NV 89010 INTERIOR CERCLA 103 2/12/1988 ARGENTUM MILL BLM-MINEXCO MILLSITE T9SR42ESEC8 BAKER DR 97814 INTERIOR RCRA 3016 2/12/1988 BLM-MOL YCORP INC T1SNR1SE SEC 3 MOUNTAIN PASS CA 92366 INTERIOR CERCLA 103 2/12/1988 BLM-MONTELLD SHELLITE T40NR69ESEC34 MONTELLO NV 89830 INTERIOR CERCLA 103 2/12/1988 BLM-MONTRDSE COUNTY DUMP 4 Ml NE MONTROSE T48N R19W SEC22 MONTROSE co 81401 INTERIOR CERCLA 103 2/12/1988 BLM-MORGAN'S PASTURE ROAD TINR34ESEC33&34 ID INTERIOR CERCLA 103 2/12/1988 DUMP BLM-MT. HOPE MINE T22NRS1ESEC12 ELY NV 89301 INTERIOR CERCLA 103 2/12/1988 BLM-MULTI-METALLICS INC T37NR1ESEC2S WINNEMUCCA NV 8944S INTERIOR CERCLA 103 2/12/1988 BLM-NATIDNAL POTASH CO EDDY & LEE COUNTYS CARLSBAD NM 88220 INTERIOR CERCLA 103 2/12/1988 BLM-NEEDLES LANDFILL T89R2SE SEC 18 NEEDLES CA 92363 INTERIOR CERCLA 103 2/12/1988 BLM-NEVADA BARTH CORPORATION T31NRS1ESEC7,8 PALISADE NV 89822 INTERIOR CERCLA 103 2/12/1988 BLM-NEW PASS RESOURCES INC. T2DNR40ESEC10 AUSTIN NV 89310 INTERIOR CERCLA 103 2/12/1988 BLM-NORTH CREEK MILL T6NR29ESEC6 ID INTERIOR CERCLA 103 2/12/1988 BLM-ORCHARD MESA LANDFILL T2SR1ESEC4, S HWY S.-SW OF 29 3/4 RD GRAND JUNCTION co 81S06 INTERIOR CERCLA 103 2/12/1988 BLM-ORMSBY LANDFILL T1SNR20-21ESEC1,12,7700 HWY SOE CARSON CITY NV 89701 INTERIOR CERCLA 103 2/12/1988 BLM-OROVILLE LANDFILL T40NR27ESEC18 OROVILLE WA 98844 INTERIOR CERCLA 103 2/12/1988 BLM-OWYHEE CO GRANDVIEW T6SR4ESEC14 ID INTERIOR CERCLA 103 2/12/1988 LANDFILL BLM-OWYHEE CO. MARSING- JOHNSON RD. T4N RSW S32 SW 1/4 ID 83639 INTERIOR CERCLA 103 2/12/1988 MARSING/HOMEDALE LF. HOMEDALE BLM-PEARD BAY DEWLINE SITE SO M I SW OF BARROW BARROW AK 99723 INTERIOR CERCLA 103 2/12/1988 BLM-PESTCIDE DUMP REYNOLDS T2S R3W S31 REYNOLDS ID 836SO INTERIOR CERCLA 103 2/12/1988 BLM-PESTICIDE DUMP MURPHY T3S R1W S3S MURPHY ID 836SO INTERIOR CERCLA 103 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date BLM-PUMP STATION 12 DUMP SITE T45 R1E 526 NWSW COPPER CENTER AK 99573 INTERIOR CERCLA 103 2/12/1988 BLM-QUINN RIVER VALLEY T43NR36ESEC18 HUMBOLDT CITY NV 89445 INTERIOR CERCLA 103 2/12/1988 BLM-RANCHERS EXPLO & DEV CORP. T1NR124ESEC35,36 AZ 85501 INTERIOR CERCLA 103 2/12/1988 BLUEBIRD MINE 56 Ml DOWN KUSKOKWIM RVR FR BLM-RED DEVIL MINE WASTE POND RED DEVIL AK 99656 INTERIOR RCRA 3016 2/12/1988 SLEETMUTE T19N R44W 56, 61 DEG BLM-REEDER FLYING SERVICE T95 R12E 513 W\1/ 2\ SE \1/4\ BUHL ID 83316 INTERIOR CERCLA 103 2/12/1988 AIRSTRIP #2 BLM-REEDER FLYING SERVICE T85, R13E, SEC 6 GLENNS FERRY ID 83623 INTERIOR CERCLA 103 2/12/1988 AIRSTRIP #3 BLM-REEDER FLYING SERVICE T8SR12ESEC33 ID INTERIOR CERCLA 103 2/12/1988 AIRSTRIP SITE BLM-ROLL LANDFILL T175R17WSEC34 AZ 85343 INTERIOR CERCLA 103 2/12/1988 BLM-SAGWON AIRSTRIP DUMP TlSN R14E 510&11 SAG WON AK 99734 INTERIOR RCRA 3016 2/12/1988 BLM-SAN MIGUEL LANDFILL #2 T44N R17W SEC 18 SLICK ROCK co 81333 INTERIOR CERCLA 103 2/12/1988 BLM-SAWPITTRAM SITE (ORE T43NR10WSEC18 SAW PIT co INTERIOR CERCLA 103 2/12/1988 STORAGE) BLM-SHELL OIL CO. OF CALIFORNIA T31SR22ESEC21 TAFT CA INTERIOR CERCLA 103 2/12/1988 GORE B BLM-SILVER MAPLE CLAIMS T2SR4ESEC3, 4 UTAH HWY 248 PARK CITY UT 84060 INTERIOR RCRA 3016 2/12/1988 BLM-SLANA DUMP SITE MILE 67 OF DENALI HWY CANTWELL AK 99729 INTERIOR CERCLA 103 2/12/1988 BLM-SLIDES DUMP SITE TISSR46ESEC35 LOTS 1, 2 ONTARIO OR 97914 INTERIOR RCRA 3016 2/12/1988 BLM-SMOKEYVALLEY MINING TlONR44ESEC18-20,29. ROUND MOUNTAIN NV 89045 INTERIOR CERCLA 103 2/12/1988 COMPANY BLM-SOUTH FARMINGTON LANDFILL T29N, R13W, SEC 20 FARMINGTON NM 87401 INTERIOR RCRA 3016 2/12/1988 BLM-SPRINGFIELD UNAUTHORIZED T35 R32E 515,6 Ml N OF CITY SPRINGFIELD ID 83277 INTERIOR CERCLA 103 2/12/1988 DUMPSITE BLM-STANDARD GOLD MINE T30NR33ESEC1 IMLAY NV 89418 INTERIOR CERCLA 103 2/12/1988 BLM-STANDARD TRANSPIPE CORP 5. OF ALAMOGORDO, NM ON HWY 54 ALAMOGORDO NM 88310 INTERIOR CERCLA 103 2/12/1988 BLM-SUSANVILLE HORSE CORRALS T29NR1SESEC9 6 Ml NW OF SUSANVILLE SUSANVILLE CA 96130 INTERIOR CERCLA 103 2/12/1988 SITE 1 Ml 5 OF TANACROSS ON AK HWY 63 BLM-TANACROSS AIRFIELD TANACROSS AK 99776 INTERIOR CERCLA 103 2/12/1988 DEG. 22'00" N, 143 BLM-TANGLE LAKES DUMP SITE MILE 22 DEN ELL HWY PAXSON AK 99737 INTERIOR CERCLA 103 2/12/1988 BLM-THORIUM CITY WASTE DUMP TlOSR15WSEC21, 22, 27,28 GRANT MT 59734 INTERIOR CERCLA 103 2/12/1988 BLM-TOWN OF MESA LANDFILL TlOS, R96W, SEC22 MOLINA co 81646 INTERIOR CERCLA 103 2/12/1988 BLM-TUNGSTEN MILL TAILINGS T4WR9WSEC4, 5, 9 GLEN MT 59732 INTERIOR CERCLA 103 2/12/1988 BLM-TWIN FALLS CO #4 T125 R19E 511 MURTAUGH ID 83344 INTERIOR CERCLA 103 2/12/1988 BLM-TWIN FALLS CO #5 T125 R19E 512 MURTAUGH ID 83344 INTERIOR CERCLA 103 2/12/1988 BLM-TWIN FALLS CO MURTAUGH T115 R19E 510 MURTAUGH ID 83344 INTERIOR CERCLA 103 2/12/1988 (EAST) LANDFILL BLM-UNION CARBIDE CORP T3SR56ESEC26 LINCOLN NV 89001 INTERIOR CERCLA 103 2/12/1988 (EMERSON MINE) BLM-UNION CARBIDE JOE MINE T18SR 12E SEC 24 & 25 COALINGA CA 93210 INTERIOR CERCLA 103 2/12/1988 BLM-UNION PACIFIC R/W T8SR67ESEC23 LINCOLN NV 89008 INTERIOR RCRA 3016 2/12/1988 BLM-UNIVERSAL GAS INC R35NR50ESEC10 EUREKA NV 89316 INTERIOR CERCLA 103 2/12/1988 BLM-UPPER UTILE LOST T11N R26E 510,12 Ml NW OF CITY CLYDE ID 83244 INTERIOR CERCLA 103 2/12/1988 UNAUTHORIZED DUMP BLM-UTAH INTERNATIONAL INC T34NR34ESEC35,36 IMLAY NV 89418 INTERIOR CERCLA 103 2/12/1988 BLM-VALE CITY DUMPSITE TI8SR45ESEC32 VALE OR 97918-0008 INTERIOR RCRA 3016 2/12/1988 BLM-VALLECITOS OILFIELD T16SR11E SEC 25 HOLLISTER CA 95023 INTERIOR CERCLA 103 2/12/1988 BLM-VETA GRANDE MINING T119421ESEC3,4,9, HWY 3955 GARDNERVILLE NV 89410 INTERIOR CERCLA 103 2/12/1988 COMPANY BLM-WASTE ELEC TRANSFORMER T4SR1 WSEC17 ,20 SOCORRO NM 87801 INTERIOR CERCLA 103 2/12/1988 SITE NO, 1, BLM-WATERFLOW LANDFILL T30 NR 16W SEC35 WATERFLOW NM 87421 INTERIOR CERCLA 103 2/12/1988 T19NR22ESEC24,36, 20 Ml E OF RENO BLM-WEST COAST OIL 9 GAS CORP STOREY COUNTY NV 89400 INTERIOR RCRA 3010 2/12/1988 OFF HWY 80. BLM-WESTERN WINDFALL LTD T18NR53ESEC1,2 EUREKA NV 89316 INTERIOR CERCLA 103 2/12/1988 BLM-ZONIA COPPER MINE T11NR4WSEC12, 13, 14 STAR RT KIRKLAND AZ 86332 INTERIOR CERCLA 103 2/12/1988 BOULDER CY ENGINEERING LAB (BR- 500 DATE ST BOULDER CITY NV 89005 INTERIOR RCRA 3005 2/12/1988 BR-ARIZONA PROJECTS OFFICE 2636 N. 7TH STREET PHOENIX AZ 85068 INTERIOR RCRA 3016 2/12/1988 BR-GRAND COULEE DAM PROJECT HWY 155 N OF JCT HWY 174 COULEE DAM WA 99116 INTERIOR RCRA 3010 2/12/1988 BR-PARKER DAM PARKER CA 92267 INTERIOR RCRA 3010 2/12/1988 BR-YUMA DESALTING PLANT 7301 CALLE AGUA SALADA YUMA AZ 85364 INTERIOR RCRA 3005 2/12/1988 COTIONWOOD CANYON T37SR21ESEC3 HITE UT 84511 INTERIOR RCRA 3016 2/12/1988 FWS-ALASKA MARITI ME NWR: 51D32MOOSN, 179DOOMOOSE AMCHITKA AK 99546 INTERIOR RCRA 3010 2/12/1988 AMCHITKA ISLAND FWS-ARCTIC NWR: BROWNLOW 70 Ml E OF DEAD HORSE/ PRUDHOE BAY DEADHORSE AK 99734 INTERIOR CERCLA 103 2/12/1988 POINT DEWLINE SITE FWS-ARCTIC NWR: DEMARCATION 65 Ml SE OF KAKTOVIK KAKTOVIK AK 99747 INTERIOR CERCLA 103 2/12/1988 POINT DEWLINE SITE FWS-BAKER ISLAND NATIONAL OD11M30SN, 176D29MOSW HONOLULU HI 96850 INTERIOR RCRA 3016 2/12/1988 WILDLIFE REFUGE FWS-BARNEGAT DIVISION, EDWIN B. PO BOX 544 BARNEGAT NJ 8005 INTERIOR RCRA 3016 2/12/1988 FORSYTHE NWR FWS-CHARLES M. RUSSELL P.O. BOX 110 LEWISTOWN MT 59457 INTERIOR RCRA 3010 2/12/1988 NATIONAL WILDLIFE REFUGE FWS-CLAY COUNTY WATERFOWL P.O. BOX 1686 KEARNEY NE 68848-1686 INTERIOR CERCLA 103 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date PRODUCTION AREA-MCMURTREY MARSH FWS-CRAB ORCHARD NWR: ORDILL INDUSTRIAL AREA, WILLIAMSON CARTERVILLE IL 62918 INTERIOR RCRA 3005 2/12/1988 SANGAMO ELECTRIC DUMP COUNTY FWS-EASTERN SHORE OF VIRGINIA 5003 HALLET CIRCLE CAPE CHARLES VA 23310-1128 INTERIOR RCRA 3016 2/12/1988 NATIONAL WILDLIFE REFUGE FWS-GREATSWAMP NATIONAL 152 PLEASANT PLAINS ROAD BASKING RIDGE NJ 07920-9615 INTERIOR RCRA 3016 2/12/1988 WILDLIFE REFUGE FWS-HOWLAND ISLAND NATIONAL 300ALA MOANA BLVD HONOLULU HI 98813 INTERIOR RCRA 3016 2/12/1988 WILDLIFE REFUGE FWS-IROQUOIS NATIONAL WILDLIFE P.O. BOX 517 ALABAMA NY 14003 INTERIOR RCRA 3016 2/12/1988 REFUGE FWS-JOHN HEINZ NATIONAL 21NTERNATIONAL PLAZA, SUITE 104 PHILADELPHIA PA 19113-1505 INTERIOR CERCLA 103 2/12/1988 WILDLIFE REFUGEATTINICUM FWS-KENAI NWR: SWANSON RIVER SWANSON LAKE RD, 60D43MOOSN, KENAI AK 99611 INTERIOR RCRA 3016 2/12/1988 OIL FIELD 1SODS1MOOSW FWS-LACASSINE NATIONAL WILDLIFE HCR 63, BOX 186 LAKE ARTHUR LA 70549 INTERIOR CERCLA 103 2/12/1988 REFUGE FWS-NINIGRET NATIONAL WILDLIFE SHORELINE PLAZA, ROUTE 1A, P.O. BOX CHARLESTOWN Rl 02813-0307 INTERIOR RCRA 3016 2/12/1988 REFUGE 307 FWS-OCCOQUAN BAY NATIONAL DAWSON BEACH ROAD WOODBRIDGE VA 22191 INTERIOR RCRA 3016 2/12/1988 WILDLIFE REFUGE FWS-PATUXENT RESEARCH REFUGE 12100 BEECH FOREST ROAD LAUREL MD 20708-4036 INTERIOR RCRA 3016 2/12/1988 FWS-SEAL ISLAND NATIONAL P.O. BOX 1077 CALAIS ME 04169 INTERIOR CERCLA 103 2/12/1988 WILDLIFE REFUGE GATEWAY NATIONAL RECREATIONAL SANDY HOOK- FORT HANCOCK NJ 07732 INTERIOR RCRA 3010 2/12/1988 AREA BROOKLYN MONTEZUMA NATIONAL WILDLIFE 3395 ROUTE 5 & 20 EAST SENECA FALLS NY 13148 INTERIOR RCRA 3016 2/12/1988 REFUGE NATIONAL BISON RANGE CRAY RD 212 IN MOLESE MOIESE MT 59824 INTERIOR RCRA 3010 2/12/1988 NATIONAL PARK SERVICE, DENVER 755 PARFET ST, BOX 25287 DENVER co 80225 INTERIOR RCRA 3016 2/12/1988 SERVICE CTR NATIONAL WATER QUALITY 5293 WARD RD DENVER co 80002 INTERIOR RCRA 3010 2/12/1988 LABORATORY NPS GETTYSBURG NAT'L MIL PARK R D I GETTYSBURG PA 17325 INTERIOR CERCLA 103 2/12/1988 NPS-CRATER LAKE NATIONAL PARK HWY 62 NW OF FORT KLAMATH CRATER LAKE OR 97604 INTERIOR RCRA 3010 2/12/1988 CAPE KRUSENSTERN NATIONAL NPS-NAGLATUK HILL KOTZEBUE AK 99752 INTERIOR RCRA 3016 2/12/1988 MONUMENT NPS-PROVINCETOWN SANITARY W OFF OF RACE POINT RD PROVINCETOWN MA 02657 INTERIOR CERCLA 103 2/12/1988 LANDFILL NPS-UNITED NUCLEAR OLD RTE 55 PAWLING NY 12564 INTERIOR CERCLA 103 2/12/1988 NPS-WRANGELL ST ELIAS NP&P: T245 R32E 531, 59 DEG.42'30" N, 140 GLENNALLEN AK 99588 INTERIOR CERCLA 103 2/12/1988 MALASPINA DRILLING MUD SITE DEG.37'30"W NPS-YOSEMITE YOSEMITE NATL PARK YOSEMITE CA 95389 INTERIOR RCRA 3010 2/12/1988 ORE BUYING STATION-MOAB T26SR22ESEC6 PARCLABC MOAB UT 84532 INTERIOR RCRA 3016 2/12/1988 PENNSYLVANIAAVE/FOUNTAIN AVE PENNSYLVANIA AVE, SHORE PKWY BROOKLYN NY 11207 INTERIOR RCRA 3010 2/12/1988 LANDFILLS SEPT AGE TREATMENT FACILITY/OLD EAST OFF ROUTE 6 SOUTH WELLFLEET MA 02667 INTERIOR RCRA 3016 2/12/1988 CAMP WELLFLEET US BUREAU OF MINES 626 COCHRANS MILL BRUCETON PA 15025 INTERIOR RCRA 3010 2/12/1988 USDOI-BR MINIDOKA DAM RT 4, BOX 292 RUPERT ID 83350 INTERIOR RCRA 3010 2/12/1988 AMES RESEARCH CENTER ENVIRONMENTAL HEALTH & SAFETY MOFFETI FIELD CA 94035 NASA RCRA 3010 2/12/1988 GLENN RESEARCH CENTER PLUM 6100 COLUMBUS AVE SANDUSKY OH 44870 NASA RCRA 3010 2/12/1988 BROOK STATION GODDARD SPACE FLIGHT CENTER GREENBELT ROAD GREENBELT MD 20771 NASA RCRA 3010 2/12/1988 JET PROPULSION LABORATORY 4800 OAK GROVE DR PASADENA CA 91109 NASA RCRA 3010 2/12/1988 STENNIS SPACE JOHN C STENNIS SPACE CENTER SSC BLDG 1100 MS 39529 NASA RCRA 3005 2/12/1988 CENTER JOHN GLENN RESEARCH CENTER 21000 BROOKPARK ROAD CLEVELAND OH 44135 NASA RCRA 3010 2/12/1988 KENNEDY SPACE KENNEDY SPACE CENTER NASA MAIL CODE OF-EMS FL 32899 NASA RCRA 3005 2/12/1988 CENTER L.B. JOHNSON SPACE CENTER 2101 NASA ROAD HOUSTON TX 77058 NASA RCRA 3005 2/12/1988 LANGLEY AIR FORCE BASE/NASA OFF STATE HIGHWAY 187 HAMPTON VA 23665 NASA RCRA 3010 2/12/1988 LANGLEY RESEARCH CENTER NASA SANTA SUSANA FIELD WOODLSEY CANYON ROAD SIMI VALLEY CA 91304 NASA RCRA 3005 2/12/1988 LABORATORY NASA WALLOPS ISLAND RTE 175 WALLOPS ISLAND VA 23337 NASA RCRA 3010 2/12/1988 WHITE SANDS TEST FACILITY 14 Ml E AND 6 Ml N OF LAS CRUCES LAS CRUCES NM 88004 NASA RCRA 3005 2/12/1988 51D54M005N, 176D45MOOSW N END OF ADAK NAVAL FACILITY ADAK AK 99546 NAVY RCRA 3005 2/12/1988 ADAK ISLAND ALBANY MARINE CORPS LOGISTICS FLEMING RD ALBANY GA 31704 NAVY RCRA 3005 2/12/1988 BASE ALLEGANY BALLISTICS LABORATORY WEST VIRGINIA SECONDARY ROUTE 9 ROCKET CENTER wv 26726 NAVY RCRA 3005 2/12/1988 APRA HARBOR NAVAL COMPLEX APRA HARBOR NAVAL COMPLEX PITI GU 96630 NAVY CERCLA 103 2/12/1988 BANGOR NAVAL SUBMARINE BASE 1101 TAUTOG CIRCLE SILVERDALE WA 98315 NAVY RCRA 3005 2/12/1988 BARBERS POINT NAVAL AIR STATION BARBERS POl NT HI 96882 NAVY RCRA 3010 2/12/1988 BARBERS POINT PUBLIC WORKS PUBLIC WORKS CENTER BARBERS POl NT HI 96862 NAVY RCRA 3005 2/12/1988 CENTER BLOODSWORTH ISLAND CHESAPEAKE BAY, 4 MI. SOUTH OF CROCHERON MD 21627 NAVY CERCLA 103 2/12/1988 BOMBARDMENT RANGE CROCHERON

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Facility Name Address City State Zip Agency Reporting Mechanism Date BRISTOL NAVAL WEAPONS 100 VANCE TANK ROAD RAYTHEON BRISTOL TN 36720-5698 NAVY RCRA 3016 2/12/1988 INDUSTRIAL RESERVE PLANT COMPANY BRUNSWICK NAVAL AIR STATION 1251 ORION STREET BRUNSWICK ME 04011-5009 NAVY RCRA3005 2/12/1988 CAMP LEJEUNE MILITARY NC HWY 24 & US HWY 16 CAMP LEJEUNE NC 28542 NAVY RCRA3005 2/12/1988 RESERVATION CAMP PEARY DOD CAMP PEARY-PO BOX 1447 WILLIAMSBURG VA 23185 NAVY RCRA3010 2/12/1988 CAMP WESLEY HARRIS MARINE SEABECK HWY 3 Ml W OF CY BREMERTON WA 98310 NAVY RCRA3010 2/12/1988 FACILITY CECIL FIELD NAVAL AIR STATION 103RD ST. & NORMANDY BLVD CECIL FIELD FL 32215 NAVY RCRA3005 2/12/1988 CHARLESTON NAVAL SHIPYARD VIADUCT ROAD CHARLESTON sc 29408 NAVY RCRA3005 2/12/1988 CHARLESTON NAVAL WEAPONS 2316 RED BANK ROAD CHARLESTON sc 29445 NAVY RCRA3005 2/12/1988 STATION CONSTRUCTION BATTALION CENTER 5200 CBC 2ND STREET GULFPORT MS 39501 NAVY RCRA3010 2/12/1988 GULFPORT OCEAN DRIVE & SAIPAN ST BLDG 22 CORPUS CHRISTl NAVAL AIR STATION CORPUS CHRISTl TX 78419 NAVY RCRA3005 2/12/1988 PUBLIC WORKS DEPT CROWS LANDING NAVAL AIR NALF CROWS LANDING CROWS CA 95313 NAVY RCRA3010 2/12/1988 LOGISTICS FORCE CUTLER NAVAL COMPUTER & OFF RT 191 CUTLER ME 04626-9608 NAVY RCRA3010 2/12/1988 TELECOMMUNICATION AM DAVISVILLE NAVAL CONSTRUCTION OFF SANFORD ROAD NORTH KINGSTOWN Rl 02871 NAVY RCRA 3016 2/12/1988 BATTALION CENTER EARLE NAVAL WEAPONS STATION 201 HWY 34 S COLTS NECK NJ 07722 NAVY RCRA3005 2/12/1988 EAST LYME NAVAL UNDERWATER DODGE POND FIELD STATION EAST LYME CT 06357 NAVY RCRA3010 2/12/1988 SYSTEMS CENTER FISC SAN DIEGO-POINT LOMA 199 ROSECRANS ST SAN DIEGO CA 92106 NAVY RCRA3005 2/12/1988 ANNEX FISHER'S ISLAND NAVAL FISHER'S ISLAND FISHER'S ISLAND NY 06380 NAVY RCRA3010 2/12/1988 UNDERWATER SYSTEMS CENTER FORMER GOULDSBORO NSGA ROUTE 195 GOULDSBORO ME 04624 NAVY CERCLA 103 2/12/1988 OPERATIONS SITE FORMER MCAS EL TORO EEPB FAC MGMT DEPT SANTA ANA CA 92709 NAVY RCRA3005 2/12/1988 FORMER NASALAMEDA ATLANTIC AVE AT MAIN ST ALAMEDA CA 94501 NAVY RCRA3005 2/12/1988 FORMER NAS MOFFETT FIELD HWY 101 AT STEVENS CREEK MOFFETT FIELD CA 94035 NAVY RCRA3005 2/12/1988 FORMER NAS MOFFETT FIELD-ANG 129 ARRG/CC MOFFETT FIELD CA 94035 NAVY RCRA3010 2/12/1988 129TH CAV FORMER NAVAIRWARCEN JACKSONVILLE ROAD AND ROUTE 132 WARMINSTER PA 18974 NAVY RCRA3005 2/12/1988 WARMINSTER-8 WASTE AREAS FORMER NAVAL AIR STATION FORMER NAVAL AIR STATION GLENVIEW GLENVIEW IL 60026 NAVY RCRA3005 2/12/1988 GLENVIEW FORMER NAVAL ARCTIC RESEARCH MAIN ST, 4 Ml N OF CY, 71 DEG. 19' 42" BARROW AK 99723 NAVY CERCLA 103 2/12/1988 LABORATORY BARROW N, 1S6 DEG. 40' 18" W FORMER NAVAL CIVIL ENGINEERING NCBC PORT HUENEME CA 93043 NAVY RCRA3010 2/12/1988 LABORATORY FORMER NAVAL HOUSING AREA- MAIN ENTRANCE RD AT CST NOVATO CA 94939 NAVY RCRA3010 2/12/1988 NOVATO FORMER NAVAL ORDNANCE 118 ROCHESTER DR LOUISVILLE KY 40214 NAVY RCRA3005 2/12/1988 STATION LOUISVILLE FORMER NAVMEDCEN OAKLAND 8750 MOUNTAIN BLVD OAKLAND CA 94605 NAVY RCRA 3010 2/12/1988 FORMER NAVSTA LONG BEACH NAVY MOLE PIER LONG BEACH CA 90822 NAVY RCRA3010 2/12/1988 FORMER NOSC AZUSA HWY39 AZUSA CA 91702 NAVY RCRA3010 2/12/1988 FORMER NTC SAN DIEGO ROSENCRANZ& NIMITZ BLVDS SAN DIEGO CA 92133 NAVY RCRA3010 2/12/1988 FORMER NUSC NEW LONDON 900 BANK STREET FORT TRUMBULL CT 06320 NAVY RCRA3010 2/12/1988 LABORATORY GUAM NAVAL HOSPITAL NAVAL HOSP GUAM NAVAL HOSP GUAM GU 96638 NAVY CERCLA 103 2/12/1988 GUAM NAVAL SHIP REPAIR FACILITY AGANA GU 96630 NAVY RCRA3005 2/12/1988 IMPERIAL BEACH NAVAL OUTLYING LANDING FIELD BLDG 162 RT IMPERIAL BEACH CA 92032 NAVY RCRA3005 2/12/1988 COMMUNICATION STATION 75& PALM AVE INDIAN HEAD DIVISION, NAVAL RTE 210 MARYLAND INDIAN HEAD MD 20640 NAVY RCRA3005 2/12/1988 SURFACE INDIANAPOLIS NAVAL AVIONICS 6000 E. 21ST STREET INDIANAPOLIS IN 42618 NAVY RCRA3010 2/12/1988 CENTER JACKSON PARK HOUSING COMPLEX AUSTIN DRIVE AT SHORE DRIVE BREMERTON WA 98312 NAVY RCRA3010 2/12/1988 JACKSONVILLE NAVAL AIR STATION CODE 184 PUBLIC WKS DEPT BOX 5 JACKSONVILLE FL 32212 NAVY RCRA3005 2/12/1988 KANEOHE BAY MARINE CORPS AIR MCAS KANEOHE BASE MOAKAPU PEN IN KANEOHE BAY HI 96863 NAVY RCRA3005 2/12/1988 STATION KINGS BAY NAVAL SUBMARINE BASE GA STATE HWY SPUR KINGS BAY GA 31547 NAVY RCRA3005 2/12/1988 NAVAL MAGAZINE DEMILITARIZATION LAULUALEL NAVAL MAGAZINE WESTLOCH HI 96860 NAVY RCRA3005 2/12/1988 FURNACE LEMOORE NAVAL AIR STATION 700AVENGERAVE LEMOORE CA 93246 NAVY RCRA3010 2/12/1988 LEWES NAVAL FACILITY DEPT OF NAVY LEWES DE 19958 NAVY RCRA3010 2/12/1988 LONG BEACH NAVAL SHIPYARD 300 SKIPJACK RD LONG BEACH CA 90822 NAVY RCRA3005 2/12/1988 MARE ISLAND NAVAL SHIPYARD 695 WALNUT AVE VALLEJO CA 94592 NAVY RCRA3005 2/12/1988 MARINE CORPS AIR STATION HWY 21 BLDG 601 BEAUFORT sc 29904 NAVY RCRA3005 2/12/1988 BEAUFORT MARINE CORPS AIR STATION CHERRY US HWY 101 & US HWY 70 CHERRY POINT NC 28533 NAVY RCRA3005 2/12/1988 POINT MARINE CORPS AIR STATION, YUMA AVE 3-E YUMA AZ 85364 NAVY RCRA3005 2/12/1988 MARINE CORPS AIR-GROUND END OF ADOBE ROAD TWENTYNINE PALMS CA 92278 NAVY RCRA3010 2/12/1988 COMBATCTR.

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Facility Name Address City State Zip Agency Reporting Mechanism Date MARINE CORPS AUXITARY LANDING, MCALF BOGUE MOREHEAD CITY NC 28SS7 NAVY RCRA 3016 2/12/1988 BOGUE BURN PIT MARINE CORPS BATTALION HQ, HENDERSON HALL ARLINGTON VA 22214 NAVY CERCLA 103 2/12/1988 ARLINGTON MARINE CORPS COMBAT DEVELOPMENT COMMAND 32SO CATLIN AVENUE QUANTICO VA 22134-SOOl NAVY RCRA 300S 2/12/1988 QUANTICO MARINE CORPS RECRUIT DEPOT SAN BARNETT AVE & PACIFIC HWY SAN DIEGO CA 92140 NAVY RCRA 3010 2/12/1988 DIEGO MCB CAMP PENDLETON BLDG 2631 CAMP PENDLETON CA 920SS NAVY RCRA 300S 2/12/1988 MCMWTC BRIDGEPORT HWY 108 AT PICKLE MEADOWS BRIDGEPORT CA 93S17 NAVY RCRA 3010 2/12/1988 NAF EL CENTRO 160S 3RD ST-BLDG 214 EL CENTRO CA 92243 NAVY RCRA 300S 2/12/1988 NAS NORTH ISLAND MCCAIN BLVD AT ALAMEDA BLVD SAN DIEGO CA 9213S NAVY RCRA 300S 2/12/1988 NATIONAL NAVAL MEDICAL CENTER 8901 WISCONSIN AVE BETHESDA MD 20814 NAVY RCRA 300S 2/12/1988 NAVACTS ORDNANCE ANNEX GUAM APRA HBR HTS AREA BY FENA RESV APRA HARBOR GU 96910 NAVY CERCLA 103 2/12/1988 NAVAL ACADEMY Wainright Road ANNAPOLIS MD 21402 NAVY RCRA 300S 2/12/1988 NAVAL AIR ENGINEERING CENTER HANCOCK ROAD OFF ROUTE S47 LAKEHURST NJ 08733 NAVY RCRA 300S 2/12/1988 LAKEHURST NAVAL AIR STATION AGANA AGANA GU 96637 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION CHASE FIELD SW HWY202 S Ml E. OF BEEVILLE BEEVILLE TX 78103 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION KEY WEST BLDG A827; BOCA CHICA KEY KEY WEST FL 33040 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION KINGSVILLE SS4 MCCAIN STREET STE 310 KINGSVILLE TX 78363 NAVY RCRA 3010 2/12/1988 NAVAL AIR STATION MAYPORT PO BOX 26S NAVAL STATION MAYPORT FL 32228 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION MERIDIAN 11SS ROSENBAUM AVENUE, STE 13 MERIDIAN MS 39309-S003 NAVY RCRA 3010 2/12/1988 NAVAL AIR STATION MIRAMAR. MIRAMAR NAVAL AIR STATION. SAN DIEGO CA 9214S NAVY RCRA 3010 2/12/1988 NAVAL AIR STATION NORFOLK N/A NORFOLK VA 23S11 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION PATUXENT 22268 CEDAR POINT ROAD PATUXENT RIVER MD 20670-S409 NAVY RCRA 300S 2/12/1988 RIVER NAVAL AIR STATION WHIDBEY HWY 20 & AULT FIELD RD OAK HARBOR WA 98278 NAVY RCRA 300S 2/12/1988 ISLAND NAVAL AIR STATION WHITING FIELD 7SSO USS ESSEX STREET SUITE 200 MILTON FL 32S70-61SS NAVY RCRA 3010 2/12/1988 NAVAL AIR STATION WILLOW GROVE RT 611 WILLOW GROVE PA 19090 NAVY RCRA 300S 2/12/1988 NAVAL AIR STATION, FALLON NAVAL AIR STATION FALLON NV 89406 NAVY RCRA 300S 2/12/1988 NAVAL AIR WEAPONS STATION 1 ADMINISTRATION CIRCLE CHINA LAKE CA 93SSS-6001 NAVY RCRA 300S 2/12/1988 CHINA LAKE NAVAL AMMUNITION FACILITY, ROUTE 70 VIEQUES PR 0076S NAVY RCRA 300S 2/12/1988 VIEQUES NAVAL AMPHIBIOUS BASE LITTLE SHORE DRIVE (U.S. ROUTE 60) VIRGINIA BEACH VA 234SS NAVY RCRA 300S 2/12/1988 CREEK NAVAL AND MARINE CORPS FLOYD BENNETT FIELD BROOKLYN NY 11234 NAVY CERCLA 103 2/12/1988 RESERVE CENTER NAVAL COMMUNICATION STATION ROUGH & READY ISLAND STOCKTON CA 9S203 NAVY RCRA 300S 2/12/1988 STOCKTON NAVAL COMPLEX PEARL HARBOR- NAVAL SUBMARINE BASE PEARL HARBOR HI 96860 NAVY RCRA 3010 2/12/1988 SUBMARINE BASE NAVAL CONSTRUCTION BATTALION PORT HUENEME VENTURA CA 93043 NAVY RCRA 300S 2/12/1988 CTR NAVAL ELECTRONIC SYSTEMS ENG VILLA ROAD OFF RTE S SAINT INIGOES MD 20684 NAVY RCRA 3010 2/12/1988 ACT ST INIGOES NAVAL FACIL, GUAM NAVAL FACILITY, GUAM NAVAL FACIL, GUAM GU 96630 NAVY CERCLA 103 2/12/1988 NAVAL FACILITIES ENGINEERING WESTERN DIVISION SAN DIEGO CA 92136 NAVY CERCLA 103 2/12/1988 COMMAND NAVAL IND RESERVE ORDNANCE 8400 W 4100 SOUTH MAGNA UT 84044 NAVY RCRA 300S 2/12/1988 PLANT/HERCULES INC NAVAL IND RESERVE ORDNANCE 4800 E RIVER ROAD FRIDLEY MN SS421 NAVY RCRA 300S 2/12/1988 PLANT NAVAL POSTGRADUATE SCHOOL 1 UNIVERSITY CIR MONTEREY CA 93943 NAVY RCRA 3010 2/12/1988 NAVAL RADIO STATION #1 63 HEDRICK DR SUGAR GROVE wv 2681S-SOOO NAVY RCRA 3010 2/12/1988 NAVAL REGIONAL MEDICAL CENTER 17 STAND PATTISON AVE PHILADELPHIA PA 1914S NAVY RCRA 3010 2/12/1988 NAVAL RESERVE CENTER LINCOLN 162S N lOTH ST LINCOLN NE 68S08 NAVY CERCLA 103 2/12/1988 NAVAL SECURITY GROUP ACTIVITY 10 FABBRI GREEN STE 10 WINTER HARBOR ME 04693 NAVY RCRA 3010 2/12/1988 WINTER HARBOR NAVAL STATION CEIBA ROOSEVELT ROADS CEIBA PR 0063S NAVY RCRA 300S 2/12/1988 NAVAL STATION NEW YORK 207 FLUSHING AVE BROOKLYN NY 112Sl NAVY RCRA 3010 2/12/1988 NAVAL STATION TREASURE ISLAND TREASURE ISLAND SAN FRANCISCO CA 94130 NAVY RCRA 300S 2/12/1988 NAVAL SUBMARINE BASE, NEW ROUTE 12 CRYSTAL LAKE ROAD GROTON CT 06349 NAVY RCRA 300S 2/12/1988 LONDON NAVAL SUPPORT FACILITY BOX 1000 THURMONT MD 21788 NAVY CERCLA 103 2/12/1988 THURMONT NAVAL SURFACE WARFARE CENTER 300 HWY 361 BLDG 3260 CODE 09S CRANE IN 47S22 NAVY RCRA 300S 2/12/1988 CRANE DIVISION NAVAL SURFACE WEAPONS CTR, 2 Ml EAST OF INTERSECT 30 DAHLGREN VA 22448 NAVY RCRA 300S 2/12/1988 DAHLGREN NAVAL TRAINING CENTER GREAT PUBLIC WORKS CENTER BUILDING lA GREATLAKES IL 60088-S600 NAVY RCRA 300S 2/12/1988 LAKES NAVAL UNDERSEA WARFARE HWY 308, E END KEYPORT WA 9834S NAVY RCRA 300S 2/12/1988 ENGINEERING STATION (4AREAS) NAVAL WEAPONS IND RES PLANT, 9314 W. JEFFERSON DALLAS TX 7S211 NAVY RCRA 300S 2/12/1988 DALLAS

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Facility Name Address City State Zip Agency Reporting Mechanism Date NAVAL WEAPONS IND RESERVE 1101 JOHNSON DRIVE, HERCULES INC MCGREGOR TX 766S7 NAVY RCRA 300S 2/12/1988 PLANT, MCGREGOR NAVAL WEAPONS INDUSTRIAL S OYSTER BAY RD BETHPAGE NY 11714 NAVY RCRA 3016 2/12/1988 RESERVE PLANT NAVAL WEAPONS INDUSTRIAL GRUMMAN BLVD CALVERTON NY 11933 NAVY CERCLA 103 2/12/1988 RESERVE PLANT CALVERTON NAVAL WEAPONS STATION SEAL 700AMMUNITION RD FALLBROOK CA 92028 NAVY CERCLA 103 2/12/1988 BEACH DETACHMENTFALLBROOK NAVAL WEAPONS STATION- US NAVAL WEAPONS STATION YORKTOWN VA 23690 NAVY RCRA 300S 2/12/1988 YORKTOWN NAVBASE CORONADO-AMPHIBIOUS HWY 7S ON SILVER STRAND CORONADO CA 92118 NAVY RCRA 3010 2/12/1988 BASE NAVBASE VENTURA COUNTY-PT 311 MAIN RD STE 1 POINT MUGU CA 93042 NAVY RCRA 300S 2/12/1988 MUGU NAVCOMTELSTA SAN DIEGO-NRTF RADIO STATION RD DIXON CA 95620 NAVY CERCLA 103 2/12/1988 DIXON NAVWPNSTASEAL BEACH-CONCORD 10 DELTA ST CONCORD CA 94520 NAVY RCRA 3005 2/12/1988 DET NAVY AND MARINE CORPS RESERVE S301 BARNES AVE ROANOKE VA 24019 NAVY RCRA 3010 2/12/1988 ROANOKE NAVY AVIATION SUPPLY OFFICE 700 ROBBINS AVE PHILADELPHIA PA 19111 NAVY RCRA 3010 2/12/1988 NAVY PWC GUAM-FORMER PITI PITI HARBOR PITI GU 96915 NAVY RCRA 3005 2/12/1988 POWER PLANT NAVY SHIPS PARTS CONTROL S450 CARLISLE PIKE PO BOX 2020 MECHANICSBURG PA 17055 NAVY RCRA 3005 2/12/1988 NEW ORLEANS NAVAL AIR STATION 32 BELLE CHASE HWY BELLE CHASSE LA 70037 NAVY RCRA 3010 2/12/1988 NEWPORT NAVAL EDUCATION AND 61 CAPO DAN NO DR NEWPORT Rl 02840 NAVY RCRA 3005 2/12/1988 TRAINING CENTER NORFOLK NAVAL BASE (SEWELLS 1530 GILBERT ST STE 2000 NORFOLK VA 23511 NAVY RCRA 3005 2/12/1988 POINT NAVAL) NORFOLK NAVAL SHIPYARD N/A CODE 411, BLDG M32 PORTSMOUTH VA 23709 NAVY RCRA 3005 2/12/1988 OAKLAND NAVAL SUPPLY CENTER 7TH & MARITIME BUILDING 311-EAST OAKLAND CA 94623 NAVY RCRA 3005 2/12/1988 OAKLAND NAVAL SUPPLY CENTER, 2155 MARINER SQUARE LOOP ALAMEDA CA 94501 NAVY CERCLA 103 2/12/1988 ALAMEDA OAKLAND NAVAL SUPPLY CENTER- END WESTERN DR. OFF SR 17 RICHMOND CA 94801 NAVY RCRA 3010 2/12/1988 POINT MOLATE SITE OCEANA NAVALAIR STATION PUBLIC WORKS DEPARTMENT VIRGINIA BEACH VA 23460 NAVY RCRA 3005 2/12/1988 OMAHA NAVAL AND MARINE CORPS FORT OMAHA OMAHA NE 68102 NAVY CERCLA 103 2/12/1988 RESERVE CENTER PACIFIC MISSILE RANGE FACILITY PACIFIC MISSILE RANGE FACILITY KEKAHA HI 96752 NAVY RCRA 3005 2/12/1988 PANAMA CITY COASTAL SYSTEMS HWY 98 CODE 6310MC PANAMA CITY FL 32407 NAVY RCRA 3005 2/12/1988 STATION PARRIS ISLAND MARINE CORPS PO BOX 19001 PARRIS ISLAND sc 29905-9001 NAVY RCRA 3005 2/12/1988 RECRUIT DEPOT PEARL HARBOR FLEET TRAINING 1430 SOUTH AVE PEARL HARBOR HI 96860 NAVY RCRA 3010 2/12/1988 GROUP PEARL HARBOR NAVAL SHIPYARD PEARL HARBOR HI 96860 NAVY RCRA 3005 2/12/1988 PEARL HARBOR NAVAL STATION US NAVALSTA PEARL HARBOR HI 96880 NAVY RCRA 3010 2/12/1988 PEARL HARBOR NAVAL SUPPLY NAVAL BASE PEARL HARBOR HI 98860 NAVY RCRA 3005 2/12/1988 CENTER PEARL HARBOR NAVY PUBLIC NAVAL STATION AREA PEARL HARBOR HI 96860 NAVY RCRA 3005 2/12/1988 WORKS CENTER PENSACOLA NAVAL AIR STATION 190 RADFORD BLVD PENSACOLA FL 32508 NAVY RCRA 3005 2/12/1988 PHILADELPHIA NAVAL SHIPYARD BROAD ST-NORTH DIV. CODE 114 PHILADELPHIA PA 19112 NAVY RCRA 3005 2/12/1988 POINT SUR NAVAL FACILITY NAVAL FACILITY POINT SUR BIG SUR CA 93920 NAVY RCRA 3010 2/12/1988 PORT HADLOCK DETACHMENT/NAVAL ORDNANCE 100 INDIAN ISLAND RD PORT HADLOCK WA 98339 NAVY RCRA 3010 2/12/1988 CTR PAC DIV PORTSMOUTH NAVAL HOSPITAL EFFINGHAM STREET PORTSMOUTH VA 23708-5000 NAVY RCRA 3010 2/12/1988 PORTSMOUTH NAVAL SHIPYARD SEAVY ISLAND KITIERY ME 03904 NAVY RCRA 3005 2/12/1988 PUGET SOUND FISC FUEL ORCHARD POINT/ UTILE CLAM BAY MANCHESTER WA 98353 NAVY RCRA 3005 2/12/1988 DEPARTMENT PUGET SOUND NAVAL SHIPYARD 1ST STREET CODE 106 BREMERTON WA 98314-5000 NAVY RCRA 3005 2/12/1988 PUGET SOUND NAVAL STATION 7500 SAND POINT WAYNE SEA TILE WA 98115 NAVY RCRA 3010 2/12/1988 VILLA VERDE STREET DRYDOCK & REPAIR ROOSEVELT ROADS NAVAL STATION MIRAMAR PR 00903 NAVY RCRA 3005 2/12/1988 FACILITY SABANA SECA NAVAL SECURITY ROUTE 866 SABANA SECA PR 009S2 NAVY RCRA 3010 2/12/1988 GROUP ACTIVITY SAN DIEGO FLEET ANTI-SUBMARINE HARBOR DRIVE SAN DIEGO CA 92147 NAVY CERCLA 103 2/12/1988 WARFARE TRAINING CTR SAN DIEGO NAVAL MEDICAL CENTER 34800 BOB WILSON DR, SUITE 1800 SAN DIEGO CA 92134 NAVY CERCLA 103 2/12/1988 BLDG 327S P.O. BOX 113, CAMP ELLIOT SAN DIEGO NAVAL STATION SAN DIEGO. CA 92136 NAVY RCRA 300S 2/12/1988 92106. 140 SYLVESTER RD. NAVAL STATION SAN DIEGO NAVAL SUBMARINE BASE SAN DIEGO CA 92106 NAVY RCRA 3010 2/12/1988 BUILDING 545 SAN DIEGO PUBLIC WORKS CENTER SAN DIEGO NAVAL STATION SAN DIEGO CA 92145 NAVY RCRA 3010 2/12/1988 SANTA RITA NAVAL MAGA21NE RTE 5 SANTA RITA GU 96915 NAVY RCRA 3010 2/12/1988 SASA VALLEY FUEL DEPOT APRA HBR PITI GU 96630 NAVY CERCLA 103 2/12/1988 SEAL BEACH NAVAL WEAPONS 800 SEAL BEACH BLVD SEAL BEACH CA 90740 NAVY RCRA 3005 2/12/1988 STATION SHORE INTERMEDIATE PEARL HARBOR HI 96860 NAVY RCRA 3005 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date MAINTENANCE ACTIVITY SINGER EDUCATION DIVISION 132S IRIS AVE BLDG 60 IMPERIAL BEACH CA 92032 NAW RCRA 3010 2/12/1988 SKAGGS ISLAND NAVAL SECURITY SKAGGS ISLAND SONOMA CA 95476 NAW RCRA 3010 2/12/1988 GROUP ACTIVITY SOUTH WEYMOUTH NAVAL AIR NAS S. WEYMOUTH PWD CODE 72.3 SOUTH WEYMOUTH MA 02190 NAW RCRA 3005 2/12/1988 STATION SUFFOLK NAVAL COMMUNICATION 3300 SLEEPY HOLE RD SUFFOLK VA 23434 NAW RCRA 3010 2/12/1988 AREA TREASURE ISLAND NAVAL STATION TREASURE ISLAND SAN FRANCISCO CA 94130 NAW RCRA 3005 2/12/1988 TRENTON NAVAL AIR WARFARE PARKWAY AVE TRENTON NJ 08628 NAW RCRA 3005 2/12/1988 CENTER, AIRCRAFT DIV TRIPLE A SHIPYARD-HUNTERS POINT HUNTER'S POINT NAVAL SHIPYARD SAN FRANCISCO CA 94124 NAW RCRA 3010 2/12/1988 DIV TUSTIN MARINE CORPS AIR STATION MCASTUSTIN TUSTIN CA 92719 NAW RCRA 3005 2/12/1988 US NAVAL RESEARCH LAB LAUNCH BERRY ROAD WALDORF MD 20601 NAW CERCLA 103 2/12/1988 US NAW SOUTHNAVFACENG COM 8100 W JEFFERSON AVENUE DALLAS 1J( 75211 NAW RCRA 3005 2/12/1988 (BRAC NAS DALLAS) USN AUXILARY LANDING FIELD 3-4 Ml S PRINCESS ANN CTH CHESAPEAKE VA 23322 NAW CERCLA 103 2/12/1988 USN CRANEY ISLAND FUEL CRANEY ISLAND FUEL TERMINAL. PORTSMOUTH VA 23702 NAW RCRA 3005 2/12/1988 TERMINAL. VIEQUES EAST VIEQUES VIEQUES PR 765 NAW CERCLA 103 2/12/1988 WAIAWASHAFT END OF WAIHONA STREET PEARL CITY HI 96782 NAW CERCLA 103 2/12/1988 WASHINGTON NAVAL RESEARCH 4SSS OVERLOOK AVE WASHINGTON DC 2037S NAW RCRA 300S 2/12/1988 LABORATORY WASHINGTON NAVAL SECURITY 3801 NEBRESKAAVE NW WASHINGTON DC 20390 NAW RCRA 3010 2/12/1988 STATION WASHINGTON NAWYARD 1014 N STREET SE SUITE 3207 WASHINGTON DC 20374-5001 NAW RCRA 3010 2/12/1988 WEST PACIFIC NAVAL COMMUNICATION AREA MASTER NAVCAMS WESTPAC NAVCAMS WESTPAC GU 96630 NAW RCRA 3016 2/12/1988 STAT WHITE OAK NAVAL SURFACE 10901 NEW HAMPSHIRE AVE SILVER SPRING MD 20903 NAW RCRA 3005 2/12/1988 WARFARE CENTER YORKTOWN NAVAL SUPPLY CENTER NAVAL SUPPLY CNTR FUEL D YORKTOWN VA 23890 NAW RCRA 3005 2/12/1988 TENNESSEE VALLEY ALLEN FOSSIL PLANT 2574 PLANT RD MEMPHIS TN 38109 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY BELLEFONTE NUCLEAR PLANT OFF US HWY72 HOLLYWOOD AL 36401 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY BROWNS FERRY NUCLEAR PLANT USHWY72 ATHENS AL 35611 RCRA 3010 2/12/1988 AUTHORITY TENNESSEE VALLEY BULL RUN FOSSIL PLANT EDGEMOOR RD., 6 Ml SE OF OAK RIDGE OAK RIDGE TN 37930 RCRA 3010 2/12/1988 AUTHORITY TENNESSEE VALLEY COLBERT FOSSIL PLANT OFF US HWY 72 W TUSCUMBIA AL 35674 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY CUMBERLAND FOSSIL PLANT 815 CUMBERLAND CITY RD CUMBERLAND CITY TN 37050 RCRA 3010 2/12/1988 AUTHORITY OFF US HWY 431,11 Ml NW OF TENNESSEE VALLEY GUNTERSVILLE HYDRO PLANT GUNTERSVILLE AL 35976 RCRA 3010 2/12/1988 GUNTERSVILLE AUTHORITY TENNESSEE VALLEY HARTSVILLE SITE TN HWY25 HARTSVILLE TN 37050 RCRA 3010 2/12/1988 AUTHORITY TENNESSEE VALLEY JOHN SEVIER FOSSIL PLANT TN HWY 70E ROGERSVILLE TN 37134 RCRA 3005 2/12/1988 AUTHORITY MUSCLE SHOALS POWER SERVICE TENNESSEE VALLEY AL HWY 133 MUSCLE SHOALS AL 35660 RCRA 3005 2/12/1988 CENTER AUTHORITY NATIONAL FERTILIZER AND TENNESSEE VALLEY WILSON DAM RD MUSCLE SHOALS AL 35660 RCRA 3005 2/12/1988 ENVIRONMNETAL RESEARCH CTR AUTHORITY TENNESSEE VALLEY SEQUOYAH NUCLEAR PLANT HIXSON PIKE RD DAISYS TN 37319 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY WATIS BAR NUCLEAR PLANT TN HWY 68 SPRING CITY TN 37381 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY WIDOWS CREEK FOSSIL PLANT OFF US HWY 72 W STEVENSON AL 35772 RCRA 3005 2/12/1988 AUTHORITY TENNESSEE VALLEY WILSON HYDRO PLANT AL HWY 133 FLORENCE AL 35660 RCRA 3010 2/12/1988 AUTHORITY FAA-FIRE ISLAND NAVIGATION 61D08MOOSN, 150D13MOOSW, 6 Ml W ANCHORAGE AK 99506 TRANSPORTATION RCRA 3010 2/12/1988 STATION OF ANCHORAGE FAA-LAKE MINCHUMINA STATION RAMP AT LAKE MINCHUMINA AIRPORT LAKE MINCHUMINA AK 99757 TRANSPORTATION RCRA 3010 2/12/1988 FAA-NORTHWAY STAGING FIELD NORTHWAY VILLAGE NORTHWAY VILLAGE AK 99764 TRANSPORTATION RCRA 3016 2/12/1988 FAA-TECHNICAL CENTER ROUTES 563 AND 575 POMONA NJ 08405 TRANSPORTATION RCRA 3016 2/12/1988 USDOT-FAA UMIAT AIRSTRIP N BANK COLVILLE RIVER. UMIAT AK 99723 TRANSPORTATION CERCLA 103 2/12/1988 STAGING AREA. BUREAU OF ENGRAVING & PRINTING 14TH & C STS SW WASHINGTON DC 20228 TREASURY RCRA 3005 2/12/1988 DENVER BULK MAIL CTR 7755 E. 56TH AVE DENVER co 06357 USPS RCRA 3016 2/12/1988 MINNEAPOLIS ST. PAUL BULK MAIL 3165 S. LEXINGTON AVE ST. PAUL MN 55121 USPS RCRA 3010 2/12/1988 CENTER U.S. POSTAL SERVICE 135 A STREET BOSTON MA 02210 USPS RCRA 3010 2/12/1988 VETERANS ALBUQUERQUE HOSPITAL 2100 RIDGECREST ALBUQUERQUE NM 87106 RCRA 3005 2/12/1988 ADMINISTRATION VETERANS ATLANTA MEDICAL CENTER 1670 CLAIRMONT ROAD DECATUR GA 30033 RCRA 3005 2/12/1988 ADMINISTRATION CASTLE POINT HOSPITAL RTE 9D CASTLE PT NY 12511 VETERANS RCRA 3010 2/12/1988

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Facility Name Address City State Zip Agency Reporting Mechanism Date ADMINISTRATION VETERANS EAST ORANGE MEDICAL CENTER TREMONT AVE EAST ORANGE NJ 07019 RCRA 3010 2/12/1988 ADMINISTRATION VETERANS LYONS HOSPITAL KNOLLCRAFT ROAD LYONS NJ 07939 RCRA 3010 2/12/1988 ADMINISTRATION VETERANS NEW ORLEANS MEDICAL CENTER 1601 PERDIDO STREET NEW ORLEANS LA 70112 RCRA 3010 2/12/1988 ADMINISTRATION VETERANS VA ASSET MANAGEMENT SERVICE 152 ROUTE 206 SOUTH HILLSBOROUGH NJ 08844 CERCLA 103 2/12/1988 ADMINISTRATION AQUATIC WEED CONTROL RESEARCH 3116 WICKSON HALL UNIVERSITY OF DAVIS CA 95616 AGRICULTURE RCRA 3016 11/16/1988 LABORATOR CALIF. CHEQUAMEGON NATIONAL FOREST 157 N 5TH AVENUE PARK FALLS WI 54552 AGRICULTURE RCRA 3010 11/16/1988 CIBOLA NF: COBB RESOURCES CIBOLA NATIONAL FOREST MAGDALENA NM 87825 AGRICULTURE CERCLA 103 11/16/1988 CORPORATION CONSERVATION AND PRODUCTION 1/2 MILE, T-40 5 BUSHLAND TX 79012 AGRICULTURE RCRA 3016 11/16/1988 RESEARCH LABORATORY FORT KEOGH LIVESTOCK AND RANGE ROUTE 1, BOX 2021 MILES CITY MT 59301 AGRICULTURE RCRA 3016 11/16/1988 RESEARCH LABORATORY FRESNO HORTICULTURAL FIELD 2021 SOUTH PEACH AVE FRESNO CA 93727 AGRICULTURE RCRA 3016 11/16/1988 STATION. GRAZINGLANDS RESEARCH P.O. BOX 1199 EL RENO OK 73036 AGRICULTURE RCRA 3016 11/16/1988 JORNADA EXPERIMENTAL RANGE 1700 JORNADA ROAD LAS CRUCES NM 88001 AGRICULTURE RCRA 3016 11/16/1988 KNIPLING-BUSHLAND US LIVESTOCK INTESECTION SH 16 AND 1H 10 KERRVILLE TX 78028 AGRICULTURE RCRA 3016 11/16/1988 INSECTS LABORATORY LINCOLN NF: HIGH ROLLS MINING 3.3 M 5 OF INTER OF W US 82 HIGH ROLLS NM 88325 AGRICULTURE CERCLA 103 11/16/1988 DISTRICT NATIONAL ANIMAL DISEASE CENTER 2300 DAYTON ROAD PO BOX 70 AMES lA 50010 AGRICULTURE RCRA 3010 11/16/1988 NEBRASKA NATIONAL FOREST SITE STATE RT 2 W HALSEY NE 69142 AGRICULTURE RCRA 3016 11/16/1988 #1 NORTHERN GREAT PLAINS RESEARCH P 0 BOX 459, HWY 65 MANDAN ND 58544 AGRICULTURE RCRA 3016 11/16/1988 LAB NURSERY CROPS RESEARCH 359 MAIN ROAD DELAWARE OH 43015 AGRICULTURE RCRA 3016 11/16/1988 OSCEOLA NATIONAL FOREST SITE 1 HIGHWAY 100 LAKE CITY FL 32055 AGRICULTURE RCRA 3016 11/16/1988 PLANT SCIENCES AND WATER 1301 N WESTERN RD STILLWATER OK 74076 AGRICULTURE RCRA 3016 11/16/1988 CONSERVATION LABORATORY USDA AVIAN DISEASE AND 3606 EAST MT HOPE RD EASTLANSING Ml 48823 AGRICULTURE RCRA 3010 11/16/1988 ONCOLOGY LABORATORY USDA PAC NW FOREST RANGE EXP 3625 93RD AVE 5 TUMWATER WA 98501 AGRICULTURE RCRA 3016 11/16/1988 STA 147TH WING AT ELLINGTON FIELD CLOTHIER AVENUE HOUSTON TX 77209 AIR FORCE CERCLA 103 11/16/1988 ALTUS AIR FORCE BASE 443 ABG/CC ALTUSAFB OK 73523 AIR FORCE RCRA 3005 11/16/1988 ANVIL MOUNTAIN WHITE ALICE 6.5 Ml N OF NOME NOME AK 99762 AIR FORCE CERCLA 103 11/16/1988 COMMUNICATIONS SITE

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Reporting Facility Name Address City State Zip Agency Date Mechanism RIZONA AIR NATIONAL GUARD 1500 E. VALENCIA ROAD TUCSON AZ 85706 AIR FORCE RCRA 3010 11/16/1988 62 TACTICAL FTR GROUP BEAR CREEK AIR FORCE STATION YUKON RIVER ON N SHORE TANANA AK 99777 AIR FORCE CERCLA 103 11/16/1988 BETHELAFS AIRPORT-W, END OF MAIN ROAD BETHEL AK 99559 AIR FORCE RCRA 3010 11/16/1988 BIG MOUNTAIN BIG MOUNTAIN AFS S SHOURE LLIAMNA/S SIDE BIG MTN AK 99501 AIR FORCE RCRA 3010 11/16/1988 AFS BOLLING AIR FORCE BASE 5 CAPITAL STREET WASHINGTON DC 20336 AIR FORCE CERCLA 103 11/16/1988 BOMARC/MCGUIRE MSL RT 539 NEW EGYPT NJ 08533 AIR FORCE CERCLA 103 11/16/1988 BUCKLEY AIR FORCE BASE 18500 EAST 6TH AVE AURORA co 80011 AIR FORCE RCRA 3016 11/16/1988 CLEAR AIR FORCE STATION HWY 3 & NENANA RD ANDERSON AK 99704 AIR FORCE RCRA 3010 11/16/1988 DAVIS TRANSMITIER SITE DAVIS DAVIS CA 95620 AIR FORCE CERCLA 103 11/16/1988 DEWLINE SITE BAR-MAIN: BARTER ISLAND, ARCTIC NWR KAKTOVIK AK 99747 AIR FORCE CERCLA 103 11/16/1988 BARTER ISLAND DEWLINE SITE LIZ-2: POINT LAY KASEGALIK LAGOON CHUKCHI SEA POINT LAY AK 99579 AIR FORCE RCRA 3010 11/16/1988 LLRS DEWLINE SITE LIZ-3: KUK RIVER & CHUKSI SEA WAINWRIGHT AK 99782 AIR FORCE RCRA 3010 11/16/1988 WAINWRIGHT DEWLINE SITE POW-1: PT. PITI POINT, 85 Ml SE OF BARROW BARROW AK 99723 AIR FORCE RCRA 3010 11/16/1988 LONELY DEWLINE SITE POW-2: OLIKTOK 40 Ml W OF DEAD HORSE OLIKTOK AK 99599 AIR FORCE RCRA 3010 11/16/1988 DEWLINE SITE POW-3: BULLEN 40 Ml E OF DEAD HORSE, TlON R21E S32 DEAD HORSE AK 99740 AIR FORCE RCRA 3010 11/16/1988 POINT UMIAT MERIDIAN DEWLINE SITE POW-MAIN: BETWEEN N SALT LAGOON & IMIKPUK BARROW AK 99723 AIR FORCE RCRA 3010 11/16/1988 POINT BARROW LAKE EAKERAFB 97 CSG/DEEV EAKERAFB AR 72315-5001 AIR FORCE RCRA 3005 11/16/1988 F.E. WARREN AIR FORCE BASE 1-25 AND RANDALL AVENUE CHEYENNE WY 82005 AIR FORCE RCRA 3005 11/16/1988 FORT YUKON AFS N OF YLLOTA SLOUGH FORT YUKON AK 99740 AIR FORCE RCRA 3010 11/16/1988 GRANITE MOUNTAIN AIR FORCE 14 Ml NW OF CY HAYCOCK AK 99762 AIR FORCE CERCLA 103 11/16/1988 STATION HANCOCK FIELD TAFT AND THOMPSON ROADS NORTH SYRACUSE NY 13212 AIR FORCE RCRA 3010 11/16/1988 HURLBURT FIELD 1 SOCES/CEV HURLBURT FIELD FL 32544 AIR FORCE RCRA 3005 11/16/1988 KAENA PTSATTRACKING STA 33 Ml NW OF HONOLULU ON RTE 930 WAIANAE HI 96792 AIR FORCE CERCLA 103 11/16/1988 KING SALMON AIRPORT 15 Ml E OF BRISTOL BAY KING SALMON AK 99613 AIR FORCE RCRA 3010 11/16/1988 KOKEE AIR FORCE STATION KOKEE STATE PARK WAIMEA HI 96796 AIR FORCE CERCLA 103 11/16/1988 KOTZEBUE WHITE ALICE SITE NW CORNER OF BALDWIN PENINSULA KOTZEBUE AK 99752 AIR FORCE CERCLA 103 11/16/1988 LAWNDALE ANNEX LAAFB 6592 ABG/CC HAWTHORN CA 90260 AIR FORCE CERCLA 103 11/16/1988 LITILE ROCK AIR FORCE BASE 4001 THOMAS AVE LITILE ROCK AFB AR 72099-5005 AIR FORCE RCRA 3005 11/16/1988 LOS ANGELES AIR FORCE BASE 2400 EL SEGUNDO BLVD LOS ANGELES CA 90009 AIR FORCE RCRA 3010 11/16/1988 MAXWELL AIR FORCE BASE 3800 AIR BASE GROUP DEE MAXWELLAFB AL 36112 AIR FORCE RCRA 3010 11/16/1988 NIKOLSKI AIR FORCE STATION W COAST OF UMNAK IS NIKOLSKI AK 99638 AIR FORCE CERCLA 103 11/16/1988 PETERSON AIR FORCE BASE 1003 SSC/CC PETERSON AFB co 80914 AIR FORCE RCRA 3005 11/16/1988 PUNAMANO AIR FORCE STATION 28 Ml NNE HONOLULU ON RTE 83 KAHUKU HI 96731 AIR FORCE CERCLA 103 11/16/1988 TWIN CITIES AIR FORCE RESERVE MINNEAPOLIS/ST PAUL HENNEPIN MINNEAPOLIS MN 54417 AIR FORCE RCRA 3010 11/16/1988 BASE COUNTY 3016 934 TAC/DE DULUTH INTL US AFB DULUTH INTL AIRPORT STEBNER RD MN 55814 AIR FORCE RCRA 3005 11/16/1988 AIRPORT US AIR FORCE YOUNGSTOWN YOUNGSTOWN KING GRAVES RD OH 44473 AIR FORCE RCRA 3010 11/16/1988 MAP OHIO MAP COLORADO USAF ACADEMY 8120 EDGERTON DR co 80840-2400 AIR FORCE RCRA 3010 11/16/1988 SPRINGS USAF BROOKS AIR FORCE BASE N GOLLAD ROAD SAN ANTONIO TX 78235 AIR FORCE RCRA 3005 11/16/1988 USAF GOODFELLOW AIR FORCE FORT MCKAVITI ROAD NS SAN ANGELO TX 76903 AIR FORCE RCRA 3010 11/16/1988 BASE USAF-DRIFTWOOD BAY AFS. N COAST UNALASKA ISLAND. DRIFTWOOD BAY AK 99553 AIR FORCE CERCLA 103 11/16/1988 USAF-KALAKAKET CREEK. S SHORE OF KALE CREEK GALENA AK 99741 AIR FORCE RCRA 3010 11/16/1988 USAF-NORTH RIVER AFS MOUTH OF NORTH RIVER UNALAKLEET AK 99684 AIR FORCE CERCLA 103 11/16/1988 USAF-PORT HEIDEN AFS. NW SHORE OF HEIDEN BAY. PORT HEIDEN AK 99549 AIR FORCE CERCLA 103 11/16/1988 SOUTH VERMONT AIR NATIONAL GUARD 10 FALCON STREET, SUITE A VT 05403-5873 AIR FORCE RCRA 3010 11/16/1988 BURLINGTON ARMY RESERVE (GREENSBORO) 1120 CHURCH ST GREENSBORO NC 27405 ARMY RCRA 3010 11/16/1988 ARMY RESERVE (GREENVILLE) 1391 N MEM DR GREENVILLE NC 27834 ARMY RCRA 3010 11/16/1988 ARMY RESERVE (HIGH POINT) 156 PARRIS AVE HIGH POINT NC 28307 ARMY RCRA 3010 11/16/1988 ARMY RESERVE (MOREHEAD 405 FISHER ST MOREHEAD CITY NC 28557 ARMY RCRA 3010 11/16/1988 CITY) ARMY RESERVE (WILMINGTON) 2144 LAKESHORE DR WILMINGTON NC 28401 ARMY RCRA 3010 11/16/1988 ARMY RESERVE CENTER 1816 E MAl N ST ALBEMARLE NC 28001 ARMY RCRA 3010 11/16/1988 (ALBEMARLE) ARMY RESERVE CENTER 224 LOUSIANA ASHEVILLE NC 28806 ARMY RCRA 3010 11/16/1988 (ASHEVILLE) ARMY RESERVE CENTER E FRENCH BROAD ST BREVARD NC 28712 ARMY RCRA 3010 11/16/1988 (BREVARD) ARMY RESERVE CENTER 1300 WESTOVER DR CHARLOTIE NC 28205 ARMY RCRA 3010 11/16/1988 (CHARLOTIE #1) ARMY RESERVE CENTER 724 FOSTER STREET DURHAM NC 27701 ARMY RCRA 3010 11/16/1988 (DURHAM #2) ARMY RESERVE -CENTER 1228 CARROL ST DURHAM NC 27701 ARMY RCRA 3010 11/16/1988

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Reporting Facility Name Address City State Zip Agency Date Mechanism (DURHAM 1) ARMY RESERVE CENTER 2017 GARNER ST GARNER NC 27S29 ARMY RCRA 3010 11/16/1988 (GARNER) ARMY RESERVE CENTER 1SOO 12TH ST NW HICKORY NC 28601 ARMY RCRA 3010 11/16/1988 (HICKORY) ARMY RESERVE CENTER 1400 CARTHAGE RD LUMBERTON NC 283S8 ARMY RCRA 3010 11/16/1988 (LUMBERTON) ARMY RESERVE CENTER 311S WESTERN BLVD RALEIGH NC 27606 ARMY RCRA 300S 11/16/1988 (RALEIGH) ARMY RESERVE CENTER (ROCKY FAIRVIEW RD ROCKY MOUNT NC 28701 ARMY RCRA 3010 11/16/1988 MOUNT) ARMY RESERVE CENTER 182S WOO DEAF RD PO BOX 1927 SALISBURY NC 28114 ARMY RCRA 3010 11/16/1988 (SALISBURY) BLOSSOM POINT FIELD TEST BLOSSOM POINT RD LA PLATA MD 20646 ARMY RCRA 3016 11/16/1988 FACILITY BLUE GRASS ARMY DEPOT, 2091 KINGSTON HWY RICHMOND KY 4047S ARMY RCRA 300S 11/16/1988 RICHMOND CORN HUSKER ARMY P 0 BOX 2041 GRAND ISLAND NE 68802 ARMY RCRA 3016 11/16/1988 AMMUNITION PLANT DEFENSE INDUSTRIAL PLANT, OLD RTE 1 ATCHISON KS 66002 ARMY CERCLA 103 11/16/1988 EQUIPMENT FACIL FITZSIMONS ARMY MEDICAL CORNER OF COLFAX AND PEORIA AURORA co 8004S ARMY RCRA 300S 11/16/1988 CENTER FORT BRAGG XVIII AIRBORNE BLDG J 1737 KNOX ST FORT BRAGG NC 28307 ARMY RCRA 3010 11/16/1988 CORPS FORT FORT WAINWRIGHT RICHARDSON HWY SE OF CITY AK 99703 ARMY RCRA 300S 11/16/1988 WAINWRIGHT PRESIDIO OF SAN FRANSISCO PRESIDIO OF SAN FRANSISCO SAN FRANSISCO CA 94129 ARMY RCRA 3010 11/16/1988 PUERTO RICO ARMY NATIONAL RD 1 KM 3.6-TRAINING SITE SALINAS PR 007S1 ARMY CERCLA 103 11/16/1988 GUARD-CAMP SANTIAGO REDSTONE REDSTONE ARSENAL USAMICOM DRSMI-KL AL 3S898 ARMY RCRA 300S 11/16/1988 ARSENAL USMA NEWBURG LANDFILL, STEWART STEWART ANNEX/SUBPOST NEWBURG NY 12SSO ARMY RCRA 3016 11/16/1988 AIRPORT, RT 17 TERRELL NIKE MISSILE SITE - Ml E. OF HWY 20S TERRELL TX 7S160 ARMY CERCLA 103 11/16/1988 US ARMY CANYON LAKE NORTH SIDE OF CANYON LAKE (BY SAN ANTONIO TX 78234 ARMY CERCLA 103 11/16/1988 RECREATION AREA DAM) US ARMYFORT SAM HOUSTON BLDG 1183 TAYLOR ROAD SANT ANTONIO TX 78234 ARMY RCRA 300S 11/16/1988 US ARMY FUELS & LUBRICANT 6220 CUEVRA SAN ANTONIO TX 78284 ARMY CERCLA 103 11/16/1988 RESEARCH LAB WALTER REED ARMY MEDICAL 682S 16TH STREET, NW WASHINGTON DC 20307-S001 ARMY RCRA 3016 11/16/1988 CENTER YAKIMA FIRING CENTER 1-82, 4 Ml N OF CITY YAKIMA WA 98901 ARMY RCRA 300S 11/16/1988 CORPS OF LAKE LAVON-ST PAUL SITE 2 SEND ROLLING MEADOWS ST WYLIE TX 7S098 CERCLA 103 11/16/1988 ENGINEERS, CIVIL CORPS OF OLD WILLISTON LANDFILL S19 R101 W T1S4N WILLISTON ND S8801 RCRA 3016 11/16/1988 ENGINEERS, CIVIL DAVID TAYLOR/ANNAPOLIS 640A BROADNECK RD ANNAPOLIS MD 21401 DEFENSE RCRA 3010 11/16/1988 CONTROL DAVID TAYLOR/ANNAPOLIS BAY HEAD RD ANNAPOLIS MD 21401 DEFENSE RCRA 3010 11/16/1988 LAUNCH DAVIDSONVILLE-LAUNCH 3737 ELMER HAGNER LANE DAVIDSONVILLE MD 2103S DEFENSE CERCLA 103 11/16/1988 DAYTON DEFENSE ELECTRONIC 1S07 WILMINGTON PIKE DAYTON OH 4S444 DEFENSE RCRA 3010 11/16/1988 SUPPLY CENTER MONTGOMERY COUNTY DEFENSE FUEL SUPPLY CENTER- 3300 PANOROMA DRIVE MORRO BAY CA 93442 DEFENSE RCRA 3010 11/16/1988 ESTERO BAY GAITHERSBURG-CONTROL 8S10 SNOUFFERS SCHOOL ROAD GAITHERSBURG MD 20879 DEFENSE CERCLA 103 11/16/1988 GAITHERSBURG-LAUNCH OFF SNOUFFERS SCHOOL ROAD GAITHERSBURG MD 20879 DEFENSE CERCLA 103 11/16/1988 GRANITE-LAUNCH 308S HERNWOOD ROAD WOODSTOCK MD 21163 DEFENSE CERCLA 103 11/16/1988 GREENSPRING CONTROL GREENSPRING ROAD GREENSPRING MD 21117 DEFENSE CERCLA 103 11/16/1988 LAYTONSVILLE-LAUNCH S321 RIGGS ROAD LAYTONSVILLE MD 20879 DEFENSE CERCLA 103 11/16/1988 POMONKEY-LAUNCH BUMPY OAK ROAD PO MONKEY MD 20646 DEFENSE CERCLA 103 11/16/1988 ROCKVILLE-CONTROL 10901 DARNSTOWN ROAD GAITHERSBURG MD 20878 DEFENSE CERCLA 103 11/16/1988 ROCKVILLE-LAUNCH MUDDY BRANCH GAITHERSBURG MD 20879 DEFENSE CERCLA 103 11/16/1988 US NAVAL RESEARCH LAB- END OF LAUREL BRANCH DRIVE WALDORF MD 20601 DEFENSE CERCLA 103 11/16/1988 CONTROL SPED DING HALL, METALS AMES LAB 2 AMES lA S0011-3400 ENERGY CERCLA 103 11/16/1988 DEVELOPMENT, WILHELM HALL & BPA-BAKE CONVINGTON 28401 COVINGTON WAY SE KENT WA 98031 ENERGY RCRA 3010 11/16/1988 SUBSTATION BPA-OL YMPIA SUBSTATION S240 TROSPER ST SW OLYMPIA WA 98S02 ENERGY RCRA 3010 11/16/1988 BPA-ROSS COMPLEX S411 NE HWY 99 VANCOUVER WA 98663 ENERGY RCRA 3010 11/16/1988 CENTER FOR ENERGY AND ROAD 108 KM 1.1 MAYAQUEZ PR 00708 ENERGY RCRA 3016 11/16/1988 ENVIRONMENTAL RESEARCH GRAND JUNCTION OFFICE 2S97 B 3/4 ROAD GRAND JUNCTION co 81S03 ENERGY RCRA 3016 11/16/1988 MONTICELLO URANIUM MILL SE OF MONTICELLO UT ENERGY RCRA 3016 11/16/1988 TAILINGS SITE MORGANTOWN ENERGY 3610 COLLINS FERRY RD MORGANTOWN wv 26SOS ENERGY RCRA 3010 11/16/1988 TECHNOLOGY CENTER

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Reporting Facility Name Address City State Zip Agency Date Mechanism NIAGARA FALLS STORAGE SITE 1397 PLETCHER ROAD LEWISTON NY 14092 ENERGY RCRA 3016 11/16/1988 OXNARD FACILITY 1235 E WOOLEY STREET OXNARD CA 93031 ENERGY RCRA 3010 11/16/1988 SPR-BIG HILL 23 Ml SW OF PT ARTHUR PORT ARTHUR TX 77641 ENERGY CERCLA 103 11/16/1988 US DOE SPR WEEKS ISLAND LA HWY 83 7 M 5 LYDIA LYDIA LA 70569 ENERGY RCRA 3010 11/16/1988 USDOE BPA BELL SUBSTATION E 2400 HAWTHORNE RD MEAD WA 98021 ENERGY RCRA 3010 11/16/1988 USDOE BPA SNOHOMISH lOTH & AVENUE D SNOHOMISH WA 98290 ENERGY RCRA 3010 11/16/1988 SUBSTATION USDOE-BPA ALVEY SUBSTATION 86000 FRANKLIN EUGENE OR 97405 ENERGY RCRA 3010 11/16/1988 USDOE-BPA MIDWAY PRIEST RAPIDS OFF HWY 24 VERNIA WA 98944 ENERGY RCRA 3010 11/16/1988 SUBSTATION USDOE-BPA TROUTDALE SUNDIAL RD TROUTDATE OR 97060 ENERGY RCRA 3010 11/16/1988 SUBSTATION USDOE-COLUMBIA SUBSTATION ST HWY286 Ml SOF CY ROCK ISLAND WA 98850 ENERGY RCRA 3016 11/16/1988 WAPA-HINTON PO BOX 1012 HINTON lA 51024 ENERGY RCRA 3005 11/16/1988 WAPA-MONTROSE POWER 1800 5. RIO GRANDE AVE MONTROSE co 81401 ENERGY CERCLA 103 11/16/1988 OPERATIONS CENTER WAPA-WATERTOWN 1 MI. E. OF 1-29 WATERTOWN SD 57201 ENERGY RCRA 3010 11/16/1988 SUBSTATION CENTRAL REGIONAL 839 BESTGATE ROAD ANNAPOLIS MD 21401 EPA RCRA 3010 11/16/1988 LABORATORY GSA RARITAN DEPOT 4700 WOODBRIDGE AVENUE EDISON NJ 08817 EPA RCRA 3005 11/16/1988 FHWA CENTRAL DIRECT FED. DIV GENERAL SERVICES DENVER FEDERAL CENTER BLDG-52 DENVER co 80225 RCRA 3005 11/16/1988 MATERIALS ADMINISTRATION GENERAL SERVICES SOMERVILLE DEPOT ROUTE 206 SOMERVILLE NJ 08876 CERCLA 103 11/16/1988 ADMINISTRATION BACK CREEK REAR RANGE COAST HOMELAND 25FT SQUARE POSITION CHESAPEAKE CITY MD 21915 CERCLA 103 11/16/1988 GUARD STRUCTURE SECURITY HOMELAND CG-POINT SPENCER DUMP SITE PORT CLARENCE-60 Ml NW OF CY NOME AK 99762 CERCLA 103 11/16/1988 SECURITY HOMELAND FORT MACARTHUR PACIFIC AVENUE SAN PEDRO CA 90731 CERCLA 103 11/16/1988 SECURITY MIDDLETOWN COAST GUARD HOMELAND LORAN C STATION MIDDLETOWN CA 95461 CERCLA 103 11/16/1988 LORAN C STATION SECURITY SANDY HOOK COAST GUARD HOMELAND HARTSHORNE DRIVE HIGHLANDS NJ 07732 RCRA 3010 11/16/1988 STATION SECURITY TRAVERSE CITY COAST GUARD HOMELAND AIR STATION (AVE ''E" AIRPORT ROAD TRAVERSE CITY Ml 45685 RCRA 3010 11/16/1988 SECURITY GROUNDWATER) BLM-STATELINE DUMP 10M E OF TOWN OF TULELAKE TULELAKE CA 96134 INTERIOR RCRA 3016 11/16/1988 (LANDFILL) BR-GLEN CANYON DAM 805 HEMLOCK PAGE AZ 86040 INTERIOR RCRA 3016 11/16/1988 BR-SMITH WASTEWAY 5 Ml E OF PASCO PASCO WA 99301 INTERIOR RCRA 3016 11/16/1988 BUREAU OF RECLAMATION 910 VAN BUREN LOVELAND co 80537 INTERIOR RCRA 3010 11/16/1988 CUYAMA DRUG LAB TION, R28W SEC15, NESE SANTA BARBARA CA INTERIOR RCRA 3016 11/16/1988 FWS-MIDWAY ATOLL MIDWAY ATOLL PI INTERIOR RCRA 3010 11/16/1988 FWS-PLUM TREE ISLAND 4005 SANDPIPER ROAD VIRGINIA BEACH VA 23456-4347 INTERIOR CERCLA 103 11/16/1988 NATIONAL WILDLIFE REFUGE FWS-WICHITA MOUNTAINS RT 1 INDIAHOMA OK 73552 INTERIOR RCRA 3016 11/16/1988 NATIONAL WILDLIFE REFUGE NPS-DENALI NATIONAL PARK Ml237, GEORGE PARKS HWY DENALI PARK AK 99755 INTERIOR RCRA 3016 11/16/1988 AND PRESERVE NPS-FIRE ISLAND NATIONAL 120 LAUREL STREET PATCHOGUE NY 11772 INTERIOR RCRA 3016 11/16/1988 SEASHORE NPS-GLACIER BAY NATIONAL BARTLETI COVE GUSTAVUS AK 99826 INTERIOR RCRA 3016 11/16/1988 PARK AND PRESERVE PADRE ISLAND NATIONAL PARK ROAD 22 CORPUS CRISTI TX 78418 INTERIOR RCRA 3010 11/16/1988 SEASHORE BONE YARD SEQUOIA & Kl NGS CANYON NATL THREE RIVERS CA 93271 INTERIOR RCRA 3005 11/16/1988 PARK FEDERAL CORRECTIONAL US PENITENTIARY LOMPOC CA 93436 JUSTICE RCRA 3016 11/16/1988 INSTITUTE LOMPOC E NATURAL BRIDGE AVE & JOB CORPS CENTER-STLOUIS STLOUIS MD 63120 LABOR CERCLA 103 11/16/1988 GOODFELLOW BLVD MICHOUD ASSEMBLY FACILITY 13800 OLD GENTLY ROD NEW ORLEANS LA 70129 NASA RCRA 3010 11/16/1988 BEDFORD NAVAL WEAPONS HARTWELL ROAD BEDFORD MA 01730 NAVY RCRA 3016 11/16/1988 INDUSTRIAL RESERVE PLANT 55 Ml SW OF POINT LAY, MOUTH OF CAPE SABINE DEW LINE SITE POINT LAY AK 99759 NAVY CERCLA 103 11/16/1988 KAHKATAK CREEK, 69D01MOOSN, DEFENSE REUTILIZATION & WAIMANO HOME RD/ P.O. BOX 580 PEARL HARBOR HI 96782-0580 NAVY RCRA 3016 11/16/1988 MKTG REG-PAC FORT WADSWORTH FT. WADSWORTH STATEN ISLAND NY 10305 NAVY RCRA 3010 11/16/1988 HONOLULU NAVAL COMPUTER & 500 CENTER ST WAHIAWA HI 96786 NAVY RCRA 3016 11/16/1988 TELECOMMUNICATIONS, EP NAS NORTH ISLAND-WARNER WARNER SPRINGS WARNER SPRINGS CA 92086 NAVY CERCLA 103 11/16/1988 SPRINGS SERE CAMP NAVAL COMPLEX APRA HARBOR- APRA HARBOR NAVAL COMPLEX PITI GU 96925 NAVY RCRA 3016 11/16/1988 DENTAL CENTER NAVAL INDUSTRIAL RESERVE PO BOX 3504 SUNNYVALE CA 94086-3504 NAVY CERCLA 103 11/16/1988 ORDINANCE PLANT

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Reporting Facility Name Address City State Zip Agency Date Mechanism NWS YORKTOWN-CHEATHAM CHEATHAM ANNEX, NAVAL SUPPLY YORKTOWN VA 2318S NAVY RCRA 300S 11/16/1988 ANNEX CENTER PATUXENT RIVER NAVAL AIR DEPT OF THE NAVY SOLOMONS MD 20688 NAVY CERCLA 103 11/16/1988 STATION VIRGINIA BEACH FLEET COMBAT FCTC ATLANTIC DAM NECK VIRGINIA BEACH VA 23461 NAVY RCRA 3010 11/16/1988 TRAINING CENTER TENNESSEE VALLEY TVA KINGSTON STEAM PLANT OFF 1-40 EAST KINGSTON TN 69142 RCRA 300S 11/16/1988 AUTHORITY TENNESSEE VALLEY TVA SILVER KING MINERS INC. USHWY.18 EDGEMONT SD S773S RCRA 3010 11/16/1988 AUTHORITY DOT TESTTRACK TRANSPORTATION TEST CENTER 21 MILES NE PUEBLO MEM AIRPORT co 81001 TRANSPORTATION RCRA 300S 11/16/1988 RD Allegheny National Forest- Township Road 317, .5 mile east of Rte Kane PA 1636S AGRICULTURE CERCLA 103 12/lS/1989 McKinley Tar Pits 66 HUMBOLDT NATL FOREST-WINNEMUCA BUCKSKIN MINE ELKO NV 89822 AGRICULTURE CERCLA 103 12/lS/1989 RANGER D ELKHORN MINE AND MILL 610 N. MONTANA ST DILLON MT S972S AGRICULTURE OTHER 12/lS/1989 FREMONT NF: WHITE S24 NORTH G STREET LAKEVIEW OR 97630 AGRICULTURE RCRA 3016 12/lS/1989 KING/LUCKY LASS MINE HIAWATHA NF: MUNISING MUNISING T46N R18W S19 SW\1 4\ Ml 49829 AGRICULTURE CERCLA 103 12/lS/1989 LANDFILL TOWNSHIP HIGH PLAINS GRASSLANDS 8404 HILDRETH ROAD CHEYENNE WY 82009-8899 AGRICULTURE RCRA 3016 12/lS/1989 RESEARCH STATION HURON-MANISTEE NF: WHITE 12 N CHARLES AVE WHITE CLOUD Ml 49349 AGRICULTURE CERCLA 103 12/lS/1989 CLOUD PLUMAS NF: WALKER MINE 1S9 LAWRENCE ST. BOX 11SOO QUINCY CA 9S971-602S AGRICULTURE CERCLA 103 12/lS/1989 TAILINGS RANGE AND PASTURE RESEARCH 2000 18TH STREET WOODWARD OK 73801 AGRICULTURE CERCLA 103 12/lS/1989 HWY 93 NW OF COBALT, T4S RSE S20, SALMON NF: BLACKBIRD MINE COBALT ID 83229 AGRICULTURE CERCLA 103 12/lS/1989 21 & 22 SHASTA-TRINITY NF: GOLINSKY 2400 WASHINGTON AVE-NUE REDDING CA 96001 AGRICULTURE CERCLA 103 12/lS/1989 MINE SHEEP EXPERIMENT STATION llS N DUBOIS ID 83423 AGRICULTURE RCRA 3016 12/lS/1989 SIERRA NF: BASS LAKE LANDFILL 1130 0 ST. ROOM 3017 FRESNO CA 93721 AGRICULTURE CERCLA 103 12/lS/1989 SOIL AND WATER MANAGEMENT ROUTE 1, BOX 186, 3600 EAST. KIMBERLY ID 83341 AGRICULTURE RCRA 3016 12/lS/1989 RESEARCH UNIT WATERTOWN DAIRY 6 MOORE RD WAYLAND MA 01778 AGRICULTURE RCRA 3016 12/lS/1989 WAYNE-HOOSLER NF: WEBB SITE T4N, R16W, SEC 18 IRONTON OH AGRICULTURE CERCLA 103 12/lS/1989 WILLAMETTE NF: SHINY ROCK HIGHWAY 126 3S Ml E OF CITY EUGENE OR 97440 AGRICULTURE RCRA 3016 12/lS/1989 MINE FRESNO AUCRAD S168 EAST DAKOTA AVE FRESNO CA 93727 AIR FORCE RCRA 3010 12/lS/1989 KAALAAIR FORCE STATION TAXHWAY S & KAMAKHI ST HONOLULU HI 98S43 AIR FORCE CERCLA 103 12/lS/1989 MARTIN'S AIRPORT AIR 2701 EASTERN BOULEVARD BALTIMORE MD 21220-2899 AIR FORCE CERCLA 103 12/lS/1989 NATIONAL GUARD SKY HARBOR INTERNATIONAL 2001 S. 32ND ST PHOENIX AZ 8S034 AIR FORCE RCRA 3010 12/lS/1989 AIRPORT US AIR FORCE ALTUS AFB 443 ABG/DEEV ALTUS OK 73S21 AIR FORCE RCRA 3010 12/lS/1989 US AIR FORCE MELROSE RANGE 2S Ml W OF CANNON AFB. MELROSE NM 88124 AIR FORCE RCRA 300S 12/lS/1989 ARMY & AIR FORCE ESCH SVC BLD 99 MARATIME OAKLAND CA 94623 ARMY RCRA 3010 12/lS/1989 MCGREGOR FORT BLISS AIR DEFENSE CENTER MCGREGOR RANGE FAW 10 NM 88003 ARMY RCRA 3010 2/12/1988 RANGE PEDRICKTOWN SUPPORT ROUTE 130 & ARTILLERY AVE PEDRICKTOWN NJ 08067 ARMY RCRA 3010 12/lS/1989 FACILITY PEWAUKEE ARMY RESERVE 619 W WISCONSIN AVE PEWAUKEE WI S3072 ARMY RCRA 3010 12/lS/1989 CENTER SUNNY POINT MILITARY OCEAN ATTN: MTE SU-FE SOUTHPORT NC 28461 ARMY CERCLA 103 12/lS/1989 TERMINAL US DEPT OF THE ARMY AMSA#S 1430 BROADWATER AVE BILLINGS MT S9102 ARMY RCRA 3010 12/lS/1989 EDA-COLUMBIA GARDENS COLUMBIA GARDENS PASCO WA 99301 COMMERCE CERCLA 103 12/lS/1989 NATIONAL MARINE FISHERIES U.S. DEPT OF MARINE FISHERIES, OXFORD MD 216S4 COMMERCE CERCLA 103 12/lS/1989 SERVICE-OXFORD LAB OXFORD LABORATORY FLOATING PLANT-REPAIR CORPS OF 27TH & CANAL LOUISVILLE KY 40212 RCRA 3010 12/lS/1989 FACILITY ENGINEERS, CIVIL WHITTIER TANK FARM \3/4\ Ml N OF TOWN WHITTIER AK 99693 DEFENSE CERCLA 103 12/lS/1989 LOVELACE INHALATION TOXICOLOGY RESEARCH BLDG. 9200, KIRTLAND AFB EAST ALBUQUERQUE NM 8718S ENERGY CERCLA 103 12/lS/1989 INSTITUTE MORICHES COAST GUARD HOMELAND 100 MORICHES ISLAND RD EAST MORICHES NY 11940 RCRA 3010 12/lS/1989 GROUP SECURITY HOMELAND SAN FRANCISCO CAMSPAC S25 MESA ROAD BOLINAS CA 949S6 RCRA 3010 12/lS/1989 SECURITY SHINNECOCK COAST GUARD HOMELAND SHINNECOCK STATION HAMPTON BAYS NY 11946 RCRA 3010 12/lS/1989 STATION SECURITY BIA-SAN CARLOS IRRIGATION CM HQY287 AND COOLIDGE BLVD COOLIDGE AZ 8S228 INTERIOR RCRA 3010 12/lS/1989 PROJECT BLM BRAWLEY DRUG LAB NEAR BRAWLEY BRAWLEY CA INTERIOR CERCLA 103 12/lS/1989 BLM DELTA COUNTY LANDFILL T14NR95WSEC10, 6TH PM ECKERT co 81418 INTERIOR RCRA 3010 12/15/1989 BLM DESERT SITE 9MI WEST OF YUMA, AZ CA INTERIOR CERCLA 103 12/15/1989 BLM ESPANOLA LANDFILL T20N R9E-SEC 6N MPH ESPANOLA NM 98844 INTERIOR CERCLA 103 12/15/1989

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Reporting Facility Name Address City State Zip Agency Date Mechanism BLM INDIO HILLS 1 Ml E OF DILLON RD CA INTERIOR CERCLA 103 12/15/1989 BLM STEAMBOAT POINT T.2S.N.R.lO.E. SEC.l8 PMM LOMA MT 59460 INTERIOR CERCLA 103 12/15/1989 BLM-ANTHONY LANDFILL T265 R4E SEC30 NWY4+E V2 OF LOT 2 ANTHONY NM 88021 INTERIOR CERCLA 103 12/15/1989 BLM-BAROIL LANDFILL T26NR 90WSEC26 BAROIL WY 82322 INTERIOR CERCLA 103 12/15/1989 BLM-BIRCH CREEK SITE STATE RT.235ATCALPET CAL PET WY 82923 INTERIOR CERCLA 103 12/15/1989 BLM-BLUE ROCK MILLSITE T8SR37ESEC8SESE BIG PINE CA 93513 INTERIOR CERCLA 103 12/15/1989 TlNRlOlWSECELUTEPM, 4 Ml E OF BLM-BOOKCLIFF LANDFILL GRAND JUNCTION co 81501 INTERIOR CERCLA 103 12/15/1989 GRAND JUNCTION BLM-BOULDER LANDFILL WYOMING STATE RT 23-106 SUBLETIE WY 82923 INTERIOR CERCLA 103 12/15/1989 BLM-BROWNS GULCH T65, R7E. SEClO Wl/2 BRUNEAU ID 83804 INTERIOR CERCLA 103 12/15/1989 BLM-CARLSBAD LANDFILL T21S,R27E,S27, W .5, SE\1/4\, SW\1/ 4\ CARLSBAD NM 88220 INTERIOR CERCLA 103 12/15/1989 BLM-CASTLEFORD BUTIE TlOS, R12E, SEC 23 CASTLEFORD ID 83321 INTERIOR CERCLA 103 12/15/1989 BLM-CHAPARAL LANDFILL T26SR5ESEC14 CHAPARRAL NM 88021 INTERIOR CERCLA 103 12/15/1989 BLM-CODY LANDFILL 1 MILE WEST OF HWY 120-50 OF CODY CODY WY 82414 INTERIOR CERCLA 103 12/15/1989 BLM-DUCK FLAT T36NR19E SEC7NWSE CA INTERIOR CERCLA 103 12/15/1989 BLM-HELL'S HALF ACRE-EAST TlS R36E 54, 2.3 Ml FROM JUNCTION FIRTH ID 83236 INTERIOR CERCLA 103 12/15/1989 FINGER DUMP OF BASELINE AND LAVA ROADS BLM-HELL'S HALF ACRE-WEST TIS R36E 532,3.5 Ml W OF SHELLEY FIRTH ID 83236 INTERIOR CERCLA 103 12/15/1989 FINGER DUMP BLM-HILL LANDFILL T22SR1E SECS3&4NMPH HILL NM 88032 INTERIOR CERCLA 103 12/15/1989 BLM-HYDE MINE 35/32/46 & 108/41/26 GALLUP NM 87301 INTERIOR CERCLA 103 12/15/1989 BLM-LEMITAR LANDFILL T25Rl W SECS13&24 LEMITAR NM INTERIOR CERCLA 103 12/15/1989 T195 R6E 514NE 511 FAIRBANKS BLM-MACLAREN GLACIER MINE PAXSON AK 99737 INTERIOR CERCLA 103 12/15/1989 MERIDIAN BLM-MESQUITE LANDFILL T24SR3ESEC29NMPH MESQUITE NM INTERIOR CERCLA 103 12/15/1989 BLM-MONTVIEW T8N R34E SEC 22 NWNW E OF CY MONTVIEW ID 83435 INTERIOR CERCLA 103 12/15/1989 BLM-OLD LYSITE LANDFILL BADWATER ROAD LYSITE WY 82642 INTERIOR CERCLA 103 12/15/1989 BLM-OROGRANDE LANDFILL T22SR8E SEC14SWESW OROGRANDE NM INTERIOR CERCLA 103 12/15/1989 TINR101WSEC8, 6TH PM 53 5 Ml WON BLM-RANGELY LANDFILL RANGELY co 81648 INTERIOR CERCLA 103 12/15/1989 HWY 64, 1 ME OF RANGELY BLM-RIVERSIDE COUNTY DUMP 1000 MIDLAND RD BLYTHE CA 92225 INTERIOR CERCLA 103 12/15/1989 T34NR96WSEC26, 1/2 Ml E OF BLM-RIVERTON LANDFILL. RIVERTON WY 82501 INTERIOR CERCLA 103 12/15/1989 RIVERTON BLM-SAN ANTONIO LANDFILL T5SR1E SEC6NMPH SAN ANTONIA NM INTERIOR CERCLA 103 12/15/1989 BLM-SIMCAL CHEMICAL 50 W. DENENBERG RD EL CENTRO CA INTERIOR CERCLA 103 12/15/1989 CORPORATION BLM-SNOWVILLE LANDFILL T14N, R9W, SEC32 SNOWVILLE UT 84336 INTERIOR CERCLA 103 12/15/1989 BLM-SOUTH BIGHORN COUNTY OFF OF US 20 GREYBULL WY 82410 INTERIOR CERCLA 103 12/15/1989 LANDFILL BLM-SOUTH FORK LANDFILL T40NNR3E SEC 26 MONTE VISTA co 81144 INTERIOR CERCLA 103 12/15/1989 BLM-THOREAU LANDFILL T14NR13W SEC20NMPH THOREAU NM INTERIOR CERCLA 103 12/15/1989 BLM-TRUTH OR CONSEQUENCES TRUTH OR T13SR4W SEC22NMPH NM INTERIOR CERCLA 103 12/15/1989 LANDFILL CONSEQUENCES BLM-VELARDE LANDFILL T22NR9E SEC20NMPH VELARDE NM 87582 INTERIOR CERCLA 103 12/15/1989 BLM-VICTORY MILLSITE T11NR12WSEC32, SILVER QUEEN ROAD MOJAVE CA 93501 INTERIOR CERCLA 103 12/15/1989 BLM-WALDEN LANDFILL APPROXIMATELY 3 MI. NE OF WALDEN WALDEN co 80480 INTERIOR CERCLA 103 12/15/1989 BLM-WARRIOR ROAD T35N RlW 511, NEAREST CITY KUNA KUNA ID 83634 INTERIOR CERCLA 103 12/15/1989 TlS, R19W, SEC3, LOTS lAND 2, 3 Ml E BLM-WENDOVER LANDFILL WENDOVER UT 84083 INTERIOR CERCLA 103 12/15/1989 OF WENDOVER. BLM-WORLAND LANDFILL WEST OF WYOMING STREET 433 WORLAND WY 82401 INTERIOR CERCLA 103 12/15/1989 BR-HUNGRY HORSE DAM EDGE OF HUNGRY HORSE HUNGRY HORSE MT 59919 INTERIOR RCRA 3010 12/15/1989 GRANBY LANDFILL 2N77WSEC26827 GRANBY co 80480 INTERIOR CERCLA 103 12/15/1989 NPS-BERING LAND BRIDGE NP: 45 Ml SW OF DEERING DEERING AK 99736 INTERIOR CERCLA 103 12/15/1989 LAVA LAKE DRYDEN FLIGHT RESEARCH EDWARDSAFB EDWARDS CA 93523 NASA CERCLA 103 12/15/1989 FACILITY GOLDSTONE TRACKING FACILITY 36 Ml N OF BARSTOW@ FT IRWIN BARSTOW CA 92311 NASA CERCLA 103 12/15/1989 FORMER NAVAL HOUSING AREA- 25TH ST & EL ANITA DR SAN PEDRO CA 90732 NAVY CERCLA 103 12/15/1989 SAN PEDRO NRL UNDERWATER SOUND 755 GATLIN AVE ORLANDO FL 32806 NAVY RCRA 3010 12/15/1989 REFERENCE DETACHMENT SAINT HELENA ANNEX SOUTH MAIN ST NORFOLK VA 23523 NAVY RCRA 3010 12/15/1989 US NAVAL RESERVE CENTER 26400 E ELEVEN MILE RD SOUTHFIELD Ml 48075 NAVY RCRA 3010 12/15/1989 FAA-AIR ROUTE TRAFFIC CENTER 5400 DAVIS HIGHWAY ANCHORAGE AK 99506 TRANSPORTATION CERCLA 103 12/15/1989 USDOT-FAA BIORKA ISLAND. 6 Ml W OF SITKA SITKA AK 99835 TRANSPORTATION RCRA 3010 12/15/1989 USDOT-FRA ARCTIC COOPERAGE 932 WHITNEY RD ANCHORAGE AK 99501 TRANSPORTATION CERCLA 103 12/15/1989 VETERANS BATILE CREEK MEDICAL CENTER 5600 ARMSTRONG RD BATILE CREEK Ml 49016 RCRA 3010 12/15/1989 ADMINISTRATION BLACK HILLS NF: CUSTER RANGER 647 NORTH 3RD ST CUSTER SD 57730 AGRICULTURE RCRA 3010 8/22/1990 DISTRICT BLACK HILLS NF: SPOKANE R6E, T25, SW\1/4\ SEC 26 SPOKANE SD 57730 AGRICULTURE CERCLA 103 8/22/1990 MUNITIONS OCHOCO NF; MOTHERLODE HIGHWAY2612 Ml EOFCY PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 8/22/1990 MINE SANTA FE NF: LA BAJADA MINE 1.25 Ml UPSTREAM FROM LA BEJADA LA BAJADA NM AGRICULTURE CERCLA 103 8/22/1990 WILLAMETIE NF: LOWELL FS RD 1806-433, SPUR 477, LOWELL OR 97452 AGRICULTURE RCRA 3010 8/22/1990 RANGER STATION 44D02M01SN, 122D35M06SW BOISE AIR NATIONAL GUARD- 43D33MOOSN, 116D13MOOSW BOISE ID 83705 AIR FORCE RCRA 3005 8/22/1990

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Reporting Facility Name Address City State Zip Agency Date Mechanism GOWEN FIELD VIRGINIA AIR NATIONAL GUARD RICHMOND INTERNATIONAL AIRPORT SANDSTON VA 23150 AIR FORCE CERCLA 103 8/22/1990 AMHERST ARMY RESERVE 100 N FOREST RD BUFFALO NY 14221 ARMY RCRA 3010 8/22/1990 CENTER NORTH SMITHFIELD NIKE NORTH POUNDHILL ROAD Rl 02875 ARMY CERCLA 103 8/22/1990 LAUNCHER AREA SMITHFIELD PFC CHARLES DEGLOPPER ARMY 2393 COLVIN BLVD TONAWANDA NY 14150 ARMY RCRA 3010 8/22/1990 RESERVE CENTER WEST VIRGINIA ORDNANCE RTE 1 BOX 125 PT PLEASANT wv 25550 ARMY CERCLA 103 8/22/1990 WORKS CORPS OF FORT PECK PROJECT YELLOWSTONE RD FORT PECK MT 59223 RCRA 3010 8/22/1990 ENGINEERS, CIVIL CORPS OF JOHN DAY DAM RUFUS EXIT RUFUS OR 97050 RCRA 3010 8/22/1990 ENGINEERS, CIVIL NORTH PACIFIC DIVISION CORPS OF 1491 NW GRAHAM AVE TROUTDALE OR 97060 RCRA 3010 8/22/1990 MATERIALS LABORATORY ENGINEERS, CIVIL RIVER Ml192, EXIT 88, 1-84 4 Ml E OF CORPS OF THE DALLES DAM THE DALLES OR 97058 RCRA 3010 8/22/1990 THE DALLES ENGINEERS, CIVIL NGA BETHESDA 4600 SANGAMORE ROAD BETHESDA MD 20816 DEFENSE RCRA 3010 8/22/1990 US DEFENSE MAPPING AGENCY 6501 LAFAYETTE AVE GENT REC AR RIVERDALE MD 20797 DEFENSE RCRA 3010 8/22/1990 HTC T20N, R4W 536, 55 ME OF GASBUGGY DULCE (NEAR) NM ENERGY CERCLA 103 8/22/1990 FARMINGTON T235, R30E, SECC 34, 31 M SE OF GNOME-COACH CARLSBAD NM ENERGY CERCLA 103 8/22/1990 CARLSBAD OAK RIDGE RESERVATION PO BOX 2001 OAK RIDGE TN 37831 ENERGY RCRA 3005 8/22/1990 RESEARCH TECHNOLOGY CENTER HWY 54 & ALEXANDER DRIVE NC 27711 EPA RCRA 3005 8/22/1990 TRIANGLE PARK GENERAL SERVICES SOCIAL SECURITY COMPLEX 6401 SECURITY BLVD BALTIMORE MD 21235 RCRA 3010 8/22/1990 ADMINISTRATION CG-ST. PAUL ISLAND LORAN SAINT PAUL AIRPORT, 1.5 Ml FROM SAINT PAUL HOMELAND AK 99660 RCRA 3010 8/22/1990 STATION RUNWAY2 ISLAND SECURITY BIA-SHAKOPEE DUMP SECTION 1 T11SN R23W SHAKOPEE MN 55379 INTERIOR CERCLA 103 8/22/1990 BLM ROUNDUP LANDFILL 1.5 MILES NORTHWEST OF ROUNDUP ROUNDUP MT 59072 INTERIOR CERCLA 103 8/22/1990 DOl PARKER RIVER REFUGE NORTHERN BOULEVARD, PLUM ISLAND NEWBURYPORT MA 01950 INTERIOR RCRA 3016 8/22/1990 FWS-LAGUNAATASCOSA P.O. BOX 450 RIO HONDO TX 78583 INTERIOR CERCLA 103 8/22/1990 NATIONAL WILDLIFE REFUGE NPS-GATEWAY NATIONAL FLOYD BENNETT FIELD BROOKLYN NY 11234 INTERIOR CERCLA 103 8/22/1990 RECREATIONAL AREA DSDOL-TONGUE POINT JOB BETWN MP 95 & 96 HWY 30 ASTRORIA OR 97103 LABOR CERCLA 103 8/22/1990 CORPS CNTR HALAWA HEIGHTS HEADQUARTERS- MARINE CAMP H.M. SMITH A lEA HI 96701 NAVY RCRA 3010 8/22/1990 AIEA US MARINE CORPS 10810 NATURAL BRIDGE RD BRIDGETON MO 63044 NAVY CERCLA 103 8/22/1990 US NAVAL STATION ANNAPOLIS NAVAL COMPLEX BETHESDA MD 20015 NAVY RCRA 3010 8/22/1990 BUREAU OF ENGRAVING AND 9000 BLUE MOUND RD-1 MILE SOUTH PRINTING WESTERN CURRENCY FORT WORTH TX 76131 TREASURY RCRA 3010 8/22/1990 FM FACILITY VETERANS HINES SUPPLY DEPOT 1ST AVE AND 21ST ST HINES IL 60141 RCRA 3010 8/22/1990 ADMINISTRATION VETERANS MINNEAPOLIS MEDICAL CENTER ONE VETERANS DR MINNEAPOLIS MN 55417 RCRA 3010 8/22/1990 ADMINISTRATION VA MEDICAL CENTER VETERANS HWY 165 AND HWY 71 ALEXANDRIA LA 71306-9004 RCRA 3010 8/22/1990 ALEXANDRIA ADMINISTRATION VA WEST LOS ANGELES VETERANS 11296 WILSHIRE & SAWFELLE BLVD LOS ANGELES CA 90073 CERCLA 103 8/22/1990 HEAL THCARE CENTER ADMINISTRATION APACHE/SITGREAVES NF: P.O. BOX 640 SPRINGERVILLE AZ 85938 AGRICULTURE CERCLA 103 9/27/1991 MIDDLE MTN SILVEX SITE CHIPPEWA NATIONAL FOREST RURAL RT 3, BOX 244 CASS LAKE MN 5633 AGRICULTURE RCRA 3016 9/27/1991 CHUGACH NF; KENAI LAKE WORK Ml23.5 SEWARD HIGHWAY SEWARD AK 99664 AGRICULTURE CERCLA 103 9/27/1991 CENTER DESOTO NATIONAL FOREST 100 W. CAPITOL ST., SUITE 1141 JACKSON MS 39269 AGRICULTURE CERCLA 103 9/27/1991 ACCESS ROADS MANTI-LASAL NF: BLACK HAT 559 WEST PRICE RIVER DRIVE PRICE UT AGRICULTURE RCRA 3016 9/27/1991 MINE NANTAHALA NF: SWAIN COUNTY SR1311 BRYSON CITY NC 28713 AGRICULTURE CERCLA 103 9/27/1991 NICOLET NF: LAKEWOOD 15085 HWY 32 LAKEWOOD WI 54501 AGRICULTURE RCRA 3016 9/27/1991 SANITARY LANDFILL OTTAWA NATIONAL FOREST 2100 E CLOVEDAND DR WATERSMEET Ml 49969 AGRICULTURE RCRA 3010 9/27/1991 T18N R9E 52, 3, 10, 11, 14, 15, 16, PAYETTE NF: STIBNITE MINE YELLOW PINE ID 83677 AGRICULTURE CERCLA 103 9/27/1991 21&22 PRESCOTT NF: UPPER LYNX 344 SOUTH CORTEZ PRESCOTT AZ 86303 AGRICULTURE CERCLA 103 9/27/1991 CREEK MINES RIO GRANDE NF: BONANZA 1803 WEST HIGHWAY 160 MONTE VISTA co 81144 AGRICULTURE CERCLA 103 9/27/1991 MINING AREA SCHUSTER FARM TSSN R33W 558 517 GOWER MO 64454 AGRICULTURE CERCLA 103 9/27/1991 GLENVIL SECTION 5 IMPOUNDMENT SW 1/4 NW 1/4 SE 1/4 OF SEC 5 NE AGRICULTURE CERCLA 103 9/27/1991 TOWNSHIP SIUSLAW NF: MT. HEBO AIR 8MI EOF HWY22 HEBO OR 97122 AGRICULTURE CERCLA 103 9/27/1991

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Reporting Facility Name Address City State Zip Agency Date Mechanism FORCE STATION USDA APPALACHIAN SOIL & AIRPORT RD BEAVER wv 25813 AGRICULTURE RCRA 3010 9/27/1991 WATER RES LAB WISE FARM US HWY 78 & CORD 38 BLACKVILLE sc AGRICULTURE RCRA 3016 9/27/1991 BELLOWS AIR FORCE STATION 10 MS E OF CY RTE. 72 HONOLULU HI 96898 AIR FORCE RCRA 3016 9/27/1991 BRANDYWINE DRMO RT 381 BRANDYWINE ROAD BRANDYWINE MD 20613 AIR FORCE RCRA 3010 9/27/1991 CALIFORNIA AIR NATIONAL 5425 MCKINLEY AVE FRESNO CA 93727 AIR FORCE RCRA 3010 9/27/1991 GUARD CAMPION AIR FORCE STATION 4 MILES NE OF GALENA AK 99765 AIR FORCE RCRA 3016 9/27/1991 CAVALIER AIR FORCE STATION 830 PATROL ROAD 26 CAVALIER ND 58220 AIR FORCE CERCLA 103 9/27/1991 9.1 Ml NW OF CITY, TS65 R89W 59, COLD BAY AIR FORCE STATION COLD BAY AK 99571 AIR FORCE RCRA 3010 9/27/1991 IZEMBEK NWR, ALEUTIAN ISLANDS CONNECTICUT AIR NATIONAL BRADLEY ANG BASE EAST GRANBY CT 06026 AIR FORCE RCRA 3010 9/27/1991 GUARD BRADLEY BASE COSTA MESA AIR NATIONAL 2651 NEWPORT BLVD COSTA MESA CA 92627 AIR FORCE RCRA 3010 9/27/1991 GUARD STATION LAT 16 44 N LON DNA JOHNSTON ATOLL JOHNSTON ATOLL PACIFIC OCEAN TT 96305 AIR FORCE RCRA 3005 9/27/1991 169 31 w EHRLING BERGQUIST STRATEGIC CAPEHART RD. AND 25TH STREET BELLEVUE NE 68113 AIR FORCE RCRA 3010 9/27/1991 HOSPITAL ELLINGTON AIR FORCE BASE 174TH, ELLINGTON FIELD HOUSTON TX 77034 AIR FORCE RCRA 3016 9/27/1991 FRESNO AIR TERMINAL 144TH FIW, FRESNO AIR TERMINAL FRESNO CA 93727 AIR FORCE RCRA 3016 9/27/1991 GOLD KING CREEK RADIO RELAY T85 R2W SEC 22,27 VALDEZ AK 99686 AIR FORCE CERCLA 103 9/27/1991 STATION GUNTER AIR FORCE STATION 55 SOUTH LEMAY PLAZA MONTGOMERY AL 36112 AIR FORCE CERCLA 103 9/27/1991 HAYWARD AIR NATIONAL GUARD 1525 WEST WINTON AVE HAYWARD CA 94545 AIR FORCE RCRA 3010 9/27/1991 BASE HECTOR AIR NATIONAL GUARD P 0 BOX 5538 FARGO ND 58105 AIR FORCE CERCLA 103 9/27/1991 BASE ILLINOIS AIR NATIONAL GUARD, CAPITOL AIRPORT SPRINGFIELD IL 62707 AIR FORCE RCRA 3016 9/27/1991 CAPITOL MAP LA PORTE AIR NATIONAL GUARD HIGHWAY225 LA PORTE TX 77571 AIR FORCE CERCLA 103 9/27/1991 MONTANA AIR NATIONAL INTERNATIONAL AIRPORT MISSOULA MT 59801 AIR FORCE RCRA 3010 9/27/1991 GUARD OMS#2 MTN MARLELANG RADIO RELAY MTN MARTEL ANG RADIO RELAY DANVILLE CA 94526 AIR FORCE CERCLA 103 9/27/1991 SITE NEDERLAND AIR NATIONAL HIGHWAY69 NEDERLAND TX 77627 AIR FORCE CERCLA 103 9/27/1991 GUARD NORTH SMITHFIELD NIKE NORTH 274 OLD OXFORD ROAD Rl 02876 AIR FORCE CERCLA 103 9/27/1991 CONTROL AREA SMITHFIELD PACIFIC BELL SOUTH FORK MOUNTAIN REDDING CA 96601 AIR FORCE RCRA 3010 9/27/1991 DET 5, 50 WS/CC, AF STATION, 10 PALEHUA SOLAR OBSERVATORY HICKMANAFB HI 96853-5254 AIR FORCE RCRA 3016 9/27/1991 HICKMAN TRURO INST STP OFF ALDRICH RD N TRURO MA 02666 AIR FORCE CERCLA 103 9/27/1991 USAF AEROSPACE GROUND JCT AVE B & 2ND ST MYRTLE BEACH sc 29577 AIR FORCE CERCLA 103 9/27/1991 EQUIPMENT USAF PLANT70 CA AIR FORCE RCRA 3016 9/27/1991 USAF POINSETT ELECTRONIC 5 MILES SOUTH OF WEDGEFIELD SUMTER sc 29168 AIR FORCE RCRA 3010 9/27/1991 COMBAT RANGE USAF-ANG NORTH BEND T255 R13W SEC9 NORTH BEND OR 97459 AIR FORCE CERCLA 103 9/27/1991 STATION UTAH TEST & TRAINING RANGE IMMEDIATELY SW OF WENDOVER WELLS NV 89835 AIR FORCE CERCLA 103 9/27/1991 UTAH TEST & TRAINING RANGE IMMEDIATELY SW OF WENDOVER WENDOVER NV 89883 AIR FORCE CERCLA 103 9/27/1991 ARMY GUARD WET SITE 4MIEHWY61MISOF HASTINGS NE 68901 ARMY CERCLA 103 9/27/1991 ARMY RESERVE CENTER 1412 WESTOVER DRIVE CHARLOTTE NC 28205 ARMY CERCLA 103 9/27/1991 (CHARLOTTE #2) ATTERBURY RESERVE FORCES HOSPITAL RD EDINBURGH IN 46124 ARMY RCRA 3010 9/27/1991 TRAINING AREA CAMP BULLIS EAST OF NlHlO ON CAMP BULLIS ROAD SAN ANTONIO TX 78265 ARMY CERCLA 103 9/27/1991 CARL J. SHELTER ARMY RESERVE 2300 lOTH STREET LAKE CHARLES LA 70601 ARMY RCRA 3010 9/27/1991 CENTER CAVEN POINT ARMY RESERVE 1 CHAPEL AVENUE JERSEY CITY NJ 07305 ARMY RCRA 3010 9/27/1991 CENTER ELIHU ROOT ARMY RESERVE 96 BURRSTONE RD UTICA NY 13502 ARMY RCRA 3010 9/27/1991 CENTER FORT DES MOINES (INACTIVE) 225 E ARMY POST RD DES MOINES lA 50315 ARMY CERCLA 103 9/27/1991 FRANKFORD ARSENAL BRIDGE & TACONY STS PHILADELPHIA PA 19137 ARMY RCRA 3010 9/27/1991 GRANITE-CONTROL 2845 HERNWOOD ROAD WOODSTOCK MD 21163 ARMY CERCLA 103 9/27/1991 HAINES PETROLEUM, OIL, & LUTEK POINT HAINES AK 99827 ARMY CERCLA 103 9/27/1991 LUBRICANTS (POL) TERMINAL MANITOWOC ARMY RESERVE 3125 5 lOTH ST MANITOWOC WI 54220 ARMY RCRA 3010 9/27/1991 CENTER NEW ORLEANS MILITARY OCEAN 4400 DAUPHINE ST NEW ORLEANS LA 70145 ARMY CERCLA 103 9/27/1991 TERMINAL NIKE BATTERY KANSAS CITY-30 ROUTE KK LONE JACK MO 64070 ARMY CERCLA 103 9/27/1991 INACTIVE SAN DIEGO AIR NATIONAL 7288 CONVOYCT SAN DIEGO CA 92111 ARMY RCRA 3010 9/27/1991 GUARD STA TSG H.C. LOCKWOOD ARMY 111 FINNEY BLVD MALONE NY 12953 ARMY RCRA 3010 9/27/1991

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Reporting Facility Name Address City State Zip Agency Date Mechanism RESERVE CENTER U.S. ARMED FORCES RESERVE 1101 NORTH 6TH STREET BROKEN ARROW OK 74012 ARMY RCRA 3010 9/27/1991 CENTER VALLEY FORGE ARMY HOSPITAL EVERGREEN DRIVE SCHUYLKILL PA 19460 ARMY CERCLA 103 9/27/1991 WEBSTER ARMY MAl NTENANCE 517 OLD RIDGE ROAD WEBSTER NY 14580 ARMY RCRA 3010 9/27/1991 SUPPORT ACTIVITY-7 WV ARMY NATIONAL GUARD RT 62 N POl NT PLEASANT wv ARMY CERCLA 103 9/27/1991 CORPS OF MISSISSIPPI RIVER DIVISION COLD BROOK DAM HOT SPRINGS so 57747 CERCLA 103 9/27/1991 ENGINEERS, CIVIL BRANDYWINE-LAUNCH CANDY HILL RD NAYLOR MD 20772 DEFENSE CERCLA 103 9/27/1991 CROOM-CONTROL 15100 MT CALVERT RD UPPER MARLBORO MD 20772 DEFENSE CERCLA 103 9/27/1991 CROOM-LAUNCH 8520 DUVALL RD UPPER MARLBORO MD 20772 DEFENSE CERCLA 103 9/27/1991 LAYTONSVILLE-CONTROL ZION RD LAYTONSVILLE MD 20879 DEFENSE CERCLA 103 9/27/1991 NATIONAL SECURITY AGENCY ESQUUS CT 9231-A RUMSEY RD B 2 COLUMBIA MD 21045 DEFENSE RCRA 3010 9/27/1991 PT PLEASANT DEFENSE NAT'L 2601 MADISON AVE POl NT PLEASANT wv 25550 DEFENSE CERCLA 103 9/27/1991 STOCKPILE CTR TOLCHESTER-CONTROL TOLCHESTER BEACH RD TOLCHESTER MD 21661 DEFENSE CERCLA 103 9/27/1991 TOLCHESTER-LAUNCH ROCK HALL-TOLCHESTER RD TOLCHESTER MD 21661 DEFENSE CERCLA 103 9/27/1991 WALDORF-CONTROL COUNTYLN WALDORF MD 20601 DEFENSE CERCLA 103 9/27/1991 WALDORF-LAUNCH COUNTRY LN BRANDYWINE MD 20613 DEFENSE CERCLA 103 9/27/1991 HOE CREEK UNDERGROUND W\1/2\ SW\1/4\ T47N R72W SEC 7 GILLETIE WY 82716 ENERGY CERCLA 103 9/27/1991 COAL GASIFICATION PROJECT SPR-WEST HACKBERRY 3.8 Ml W OF HACKBERRY HWY 390 HACKBERRY LA ENERGY CERCLA 103 9/27/1991 WAPA-CASPER FIELD BRANCH 5600 W. POISON SPIDER ROAD MILLS WY 82644 ENERGY CERCLA 103 9/27/1991 WAPA-LIBERTY SUBSTATION TUTHILL ROAD AND BROADWAY BUCKEYE AZ 85326 ENERGY RCRA 3010 9/27/1991 WAPA-TRACY PUMP & MOUNTAINHOUSE AND KELSA ROADS TRACY CA 95376 ENERGY CERCLA 103 9/27/1991 SUBSTATION HOMELAND CG-CAPE SARI CHEF UNIMAK ISLAND, W COAST UNIMAK AK 99685 CERCLA 103 9/27/1991 SECURITY CG-HONOLULU COAST GUARD HOMELAND SAND ISLAND HONOLULU HI 96819 RCRA 3010 9/27/1991 BASE SECURITY CUSTOMS-MILLINGTON HOMELAND 4 BL EAST OF FM 170 PRESIDIO TX 79845 CERCLA 103 9/27/1991 ADDITION SECURITY LONG ISLAND SOUND COAST HOMELAND 120 WOODWARD AVE NEW HAVEN CT 06512 RCRA 3010 9/27/1991 GUARD GROUP SECURITY MIAMI COAST GUARD AIR HOMELAND OPA LOCKA AIRPORT OPA LOCKA FL 33054 CERCLA 103 9/27/1991 STATION SECURITY HOMELAND MOBILE COAST GUARD BASE SOUTH BROAD ST MOBILE AL 36615 RCRA 3010 9/27/1991 SECURITY HOMELAND SAN YSIDRO BORDER PATROL 3752 BEYER BLVD SAN YSIDRO CA 92073 RCRA 3010 9/27/1991 SECURITY SAULTE STE MARIE COAST HOMELAND WATER ST SAULT STMARIE Ml 49783 RCRA 3010 9/27/1991 GUARD GROUP SECURITY BLM-GEM COUNTY LANDFILL DEWEY LANE 10M EAST OF EMMETI EMMETI ID 83617 INTERIOR CERCLA 103 9/27/1991 BLM-MERCUR CANYON HIGHWAY 73, EST OF TOOELE ARMY TOOELE UT 84074 INTERIOR RCRA 3016 9/27/1991 OUTWASH DEPOT BLM-NATIONAL GUARD IMPACT SEC (ALL) T2&35, R2&3E UNINCORPORATED ID 83709 INTERIOR CERCLA 103 9/27/1991 AREA BR-COLUMBIA BASIN PROJECT HANFORD 100-AREA RICHLAND WA 99352 INTERIOR RCRA 3016 9/27/1991 2,4-D BURIAL SITE LF BR-MINIDOKA LANDFILL T95 R23E 53, 4.5 Ml NW OF CITY MINIDOKA ID 83343 INTERIOR CERCLA 103 9/27/1991 BR-NAPA 5520 KNOXVILLE RD NAPA CA 94558 INTERIOR RCRA 3010 9/27/1991 EL PORTAL RR FLAT HWY140 EL PORTAL CA 95318 INTERIOR CERCLA 103 9/27/1991 ERIE NATIONAL WILDLIFE ONE WOOD DUCK LANE GUYS MILL PA 16327 INTERIOR CERCLA 103 9/27/1991 REFUGE FWS-ARCTIC NWR: COLLINSON 37 Ml W OF KAKTOVIK KAKTOVIK AK 99747 INTERIOR CERCLA 103 9/27/1991 POINT DEWLINE SITE FWS-FISHERMANS ISLAND FISHERMAN ISLAND CAPE CHARLES VA 23310-1128 INTERIOR CERCLA 103 9/27/1991 NATIONAL WILDLIFE REFUGE FWS-SACHUEST POINT SHORELINE PLAZA, ROUTE lA, P.O. BOX CHARLESTOWN Rl 02813-0307 INTERIOR CERCLA 103 9/27/1991 NATIONAL WILDLIFE REFUGE 307 GLENNA FERRY LANDFILL T55 R lOE BM NW 1/4 SW 1/4 SEC 21 GLENNS FERRY ID INTERIOR CERCLA 103 9/27/1991 HOOVER DAM BOULDER CITY NV 89005 INTERIOR RCRA 3010 9/27/1991 LAGUNA FIELD OFFICE ROUTE 1, BOX 201 WINTERHAVEN CA 92283 INTERIOR RCRA 3016 9/27/1991 NEEDLES FIELD OFFICE DIKE ROAD NEEDLES CA 92363 INTERIOR RCRA 3016 9/27/1991 NPS-CHARLESTON HARBOR SITE INT. OF CONCORD & CALHOUN STREETS CHARLESTON sc 29402 INTERIOR CERCLA 103 9/27/1991 NPS-GOLDEN GATE NATIONAL BUILDING 201 FORT MASON SAN FRANCISCO CA 94123 INTERIOR CERCLA 103 9/27/1991 RECREATION NPS-YUKON-CHARLEY RIVERS NP: T5N R21E 53&4 EAGLE AK 99738 INTERIOR CERCLA 103 9/27/1991 COAL CREEK STEAMTOWN NATIONAL 105 SO. WASHINGTON AVE SCRANTON PA 18503 INTERIOR CERCLA 103 9/27/1991 HISTORIC SITE USDOI-BLM SKULL CLIFF LORAN 23 MILES SW OF BARROW ON COAST BARRO AK 99723 INTERIOR CERCLA 103 9/27/1991 STATION VALLEY FORGE NATIONAL RTE 23 VALLEY FORGE PA 19481 INTERIOR CERCLA 103 9/27/1991 HISTORIC PARK ALLENWOOD FEDERAL PRISON ROUTE 15 MONTGOMERY PA 17752 JUSTICE RCRA 3016 9/27/1991 CAMP BASTROP FEDERAL HWY 95 8MI NE OF BASTROP BASTROP TX 78602 JUSTICE RCRA 3010 9/27/1991

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Reporting Facility Name Address City State Zip Agency Date Mechanism CORRECTIONAL INSTITUTION LEAVENWORTH PENITENTIARY 1300 METROPOLITAN AVENUE LEAVENWORTH KS 66048 JUSTICE RCRA 3016 9/27/1991 ANACOSTIA NAVAL STATION 2701 SOUTH CAPITOL STREET SW WASHINGTON DC 20374 NAVY RCRA 3010 9/27/1991 BARRIGADA, VILLAGE NAVAL COMMUNICATIONS STA BARRIGADA GU 96630 NAVY CERCLA 103 9/27/1991 ABANDONED DUMP CARDEROCK DIVISION, NAVAL CARDEROCK LABORATORY BETHESDA MD 20084 NAVY RCRA 3010 9/27/1991 SURFACE WARFARE CENTER ELSON LAGOON EAST OF BARROW BARROW AK 99723 NAVY CERCLA 103 9/27/1991 FORMER ENGFLDACT WEST SAN 900 COMMODORE DR SAN BRUNO CA 94066 NAVY CERCLA 103 9/27/1991 BRUNO FORMER NAVFAC CENTERVILLE CENTERVILLE BEACH RD FERNDALE CA 9SS36 NAVY CERCLA 103 9/27/1991 BEACH FORMER ORLANDO NAVAL 28SO SEABEE STREET ORLANDO FL 32803 NAVY CERCLA 103 9/27/1991 TRAINING CENTER-CSO MITCHEL FIELD HOUSING NAVSTA NEW YORK HOUSING OFFICE, GARDEN CITY NY 11S30 NAVY CERCLA 103 9/27/1991 FACILITY BLDG.l9, WEST ROAD, MITCHEL MITCHEL MANOR HOUSING NAYSTA NEW YORK HOUSING OFFICE, EAST MEADOW NY 11SS4 NAVY CERCLA 103 9/27/1991 FACILITY 8SAMIT NAVAL HOSPITAL AND JACKSON NAVAL HOSPITAL BREMERTON BREMERTON WA 98314 NAVY RCRA 3016 9/27/1991 PARK HOUSING NAVAL RADIO STATION T JIM 21027 JIM CREEK RD; 4 Ml E OF HWY oso WA 98223 NAVY CERCLA 103 9/27/1991 CREEK S30ATOSO NAVAL TECHNICAL TRAINING LILLIAN HIGHWAY PENSACOLA FL NAVY CERCLA 103 9/27/1991 CENTER CORRY STATION NORTHEAST CAPE STLAWRENCE 70 Ml E OF SAVOONGA STLAWRENCE NORTHEAST CAPE AK 99769 NAVY RCRA 3010 9/27/1991 ISLAND OUTLYING LANDING FIELD BARIN 2 MILES EAST OF CITY FOLEY AL 36S3S NAVY CERCLA 103 9/27/1991 BUILDING 60130 SAN CLEMENTE SAN CLEMENTE ISLAND SAN CLEMENTE CA 92136 NAVY CERCLA 103 9/27/1991 ISLAND STAPLETON NAVAL STATION STAPLETON STATEN ISLAND NY 10304 NAVY RCRA 3010 9/27/1991 TENJO VISTA OILY SOLID WASTE MARINE DR PITI GU 96630 NAVY CERCLA 103 9/27/1991 DSPL US NAVALCOMM UNIT- CHELTENHAM MD 20623 NAVY CERCLA 103 9/27/1991 CHELTENHAM TENNESSEE VALLEY BOONE HYDRO PLANT TN HWY 7S/8 Ml SE OF KINGSPORT TN 37662 CERCLA 103 9/27/1991 AUTHORITY TENNESSEE VALLEY CHATTANOOGA GARAGE 412 EAST lOTH ST CHATTANOOGA TN 37401 CERCLA 103 9/27/1991 AUTHORITY TENNESSEE VALLEY FHC REGIONAL OFFICE RIVER ROAD MUSCLE SHOALS AL 3S661 RCRA 3010 9/27/1991 AUTHORITY NEW TENNESSEE VALLEY JOHNSONVILLE FOSSIL PLANT US HWY70 TN 37134 CERCLA 103 9/27/1991 JOHNSONVILLE AUTHORITY TENNESSEE VALLEY KENTUCKY HYDRO PLANT HWY 62 AND 641 GILBERTSVILLE KY 42044 RCRA 3010 9/27/1991 AUTHORITY NA WATTS BAR CENTRAL MAINT TENNESSEE VALLEY WATTS BAR RESERV-TN HWY 68E SPRING CITY TN 37381 RCRA 3010 9/27/1991 FACILITY AUTHORITY TENNESSEE VALLEY PARADISE FOSSIL PLANT S Ml E OF DRAKESBORO DRAKESBORO KY 42337 RCRA 3010 9/27/1991 AUTHORITY TENNESSEE VALLEY SHAWNEE FOSSIL PLANT HIGHWAY996 WEST PADUCAH KY 42086 RCRA 3010 9/27/1991 AUTHORITY TENNESSEE VALLEY WHEELER HYDRO PLANT RT2 TOWN CREEK AL 3S672 RCRA 3010 9/27/1991 AUTHORITY BETTLES AIRPORT 66[DEG]S4' N FAA-BETTLES STATION BETTLES AK 99726 TRANSPORTATION CERCLA 103 9/27/1991 1Sl[DEG]41' W FORT GREELY AIRPORT, 63 DEG.S9'40" FAA-BIG DELTA STATION DELTA JUNCTION AK 99737 TRANSPORTATION CERCLA 103 9/27/1991 N, 14S DEG.43'17" W FAA-DILLINGHAM AIRPORT DILLINGHAM DILLINGHAM AK 99S76 TRANSPORTATION RCRA 3016 9/27/1991 FAA-FORT YUKON AIR FORT YUKON AIRPORT FORT YUKON AK 99740 TRANSPORTATION RCRA 3016 9/27/1991 NAVIGATION STATION FAA-HAINES AIR NAVIGATION 2 Ml SON FAA/ HAINES RD, HAINES AK 99827 TRANSPORTATION CERCLA 103 9/27/1991 STATION S9D14M42SN, 13SD31M19SW FAA-HOMER AIRPORT HOMER HOMER AK 99603 TRANSPORTATION RCRA 3016 9/27/1991 FAA-ILIAMNA FACILITY AIRPORT NAV AIDS ILIAMNA AK 99606 TRANSPORTATION CERCLA 103 9/27/1991 FAA-JOHNSTONE POINT AIR NW HINCHINBROOK ISLAND, CORDOVA AK 99S74 TRANSPORTATION RCRA 3016 9/27/1991 NAVIGATION STATION 60D28MOOSN, 146D34MOOSW KOTZEBUE FAA-KOTZEBUE AIRPORT KOTZEBUE AIRPORT AK 997S2 TRANSPORTATION RCRA 3016 9/27/1991 AIRPORT FAA-MCGRATH STATION AIRPORT N OF CITY, NAV AIDS MCGRATH AK 99627 TRANSPORTATION CERCLA 103 9/27/1991 FAA-MICA PEAK T24N, R4SE, S14 MICA WA 99023 TRANSPORTATION CERCLA 103 9/27/1991 FAA-MIDDLETON ISLAND 80 Ml S OF CORDOVA, +59- 27' 02" N,- CORDOVA AK 99574 TRANSPORTATION RCRA 3016 9/27/1991 STATION 146- 18'24" w FAA-NENANA/NORTH NENANA NENANA AIRPORT, 64D32M56SN, NENANA AK 99760 TRANSPORTATION RCRA 3016 9/27/1991 STATION 149D04M24SW FAA-PUNTILLAAIR NAVIGATION PUNTILLA LAKE, 62D04M24SN, SKWENTNA AK 99667 TRANSPORTATION RCRA 3016 9/27/1991 STATION 152D43M59SW FAA-TALKEETNA AIRPORT TALKEETNA AIRPORT TALKEETNA AK 99676 TRANSPORTATION RCRA 3016 9/27/1991 FAA-UNALAKLEET STATION UNALAKLEET AIRPORT UNALAKLEET AK 99684 TRANSPORTATION RCRA 3016 9/27/1991 FAA-WOODY ISLAND STATION WOODY ISLAND KODIAK AK 99615 TRANSPORTATION RCRA 3016 9/27/1991 GUSTAVASAIRPORT JOHNSTONE POINTVOR GUSTAVAS AK 99826 TRANSPORTATION RCRA 3016 9/27/1991

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Reporting Facility Name Address City State Zip Agency Date Mechanism WASHINGTON NATIONAL ALEXANDRIA AMA ALEXANDRIA VA 20001 TRANSPORTATION RCRA 3005 9/27/1991 AIRPORT 124 WEST SAYVILLE IFS CHERRY AVE WEST SAYVILLE NY 11796 TRANSPORTATION RCRA 3010 9/27/1991 TRANSMITIER US POSTAL SERVICE 600 CHURCH ST NORFOLK VA 23501 USPS RCRA 3010 9/27/1991 US POSTAL SERVICE VEHICLE 60W OLIVERST BALTIMORE MD 21201 USPS RCRA 3010 9/27/1991 MAINTENANCE USPS VEHICLE MAINT FAC 5400 MAIL TRAIL WAY FAIRBANKS AK 99709 USPS RCRA 3010 9/27/1991 FAIRBANKS VETERANS MEDICAL CENTER UNIVERSITY AND WOODLAND AVE PHILADELPHIA PA 19104 RCRA 3010 9/27/1991 ADMINISTRATION VETERANS MENLO PARK MEDICAL CENTER 795 WILLOW RD MENLO PARK CA 94025 RCRA 3010 9/27/1991 ADMINISTRATION VETERANS PRESCOTI MEDICAL CENTER 500 HWY 89 NORTH PRESCOTI AZ 86313 RCRA 3010 9/27/1991 ADMINISTRATION BOISE NF: KIRBY DAM MONARCH T5N R11E 54&5 BOISE MERIDIAN ATLANTA ID 83601 AGRICULTURE CERCLA 103 12/12/1991 MINE STAMP MILL 137TH TACTICAL AIRLIFT WING WILL ROGERS WORLD AIRPORT OKLAHOMA CITY OK 73179 AIR FORCE CERCLA 103 12/12/1991 193RD SPECIAL OPERATIONS HARRISBURG INTLAIRPORT MIDDLETOWN PA 17057 AIR FORCE RCRA 3010 12/12/1991 GROUP COHASSETI HWY, T23NR1E 533,34,4, 3 CHICOARPT. CHICO CA 95926 AIR FORCE CERCLA 103 12/12/1991 NORTH OF CHICO NEW BOSTON AIR FORCE 23 SOPS/CC, 317 CHESTNUT HILL ROAD AMHERST NH 03031-1518 AIR FORCE CERCLA 103 12/12/1991 STATION WHITE POINT FORMER NIKE SITE WESTERN & 25TH STS SAN PEDRO CA 90732 AIR FORCE CERCLA 103 12/12/1991 FORT DIX TACONY WAREHOUSE 7071 MILNOR ST PHILADELPHIA PA 19135 ARMY RCRA 3010 12/12/1991 BLUE RIDGE FORT RITCHIE HARBAUGH VALLEY RD PA 17214 ARMY RCRA 3010 12/12/1991 SUMMIT HILO ARMY AVIATION SUPPORT GENERAL LYMAN FIELD BLDG 619 HILO HI 96720 ARMY CERCLA 103 12/12/1991 FACILITY #2 HINGHAM ANNEX LEAVITIE ST HINGHAM MA 02043 ARMY CERCLA 103 12/12/1991 MD AVIATION CLASSIFICATION & 2501 LESTER JONES AVE SPRINGFIELD MO 65803 ARMY CERCLA 103 12/12/1991 REPAIR ACTIVITY DEPOT. NOATAK NATIONAL GUARD 55 Ml N OF KOTZEBUE NOATAK AK 99761 ARMY CERCLA 103 12/12/1991 ARMORY U.S. ARMY COLD REGIONS ROUTE 10 HANOVER NH 03755 ARMY CERCLA 103 12/12/1991 RESEARCH AND US ARLINGTON NATIONAL ARLINGTON NATIONAL CEMETERY ARLINGTON VA 22211 ARMY RCRA 3010 12/12/1991 CEMETERY MOW ARMY WAVERLY (EX) AIR STATION Z-81 lMISOFWAVERLY WAVERLY lA 50677 ARMY CERCLA 103 12/12/1991 CORPS OF BIG DELTA FORTGREELYAIRPORT DELTA JUNCTION AK 99737 CERCLA 103 12/12/1991 ENGINEERS, CIVIL CORPS OF MILLWOOD RESERVOIR ROUTE 1 ASHDOWN AR 71822 CERCLA 103 12/12/1991 ENGINEERS, CIVIL DEFENSE LOGISTICS MARIETIA DEPOT 1502 DEPOT ROAD MARIETIA PA 17547 CERCLA 103 12/12/1991 AGENCY ROSS AVIATION, INC HANGAR 481 Kl RKLAND AFB NM 87117 ENERGY CERCLA 103 12/12/1991 USDOE-BPA HOT SPRINGS HWY 28, 5 OF HOT SPRINGS, SEC14 HOT SPRINGS MT 59845 ENERGY CERCLA 103 12/12/1991 SUBSTATION TLM COMPLEX T21N RW WESTERN AREA POWER ADMIN- CORNER OF lOTH & U STREET GERING NE ENERGY CERCLA 103 12/12/1991 FOUNDRY SITE HEALTH AND CENTERS FOR DISEASE CONTROL 4770 BUFORD HIWAY CHAMBLEE GA CERCLA 103 12/12/1991 HUMAN SERVICES FOOD & DRUG ADMINISTRATION HEALTH AND 200 CST SW HFF-14 RM 6025 WASHINGTON DC 20204 RCRA 3010 12/12/1991 FB 8 HUMAN SERVICES HOUSING AND PRECIOUS METALS PLATING STAR ROUTE BOX 85 BONNER MT 59823 URBAN CERCLA 103 12/12/1991 DEVELOPMENT ANIAK AIRPORT 61' 34N 159' 31'W ANIAK AK 99557 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #1 SE/4 SEC 7 TSN R11W SW/4 SEC 8 APACHE OK 73006 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #2 52 SE4 SEC 4 T7N R13W CARNEGIE OK 73015 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #3 NE/4 NE4 SEC 10 T7N R13W CARNEGIE OK 73015 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #4 W2 NW4 SEC 35 T8N R13W CARNEGIE OK 73015 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #5 W/2 SW/4 SEC 16 T6N Rll APACHE OK 73006 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #6 SE4 SE4 SEC 34 T9N R12 FORT COBB OK 73038 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #7 SW4 NE4 SEC 14 T9N R12W FORT COBB OK 73038 INTERIOR CERCLA 103 12/12/1991 BIA-CADDO COUNTY LANDFILL #8 NE4 NE4 SEC 22 T9N R12W FORT COBB OK 73038 INTERIOR CERCLA 103 12/12/1991 BIA-SOMERTON LANDFILL 5 OF AZ 95AT 16TH. ST &AVE B SOMERTON AZ 85350 INTERIOR CERCLA 103 12/12/1991 BIA-WIDE RUINS DIP VAT 35 25' 03": 109 29' 32" WIDE RUINS AZ 86502 INTERIOR CERCLA 103 12/12/1991 BLM-FORT EGBERT DUMP TlS, R33E, SEC 31 EAGLE AK 99738 INTERIOR CERCLA 103 12/12/1991 BLM-JEROME COUNTY LANDFILL T85 R17E 514,4 Ml W OF CITY JEROME ID 83338 INTERIOR CERCLA 103 12/12/1991 BLM-KERN VALLEY SANITARY T255, R33E, N\1/2\ SW\1/4\ SEC 35, KERNVILLE CA 93238 INTERIOR CERCLA 103 12/12/1991 LANDFILL MDM SAN LUIS OBISPO BLM-KLAU MINE 51/2, SEC 33, T265, RlOE, MT DIABLO CA INTERIOR CERCLA 103 12/12/1991 COUNTY BLM-LONDONDERRY MINE/ NW\1/4\ SW\1/4\ SEC. 4 T8N R13W MAXVILLE MT 82007 INTERIOR CERCLA 103 12/12/1991 MAXVILLE TAILINGS BLM-MAYBELL DUMP 6 Ml EAST OF MAYBELL MAYBELL co 81640 INTERIOR CERCLA 103 12/12/1991 BLM-NEWBERRY DUMP HWY 66 & MTVIEW NEWBERRY CA 92365 INTERIOR CERCLA 103 12/12/1991

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Reporting Facility Name Address City State Zip Agency Date Mechanism SPRINGS BLM-OAK CREEK LANDFILL T4N, R86W, SEC 24 W1/2 SE 1/4 SW 1/2 ROUTICOUNTY co INTERIOR CERCLA 103 12/12/1991 (ROUTI COUNTY) BLM-OLD MAN CAMP SITE T19N R14W 519 AND T19N R1SW 524 ALLAKAKET AK 99720 INTERIOR CERCLA 103 12/12/1991 BLM-OLUSTEE DUMP HWY 90 & OLUSTEE BA TILEFI ELD R OLUSTEE FL 32072 INTERIOR CERCLA 103 12/12/1991 BLM-OSAGE INDUSTRIES 60TH WEST ROSAMOND CA 93560 INTERIOR CERCLA 103 12/12/1991 T225 R12E 55 SW\1/4\ SW\1/4\ COPPER BLM-PAXSON DUMP PAXSON AK 99737 INTERIOR CERCLA 103 12/12/1991 RIVER MERIDIAN T305, R 14E, SEC 21,5\1/2\ MT DIABLO BLM-RINCONADA MINE PASO ROBLES CA 93446 INTERIOR CERCLA 103 12/12/1991 ME BLM-SAG RIVER DUMP T85 R14E 58 DEAD HORSE AK 99734 INTERIOR CERCLA 103 12/12/1991 BLM-UPPER MIDDLE PARK T22 5., RASE., SEC 27 BALLARAT CA 93562 INTERIOR CERCLA 103 12/12/1991 CANYON TRESPASS DUMP BR-FORT SIMCOE JOB CORPS WEND OF HWY 220 TlON R16E 521 WHITE SWAN WA 98952 INTERIOR RCRA 3010 12/12/1991 CENTER CARSON CITY LANDFILL ORMSBY COUNTY NV INTERIOR CERCLA 103 12/12/1991 COLLINSON POINT DEWLINE SITE 290 MILES SE OF BARROW BARROW AK 99723 INTERIOR CERCLA 103 12/12/1991 FWS-ARCTIC NWR: NUVAGAPAK 35 Ml E OF KAKTOVIK KAKTOVIK AK 99747 INTERIOR CERCLA 103 12/12/1991 DEWLINE SITE GREAT SMOKY MINS NATL PARK USNPS RT 2 GATLINBURG TN 37738 INTERIOR RCRA 3005 12/12/1991 HENDERSON LANDFILL 7215 R63E SECTION 28,29 HENDERSON NV INTERIOR CERCLA 103 12/12/1991 INDIAN SPRINGS LANDFILL CLARK COUNTY NV INTERIOR CERCLA 103 12/12/1991 LANDERS SANITARY LANDFILL SAN BERNARDINO COUNTY CA INTERIOR CERCLA 103 12/12/1991 MERCED FALLS NEAREST CITY: MERCED FALLS MERCED FALLS CA INTERIOR CERCLA 103 12/12/1991 NPS-EI PORTAL BARIUM INT OF FOREST & BARIUM MINE RD. EL PORTAL CA 95318 INTERIOR CERCLA 103 12/12/1991 TAILINGS NPS-EVERGLADES NATIONAL ROUTE 9336 HOMESTEAD FL 33030 INTERIOR RCRA 3010 12/12/1991 PARK NPS-ROCKY MOUNTAIN ESTES PARK ESTES PARK co INTERIOR CERCLA 103 12/12/1991 NATIONAL PARK SAN BERNARDINO COUNTY SAN BERNARDINO SECTIONS 20, 21, 28, 29, T2N, R6E CA INTERIOR CERCLA 103 12/12/1991 LANDFILL. COUNTY USDOI BLM SLAIN CLIFF LORAN 23 MILES SW OF BARROW ON COAST BARROW AK 99723 INTERIOR CERCLA 103 12/12/1991 STATION GUAM FLEET AND INDUSTRIAL MARINE DRIVE PITI GU 96630 NAVY RCRA 3010 12/12/1991 SUPPLY CENTER LUALUALEI NATIONAL RESPONSE LUALUALEI VALLEY OAHU ISLAND WAHIAWA HI 96786 NAVY CERCLA 103 12/12/1991 TEAM MOBILE NAVAL STATION 7411 LAKE ROAD MOBILE AL 36605 NAVY RCRA 3010 12/12/1991 NEW ORLEANS NAVAL SUPPORT 2600 GEN MEYER AVE BLDG 101 NEW ORLEANS LA NAVY CERCLA 103 12/12/1991 ACTIVITY OPANA SOUTH OF KAWELA OAHU ISLAND OPANA HI NAVY CERCLA 103 12/12/1991 PASCAGOULA NAVAL STATION SINGING RIVER ISLAND PASCAGOULA MS 39581 NAVY RCRA 3010 12/12/1991 SAUFFLEY FIELD NETPMSA 6490 SAUFFLEY FIELD ROAD PENSACOLA FL 32509-5000 NAVY CERCLA 103 12/12/1991 USN IMPERIAL BEACH RADIO 1 SILVER STRAND BLVD IMPERIAL BEACH CA 92032 NAVY RCRA 3010 12/12/1991 RECEIVER TENNESSEE VALLEY NA NICKAJACK HYDRO PLANT TN HWY 28 GUILD TN 37340 RCRA 3010 12/12/1991 AUTHORITY TENNESSEE VALLEY WATAUGA HYDRO PLANT WILBUR DAM RD IS Ml E OF ELIZABETHTON TN 37843 RCRA 3010 12/12/1991 AUTHORITY 67D30M02SN, 148D28MOOSW, 112 Ml FAA-CHANDALAR STATION CHANDALAR AK 99740 TRANSPORTATION CERCLA 103 12/12/1991 NW OF FORT YUKON 58D21M10SN, 134D42M09SW, 4 Ml W FAA-COGHLAN ISLAND STATION JUNEAU AK 99821 TRANSPORTATION RCRA 3016 12/12/1991 OF JUNEAU DANVILLE MEDICAL CENTER VETERANS 1900 E MAl N ST DANVILLE IL 61832 CERCLA 103 12/12/1991 HOSPITAL ADMINISTRATION ATKINS FARM 1.5 Ml ON HWY 15 THEN 5 3/4 Ml CANTON MO 63435 AGRICULTURE CERCLA 103 7/17/1992 LOS PADRES NF: BLACK BOB APRX 5 Ml SW OF LEBEC, SEC 110 T9N LEBEC CA AGRICULTURE CERCLA 103 7/17/1992 MINE TAILINGS R20W NATIONAL ARBORETUM 3501 NEW YORK AVENUE NE WASHINGTON DC 20002 AGRICULTURE CERCLA 103 7/17/1992 JRAPPLICATIONS. BUILDING 1439 GREATFALLS MT 59402 AIR FORCE RCRA 3010 7/17/1992 FORT MONMOUTH EVANS AREA MARCONI ROAD WAN TOWNSHIP NJ 07719 ARMY RCRA 3010 7/17/1992 #1 KEWEENAW FIELD STATION KEWEENAW Fl ELD KEWEENAW BAY Ml ARMY CERCLA 103 7/17/1992 PONTIAC STORAGE FACILITY 871 SOUTH BOULEVARD PONTIAC Ml 48503 ARMY CERCLA 103 7/17/1992 RIC KEN BACKER AIR NATIONAL RICKENBACKER ANG BASE COLUMBUS OH 43217 ARMY CERCLA 103 7/17/1992 GUARD BASE CORPS OF WINFIELD LOCKS & DAMS RFD #1 BOX 530 RED HOUSE wv 25168 CERCLA 103 7/17/1992 ENGINEERS, CIVIL DEFENSE MAPPING AGENCY 925 SPRINGVALE ROAD GREATFALLS VA 22066 DEFENSE CERCLA 103 7/17/1992 BLM-ADIN TRANSFER STATION 1 Ml SE OF AD IN; T.39N,R9E, SEC 27 AD IN CA 96006 INTERIOR CERCLA 103 7/17/1992 BLM-AURORA CANYON MILLSITE NEAREST CITY BRIDGEPORT BRIDGEPORT CA 93517 INTERIOR CERCLA 103 7/17/1992 BLM-BLACKROCK MINE T35, R31E, SEC 13 & 14 MDM BISHOP CA 93514 INTERIOR CERCLA 103 7/17/1992 BLM-BODIE MINE T4N, R21E, SEC 9&8 MDM BRIDGEPORT CA 93517 INTERIOR CERCLA 103 7/17/1992 BLM-CLOSED CALIENTE LANDFILL T35, R67E, SEC 28 LINCOLN COUNTY NV 89008 INTERIOR CERCLA 103 7/17/1992 BLM-SALAMBO MINE T25, R1SE, SEC 32, NE1/4, MDM TOLUMNE COUNTY CA 95311 INTERIOR RCRA 3016 7/17/1992 T 165, R. 36E., SEC 24, SE SW, MT BLM-SWANSEA SITE KEELER CA 93530 INTERIOR CERCLA 103 7/17/1992 DIABLO M

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Reporting Facility Name Address City State Zip Agency Date Mechanism BR-COLLBRAN PROJECT RR#1 COLLBRAN co 80631 INTERIOR CERCLA 103 7/17/1992 FWS-BOMBAY HOOK NATIONAL 2591 WHITEHALL NECK ROAD SMYRNA DE 19977-2912 INTERIOR CERCLA 103 7/17/1992 WILDLIFE REFUGE FAIRGROUND STREET FUEL VICKSBURG MS JUSTICE CERCLA 103 7/17/1992 DEPOT NARCOTICS TASK FORCE 24611MPALA CARLSBAD CA 92008 JUSTICE CERCLA 103 7/17/1992 LABORATORY ARLINGTON SERVICE CENTER SOUTH COURTHOUSE ROAD ARLINGTON VA 22204 NAVY CERCLA 103 7/17/1992 CHESAPEAKE NAVAL SECURITY NORTHWEST CHESAPEAKE VA NAVY CERCLA 103 7/17/1992 GROUP ACTIVITY NAVY GUNNERY RANGE 3 MILES EAST OF NILAND NILAND CA 92557 NAVY CERCLA 103 7/17/1992 CHOCOLATE MTN-SEAL CAMP ROCHESTER NAVAL INDUSTRIAL 121 LINCOLN AVENUE ROCHESTER NY 14653 NAVY CERCLA 103 7/17/1992 RESERVE ORDINANCE PLANT. FAA-FAREWELL STATION T28N R25W 515&22 SEWARD MERIDIAN FAREWELL AK 99627 TRANSPORTATION RCRA 3010 7/17/1992 FAA-MOSES POINT AIR MOSES POINT AIRFIELD, 64D41M53SN, ELIM AK 99739 TRANSPORTATION RCRA 3010 7/17/1992 NAVIGATION STATION 162D03M26SW MIKE MONRONEY 6500 SOUTH MACARTHUR OKLAHOMA CITY OK 73179 TRANSPORTATION RCRA 3010 7/17/1992 AERONAUTICAL CENTER IRS PHILADELPHIA SERVICE 11601 ROOSEVELT BLVD PHILADELPHIA PA 19255 TREASURY RCRA 3010 7/17/1992 CENTER MANHATIAN GENERAL MALL WEST 29TH STAND 9TH AVE NEW YORK NY 10001 USPS RCRA 3010 7/17/1992 FACILITY NORTH CHARLESTON POST NORTH 0.7 MILE NORTH OF AVIATION. sc 29410 USPS CERCLA 103 7/17/1992 OFFICE CHARLESTON U.S. POSTAL SERVICE INCOMING 307 BECHAM ST CHELSEA MA 02150 USPS CERCLA 103 7/17/1992 MAIL CENTER VETERANS BUTLER MEDICAL CENTER 325 NEW CASTLE BUTLER PA 16001 CERCLA 103 7/17/1992 ADMINISTRATION VETERANS MARTINSBURG HOSPITAL ROUTE 9 MARTINSBURG wv 25401 CERCLA 103 7/17/1992 ADMINISTRATION ANGELES NF: DILLON DIVIDE DILLON DIVIDE OFF LITILE TULUNGA SAN FERNANDO CA AGRICULTURE CERCLA 103 2/5/1993 MIDNIGHT DUMP ROAD BOISE NF: MISSOURI MINE T8N R5E 527 IDAHO CITY ID 83631 AGRICULTURE RCRA 3016 2/5/1993 CODON INSECTS RESEARCH LAB 414 Rl NGOLD RD BROWNSVILLE TX 78520 AGRICULTURE CERCLA 103 2/5/1993 FS-OKANOGAN NF: ALDER CRK T33N R21E 524 WM NE\1/4\ SW\1/4\ TWISP WA 98856 AGRICULTURE CERCLA 103 2/5/1993 FS-REGIONAL FIELD SERVICE 14TH AND CATLIN MISSOULA MT 59807 AGRICULTURE CERCLA 103 2/5/1993 FACILITY Gila National Forest: Mmeral FOREST ROUTE 701 3.5 Ml E OF HWY ALMA NM 88039 AGRICULTURE CERCLA 103 2/5/1993 Creek Tailing 180 GLENN DALE PLANT GERM PLASM 11601 OLD POND ROAD GLENN DALE MD 20769 AGRICULTURE CERCLA 103 2/5/1993 QUARANTINE FAC HONEY BEE RESEARCH WESLACO TX 78520 AGRICULTURE CERCLA 103 2/5/1993 LABORATORY HOOSIER NF: BRANCHVILLE SITE 811 CONSTITUTION AVENUE BEDFORD IN 47421 AGRICULTURE CERCLA 103 2/5/1993 KOOTENAI NF: LIBBY AIRPORT LIBBY AIRPORT LIBBY MT 59923 AGRICULTURE RCRA 3016 2/5/1993 WOODTREA OKANOGAN NF: BONAPARTE T39N R30E 510 WM CHESAW WA 98844 AGRICULTURE CERCLA 103 2/5/1993 OKANOGAN NF: EIGHT MILE T36N R21E 523 QSSE WM WINTHROP WA 98862 AGRICULTURE CERCLA 103 2/5/1993 RANCH OKANOGAN NF: KERR T35 R24E 523 WM CONCONULLY WA 98819 AGRICULTURE CERCLA 103 2/5/1993 OKANOGAN NF: LOST LAKE T39N R30E 528&29 QSNE WM OROVILLE WA 98844 AGRICULTURE CERCLA 103 2/5/1993 OKANOGAN NF: MINNIE MINE T32N R22E 523, 8 Ml 5 OF TWISP TWISP WA 98856 AGRICULTURE RCRA 3016 2/5/1993 OKANOGAN NF: TWISP T33N R22E 517 SW1/ 4 NW\1/4\ WM TWISP WA 98856 AGRICULTURE CERCLA 103 2/5/1993 OSCEOLA NATIONAL FOREST SITE NORTH OF HIGHWAY 100 LAKE CITY FL 32055 AGRICULTURE CERCLA 103 2/5/1993 2. OSCEOLA NATIONAL FOREST SITE CORTEZ ROAD, SOUTH OF HIGHWAY90 LAKE CITY FL 32055 AGRICULTURE RCRA 3016 2/5/1993 3. OSCEOLA NATIONAL FOREST SITE WEST OF DIRT ROAD OFF ROUTE 772 LAKE CITY FL 32055 AGRICULTURE RCRA 3016 2/5/1993 4. OSCEOLA NATIONAL FOREST SITE HWY 90 TO OSCEOLA FOREST OFFICE LAKE CITY FL 32055 AGRICULTURE CERCLA 103 2/5/1993 5. OSCEOLA NATIONAL FOREST SITE SOUTH OF HWY 90 ON POSSUM TROT LAKE CITY FL 32055 AGRICULTURE RCRA 3016 2/5/1993 6. ROAD PAYETIE NF: CINNABAR MINE T18N R9&10E 51, 2, 6& 7 YELLOW PINE ID 83677 AGRICULTURE RCRA 3016 2/5/1993 PERCY ROY FARM COUNTY RD. 40 PINE LEVEL AL 36065 AGRICULTURE RCRA 3016 2/5/1993 TONGASS NF: THORNE BAY FS RD #30 THORNE BAY AK 99919 AGRICULTURE CERCLA 103 2/5/1993 DUMP WENATCHEE NF: STELIKO T26N R20E 520 NW\14\ NW\1/4\ WM ARDENVOIR WA 98811 AGRICULTURE CERCLA 103 2/5/1993 PITISBURGH INTL ARPRT ARS 2475 911TH AIRLIFT WING CORAOPOLIS PA 15108 AIR FORCE RCRA 3010 2/5/1993 DEFENSE AVE STE 101 BARRY M GOLDWATER AIR PHOENIX AZ 85309 AIR FORCE CERCLA 103 2/5/1993 FORCE RANGE GREAT FALLS MONTANA AIR INTERNATIONAL AIRPORT GREATFALLS MT 59401 AIR FORCE RCRA 3010 2/5/1993 NATIONAL GUARD KAISER ALUMINUM & CHEMICAL 2000 HELETHORPE AVE BALTIMORE MD 21227 AIR FORCE RCRA 3010 2/5/1993 CORPORATION LUKE WASTE ANNEX DRMO 7011 N. EL MIRAGE RD GLENDALE AZ 85307 AIR FORCE RCRA 3005 2/5/1993 MAINE AIR NATIONAL GUARD- BANGOR INT'L ARPRT RT 222/GEOFREY BANGOR ME 04401 AIR FORCE CERCLA 103 2/5/1993

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Reporting Facility Name Address City State Zip Agency Date Mechanism BIA BLVD MCENTIRE AIR NATIONAL GUARD MAILSTOP8 EASTOVER sc 29044 AIR FORCE CERCLA 103 2/S/1993 BASE PAANG 171STAIR REFUELING 300 TANKER ROAD PITISBURGH PA 1S108 AIR FORCE RCRA 3010 2/S/1993 WING STEWART AIR NATIONAL GUARD STEWART INTERNATIONAL AIR PORT NEWBURGH NY 12SSO AIR FORCE CERCLA 103 2/S/1993 BASE WESTHAMPTON BEACH AIR WESTHAMPTON SUFFOLK COUNTY AIRPORT NY 11978 AIR FORCE RCRA 3010 2/S/1993 NATIONAL GUARD FACILITY BEACH COVENTRY NIKE CONTROL AREA OFF READ SCHOOL HOUSE ROAD COVENTRY Rl 02816 ARMY CERCLA 103 2/S/1993 FARMINGDALE ORGANIZATIONAL 2S BAITING PLACE ROAD FARMINGDALE NY 1173S ARMY RCRA 3010 2/S/1993 MAINTENANCE SHOP #43 FORT HOLABIRD CRIME RECORDS CORNER OF OAKLAND AND DETROIT BALTIMORE MD 21222 ARMY CERCLA 103 2/S/1993 CENTER AVENUE KAPALAMA MILLITARY SAND ISLAND ACCESS ROAD OAHU ISLAND HI 96898 ARMY CERCLA 103 2/S/1993 RESERVATION KEYSTONE TRAINING AREA GREENWOOD TWP GENEVA PA 16316 ARMY CERCLA 103 2/S/1993 HAWAII NATIONAL KILAUEA MILITARY RESERVATION HIGHWAY 11,28 M MARKER HI 96718 ARMY CERCLA 103 2/S/1993 PARK Kl LM ER ARMY RESERVE CENTER BLDG 1007 EDISON NJ 08817 ARMY RCRA 3010 2/S/1993 NIAGARA FALLS FACILITY 9400 PORTER ROAD NIAGARA FALLS NY ARMY CERCLA 103 2/S/1993 SADDLE ROAD, CENTRAL PART OF POHAKULOA TRAINING AREA POHAKULOA HI 96SS6 ARMY CERCLA 103 2/S/1993 ISLAND NOAA-NATIONAL MARINE SAINT PAUL PRIBILOF ISLAND AK 99660 COMMERCE CERCLA 103 2/S/1993 FISHERIES SERVICE ISLANDS CORPS OF ENSLEY ENGINEER YARD 1726 MITHCHELL RD MEMPHIS TN 38109 RCRA 3010 2/S/1993 ENGINEERS, CIVIL CORPS OF FORT RANDALL PROJECTS BOX 19 PICKSTOWN SD S7367 RCRA 3010 2/S/1993 ENGINEERS, CIVIL CORPS OF OAHEDAM OAHE POWER PLANT PIERRE SD S7S01 CERCLA 103 2/S/1993 ENGINEERS, CIVIL CORPS OF PORTLAND 3 MILE CANYON SITE 1841.2 Ml W OF EXIT 147 ARLINGTON OR 97812 RCRA 3010 2/S/1993 ENGINEERS, CIVIL CORPS OF PORTLAND MOORINGS 8010 NW ST HELENS RD PORTLAND OR 97210 RCRA 3010 2/S/1993 ENGINEERS, CIVIL ANCHORAGE DEFENSE FUEL 1217 ANCHORAGE PORT ROAD ANCHORAGE AK 99S01 DEFENSE RCRA 3016 2/S/1993 SUPPORT POINT BATON ROUGE DEPOT 269S N SHERWOOD FOREST DRIVE BATON ROUGE LA 70814 DEFENSE RCRA 3016 2/S/1993 DEFENSE COMMUNICATION SOUTH COURTHOUSE ROAD ARLINGTON VA 22204 DEFENSE CERCLA 103 2/S/1993 AGENCY FAIRBANKS DEFENSE FUEL FORT CANOL SERVICE RD AK 99703 DEFENSE RCRA 3016 2/S/1993 SUPPORT POINT WAINWRIGHT HERLONG MUNITIONS 70S HALL STREET SUSANVILLE CA 96130 DEFENSE RCRA 3016 2/S/1993 NSA (FANX I, II, Ill) ELKRIDGE LANDING RD LINTHICUM MD 21090 DEFENSE RCRA 3010 2/S/1993 WEST VIRGINIA AIR NATIONAL YEAGER AIRPORT CHARLESTON wv 2S311 DEFENSE CERCLA 103 2/S/1993 GUARD BPA-CELILO CONVERTER 3920 COLUMBIA VIEW DRIVE E THE DALLES OR 970S8 ENERGY RCRA 3010 2/S/1993 STATION BPA-OREGON CITY SUBSTATION: 1688S EADEN ROAD OREGON CITY OR 9704S ENERGY CERCLA 103 2/S/1993 OSTRANDER BPA-PORT ANGELES 1400 E PARK STREET PORT ANGELES WA 98362 ENERGY CERCLA 103 2/S/1993 LABORATORY FOR ENERGY- OLD DAVIS ROAD DAVIS CA 9S616 ENERGY RCRA 3016 2/S/1993 HEALTH RESEARCH (LEHR) NATIONAL INSTITUTE FOR PETROLEUM & ENERGY 220 N VIRGINIA AVE BARTlESVILLE OK 74003 ENERGY RCRA 3010 2/S/1993 RESEARCH PRINCETON PLASMA PHYSICS FORRESTAL CAMPUS PRINCETON NJ 08S44 ENERGY CERCLA 103 2/S/1993 LABORATORY SANDIA NATIONAL LABORATORIES-KAUAI TEST U.S. NAVY PACIFIC MISSILE RANGE KEKAHA HI 96796 ENERGY RCRA 3016 2/S/1993 FACILITY WASTE ISOLATION PILOT PLANT 30 MILES E OF CARLSBAD/JAL HWY CARLSBAD NM 88221 ENERGY RCRA 300S 2/S/1993 WASHINGTON HEADQUARTERS 401 M STNW WASHINGTON DC 20460 EPA RCRA 3010 2/S/1993 GENERAL SERVICES GEOLOGICAL SURVEY 34S MIDDLEFIELD ROAD SAN MATEO CA 9402S CERCLA 103 2/S/1993 ADMINISTRATION U.S. GOVERNMENT PRINTING GOVERNMENT 732 N CAPITOL STREET, NW WASHINGTON DC 20401 RCRA 3010 2/S/1993 OFFICE PRINTING OFFICE HEALTH AND FDA-LOS ANGELES 1S21 W PI CO BLVD LOS ANGELES CA 9001S RCRA 3010 2/S/1993 HUMAN SERVICES NIH-NIA GERONTOLOGY HEALTH AND 4940 EASTERN AVE BALTIMORE MD 21224 RCRA 3010 2/S/1993 RESEARCH HUMAN SERVICES FEDERAL LAW ENFORCEMENT HOMELAND GA STATE RD 303 GLYNCO GA 31S24 RCRA 300S 2/S/1993 TRAINING CENTER SECURITY KANEHOE COAST GUARD OMEGA HOMELAND HAIKU VALLEY KANEOHE HI 96744 CERCLA 103 2/S/1993 STATION SECURITY HOUSING AND DANVILLE HOUSING AUTHORITY 317 GRANT ST DANVILLE VA 24S41 URBAN RCRA 3010 2/S/1993 DEVELOPMENT DANVILLE HOUSING AUTHORITY 631 CARDINAL PLACE DANVILLE VA 24S41 HOUSING AND RCRA 3010 2/S/1993

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Reporting Facility Name Address City State Zip Agency Date Mechanism URBAN DEVELOPMENT AMERICAN FORK CANYON/UINTA AMERICAN FORK CANYON PLEASANT GROVE UT 84602 INTERIOR CERCLA 103 2/S/1993 NATIONAL BLM SANDY VALLEY LANDFILL 2 MILES NE SANDY VALLEY NV 89119 INTERIOR CERCLA 103 2/5/1993 SITE BLM-A&W SMELTER ROSAMUND CA INTERIOR CERCLA 103 2/5/1993 BLM-COACHELLA LANDFILL END OF 44TH AVE, OFF DILLON INDIO CA 92201 INTERIOR CERCLA 103 2/5/1993 BLM-HENDERSON LEAD T215 R63E SEC 26, 27, 34,35 HENDERSON NV 89015 INTERIOR CERCLA 103 2/5/1993 CONTAMINATION SOIL SITE BLM-HOFF ROAD SITE T25 R32E SECT 35 SW OF SW BLACKFOOT ID 83221 INTERIOR RCRA 3010 2/5/1993 BLM-INDIAN CREEK DRUMS 1-90 & INDIAN CREEK ROAD NEAR BUFFALO WY 82834 INTERIOR CERCLA 103 2/5/1993 BLM-NORTHWEST PIPELINE- T16N R92W 518 SE\1/4\ NW\1/4\ CARBON WY 82324 INTERIOR RCRA 3010 2/5/1993 BARREL SPRINGS BLM-ORYX ENERGY COMPANY- BAND GOVT LEASE KERN COUNTY FELLOWS CA 93224 INTERIOR RCRA 3010 2/5/1993 FELLOWS BLM-ORYX ENERGY COMPANY- CAL FEDERAL "A" LEASE KEM CO. MCKITTRICK CA 93251 INTERIOR RCRA 3010 2/5/1993 MCKITTRICK 3707 N. 7TH ST., P.O. BOX 16563- BLM-PEORIA AUTO FLUFF SITE PEORIA AZ INTERIOR CERCLA 103 2/5/1993 PHOENIX BLM-RAINTREE PESTICIDE DUMP 51 RlOE T12N GEORGETOWN CA INTERIOR CERCLA 103 2/5/1993 BLM-SILVERADO MILL SITE T18N RSSE 519,20 Ml N OF EUREKA EUREKA NV 89316 INTERIOR RCRA 3016 2/5/1993 BR-TAYLOR PARK RESERVOIR T145 R93 W GUNNISON NF RD 742 GUNNISON co 81230 INTERIOR CERCLA 103 2/5/1993 FWS-KENAI NWR: SKILAK GUARD SKILAK LAKE RD, Ml4.5, 60D31MOOSN, STERLING AK 99672 INTERIOR CERCLA 103 2/5/1993 STATION 150D28MOOSW GRANT-KOHRS RANCH 1/4 MILE NORTH OF DEER LODGE DEER LODGE MT 59722 INTERIOR RCRA 3010 2/5/1993 IDAHO SPRINGS MERCURY T35 R73W 536 IDAHO SPRINGS co 80452 INTERIOR RCRA 3016 2/5/1993 KREJCI DUMP SITE 814 WHINES HILL RD BOSTON HEIGHTS OH 44264 INTERIOR RCRA 3010 2/5/1993 LYONS STATION 45 MI. SO OF ENNIS ON HWY 287 ENNIS MT 59749 INTERIOR RCRA 3010 2/5/1993 STANFORD #1 NRAVE I & COUNTY HIGHWAY YUMA AZ 85365 INTERIOR CERCLA 103 2/5/1993 STANFORD #2 W/2W/2SW/4 SECTION 31 YUMA AZ 86322 INTERIOR CERCLA 103 2/5/1993 PORT OF DEL TUCSON/HEBREW ACADEMY NW 1/4 SECTION 26, T 37N, R 9W MT 59427 INTERIOR CERCLA 103 2/5/1993 BONITA WEST FORK RANGER STATION 15 MILES SOUTH OF DARBY MT ON WEST FORK RS MT 59829 INTERIOR RCRA 3010 2/5/1993 YUMA MESA IRIGIATION AND 14329 5 FOURTH AVENUE YUMA AZ 85365 INTERIOR RCRA 3016 2/5/1993 DRAINAGE DISTANCE ATLANTA PENITENTIARY 615 MCDONOUGH BLVD. ATLANTA GA 30315 JUSTICE RCRA 3016 2/5/1993 LEXINGTON FEDERAL 3301 LEESTOWN RD LEXINGTON KY 40511 JUSTICE RCRA 3005 2/5/1993 CORRECTIONAL INSTITUTION BAINBRIDGE NAVAL TRAINING US HIGHWAY222 BAINBRIDGE MD 21904 NAVY CERCLA 103 2/5/1993 CENTER BLOOMFIELD NAVAL WEAPONS OLD WINDSOR AVENUE, P.O. BOX 2 BLOOMFIELD CT 06002 NAVY CERCLA 103 2/5/1993 INDUSTRIAL RESERVE PLANT 0.3 Ml 5 OF AIRSTRIP, 65D36M30SN, CAPE PRINCE OF WALES STATION WALES AK 99783 NAVY CERCLA 103 2/5/1993 168D03M50SW INGLESIDE NAVAL AIR STATION FM 1069 5 M 5 OF CITY INGLESIDE TX 78362 NAVY RCRA 3010 2/5/1993 KAHOOLAWE ISLAND 20D32M30SN, 156D37M30SW MAUl HI 96732 NAVY CERCLA 103 2/5/1993 KEY WEST NAVAL AIR STATION- PUBLIC WORKS OFFICE, NAVAL AIR KEY WEST FL 33040 NAVY RCRA 3005 2/5/1993 DEMOLITION KEY STATION NAVWPNSTA SEAL BEACH- 1675 MISSION BLVD POMONA CA 91769 NAVY CERCLA 103 2/5/1993 POMONA ANNEX OAKLAND NAVAL SUPPLY ALAMEDA CA 94501 NAVY CERCLA 103 2/5/1993 CENTER, ALAMEDA ANNEX PEARL HARBOR NAVAL COMPLEX PEARL HARBOR HI 96880 NAVY CERCLA 103 2/5/1993 PORT HUENEME NAVAL VENTURA ROAD AND CHANNEL ISLAND CONSTRUCTION BATTALION PORT HUENEME CA 93043 NAVY CERCLA 103 2/5/1993 BOULEVARD CENTER TENNESSEE VALLEY CHICKAMAUGA HYDROPLANT TN HWY 153 CHATTANOOGA TN 37401 RCRA 3010 2/5/1993 AUTHORITY FAA-CAPE YAKATAGA STATION 60D04M57SN, 142D29M30SW CORDOVA AI< 99574 TRANSPORTATION RCRA 3010 2/5/1993 FAA-SKWENTNA AIR SKWENTNA AIRPORT SKWENTNA AK 99667 TRANSPORTATION RCRA 3010 2/5/1993 NAVIGATION STATION FAA-SUMMIT AIR NAVIGATION CANTWELL PKS HWY 5 Ml 5 SUMMIT AK 99729 TRANSPORTATION RCRA 3016 2/5/1993 STATION BINGHAMTON POST OFFICE 111 HENRY STREET BINGHAMTON NY 13902 USPS RCRA 3010 2/5/1993 URBANDALE BULK MAIL CENTER 4000 NW 109TH STREET URBANDALE lA 50395 USPS RCRA 3016 2/5/1993 FORT SNELLING NATIONAL VETERANS 760134TH AVENUE SOUTH MINNEAPOLIS MN 55450 RCRA 3016 2/5/1993 CEMETERY, MINNEAPOLIS ADMINISTRATION MANCHESTER MEDICAL CENTER VETERANS 718 SMYTH ROAD MANCHESTER NH 03104 CERCLA 103 2/5/1993 ASH DUMP ADMINISTRATION VETERANS SALT LAKE CITY MEDICAL CENTER 500 FOOTHILL BOULEVARD SALT LAKE CITY UT 84148 RCRA 3016 2/5/1993 ADMINISTRATION MANTI-LASAL NF: BEARS EARS 11 OLD LA SAL UT 84530 AGRICULTURE RCRA 3016 11/10/1993 REX GROUP MANTI-LASAL NF: BRUSHY BASIN PRETTY OLD LA SAL UT 84530 AGRICULTURE CERCLA 103 11/10/1993 31ALIAS MANTL-LASAL NF: FIREFLY- OLD LA SAL UT 84530 AGRICULTURE RCRA 3016 11/10/1993 PYGMY MINE MANTL-LASAL NF: MT. LINNAEUS OLD LA SAL UT 84530 AGRICULTURE RCRA 3016 11/10/1993

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Reporting Facility Name Address City State Zip Agency Date Mechanism MANTL-LASAL NF: MT. LINNAEUS OLD LA SAL UT 84S30 AGRICULTURE RCRA 3016 11/10/1993 91 MANTL-LASAL NF: YELLO CIRCLE OLD LA SAL UT 84530 AGRICULTURE RCRA 3016 11/10/1993 GROUP OCHOCO NF: CROOKED RIVER T12S R14E S34 MADRAS OR 99741 AGRICULTURE RCRA 3010 11/10/1993 GRASSLANDS BARNES AIR NATIONAL GUARD BARNES MUNICIPAL AIRPORT WESTFIELD MA 01085 AIR FORCE CERCLA 103 11/10/1993 BASE DES MOINES AIR NATIONAL 3100 MCKINLEY AVE DES MOINES lA 50321 AIR FORCE CERCLA 103 11/10/1993 GUARD HAYMAKER MT ROAD PEAK END OF KENO AIR FORCE STATION KENO OR 97627 AIR FORCE RCRA 3010 11/10/1993 ROAD LAMBERT ST. LOUIS NATURAL BRIDGE & WOODSON RDS STLOUIS MO 63134 AIR FORCE CERCLA 103 11/10/1993 INTERNATIONAL AIRPORT (ANG) MISSOURI AIR NATIONAL GUARD ROSECRANS MEMORIAL AIRPORT ST JOSEPH MO 64050 AIR FORCE CERCLA 103 11/10/1993 NORTH RIVER WHITE ALICE T18S RlOW S36 KRM UNALAKLEET AK 99684 AIR FORCE RCRA 3016 11/10/1993 COMMUNICATIONS SIOUX CITY AIR NATIONAL 6301 MACARTHUR AIR FORCE BASE SERGEANT BLUFF lA 51110 AIR FORCE CERCLA 103 11/10/1993 GUARD WYOMING AIR NATIONAL CHEYENNE MUNICIPAL AIRPORT CHEYENNE WY 82003 AIR FORCE CERCLA 103 11/10/1993 GUARD BENNETT ARMY NATIONAL 15 MILES SW OF BENNETT BENNETT co 80102 ARMY CERCLA 103 11/10/1993 GUARD FACILITY CANNONSBURG FIELD PA ARMY CERCLA 103 11/10/1993 FORT DARUSSY MILITARY KATTA ROAD AT INTERSECTION HONOLULU HI 9681S ARMY RCRA 3010 11/10/1993 RESERVE JACHMAN ARMY RESERVE 12100 GREENSPRING AVE OWLINGSMILL MD 21117 ARMY RCRA 3010 11/10/1993 CENTER JERRY L PETTLE VETERANS 11201 BENTON STREET LOMA LINDA CA 923S7 ARMY RCRA 3010 11/10/1993 HOSPITAL KANSAS CITY NAT'L GUARD 100 SOUTH 20TH STREET KANSAS CITY KS 66012 ARMY CERCLA 103 11/10/1993 ARMORY AND PARKING LOT SAGE COMPLEX SlO STEWART DR W NORTH SYRACUSE NY 13212 ARMY RCRA 3010 11/10/1993 SPRINGFIELD PROVING GROUND 7SOO BACKLICK ROAD SPRINGFIELD VA 221SO ARMY RCRA 300S 11/10/1993 TRACY W. YOUNG U.S. ARMY 80S WEST HARTFORD AVENUE PONCA CITY OK 74601 ARMY RCRA 3010 11/10/1993 RESERVE U.S. ARMY RESERVE ALBION ROAD SMITHFIELD Rl 02917 ARMY CERCLA 103 11/10/1993 MAINTENANCE FACILITY JEFFERSONVILLE FEDERAL 1201 E lOTH STREET JEFFERSONVILLE IN 47130 COMMERCE RCRA 3010 11/10/1993 CENTER OLD LANDFILL AREA/BIRCH HILL CORPS OF BIRCH HILL DAM ROYALSTON MA CERCLA 103 11/10/1993 DAM ENGINEERS, CIVIL ROBERT C. BYRD LOCKS AND CORPS OF RT2 APPLE GROVE wv 2SS02 CERCLA 103 11/10/1993 DAM ENGINEERS, CIVIL W.G. HUXTABLE PUMPING ON THE ST. FRANCIS RIVER-10 MILES E CORPS OF MARIANNA AR 72360 RCRA 3010 11/10/1993 PLANT ON HWY. 121/HWY 79 ENGINEERS, CIVIL MICHIGAN CITY EAST PIER HEAD HOMELAND WASHINGTON PARK SITE B PIER MICHIGAN CITY IN 46360 RCRA 3010 11/10/1993 LIGHT SECURITY HOUSING AND MANCHESTER HOUSING AND 83 TRAHAN STREET MANCHESTER NH 03103 URBAN RCRA 3010 11/10/1993 DEVELOPMENT AUTHORITY DEVELOPMENT BLM-CLOVER HOLLOW ILLEGAL T5S R7E SEC7 SESW 8 Ml S OF CY MOUNTAIN HOPE ID 83847 INTERIOR CERCLA 103 11/10/1993 AIRSTRIP T3S R33E S19, 20, 21 & 30, 5 Ml SW OF BLM-LIBERTY DUMP LIBERTY ID 83221 INTERIOR CERCLA 103 11/10/1993 CITY BLM-MUD LAKE AIRPORT T6N R34E SECT 18 NE OF NE MUD LAKE ID 83450 INTERIOR RCRA 3010 11/10/1993 BLM-OLD SARATOGA LANDFILL SEC 7, T17N, R83W SARATOGA WY 82331 INTERIOR CERCLA 103 11/10/1993 BLM-PINE CREEK T47,48&49N R2E, NEAR PINEHURST PINEHURST ID 83850 INTERIOR CERCLA 103 11/10/1993 BLM-WIREGRASS RESERVOIR SITE TIIS R36E SECT 13 NW OF NE DOWNEY ID 83234 INTERIOR RCRA 3010 11/10/1993 FWS-KENAI NWR: SWAN LAKE SWAN LAKE RD, 15 Ml S OF SWANSON SOLDOTNA AK 99619 INTERIOR CERCLA 103 11/10/1993 MOOSE RESEARCH STATION RIVER RD, 60D44M30SN, FWS-ST. CROIX WETLAND 1618 220TH AVE (RURAL AREA), ST. NEW RICHMOND WI 54017 INTERIOR RCRA 3010 11/10/1993 MANAGEMENT DISTRICT CROIX COUNTY FWS-TRUSTOM POND NATIONAL MATUNUCK ROAD WAKEFIELD Rl 02879 INTERIOR CERCLA 103 11/10/1993 WILDLIFE REFUGE GILA RIVER INDIAN GILA RIVER SITE #2 T3S R63 SEC 3 AZ 85247 INTERIOR CERCLA 103 11/10/1993 RESV PARKWAY HEADQUARTERS BLDG., GWMPTURKEY RUN PARK SITE TURKEY RUN, GEO. WASHINGTON MCLEAN VA 22101 INTERIOR CERCLA 103 11/10/1993 MEM. PARKWAY NPS-ANACOSTIA PARK SECTIONS 1900 ANACOSTIA DRIVE, SE WASHINGTON DC 20020 INTERIOR CERCLA 103 11/10/1993 EAND F NPS-BIG CYPREEN NATIONAL STAR ROUTE 11 OCHOPEE FL 33943 INTERIOR RCRA 3010 11/10/1993 PRESERVE NPS-CAPE HATTERAS NATIONAL DARE COUNTY RODANTHE NC 27968 INTERIOR CERCLA 103 11/10/1993 SEASHORE NPS-MINUTE MAN NATIONAL P.O. BOX 160 CONCORD MA 01742 INTERIOR CERCLA 103 11/10/1993 HISTORICAL PARK NPS-MORRISTOWN NATIONAL WASHINGTON PLACE MORRISTOWN NJ 07960 INTERIOR CERCLA 103 11/10/1993 HISTORICAL PARK

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Reporting Facility Name Address City State Zip Agency Date Mechanism NPS-ORPHAN MINE P.O. BOX 129 GRAND CANYON AZ 86023 INTERIOR CERCLA 103 11/10/1993 NPS-SARATOGA NATIONAL 648 RT 32 STILLWATER NY 12170 INTERIOR CERCLA 103 11/10/1993 HISTORICAL PARK NPS-STATUE OF LIBERTY NATL LIBERTY ISLAND NEW YORK NY 10004 INTERIOR RCRA 3010 11/10/1993 MONUMENT: ELLIS ISLAND NPS-WASHINGTON GAS AND 1900 ANACOSTIA DRIVE, SE WASHINGTON DC 20020 INTERIOR CERCLA 103 11/10/1993 LIGHT SITE NPS-WEIR FARM NATIONAL NOD HILL ROAD WILTON CT INTERIOR CERCLA 103 11/10/1993 HISTORIC SITE LA CROSSE NAVAL RESERVE 2226 GREEN BAY ST LA CROSSE WI 54601 NAVY RCRA 3010 11/10/1993 CENTER FAA-ANNETTE ISLAND ANNETTE AIRPORT NAV AIDS ANNETTE AK 99928 TRANSPORTATION CERCLA 103 11/10/1993 FAA-BARROW AIR NAVIGATION BARROW AIRPORT AREA BARROW AK 99723 TRANSPORTATION CERCLA 103 11/10/1993 STATION FAA-BETHEL STATION TSN R72W 513 SEWARD MERIDIAN AK 99559 TRANSPORTATION CERCLA 103 11/10/1993 FAA-BIG LAKE VORTAC SITE 61D33MOOSN, 149DS2MOOSW BIG LAKE AK 99652 TRANSPORTATION CERCLA 103 11/10/1993 FAA-BIG LEVEL ISLAND AIR 56D27MOOSN, 133DOSMOOSW, 75 Ml SE PETERSBURG AK 99833 TRANSPORTATION CERCLA 103 11/10/1993 NAVIGATION STATION OF PETERSBURG FAA-COLD BAY STATION COLD BAY AIRPORT COLD BAY AK 99571 TRANSPORTATION CERCLA 103 11/10/1993 FAA-CORDOVA STATION COPPER RIVER HIGHWAY 10M 5 OF CY CORDOVA AK 99574 TRANSPORTATION CERCLA 103 11/10/1993 FAA-DEADHORSE STATION DEADHORSE AIRPORT NAV AIDS DEAD HORSE AK 99734 TRANSPORTATION CERCLA 103 11/10/1993 FAA-DUNCAN CANAL, 56D4SMOOSN, 133DS1MOOSW, 10 Ml KUPREANOF ISLAND, INDIAN PETERSBURG AK 99833 TRANSPORTATION CERCLA 103 11/10/1993 SW OF PETERSBURG POINT FAA-DUTCH HARBOR STATION DUTCH HARBOR AIRPORT DUTCH HARBOR AK 99692 TRANSPORTATION CERCLA 103 11/10/1993 FAA-FAIRBANKS STATION 5640 AIRPORT WAY FAIRBANKS AK 99790 TRANSPORTATION CERCLA 103 11/10/1993 FAA-GULKANA STATION GULKANAAIRPORT GULKANA AK 99586 TRANSPORTATION CERCLA 103 11/10/1993 FAA-GUSTAVUS GUSTAVUS AIRPORT NAVAIDS AK 99826 TRANSPORTATION CERCLA 103 11/10/1993 FAA-JUNEAU STATION 9341 GLACIER HIGHWAY NAV AIDS JUNEAU AK 99801 TRANSPORTATION CERCLA 103 11/10/1993 FAA-KING SOLOMAN STATION AIRPORT 5 OF CY NAV AIDS AK 99313 TRANSPORTATION CERCLA 103 11/10/1993 FAA-LAKE HOOD FACILITY T13N R4W 534 NE ANCHORAGE AK 99518 TRANSPORTATION CERCLA 103 11/10/1993 FAA-NOME AIR NAVIGATION NOME MUNICIPAL AIRPORT, NOME AK 99762 TRANSPORTATION CERCLA 103 11/10/1993 STATION 64D30M47SN, 165D26M34SW FAA-POINT WORONZOF RTR ANCHORAGE INTERNATIONAL AIRPORT ANCHORAGE AK 99502 TRANSPORTATION CERCLA 103 11/10/1993 FACILITY AREA FAA-SAINT MARY'S AIR YUKON DELTA NATIONAL WILDLIFE SAl NT MARY'S AK 99658 TRANSPORTATION CERCLA 103 11/10/1993 NAVIGATION STATION REFUGE 2 Ml W OF SANDPOINT, 55D18M54SN, FAA-SAND POINT STATION SANDPOINT AK 99661 TRANSPORTATION CERCLA 103 11/10/1993 160D31M03SW FAA-SISTERS ISLAND T435 R62E 53 & T425 R62E 534, CRM JUNEAU AK 99803 TRANSPORTATION CERCLA 103 11/10/1993 57D03M07SN, 135D21M45SW, FAA-SITKA STATION SITKA AK 99835 TRANSPORTATION CERCLA 103 11/10/1993 JAPONSKIISLAND AIRPORT POINT BENTINCK NAV AIDS, NE HINCHINBROOK FAA-STRAWBERRY POINT AK 99574 TRANSPORTATION CERCLA 103 11/10/1993 HINCHINBROOK ISL, ISLAND FAA-TANANA AIR FIELD STATION TANANA AIRPORT NAV AIDS TANANA AK 99777 TRANSPORTATION CERCLA 103 11/10/1993 FAA-YAKUTAT AIR NAVIGATION YAKUTAT AIRPORT YAKUTAT AK 99689 TRANSPORTATION CERCLA 103 11/10/1993 STATION CAMPBELL POSTAL SERVICE 1587 DELL AVENUE CAMPBELL CA 95006 USPS CERCLA 103 11/10/1993 BLACKWELL SANITARY LANDFILL/NICOLET NATIONAL SECTION 11 T35N R15E BLACKWELL WI 54541 AGRICULTURE CERCLA 103 6/11/1995 FOREST CARIBOU NF: PARIS WORK 94 EASTlOO SOUTH PARIS ID 83261 AGRICULTURE RCRA 3010 6/11/1995 CENTER CLEVELAND NF: MT. LAGUNA 10845 RANCHO BERNARDO, SUITE 200 SAN DIEGO CA AGRICULTURE CERCLA 103 6/11/1995 LANDFILL FS-NORTH CENTRAL FOREST 5985 COUNTY HIGHWAY K RHINELANDER WI 54501 AGRICULTURE CERCLA 103 6/11/1995 EXPERIMENTS STATION HIAWATHA NF: BYERS LAKE WSECTION OF 1.22 Ml W & 1.22 Ml N OF STU EBEN Ml 49829 AGRICULTURE CERCLA 103 6/11/1995 RESORT SCHOOLCRAFT CITY HIAWATHA NF: GRAND ISLAND 1 Ml OFF LAKE SUPERIOR SHORE 3 Ml GRAND ISLAND Ml 49829 AGRICULTURE CERCLA 103 6/11/1995 SITE NWOF HIAWATHA NF: MORAN WORK BREVOORT 10 Ml NORTHWEST OF SAINT IGNACE Ml 49829 AGRICULTURE CERCLA 103 6/11/1995 CENTER & LANDFILL TOWNSHIP HIAWATHA NF: NAHMA NAHMA 3 Ml NW OF NAHMA Ml 49829 AGRICULTURE CERCLA 103 6/11/1995 LANDFILL TOWNSHIP NICOLET NF: ALVIN EAST SE1/4 SW1/4 SEC 25 T41N R13 3 ALVIN WI 54542 AGRICULTURE CERCLA 103 6/11/1995 LANDFILL NICOLET NF: BINDER LAKE DUMP SECTION 29 T33 N R16E LAKEWOOD WI 54138 AGRICULTURE CERCLA 103 6/11/1995 SITE NICOLET NF: BUTTERNUT LAKE SECTION 33 T40N R12E HILES TOWNSHIP WI 54501 AGRICULTURE CERCLA 103 6/11/1995 SITE NICOLET NF: COUNTY TRUNK SECTION 3 T31N R15E DOTYTOWNSHIP WI 54149 AGRICULTURE CERCLA 103 6/11/1995 HIGHWAY ''T" SITE NICOLET NF: FORMER CROOKED 7 Ml 5 OF LAKEWOOD 8 Ml W OF RIVERVIEW WI 54114 AGRICULTURE CERCLA 103 6/11/1995 LAKE DUMP SITE STEPHENSON NICOLET NF: ISLAND LAKE SITE SECTION 19 T32N R16E LAKEWOOD WI 54138 AGRICULTURE CERCLA 103 6/11/1995 NICOLET NF: NEWALD LANDFILL SW1/4 NW1/4 SEC 26 T38N R14E ROSS WI 54511 AGRICULTURE CERCLA 103 6/11/1995 NICOLET NF: PHELPS SITE SECTION 35 T42N R11E PHELPS WI 54554 AGRICULTURE CERCLA 103 6/11/1995 NICOLET NF: ROBERTS LAKE NORTHERN PART OF NICOLET FREEDOM WI 54566 AGRICULTURE CERCLA 103 6/11/1995

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Reporting Facility Name Address City State Zip Agency Date Mechanism DUMP SITE NATIONAL FOREST TOWNSHIP NICOLET NF: SILVER LAKE DUMP .5 Ml SOUTHEAST OF SILVER LAKE LAONA WI 54541 AGRICULTURE CERCLA 103 6/11/1995 SITE T37N R27E S16 WM, OKANOGAN RIVER OKANOGAN NF: TONASKET TONASKET WA 98855 AGRICULTURE CERCLA 103 6/11/1995 VALLEY PLUMAS NF: PONDEROSA 159 LAWRENCE STREET, BOX 11500 QUNICY CA 95971 AGRICULTURE CERCLA 103 6/11/1995 RESERVOIR RUSSELL RESEARCH CENTER 950 COLLEGE STATION ROAD ATHENS GA 30613 AGRICULTURE RCRA 3016 6/11/1995 SHAVER LAKE LANDFILL DINKEY CREEK ROAD SHAVER LAKE CA 93664 AGRICULTURE CERCLA 103 6/11/1995 SISKON MINE T14N, R5E, SECS. 20-29 SOMES BAR CA 95568 AGRICULTURE CERCLA 103 6/11/1995 SIX RIVER NF: MAD RIVER 1330 BAYSHORE WAY EUREKA CA AGRICULTURE CERCLA 103 6/11/1995 LANDFILL TARGHEE NF: SNAKE RIVER HWY 26 5 M I W OF CY SWAN VALLEY ID 83449 AGRICULTURE RCRA 3010 6/11/1995 WORK CENTER HIGHWAYT, COUNTY ROAD 517, WAPPAPELLO TRAINING SITE WAYNE CITY MO 63966 AGRICULTURE RCRA 3016 6/11/1995 BUTLER COUNTY CANYON CREEK RADIO RELAY T7S R7E S27 FM BIG DELTA AK 99737 AIR FORCE RCRA 3010 6/11/1995 STATION FORBES FIELD AIR NATIONAL 5920 EST TOPEKA KS 66619 AIR FORCE CERCLA 103 6/11/1995 GUARD KIPAPA FUEL STORAGE ANNEX OFF ROUTE 99 (KAMEHAMEHA HWY) HONOLULU HI 96789 AIR FORCE CERCLA 103 6/11/1995 NEW CASTLE AIR NATIONAL 12 PENNSWAY, GREATER WILMINGTON NEWCASTLE DE AIR FORCE CERCLA 103 6/11/1995 GUARD 1664 TAG FAC AIRPORT O'HAREAIR RESERVE FACILITIES BUILDING 10, MANNHEIM RD CHICAGO IL 60666 AIR FORCE CERCLA 103 6/11/1995 PILLAR MOUNTAIN WHITE ALICE T27S R20W S36 SM KODIAK AK 99615 AIR FORCE CERCLA 103 6/11/1995 COMMUNICATIONS SITE SHRIEVER AFS TRANSFORMER COLORADO 500 NAVSTAR ST co 80912 AIR FORCE CERCLA 103 6/11/1995 STORAGE AREA SPRINGS SPOKANE AIR NATIONAL GUARD W 8700 ELECTRIC AVE, SPOKANE INTL SPOKANE WA 99204 AIR FORCE RCRA 3016 6/11/1995 STATION, CBCS AIRPORT TOLEDO AIR NATIONAL GUARD 2660 SOUTH EBER ROAD SWANTON OH 43558 AIR FORCE RCRA 3016 6/11/1995 WAIKAKALAUA FUEL STORAGE OFF RT 99, KAMEHAMEHA HIGHWAY HONOLULU HI 96854 AIR FORCE CERCLA 103 6/11/1995 ANNEX WAKE ISLAND APO WAKE ISLAND AIRFIELD DET 11S LG/CC TT 96518 AIR FORCE RCRA 3010 6/11/1995 AP AUBURN TRAINING SITE ORGANIZATIONAL MAl NT. SHOP STEVENS MILL ROAD AUBURN ME 04210 ARMY RCRA 3016 6/11/1995 #2 BELL ORGANIZATIONAL 5300 BANDINI AVENUE BELL CA 90201 ARMY RCRA 3016 6/11/1995 MAINTENANCE SHOP #6 BLAIR HANGAR ARMY AIR ALEX HAMILTON AIRPORT ST. CROIX VI 00850 ARMY RCRA 3016 6/11/1995 SUPPORT FACILITY BOSTON DEFENSE SUPPORT 495 SUMMER ST BOSTON MA 02210 ARMY CERCLA 103 6/11/1995 ACTIVITY-BARNES BUILDING CAMP ASHLAND CAMP ASHLAND ASHLAND NE 68003 ARMY RCRA 3016 6/11/1995 CAMP CLARK TRAINING 4 MILES SO HWY 71, PO BOX 265 NEVADA MO 64772 ARMY RCRA 3016 6/11/1995 SITE/UTES CAMP SWIFT (UTES#3) RT 2, BOX 151X FM 973 BASTROP TX 76802 ARMY RCRA 3016 6/11/1995 CASWELL TRAINING SITE 5 MILES CARIBOU ME 04750 ARMY RCRA 3016 6/11/1995 CHESTER ARMY RESERVE CENTER ROUTE 11 CHESTER VT ARMY CERCLA 103 6/11/1995 DOUGLAS RANGE 1401 EIGHTH ST DOUGLAS AZ 85607 ARMY RCRA 3016 6/11/1995 ELWOOD 86TH RESERVE HOFF RD, BLDG 705 ELWOOD IL 60421 ARMY RCRA 3010 6/11/1995 COMMAND FLORENCE MILITARY 1001 NORTH FLORENCE BLVD FLORENCE AZ 85232 ARMY RCRA 3016 6/11/1995 RESERVATION FLOYD ANNEX SITE KOENING ROAD FLOYD NY 13440 ARMY CERCLA 103 6/11/1995 FORT CUSTER TRAINING CENTER 2501 26TH ST AUGUSTA Ml 49012 ARMY RCRA 3016 6/11/1995 FORT DOUGLAS (FORT CARSON AFZC-D-DEH SALT LAKE CITY UT 84113 ARMY CERCLA 103 6/11/1995 SUBINSTALLATION) FORT RITCHIE 603 LAKESIDE DR FORT RITCHIE MD 21719 ARMY RCRA 3016 12/12/1991 FORT WILLIAM HENRY HARRISON WILLIAMS STREET HELENA MT 59604 ARMY RCRA 3016 6/11/1995 FRESNO (SHIELDS) ORGANIZATIONAL 5575 EAST SHIELDS AVENUE FRESNO CA 93727 ARMY RCRA 3016 6/11/1995 MAINTENANCE SHOP GALVESTON FEDERAL ARMORY 5301 AVENUE SOUTH GALVESTON TX 77550 ARMY RCRA 3016 6/11/1995 GATESVILLE (MATES) N FORT HOOD SH 36 & 28TH ST GATESVILLE TX 76528 ARMY RCRA 3016 6/11/1995 GRENIER FIELD ARMY RESERVE GALAXY DRIVE MANCHESTER NH ARMY CERCLA 103 6/11/1995 CENTER HOUSTON ORGANIZATIONAL 15150 WESTHEIMER PKY HOUSTON TX 77082 ARMY RCRA 3016 6/11/1995 MAINTENANCE SHOP #36 JOLIET TRAINING AREA JOLIET TNG AREA C/0 DMAI L JOLIET IL ARMY RCRA 3016 6/11/1995 KEENE ARMY RESERVE CENTER 682 MAIN STREET KEENE NH ARMY CERCLA 103 6/11/1995 KENT NATIONAL GUARD BUREAU 24410 MILITARY ROAD KENT WA 98032 ARMY CERCLA 103 6/11/1995 LEXINGTON ARMED FORCES 151 VOTECH DRIVE LEXINGTON KY 40510 ARMY RCRA 3010 6/11/1995 RESERVE CENTER MIDDLETOWN ARMY RESERVE MILE LANE MIDDLETOWN CT ARMY CERCLA 103 6/11/1995 CENTER MILFORD ARMY RESERVE 26 SEAMANS LANE MILFORD CT ARMY CERCLA 103 6/11/1995 CENTER

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Reporting Facility Name Address City State Zip Agency Date Mechanism NEW CASTLE TRAINING SITE- 12 PENNSWAY GREATER WILMINGTON NEWCASTLE DE 19720 ARMY RCRA 3016 6/11/1995 RIFLE RANGE AIRPORT NEWPORT 800 E. NEWPORT NEWPORT Ml 48166 ARMY RCRA 3016 6/11/1995 NORTH KINGSTOWN ARMY AIR NORTH QUONSET STATE AIRPORT Rl 02852 ARMY RCRA 3016 6/11/1995 SUPPORT FACILITY KINGSTOWN POINT PLEASANT ORGANIZATIONAL RTE 62, N 6 Ml (OLD ORD WKS) POl NT PLEASANT wv 25550 ARMY RCRA 3016 6/11/1995 MAINTENANCE SHOP #6 REDMOND NATIONAL GUARD 17230 NE 95TH STREET REDMOND WA 98052 ARMY CERCLA 103 6/11/1995 BUREAU REHOBOTH NIKE BATIERY FIRE TOWER RD, GREAT MEADOW HILL REHOBOTH MA 02769 ARMY RCRA 3016 6/11/1995 MISSILE CONTROL AREA 19 SAFFORD RANGE 4001 FIRST AVE SAFFORD AZ 85546 ARMY RCRA 3016 6/11/1995 SAGINAW (CSMS#l) 855 E. INDUSTRIAL SAGINAW TX 76131 ARMY RCRA 3016 6/11/1995 SANDSTON ARMY AIR SUPPORT 700 PORTUGEE RD SANDSTON VA 23150 ARMY RCRA 3016 6/11/1995 FACILITY SANDSTON ORGANIZATIONAL 6041 BEULAH RD SANDSTON VA 23150 ARMY RCRA 3016 6/11/1995 MAl NT. SHOPS#l T.S. ETHAN ALLEN AIR FORCE BLDG. #5, CAMP JOHNSON COLCHESTER VT 05446 ARMY RCRA 3016 6/11/1995 BASE, RS TARHEEL ARMY MISSILE PLANT 204 GRAHAM-HOPEDALE ROAD BURLINGTON NC 27215 ARMY CERCLA 103 6/11/1995 TRUMAN RESERVOIR T.S P.O. BOX 1247 SEDALIA MO 65302 ARMY RCRA 3016 6/11/1995 TS RACINE COUNTY LINE RANGE 6 Ml NORTHWEST RACINE RACINE WI 53403 ARMY RCRA 3016 6/11/1995 VANCOUVER NATIONAL GUARD HQ. VANCOUVER BARRACKS B-638 VANCOUVER WA 98661 ARMY RCRA 3010 6/11/1995 BARRACKS WARWICK ORGANIZATIONAL AIRPORT ROAD WARWICK Rl 02886 ARMY RCRA 3016 6/11/1995 MAINTENANCE SHOP #3 WATERCRAFT SUPPORT NATIONAL GUARD 321 E. ALEXANDER TACOMA WA 98421 ARMY RCRA 3016 6/11/1995 MAINTENANCE CTR WAVERLY WETS 2 MILES SOUTH WAVERLY lA 50677 ARMY RCRA 3016 6/11/1995 NOAA-MANCHESTER FIELD 7305 BEACH DRIVE EAST PORT ORCHARD WA 98366 COMMERCE CERCLA 103 6/11/1995 STATION CORPS OF ARKADELPHIA SITE-DEGRAY LAKE 30 IP CIRCLE ARKADELPHIA AR 71923 RCRA 3010 6/11/1995 ENGINEERS, CIVIL CORPS OF FORMER AIR FORCE PLANT 39 7400 5 CICERO AVE CHICAGO IL 60629 RCRA 3010 6/11/1995 ENGINEERS, CIVIL GARRISON DAM & LAKE CORPS OF T146N R84W SEC 6 RIVERDALE ND 58545 CERCLA 103 6/11/1995 SAKAKAWEA ENGINEERS, CIVIL CORPS OF HASTINGS TRAINING SITE R.R. 2, P.O. BOX 178 HASTINGS NE 68901 RCRA 3016 6/11/1995 ENGINEERS, CIVIL NORTH RIVERSIDE ARMY CORPS OF 8660 WEST CERMAK RD NORTH RIVERSIDE IL 60546 RCRA 3016 6/11/1995 MAINTENANCE CENTER ENGINEERS, CIVIL GREENSPRING-LAUNCH RIDGE RD GREENSPRING MD 21117 DEFENSE CERCLA 103 6/11/1995 FORT MORGAN SUBSTATION INTERSECTION OF 1-76 & CO HWY 52 FTMORGAN co 80701 ENERGY CERCLA 103 6/11/1995 ROCK SPRINGS OIL SHALE 392 PURPLE SAGE ROAD ROCK SPRINGS WY 82901 ENERGY CERCLA 103 6/11/1995 RETORT PROJECT TEXACO SECTION 8 CENTRAL T325/R24E MBD&M TAFT CA 93268 ENERGY CERCLA 103 6/11/1995 SOLID WASTE SITE TEXACO SECTION 8 GAS PLANT T325/R24E MDB&M TAFT CA 93268 ENERGY CERCLA 103 6/11/1995 GENERAL SERVICES PARR WAREHOUSES GSA BLDG B SPRINGFIELD VA 22150 RCRA 3010 6/11/1995 ADMINISTRATION ST. LOUIS FEDERAL COURTHOUSE GENERAL SERVICES 111 5 11TH ST ST. LOUIS MO 63102 RCRA 3010 6/11/1995 SITE ADMINISTRATION GENERAL SERVICES WATER & POWER RESOURCES DENVER FEDERAL CENTER, BLDG 56 DENVER co 80225 CERCLA 103 6/11/1995 ADMINISTRATION ST. JOSEPH NORTH PIER HEAD HOMELAND 18535 LITE LIST ST. JOSEPH Ml 49417 RCRA 3010 6/11/1995 LIGHT SECURITY HOMELAND YUMA BORDER PATROL SECTOR 350 FIRST ST YUMA AZ 85364 RCRA 3010 6/11/1995 SECURITY AMERICAN ANTIMONY T 26N R. 34E SECTION 28 LOVELOCK NV 89419 INTERIOR CERCLA 103 6/11/1995 CORPORATION BlA-RED LAKE RED LAKE AGENCY RED LAKE MN 56671 INTERIOR RCRA 3010 6/11/1995 BLM-FEATHER RIVER AIRSTRIP T75 R37W 534&35 & T85 R37W 52&3 NOME AK 99762 INTERIOR CERCLA 103 6/11/1995 BLM-NIPTON UNAUTHORIZED 1 Ml NW OF NIPTON NIPTON CA 92624 INTERIOR CERCLA 103 6/11/1995 LANDFILL BLM-O'BRIAN CREEK DUMP T75 R32E 59 NW\1/ 4\, SO Ml 5 OF CITY EAGLE AK 99738 INTERIOR CERCLA 103 6/11/1995 BLM-SAN BERNARDINO COUNTY SEC 29, T.SN, R.2W APPLE VALLEY CA 92307 INTERIOR CERCLA 103 6/11/1995 LANDFILL-APPLE VALLEY T26N R22E 54 N\1/ 2\ N\1/2\, 49 Ml N BLM-WALKER FORK DUMP CHICKEN AK 99732 INTERIOR CERCLA 103 6/11/1995 OF CITY FWS-ALASKA MARITIME NWR: MILVIKSAAQAQ DR POINT HOPE AK 99766 INTERIOR CERCLA 103 6/11/1995 CAPE THOMPSON KAISER EAGLE MOUNTAIN N OF HWY 108M OFF KAISER RD DESERT CENTER CA 92239 INTERIOR CERCLA 103 6/11/1995 NPS-DENALI NATIONAL PARK: DENALI NATIONAL LAT63 3310N, LONG 150 5147W AK 99755 INTERIOR CERCLA 103 6/11/1995 BANJO MINE PARK NPS-DENALI NATIONAL PARK: DENALI NATIONAL PARK DENALI PARK AK 99755 INTERIOR CERCLA 103 6/11/1995 RED TOP MINE NPS-DENALI NP&P: STAMPEDE 63D43MOSSN, 1SOD24MOOSW DENALI NATIONAL AK 99755 INTERIOR CERCLA 103 6/11/1995

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Reporting Facility Name Address City State Zip Agency Date Mechanism CREEK MINE PARK & PRESERV NPS-GRAND TETON NAT. PARK: GRAND TETON NATIONAL PARK MOOSE WY 83012 INTERIOR CERCLA 103 6/11/1995 BEAVER CREEK BONEYARD NPS-KATMAI NP&P: NAKNEK T175 R44W 525 & T185 R44W 54 KING SALMON AK 99613 INTERIOR CERCLA 103 6/11/1995 RECREATION SITE #2 NPS-LAKE MEAD NAT. REC. AREA: LAKE MEAD NATIONAL RECREATION BOULDER CITY NV INTERIOR CERCLA 103 6/11/1995 BOULDER BEACH LANDFL AREA NPS-MORNING STAR MINE 15M NE OF CIMA CIMA CA 92323 INTERIOR CERCLA 103 6/11/1995 NPS-WRANGELL ST. ELIAS NP&P: T7N R13E 521 GLENNALLEN AK 99588 INTERIOR CERCLA 103 6/11/1995 NABESNA MINE RCA ANTENNA FARM 451 MESA RD BOLINAS CA 94924 INTERIOR CERCLA 103 6/11/1995 BP-LITTLETON FEDERAL 9595 WEST QUINCY AVENUE LITTLETON co 80123 JUSTICE CERCLA 103 6/11/1995 CORRECTION INSTITUTE COMSPAWARSYSCOM SAN 4301 PACIFIC HWY SAN DIEGO CA 92110 NAVY RCRA 3010 6/11/1995 DIEGO LIBERTYVILLE TRAINING SITE HALF DAY RD AND MILWAUKEE AVE VERNON HILLS IL 60061 NAVY RCRA 3010 6/11/1995 NAVAL POSTGRADUATE SCHOOL- 1 GRACE HOPPER AVE MONTEREY CA 93943 NAVY RCRA 3010 6/11/1995 ANNEX POINT MCINTYRE DEWLINE SITE 15 Ml NW OF CITY DEAD HORSE AK 99734 NAVY CERCLA 103 6/11/1995 SAL TON SEA TEST BASE HYW86 SALTON CITY CA 92275 NAVY CERCLA 103 6/11/1995 SAN JUAN NAS HANGER 21 PORT OF SAN JUAN HARBOR SANJUAN PR 00906 NAVY RCRA 3016 6/11/1995 SAN NICOLAS ISLAND OUTLYING SAN NICOLAS CA 93042 NAVY RCRA 3010 6/11/1995 LANDING FIELD ISLAND SANTA CRUZ NAVAL INDUSTRIAL 16020 EMPIRE GRADE RD SANTA CRUZ CA 95060 NAVY CERCLA 103 6/11/1995 RESERVE ORDNANCE PLANT FAA-PETERSBURG FACILITY UNMANNED SITE MITKOF ISLAND PETERSBURG AK 99833 TRANSPORTATION CERCLA 103 6/11/1995 FAA-SHUYAK STATION SHUYAK ISLAND 60M N OF KODIAK KODIAK AK 99615 TRANSPORTATION CERCLA 103 6/11/1995 FAA-SLANA FACILITY SLANA ARPRT COPPER RV LOWLAND SLANA AK 99586 TRANSPORTATION CERCLA 103 6/11/1995 IRS-OGDEN 183 WEST 30TH STREET OGDEN UT 84401 TREASURY RCRA 3010 6/11/1995 IRS-WASHINGTON 1111 CONSTITUTION AVE, NW WASHINGTON DC 20032 TREASURY CERCLA 103 6/11/1995 N BROADWAY (RT. 25) AND INDIANA AURORA POST OFFICE SITE AURORA IL 60505 USPS CERCLA 103 6/11/1995 CIRCLE CITY OF INDUSTRY POSTAL 15421 E. GALE AVE CITY OF INDUSTRY CA 91745 USPS CERCLA 103 6/11/1995 SERVICE VETERANS DAYTON MEDICAL CENTER 4100 WEST3RD STREET, BUILDING 330 DAYTON OH 45428 CERCLA 103 6/11/1995 ADMINISTRATION VETERANS HOUSTON MEDICAL CENTER 2002 HOLCOMBE BOULEVARD HOUSTON TX 77030 CERCLA 103 6/11/1995 ADMINISTRATION BESSEY NURSERY-USDA/FOREST SPUR 86B HALSEY NE 69142 AGRICULTURE RCRA 3016 6/27/1997 SERVICE BOISE NF: MONARCH MINE TSN R11E 53 BOISE MERIDIAN ATLANTA ID 83601 AGRICULTURE CERCLA 103 6/27/1997 STAMP MILL BOISE NF: RIVERSIDE CAMPSITE T6N R11E 534 BOISE MERIDIAN ATLANTA ID 83601 AGRICULTURE CERCLA 103 6/27/1997 BOISE NF: URANIUM MILL CLEAR CREEK RD, #582 AT MP 20 N OF LOWMAN ID 83637 AGRICULTURE CERCLA 103 6/27/1997 TAILINGS SITE CITY TlON R7E 59, SM, NR PORT WELLS BAY, CHUGACH NF: GRANTIE MINE WHITTIER AK 99693 AGRICULTURE CERCLA 103 6/27/1997 20MINOF FREMONT NF: SILVER LAKE R.D. HWY 31, 55 Ml NW OF PAISLEY SILVER LAKE OR 97638 AGRICULTURE CERCLA 103 6/27/1997 PENTA SITE FS-DRINKWATER GULCH MINE T31N R12W 56 SEl/4 OD HAYFORK CA 96041 AGRICULTURE CERCLA 103 6/27/1997 FS-GOLDEN JUBILEE MINE T37N R8W 54 NEl/4 TRINITY CENTER CA 96091 AGRICULTURE CERCLA 103 6/27/1997 FS-HOBUCK GUARD STATION 1 Ml W OF BONDURANT ON HWY 189 BONDURANT WY 82922 AGRICULTURE RCRA 3010 6/27/1997 FS-LAKE KOOCANUSA BRIDGE 14 Ml SW OF EUREKA EUREKA MT 59917 AGRICULTURE RCRA 3010 6/27/1997 FS-LAZV C H RANCH STAR RT 1, 15 Ml SW OF CITY MONTPELIER ID 83254 AGRICULTURE RCRA 3010 6/27/1997 FS-LUCERNE VALLEY 10 Ml E OF MANILA MANILA UT 84046 AGRICULTURE RCRA 3010 6/27/1997 FS-STOCKMORE RANGER JUNCTION OF RD 35 & RD 44 HANNA UT 84031 AGRICULTURE RCRA 3010 6/27/1997 STATION HIAWATHANF: BAY MILLS SUPERIOR 3 Ml NW OF BRIMLEY Ml 49829 AGRICULTURE CERCLA 103 6/27/1997 LANDFILL TOWNSHIP IDAHO PANHANDLE NF: BIG FS RD 2354,8 Ml SE OF CITY KELLOGG ID 83837 AGRICULTURE RCRA 3010 6/27/1997 CREEK BRIDGE IDAHO PANHANDLE NF: FS RD 392,30 Ml NNE OF CITY COEUR D'ALENE ID 83814 AGRICULTURE RCRA 3016 6/27/1997 HUDLOW CAMP DUMP IDAHO PANHANDLE NF: PRIEST SR 57,4 Ml 5 OF CITY NORDMAN ID 83848 AGRICULTURE CERCLA 103 6/27/1997 LAKE RS DUMP IDAHO PANHANDLE NF: SHOSHONE WORK CENTER FS RD 208,25 Ml N OF CITY KINGSTON ID 83839 AGRICULTURE CERCLA 103 6/27/1997 DUMP MT. HEBRON WORK CENTER T46N R7E 532 MACDOEL CA 96058 AGRICULTURE CERCLA 103 6/27/1997 MT. HOOD NF: BORROW PIT 3 Ml SE OF CITY, TlN R6E 531 BRIDAL VEIL OR 97010 AGRICULTURE CERCLA 103 6/27/1997 MT. HOOD NF: SITE B TlN R6E 57, FS RD 1509,3 Ml SE OF CITY BRIDAL VEIL OR 97010 AGRICULTURE CERCLA 103 6/27/1997 RIVERVIEW NICOLET NF: PAYA LAKE DUMP T32N R16E 510 WI 54138 AGRICULTURE CERCLA 103 6/27/1997 TOWNSHIP NICOLET NF: PINE LAKE T37N R12E 516 NEl/4 SWl/4 HILES WI 54511 AGRICULTURE CERCLA 103 6/27/1997 NICOLET NF: TIPLER DUMP 0.51 Ml EON SHANNON RD & HWY 139 TIPLER TOWNSHIP WI 54542 AGRICULTURE CERCLA 103 6/27/1997 SAWTOOTH NF: BASSETT GULCH T4N R17E 520 NE1/45El/4 KETCHUM ID 83340 AGRICULTURE CERCLA 103 6/27/1997 MILL SITE SAWTOOTH NF: BLACK PINE 65 Ml SE OF CITY/15 Ml W OF 184 EXIT BURLEY ID 83318 AGRICULTURE CERCLA 103 6/27/1997 HISTORIC MINE TAILINGS 263

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Reporting Facility Name Address City State Zip Agency Date Mechanism SIERRA NF: BIG CREEK PESTICIDE T85 R2SE 528 SWl 4 BIG CREEK CA 93605 AGRICULTURE CERCLA 103 6/27/1997 BUILDING TONGASS NF: BOKAN MOUNTAIN MINE AKA ROSS PRINCE OF WALES IS, 33 Ml SE OF CY HYDABURG AK 99922 AGRICULTURE CERCLA 103 6/27/1997 ADAMS MINE TONGASS NF: DUNCAN CANAL APPROXIMATELY 9 Ml WSW OF CITY PETERSBURG AK 99833 AGRICULTURE CERCLA 103 6/27/1997 FORMER WACS SITE TONGASS NF: GOLD STANDARD W SIDE HELM BAY, 10 Ml SE OF MEYERS MEYERS CHUCK AK 99903 AGRICULTURE CERCLA 103 6/27/1997 MINE CHUCK ON PRINCE OF WALES ISLAND, 12 Ml FROM TONGASS NF: SALT CHUCK MINE THORNE BAY AK 99919 AGRICULTURE CERCLA 103 6/27/1997 CITY WENATCHEE NF: CHINOOK PASS T16N RlSE 57 SEl/4 NWl/4 NACHES WA 98937 AGRICULTURE CERCLA 103 6/27/1997 WORK CENTER WENATCHEE NF: VEHICLE WASH 600 SHERBOURNE ST LEAVENWORTH WA 98826 AGRICULTURE CERCLA 103 6/27/1997 SUMP WENATCHEE NF: WHITE PASS T14N R14E 528 NEl/4 NEl/4 NACHES WA 98937 AGRICULTURE CERCLA 103 6/27/1997 WORK CENTER WILLAMETTE NF: SWEET HOME 4431 HWY20 SWEET HOME OR 97386 AGRICULTURE CERCLA 103 6/27/1997 WORK CENTER 151ST REFUELING UNIT, UTAH 151 ARG/EM, BLDG 1624 SALT LAKE CITY UT 84116 AIR FORCE CERCLA 103 6/27/1997 AIR NATIONAL GUARD PAINE FIELD AIR NATIONAL 2701112TH ST SW EVERETT WA 98204 AIR FORCE CERCLA 103 6/27/1997 GUARD STATION SEATTLE AIR NATIONAL GUARD 6736 ELLIS AVE 5, KING CNTY INT'L SEATTLE WA 98108 AIR FORCE CERCLA 103 6/27/1997 STATION AIRPRT SMOKEY HILL WEAPONS RANGE 8429 W FARRELLY RD SALINA KS 67401 AIR FORCE RCRA 3010 6/27/1997 STATE COLLEGE AIR NATIONAL 131 W NITTANY AVE STATE COLLEGE PA AIR FORCE CERCLA 103 6/27/1997 GUARD BARSTOW NATIONAL TRAINING BARSTOW DAGGET T9N RlE 516 SWl/4 CA 92329 ARMY RCRA 3010 6/27/1997 CENTER AIRPORT CAMP CROWDER TRAINING SITE 762 LINN ST NEOSHO MO 64850 ARMY RCRA 3016 6/27/1997 CORTEZ ORGANIZATIONAL PO BOX E CORTEZ co 81321 ARMY RCRA 3016 6/27/1997 MAINTENANCE SHOP FORT GREELY TllS RlOE 52 FM FORT GREELY AK 99737 ARMY RCRA 3005 6/27/1997 GREEN RIVER LAUNCH COMPLEX 1.2 Ml SE OF GREEN RIVER GREEN RIVER UT 84525 ARMY CERCLA 103 6/27/1997 MEAD TRAINING SITE RR 1, PO BOX 1048 MEAD NE 68041 ARMY RCRA 3016 6/27/1997 ROCHESTER COMBINED SUPPORT SHOP & US FISCAL 1500 HENRIETTA RD ROCHESTER NY 14623 ARMY CERCLA 103 6/27/1997 OFFICE YOUNGSTOWN WEEKEND BALMER RD YOUNGSTOWN NY 14174 ARMY CERCLA 103 6/27/1997 TRAINING SITE CORPS OF CHIEF JOSEPH DAM PROJECT HWY 17 & HWY 173 BRIDGEPORT WA 98813 CERCLA 103 6/27/1997 ENGINEERS, CIVIL CORPS OF ELK CREEK DAM PROJECT ELK CREEK RD, 4.8 Ml NE OF, TRAIL TRAIL OR 97541 CERCLA 103 6/27/1997 ENGINEERS, CIVIL WALLA WALLA DISTRICT CHERRY ST & SUMAC ST, 3RD AVE & CORPS OF WALLA WALLA WA 99362 CERCLA 103 6/27/1997 HEADQUARTERS 4TH AVE ENGINEERS, CIVIL HOMELAND CG-CROOKED RIVER LIGHT RT 98 CARRABELLE FL 33131 RCRA 3010 6/27/1997 SECURITY HOMELAND CG-EDNA BAY ENTRANCE LIGHT EDNA BAY, 32 Ml NW OF CITY CRAIG AK 99921 RCRA 3010 6/27/1997 SECURITY HOMELAND CG-KURE ATOLL 300 ALA MOANA BLVD. STE 8122 HONOLULU HI 96850 CERCLA 103 6/27/1997 SECURITY BIA-BLACKFEET INDIAN 200FT NE OF BIA OFFICE BROWNING MT 59417 INTERIOR RCRA 3010 6/27/1997 RESERVATION BIA-NORTHERN CHEYENNE STORAGE NEAR BIA OFFICE LAME DEER MT 59043 INTERIOR RCRA 3010 6/27/1997 RESERVATION T165 RllE 59 UM, 155 Ml SE OF BLM-CHANDALAR DUMP BARROW AK 99723 INTERIOR CERCLA 103 6/27/1997 BARROW 0.3 Ml N OF CITY, T4N R18E 525 NE\1/4\ BLM-COURIER GULCH TRIUMPH ID 83333 INTERIOR RCRA 3010 6/27/1997 SW\1/4\ BLM-CREAM CAN JUNCTION T55 R26E 535 SW\1/4\ SW\1/4\ BM MINIDOKA ID 83343 INTERIOR RCRA 3010 6/27/1997 PESTICIDE BLM-DOBSON PASS T48N R4E 51 LOT 9 WALLACE ID 83873 INTERIOR RCRA 3010 6/27/1997 BLM-MIDDLE CREEK BATTERY T275 Rll W 513 NORTH BEND OR 97459 INTERIOR CERCLA 103 6/27/1997 DUMP SITE BLM-MONITE DYNAMITE SITE T20N R20E 528 SW\1/4\ MDW SPARKS NV 89436 INTERIOR CERCLA 103 6/27/1997 BLM-OSAGE MILL SITE T245 R57E 527 NEl/4 SWl/4 SANDY VALLEY NV 89019 INTERIOR CERCLA 103 6/27/1997 BLM-RED TOP RETORT SITE TlOS R55W 529 SEWARD MERIDIAN ALEKNAGIK AK 99555 INTERIOR CERCLA 103 6/27/1997 BLM-SEARCHLIGHT LANDFILL T29S R63E 512 SEARCHLIGHT NV 89046 INTERIOR CERCLA 103 6/27/1997 BR-LEADVILLE TREATMENT 749 HWY 91 N LEADVILLE co 80461 INTERIOR RCRA 3010 6/27/1997 PLANT FWS-ALASKA MARITIME NWR: 20 Ml SW OF SHEMYA SHEMYA AK 99546 INTERIOR CERCLA 103 6/27/1997 AGATTU ISLAND AWR/NAV AID FWS-ALASKA MARITIME NWR: 30 Ml NW OF EARECKSON AFB SHEMYA AK 99546 INTERIOR CERCLA 103 6/27/1997 ATTU ISLAND FWS-ALASKA MARITIME NWR: 55 Ml 5 OF CITY COLD BAY AK 99571 INTERIOR CERCLA 103 6/27/1997 CATON ISLAND FWS-ALASKA MARITIME NWR: 300 Ml W OF ATKA ATKA AK 99547 INTERIOR CERCLA 103 6/27/1997 KISKA ISLAND

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Reporting Facility Name Address City State Zip Agency Date Mechanism FWS-ALASKA MARITIME NWR: 300 Ml W OF ATKA ATKA AK 99547 INTERIOR CERCLA 103 6/27/1997 LITTLE KISKA ISLAND FWS-ALASKA MARITIME NWR: 300 Ml W OF ATKA ATKA AK 99547 INTERIOR CERCLA 103 6/27/1997 SEMISOPOCHNOIISLAND FWS-ALASKA MARITIME NWR: 65 Ml W OF ADAK NAVAL FACILITY ADAK AK 99546 INTERIOR CERCLA 103 6/27/1997 TANAGA ISLAND FWS-ALASKA MARITIME 51 DEG. 59' OS" N, 176 DEG. 06' 26" W, ADAK AK 98546 INTERIOR CERCLA 103 6/27/1997 NWR:GREATSITKIN ISLAND 25 Ml NE OF ADAK FWS-ARCTIC NWR: GRIFFIN 70D04MOOSN, 142DS4MOOSW, 18 Ml E KAKTOVIK AK 99747 INTERIOR CERCLA 103 6/27/1997 POINT DEWLINE STAGING SITE OF CITY FWS-ARCTIC NWR: LAKE PETERS 70 Ml SW OF KAKTOVIK KAKTOVIK AK 99747 INTERIOR CERCLA 103 6/27/1997 & MARSH FORK NARL SITE FWS-NECEDAH WILDLIFE REFUGE W7996 20TH STREET WEST NECEDAH WI 54646-7531 INTERIOR RCRA 3010 6/27/1997 NPS-CRATERS OF THE MOON 15 Ml SWOF CITY ON HWY93 ARCO ID 83213 INTERIOR CERCLA 103 6/27/1997 NM: MARTIN MINE NPS-KENAI FJORDS NP&P: 59D33MOOSN, 1SOD40MOOSW SEWARD AK 99664 INTERIOR CERCLA 103 6/27/1997 BEAUTY BAY MINE BAYVIEW NAV SURFACE WARFARE CTR/CARDEROCK DIV HWY 54 & MAIN AVE BAYVIEW ID 83803 NAVY CERCLA 103 6/27/1997 DET EVERETT NAVAL STATION 2000 W MARINE VIEW DR EVERETT WA 98201 NAVY RCRA 3016 6/27/1997 HARVEY POINT DEFENSE TESTING RT 5 HERTFORD NC 27944 NAVY CERCLA 103 6/27/1997 ACTIVITY NAVAL HOUSING 5. FINEGAYAN- NEAR PARK RD & CORAL TREE DR DEDEDO GU 96929 NAVY CERCLA 103 6/27/1997 FORMER CB LANDFILL TIN CITY WHITE ALICE SITE 1.25 Ml N OF AIRPORT TIN CITY AK 99783 NAVY CERCLA 103 6/27/1997 TENNESSEE VALLEY APPALACHA HYDRO PLANT HWY 68, HIWASSEE RIVER FARNER TN CERCLA 103 6/27/1997 AUTHORITY FAA-ANIAK STATION ANIAK AIRPORT ANIAK AK 99557 TRANSPORTATION CERCLA 103 6/27/1997 64D44MlOSN, 156DS6M04SW, GALENA FAA-GALENA STATION GALENA AK 99741 TRANSPORTATION CERCLA 103 6/27/1997 AIRPORT NAV AIDS FAA-KENAI STATION KENAI MUNICIPAL AIRPORT KENAI AK 99611 TRANSPORTATION RCRA 3010 6/27/1997 CARIBOU NF: 5 MABEY CANYON T85 R44E 510, 11, 14 & 15 BM CONDA ID 83230 AGRICULTURE CERCLA 103 11/23/1998 CHEROKEE NF: BATTERY DUMP RTE 1, HYW 64 BENTON TN 37307 AGRICULTURE RCRA 3010 11/23/1998 FDA-KANSAS CITY SITE 1009 CHERRY ST KANSAS CITY MO 64106 AGRICULTURE RCRA 3010 11/23/1998 FREMONT NF: ANGEL PEAK MINE T375 R17E 532,30 Ml W OF LAKEVIEW LAKEVIEW OR 97630 AGRICULTURE CERCLA 103 11/23/1998 SITE FREMONT NF: ANGEL PEAK 42D22M30SN, 120D4SMOOSW LAKEVIEW OR 97630 AGRICULTURE CERCLA 103 11/23/1998 ROADS SOUTH LAKE FS-MEYERS LANDFILL 870 EMERALD BAY RD CA 96150 AGRICULTURE CERCLA 103 11/23/1998 TAHOE MENDOCINO NF: EEL RIVER T.23 N., R.11 W., NE\1/4\ OF SECTION WILLITS CA 95490 AGRICULTURE CERCLA 103 11/23/1998 WORK CENTER WASTE SUMP 28 MOORE AIR BASE RTE 3, BLD 6017, BOX 1004 MISSION TX 78539 AGRICULTURE CERCLA 103 11/23/1998 PLUMAS NF WHITEHORSE T23N R8AE 56, TA24N R8E 57 QUINCY CA 95971 AGRICULTURE CERCLA 103 11/23/1998 LANDFILL CAMP ROBERTS TRAINING SITE HWY 101 CAMP ROBERTS CA 93451 AIR FORCE RCRA 3010 11/23/1998 CONNECTICUT AIR NATIONAL RTE 1 ORANGE CT 06477 AIR FORCE CERCLA 103 11/23/1998 GUARD ORANGE BASE LOS ALAMITOS AIR FORCE LEXINGTON AVE LOS ALAMITOS CA 90720 AIR FORCE RCRA 3010 11/23/1998 RESERVE CENTER MASSACHUSETTS AIR NATIONAL SKYLINE DR WORCESTER MA 01605 AIR FORCE CERCLA 103 11/23/1998 GUARD WORCESTER NEW HAMPSHIRE AIR NATIONAL NEWINGTON ST NEWINGTON NH 03801 AIR FORCE RCRA 3010 11/23/1998 GUARD NEWINGTON BASE STANLEY R MICKELSON ONE HALF MILE NORTH OF NEKOMA NEKOMA ND 58355 AIR FORCE CERCLA 103 11/23/1998 SAFEGUARD COMPLEX ARCHITECT OF THE U.S. CAPITOL COMPLEX U.S. CAPITOL BUILDING WASHINGTON DC 20515 RCRA 3010 11/23/1998 CAPITOL 101ST AIRBORNE DIVISION (AIR WEST OF U.S. 41A; AT TN-KY BORDER BORDER TN 03700 ARMY RCRA 3005 11/23/1998 ASSAULT) ARIZONA ARMY NATIONAL 1001 N FLORENCE BLVD FLORENCE AZ 85232 ARMY CERCLA 103 11/23/1998 GUARD FLORENCE RANGE BOSTON AREA NIKE BATTERY OXBOW ST WAYLAND MA 01778 ARMY CERCLA 103 11/23/1998 CONNECTICUT ARMY NATIONAL RTE 20 WINDSOR LOCKS CT 06096 ARMY CERCLA 103 11/23/1998 GUARD BRADLEY BASE LT JOHN A. FERRA US ARMY NORTH ST DANVERS MA 01923 ARMY CERCLA 103 11/23/1998 RESERVE CENTER MAINE ARMY NATIONAL GUARD RTE 222-BANGOR INTERNATIONAL BANGOR ME 04401 ARMY CERCLA 103 11/23/1998 BANGOR BASE AIRPORT PHOENIX NATIONAL GUARD- 5636 E MCDOWELL RD PHOENIX AZ 85008 ARMY RCRA 3010 11/23/1998 PAP AGO PARK SAC CITY ARMY RESERVE CENTER 1801 GISHWILLER RD SAC CITY lA 50583 ARMY RCRA 3010 11/23/1998 4300 GOODFELLOW BLVD, HANLEY STLOUIS (EX) ORDNANCE PLANT STLOUIS MO 63120 ARMY CERCLA 103 11/23/1998 AREA CORPS OF OTTER BROOK LAKE PROPERTY OLD CONCORD RD KEENE NH 03431 CERCLA 103 11/23/1998 ENGINEERS, CIVIL CORPS OF PITTSBURGH SITE 3500 GRAND AVE PITTSBURGH PA 15225 RCRA 3010 11/23/1998 ENGINEERS, CIVIL

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Reporting Facility Name Address City State Zip Agency Date Mechanism SURRY MOUNTAIN SHOOTING CORPS OF EAST SURRY RD SURRY NH 03431 CERCLA 103 11/23/1998 RANGE ENGINEERS, CIVIL NGA-WASHINGTON NAVY YARD lSTST&MSTSE WASHINGTON DC 20374 DEFENSE RCRA 3010 11/23/1998 NORTH LAS VEGAS FACILITY 2621 LOSEE RD NORTH LAS VEGAS NV 89030 ENERGY RCRA 3010 11/23/1998 SALMON SITE OFF HWY 13 BAXTERVI LLE MS 11111 ENERGY RCRA 3010 11/23/1998 SHOAL SITE ST RTE 839 FALLON NV 89406 ENERGY RCRA 3010 11/23/1998 NYANZA CHEMICAL WASTE MEGUNKO RD ASHLAND MA 01721 EPA RCRA 3010 11/23/1998 DUMP ATLANTA FEDERAL CENTER GENERAL SERVICES 45 BROAD ST ATLANTA GA 30303 RCRA 3010 11/23/1998 PROJECT ADMINISTRATION CLARKSON FISHER FEDERAL GENERAL SERVICES 402 ESTATE ST TRENTON NJ 08608 RCRA 3010 11/23/1998 BUILDING & COURTHOUSE ADMINISTRATION GENERAL SERVICES DENVER ARMY MEDICAL DEPOT 3800 YORK ST DENVER co 80205 CERCLA 103 11/23/1998 ADMINISTRATION DIRKSEN FEDERAL OFFICE GENERAL SERVICES 219 5 DEARBORN CHICAGO IL 60604 RCRA 3010 11/23/1998 BUILDING ADMINISTRATION GENERAL SERVICES FALLON BUILDING 31 HOPKINS PLAZA BALTIMORE MD 21201 RCRA 3010 11/23/1998 ADMINISTRATION KLUCZYNSKI FEDERAL OFFICE GENERAL SERVICES 230 5 DEARBORN CHICAGO IL 60604 RCRA 3010 11/23/1998 BUILDING ADMINISTRATION GENERAL SERVICES PALMETIO SITE 8400 TATUM RD PALMETIO GA 30268 RCRA 3010 11/23/1998 ADMINISTRATION SAN JUAN POST OFFICE AND GENERAL SERVICES COMERICO STAND TANCA ST SANJUAN PR 00906 RCRA 3010 11/23/1998 COURTHOUSE ADMINISTRATION NIOSH-FORMERLY ATLAS E HEALTH AND T27N R39E 536,9 Ml N OF REARDAN REARDAN WA 99029 CERCLA 103 11/23/1998 M 1551 LE FACILITY S-9 SITE HUMAN SERVICES CHARLESTON COAST GUARD HOMELAND 196 TRADD ST CHARLESTON sc 29401 RCRA 3010 11/23/1998 GROUP SECURITY 80 Ml NW OF FAIRBANKS, 65 BLM-BOSTIK INC HOOSIER CREEK RAMPART AK 99767 INTERIOR RCRA 3010 11/23/1998 DEG.26'54" N, 150 DEG.04'31" W BLM-CLEVEAND MINE & MILL HUNTERS, T30N R38E 59, 9MI E OF HUNTERS WA 99137 INTERIOR CERCLA 103 11/23/1998 SITE STEVENS COUNTY BLM-SAGUACHE MILL SITE 2 Ml NW OF SAGUACHE SAGUACHE co 81149 INTERIOR CERCLA 103 11/23/1998 BR-GOLDEN FALCON INT SITE 23RD STAT AVEC SAN LUIS AZ 85349 INTERIOR RCRA 3010 11/23/1998 FWS-ARCTIC NWR: PORCUPINE T145 R48E 533 NEl/4 NEl/4 ARCTIC VILLAGE AK 99722 INTERIOR CERCLA 103 11/23/1998 RVR DEWLINE STAGING AREA FWS-KLAMATH FOREST NWR: T305 RlOE 519 WI LLAM ETIE MERIDIAN CHILOQUIN OR 97624 INTERIOR CERCLA 103 11/23/1998 TOXAPHENE COW DIP PIT FWS-RED ROCK LAKES NATIONAL 27820 SOUTHSIDE CENTENNIAL ROAD LIMA MT 59739-9709 INTERIOR RCRA 3010 11/23/1998 WILDLIFE REFUGE NPS-BARNEY CIRCLE FACILITY 19TH ST & H ST WASHINGTON DC 20032 INTERIOR CERCLA 103 11/23/1998 NPS-NAGS HEAD SITE 5 OLD NAGS HEAD RD NAGS HEAD NC 27959 INTERIOR RCRA 3010 11/23/1998 NPS-NOLAND HOUSE 216 N DELAWARE INDEPENDENCE MO 64052 INTERIOR RCRA 3010 11/23/1998 ANTHONY FEDERAL 15 Ml W. OF EL PASO ANTHONY TX 79821 JUSTICE RCRA 3010 11/23/1998 CORRECTIONAL INSTITUTION DANBURY FEDERAL PEMBROKE STATION-RTE 37 DANBURY CT 06811 JUSTICE CERCLA 103 11/23/1998 CORRECTIONAL INSTITUTION PHILADELPHIA FEDERAL 7TH ST & ARCH ST PHILADELPHIA PA 19106 JUSTICE RCRA 3010 11/23/1998 DETENTION CENTER BOEING NORTH AMERICAN, INC 12214 LAKEWOOD BLVD DOWNEY CA 90241 NASA RCRA 3010 11/23/1998 CHESAPEAKE BEACH 5812 BAYSIDE RD CHESAPEAKE MD 20732 NAVY RCRA 3010 11/23/1998 DETACHMENT-NAVAL DETROIT MARINE CORPS 7600 EJEFFERSONAVE DETROIT Ml 48214 NAVY RCRA 3010 11/23/1998 RESERVE CENTER MEMPHIS NAVAL SURFACE WARFARE CENTER-CARDEROCK 2700 CHANNEL AVE MEMPHIS TN 38113 NAVY RCRA 3005 11/23/1998 LCC TENNESSEE VALLEY NORRIS HYDRO PLANT 2 Ml N OF NORRIS JEFFERSON CITY TN 37760 RCRA 3010 11/23/1998 AUTHORITY BELLMAWR VEHICLE 421 BENIGNO BLVD & HAAG AVE BELLMAWR NJ 08099 USPS RCRA 3010 11/23/1998 MAINTENANCE FACILITY MADISON POST OFFICE 3902 MILWAUKEE ST MADISON WI 53714 USPS RCRA 3010 11/23/1998 MONROE POST OFFICE 210 W FRONT ST MONROE Ml 48161 USPS RCRA 3010 11/23/1998 BOSTON VETERANS AFFAIRS VETERANS 150 SOUTH HUNTINGTON AVE BOSTON MA 02130 CERCLA 103 11/23/1998 HOSPITAL ADMINISTRATION VETERANS CHARLESTON MEDICAL CENTER 109 BEE ST CHARLESTON sc 29401 RCRA 3005 11/23/1998 ADMINISTRATION VETERANS KANSAS CITY HOSPITAL 4801 LINWOOD BLVD KANSAS CITY MO 64128 RCRA 3010 11/23/1998 ADMINISTRATION VA PALO ALTO HEALTH CARE VETERANS 3801 MIRANDA AVE PALO ALTO CA 94304 RCRA 3010 11/23/1998 SYSTEM ADMINISTRATION FORMER BLACK HILLS ARMY IGLOO IGLOO SD 57735 AGRICULTURE CERCLA 103 6/12/2000 DEPOT FS-BALDWIN ADMIN SITE 650 N MICHIGAN AVE BALDWIN Ml 49304 AGRICULTURE RCRA 3010 6/12/2000 FS-TONGASS NF: BOHEMIA T455 RS6E 58 & T455 RSSE 512, CRM 6 PELICAN AK 99832 AGRICULTURE CERCLA 103 6/12/2000 BASIN EXPLORATION CAMPS MIWOFCY FORMER BADLANDS BOMBING 15 MILES NORTH OF KYLE KYLE SD 57752 AIR FORCE CERCLA 103 6/12/2000 RANGE (IMPACT AREA) SUNDANCE PM-1 SITE 7 MILES NORTH OF SUNDANCE SUNDANCE WY 82729 AIR FORCE CERCLA 103 6/12/2000

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Reporting Facility Name Address City State Zip Agency Date Mechanism LTA, MARION ENGR. DEPOT EAST 1/2 MILE EAST OF PATION PIKE MARION OH 43302 ARMY CERCLA 103 6/12/2000 DEPARTMENT OF COMMERCE PO BOX 6-F16 ARLINGTON VA 22202 COMMERCE CERCLA 103 6/12/2000 T2N R7E 522 SWl/4, WILLAMETIE CORPS OF BRADFORD ISLAND LANDFILL CASCADE LOCKS OR 97014 CERCLA 103 6/12/2000 MERIDIAN ENGINEERS, CIVIL PBS DLA DNSC VOORHEESVILLE GENERAL SERVICES 5850 DEPOT RD ALTAMONT NY 12009 RCRA 3010 6/12/2000 DEPOT ADMINISTRATION FDA NATIONAL CENTER FOR HEALTH AND 3900 NCTR RD JEFFERSON AR 72079 RCRA 3010 6/12/2000 TOXICOLOGICAL RESEARCH HUMAN SERVICES HEALTH AND NIH ANIMAL CENTER ELMER SCHOOL ROAD POOLESVILLE MD 20837 RCRA 3010 6/12/2000 HUMAN SERVICES HOMELAND U.S. BORDER PATROL STATION 225 KENNEY EL CAJON CA 92020 CERCLA 103 6/12/2000 SECURITY HOMELAND U.S. COAST GUARD ACADEMY MOHEGAN AVE NEW LONDON CT 06320 RCRA 3005 6/12/2000 SECURITY U.S. COAST GUARD SHORE SIDE HOMELAND 700 COAST GUARD RD BUCHANAN TN 38222 RCRA 3010 6/12/2000 DETACHMENT PAR SECURITY HOMELAND U.S. COAST GUARD SUPPORT 427 COMMERCIAL ST BOSTON MA 02109 RCRA 3010 6/12/2000 SECURITY BLM-SOURDOUGH LITILE BEAR 35 Ml N OF GLENNALLEN, W OF CAMP AKA SOURDOUGH ARMY GLENNALLEN AK 99588 INTERIOR CERCLA 103 6/12/2000 RICHARDSON HWY CAMP FLAMINGO BAY ARMY TEST WATER ISLAND ST. THOMAS VI 00802 INTERIOR CERCLA 103 6/12/2000 AREAS-FORMER FORT FWS-ALASKA MARITIME NWR: 30 Ml E OF AKUTAN, 54 DEG.04'48" N, AKUTAN AK 99553 INTERIOR CERCLA 103 6/12/2000 TIGALDA ISLAND AWS 165 DEG. 03'27" W NPS-CAPE KRUSENSTERN NM: 30 Ml NW OF KOTZEBUE 67-35-00- N, KOTZEBUE AK 99752 INTERIOR CERCLA 103 6/12/2000 MULGRAVE AFS 163-59-00- W 188 NORTHWEST ARCTIC 32 Ml E OF KING SALMON, NAKNEK NPS-KATMAI NP: BROOKS CAMP KING SALMON AK 99613 INTERIOR CERCLA 103 6/12/2000 LAKE, 55 DEG.33'17" N, T125 R31 W NORTH BOUNDARY, UMIAT NPS-NOATAK NP&P: BURIAL MERIDIAN (IN NORTH SLOPE BOROUGH) NOATAK AK 99761 INTERIOR CERCLA 103 6/12/2000 LAKE MILITARY CAMP 7 LANDFILL 68-26-00- N, 159-10-00- W 188 NOR NPS-NOATAK NP&P: T34N RlW&RlE ON SEC LINE, KATEEL DESPERATION LAKE MILITARY RIVER MERIDIAN 68-19-40- N, 158-44- NOATAK AK 99761 INTERIOR CERCLA 103 6/12/2000 CAMP AND LANDFILL 53- W 188 NORTHWEST ARCTIC T33N R2E&R3E ON SEC LINE, KATEEL NPS-NOATAK NP&P: FENIAK LAKE RIVER MERIDIAN (IN NORTH SLOPE NOATAK AK 99761 INTERIOR CERCLA 103 6/12/2000 MILITARY CAMP & LANDFILL BOROUGH) 68-15-07- N, 158-18-38- W 1 GODDARD SPACE FLIGHT CENTER WALLOPS FLIGHT FACILITY- ROUTE 803 WALLOPS ISLAND VA 23337 NASA RCRA 3010 6/12/2000 ISLAND FORTLOGAN NATIONAL VETERANS SHERIDAN AND HAMPDEN AVENUE DENVER co 80236 CERCLA 103 6/12/2000 CEMETERY ADMINISTRATION FS-OKANOGAN-WENATCHEE NF: 19284 HWY 20, 300 W OF DOWNTOWN WINTHROP WA 98862 AGRICULTURE CERCLA 103 12/29/2000 LOWER WINTHROP COMPOUND CY, +48.481111 DEG. N, -120.186668 FS-OKANOGAN-WENATCHEE NF: 231NTERCITY AIRPORT RD, 3 Ml SE OF NORTH CASCADES SMOKE WINTHROP WA 98862 AGRICULTURE CERCLA 103 12/29/2000 CY, +48.4206667 DEG JUMPER BASE ORE HILL MINE SITE, WHITE 719 MAIN STREET LACONIA NH 03246 AGRICULTURE CERCLA 103 12/29/2000 MOUNTAIN NATIONAL FOREST PALZO MINE SITE-SHAWNEE SPRINGHILL CHURCH ROAD STONEFORT IL 62987 AGRICULTURE CERCLA 103 12/29/2000 U.S. FOREST SERVICE NEMO NEMO T: 3N, R: SE, SEC: 27 NEMO SD 57759 AGRICULTURE CERCLA 103 12/29/2000 WORK STATION SITE POLE MOUNTAIN FORMER 7 MILES EAST OF LARAMIE LARAMIE WY 82070 AIR FORCE CERCLA 103 12/29/2000 TARGET AND MANEUVER AREA "NEW" ARMY AVIATION ISLA GRANDE ROAD OFF HACIA SANJUAN PR ARMY CERCLA 103 12/29/2000 SUPPORT FERNANDEZ ARMY RESERVE PERSONNEL EAST OF INTERSECTION OF D ST & 1ST GRANITE CITY IL 62040 ARMY RCRA 3010 12/29/2000 COMMAND ST GUS KEFURT ARMY RESERVE 399 MILLER STREET YOUNGSTOWN OH 44507-1591 ARMY RCRA 3010 12/29/2000 CENTER HARTWELL PROJECT 6961 ANDERSON HWY HARTWELL GA 30643 ARMY RCRA 3010 12/29/2000 KINGS MILLS MILITARY HAMILTON 6195 STRIKER ROAD OH 45034 ARMY CERCLA 103 12/29/2000 RESERVATION TOWNSHIP US ARMY CORPS OF ENGINEERS 1000 IDAHO STREET GREENVILLE sc 29605 ARMY RCRA 3010 12/29/2000 WYOMING ARNG OMS NO.4 5500 BISHOP BOULEVARD CHEYENNE WY 82009-3320 ARMY CERCLA 103 12/29/2000 SAYLORVILLE RESERVOIR AND CORPS OF 5600 NW 78TH AVE JOHNSTON lA 50131 CERCLA 103 12/29/2000 RECREATION AREA ENGINEERS, CIVIL BELTON COMMUNICATION SE\1/4\ & PART SW\1/ 4\, SEC 25, T46N, BELTON MO 64012 ENERGY CERCLA 103 12/29/2000 FACILITY R33W GENERAL SERVICES DLA/DNSC SCOTIA DEPOT ROUTE 5 SCOTIA NY 12302-1039 CERCLA 103 12/29/2000 ADMINISTRATION ROOM 1090 BUILDING MANAGER'S GENERAL SERVICES FEDERAL OFFICE BUILDING NO 2 ARLINGTON VA 20370 RCRA 3010 12/29/2000 OFFICE ADMINISTRATION GENERAL SERVICES GENERAL SERVICES DENVER FEDERAL CENTER BUILDING 41 LAKEWOOD co 80225 RCRA 3010 2/12/1988 ADMINISTRATION ADMINISTRATION GENERAL SERVICES GENERAL SERVICES 212 5 THIRD AVE MINNEAPOLIS MN 55401 RCRA 3010 2/12/1988 ADMINISTRATION ADMINISTRATION GENERAL SERVICES KANSAS CITY RECORDS CENTER 601-607 HARDESTY KANSAS CITY MO 64124 CERCLA 103 12/29/2000 ADMINISTRATION

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Reporting Facility Name Address City State Zip Agency Date Mechanism AIR FORCE (EX) PLANT #84 LAMBERT AIRPORT STLOUIS MO NAVY CERCLA 103 12/29/2000 US POSTAL SERVICE-JAF BLDG 8TH AVE & 33RD STREET NEW YORK NY 10199 USPS RCRA 3010 12/29/2000 DESCHUTES NF: DELL SPRINGS 11 AIR Ml WNW OF CRESCENT T235 R7E CRESCENT OR 97733 AGRICULTURE CERCLA 103 10/2/2001 FORMER FS WORK CAMP 535 SW SE 31/2 MILES NORTHWEST OF ATLAS "E" MISSILE SITE #10 BRIGGS DALE co 80611 AIR FORCE CERCLA 103 10/2/2001 BRIGGSDALE ALASKA TOK FUEL TERMINAL 7 Ml W OF TOK, ALASKA HWY 2 TOK AK 99780 ARMY RCRA 3010 10/2/2001 ARMY AVIATION SUPPORT 624 MUNICIPAL AIRPORT LINCOLN NE 68524 ARMY CERCLA 103 10/2/2001 FACILITY NATIONAL GUARD STONE'S ROUTE 1 (BOSTON POST ROAD) AND EASTLYME CT ARMY CERCLA 103 10/2/2001 RANCH MILITARY RESERVATION STONE'S RANCH ROAD USARMY PARKS R F T A 5TH ST BLDG. 790 DUBLIN CA 94568-5201 ARMY RCRA 3010 10/2/2001 3 Ml 5 OF MILEPOST 82 OFF HWY 20, BLM-GLASS BUTIES MINE & T235 R23E 527&34, & T245 R23E 53, BROTHERS OR 97712 INTERIOR CERCLA 103 10/2/2001 RETORTS SITE WM,20MI BLM-RAWLINS LANDFILL P.O. BOX 953 RAWLINS WY 82301 INTERIOR CERCLA 103 10/2/2001 FWS-BOZEMAN FISH 4050 BRIDGER CANYON ROAD BOZEMAN MT 59715-4050 INTERIOR RCRA 3010 10/2/2001 TECHNOLOGY CENTER W SIDE OF FS RD 1220, 35 Ml SE OF FS-TONGASS NF: EAST 12 MILE CRAIG, T755 R83E 513, COPPER RIVER CRAIG AK 99927 AGRICULTURE CERCLA 103 7/1/2002 SITE MERIDIAN NEW JERSEY AIR NATIONAL 400 LANGLEY RD EGG HARBOR TWP NJ 08234-9500 AIR FORCE RCRA 3010 7/1/2002 GUARD 177FW STANLEY R MICKELSEN SAFEGUARD COMPLEX-(RSL-1) 3 MILES EAST OF HAMPDEN HAMPDEN ND 58338 AIR FORCE CERCLA 103 7/1/2002 REMOTE SPRING LA STANLEY R MICKELSEN SAFEGUARD COMPLEX-(RSL-2) 6 MILES NORTH OF LANGDON LANGDON ND 58249 AIR FORCE CERCLA 103 7/1/2002 REMOTE SPRINT LA STANLEY R MICKELSEN SAFEGUARD COMPLEX-(RSL-3) 19 MILES EAST OF LANGDON LANGDON ND 58249 AIR FORCE CERCLA 103 7/1/2002 REMOTE SPRINT LA STANLEY R MICKELSEN SAFEGUARD COMPLEX-(RSL-4) 1 MILE SOUTHWEST OF FAIRDALE FAIRDALE ND 58229 AIR FORCE CERCLA 103 7/1/2002 REMOTE SPRINT LA MAJ J O'DONOVAN AFR CENTER 90 N MAIN AVE ALBANY NY 12203 ARMY RCRA 3010 7/1/2002 TOOELE ARMY DEPOT (NORTH 3 Ml 5 OF TOOELE ON HWY 36 TOOELE UT 84074 ARMY CERCLA 103 7/1/2002 AREA) CONFLUENCE OF GAS-CONADE AND CORPS OF GASCONADE (EX) BOATYARD GASCONADE MO 65036 CERCLA 103 7/1/2002 MISSOURI RIVER ENGINEERS, CIVIL NATIONAL ENERGY TECHNOLOGY POB 10940 PITISBURGH PA 15236 ENERGY RCRA 3016 7/1/2002 LABORATORY-PITISBURGH NATIONAL WIND TECHNOLOGY 18200 STATE HIGHWAY 128 GOLDEN co 80403 ENERGY RCRA 3016 7/1/2002 CENTER U.S. COAST GUARD (OUACHITA) HOMELAND 3551 OLD HARRISON PIKE CHATIANOOGA TN 37416-2825 RCRA 3010 7/1/2002 SHORESIDE SECURITY E SIDE OF MOTHERLOAD RD, 6 Ml NE OF BLM-BALM CREEK-POORMAN KEATING, T75 R43E 532, W.M., +44 BAKER CITY OR 97814 INTERIOR CERCLA 103 7/1/2002 MINE COMPLEX 55'01 N, 117 29'25 W US GOVERNMENT DEA 1716 W PERISHING RD CHICAGO IL 60609 JUSTICE RCRA 3010 7/1/2002 US MEDICAL CENTER FEDERAL 1900 W SUNSHINE SPRINGFIELD MO 65801 JUSTICE CERCLA 103 7/1/2002 PRISON SPRINGFIELD FORT SHERIDAN NAVAL FORT SHERIDAN NAVAL PROPERTY FORT SHERIDAN IL 60037 NAVY RCRA 3010 7/1/2002 PROPERTY NAVAL RADIO STATION #2 RANDALL ROAD, OFF STATE ROAD 21 SUGAR GROVE wv 26815 NAVY CERCLA 103 7/1/2002 APPALACHIAN SMELTING AND TENNESSEE VALLEY SOUTH HOLSTON LAKE BRISTOL TN 37620 CERCLA 103 7/1/2002 REFINERY AUTHORITY TVA WILSON 500 KV TENNESSEE VALLEY 2280 BECKWITH ROAD MOUNT JULIET TN 37122 RCRA 3010 7/1/2002 SUBSTATION AUTHORITY KIRKSVILLE (EX) AFS P- 64 6 MILES NORTH OF KIRKSVILLE, WEST KIRKSVILLE MO 63501 TRANSPORTATION CERCLA 103 7/1/2002 FS-TARGHEE NF: CHEMICAL FREMONT COUNTY ISLAND PARK ID 83429 AGRICULTURE CERCLA 103 1/2/2003 WARFARE SERVICE TEST SITE FS-TONGASS NF: TONKA LOG 7.75 Ml SW OF PETERSBURG PETERSBURG AK 99833 AGRICULTURE RCRA 3010 1/2/2003 TRANSFER FACILITY FORMER LOWRY TRAINING 1/2 MILE NORTH OF EAST QUINCY AVE AURORA co 80019 AIR FORCE CERCLA 103 1/2/2003 ANNEX AIR FORCE EOD RANGE ON WATKINS ROAD SUNDANCE AIR FORCE STATION- SEVEN MILES NORTH BY NORTH-WEST SUNDANCE WY 82729 AIR FORCE CERCLA 103 1/2/2003 GATR SITE OF SUNDANCE SUNDANCE AIR FORCE STATION 7 MILES NORTH BY NORTHWEST OF SUNDANCE WY 82729 AIR FORCE CERCLA 103 1/2/2003 OPERATIONS AREA SUNDANCE BIA-COEUR D'ALENE FIELD AGENCY RD 4 Ml W OF HWY 95 PLUMMER ID 83851-0408 INTERIOR RCRA 3010 1/2/2003 OFFICE BLM-GLLENNS FERRY STRYCH- TSS R10E SEC20 NESE GLENNS FERRY ID 83623 INTERIOR RCRA 3010 1/2/2003 NINE SITE FWS-AK MARITIME NWR: CAPE YAKAK PENINSULA SW ADAK ISL ADAK AK 99546 INTERIOR CERCLA 103 1/2/2003 YAKAK AWS SITE JEFFERSON BARRACKS (EX) 90 MILES SOUTH OF ST. LOUIS 2 MILES ARCADIA MO 63621 AGRICULTURE CERCLA 103 7/11/2003 TARGET RANGE SE OF ARCADIA VIRGINIA ORDNANCE WORKS CALLIS MINES ROAD GLEN WILTON VA 24438 AGRICULTURE CERCLA 103 7/11/2003 ANG-FOUR LAKES STATION 12414 ANDREWS RD, T24N R42E 530 CHENEY WA 99004 AIR FORCE CERCLA 103 7/11/2003

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Reporting Facility Name Address City State Zip Agency Date Mechanism 2 MILES 5 OF CONWAY SPRINGS STATE MCCONNELL TITAN 11-12 CONWAY KS 67031 AIR FORCE CERCLA 103 7/11/2003 HWY49 2.5 MILES SE OF RAGO & 1/2 MILE E OF MCCONNELL TITAN 11-15 RAGO 1(5 67128 AIR FORCE CERCLA 103 7/11/2003 STA MCCONNELL TITAN 11-17 4 MILES NE OF KINGMAN KINGMAN KS 67068 AIR FORCE CERCLA 103 7/11/2003 2 MILES W OF ST. JOE, E OF CHENEY MCCONNELL TITAN 11-18 ST. JOE KS 67543 AIR FORCE CERCLA 103 7/11/2003 RESERV MCCONNELL TITAN 11-2 7 MILE N OF ELDORADO ELDORADO KS 67042 AIR FORCE CERCLA 103 7/11/2003 9 MILES E OF WINFIELD ON U.S. HWY MCCONNELL TITAN 11-8 TESDALE KS 67156 AIR FORCE CERCLA 103 7/11/2003 160 CEDAR RAPIDS (EX) NATIONAL 4 MILES N OF IOWA CITY, 19 MILES CORPS OF CEDAR RAPIDS lA 52401 CERCLA 103 7/11/2003 GUARD TARGET 5/SW OF CEDAR RAPIDS ENGINEERS, CIVIL FORBES (EX) SURVIVAL TRAINING CORPS OF 5 MILES N/NW OF LYNDON LYNDON KS 66451 CERCLA 103 7/11/2003 ANNEX ENGINEERS, CIVIL FORK-CONTROL END OF HUTSCHENREUTER RD GLENARM MD 21057 DEFENSE CERCLA 103 7/11/2003 MILITARY PERSONNEL RECORDS GENERAL SERVICES 9700 PAGE AVENUE STLOUIS MO 63132 CERCLA 103 7/11/2003 CENTER (EX) ADMINISTRATION FWS-AROOSTOOK NATIONAL 97 REFUGE ROAD LIMESTONE ME 04750 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-ARTHUR R. MARSHALL LOXAHATCHEE NATIONAL 10216 LEE ROAD BOYNTON BEACH FL 33437 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE-BONEYARD SITE FWS-ASSABET RIVER NATIONAL 73 WEIR HILL ROAD SUDBURY MA 01776 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-COKEVILLE MEADOWS C/0 SEEDSKADEE NATIONAL WILDLIFE GREEN RIVER WY 82935 INTERIOR RCRA 3016 7/11/2003 NATIONAL WILDLIFE REFUGE REFUGE, P.O. BOX 700 FWS-CULEBRA NATIONAL P.O. BOX 190 CULEBRA PR 00775 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-CURRITUCK NATIONAL P.O. BOX 39 KNOTIS ISLAND NC 27950 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-DESECHEO NATIONAL P.O. BOX 510 BOQUERON PR 00622- OS10 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-GREAT BAY NATIONAL 100 MERRIMAC DRIVE NEWINGTON NH 03801 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-LITILE PEND OREILLE NWR: 1310 BEAR CREEK RD COLVILLE WA 99114 INTERIOR CERCLA 103 7/11/2003 LANDFILL FWS-MALHEUR NWR: BUENA E OF HWY 205AT 35 Ml S OF BURNS, 25 PRINCETON OR 97721 INTERIOR CERCLA 103 7/11/2003 VISTA STN Ml SE OF PRINCETON FWS-MATAGORDA ISLAND P.O. BOX 100 AUSTWELL TX 77950- 010 INTERIOR RCRA 3016 7/11/2003 NATIONAL WILDLIFE REFUGE FWS-NOMANS LAND ISLAND 73 WEIR HILL ROAD SUDBURY MA 01776-1420 INTERIOR RCRA 3016 7/11/2003 NATIONAL WILDLIFE REFUGE FWS-OXBOW NATIONAL 73 WEIR HILL ROAD SUDBURY MA 01776- 1420 INTERIOR RCRA 3016 7/11/2003 WILDLIFE REFUGE FWS-STUTIGART ARMY AIRFIELD 6 MILES N. OF STUTIGART STUTIGART AR 72160 INTERIOR CERCLA 103 7/11/2003 FWS-TURNBULL NWR: SMITH 26010 5 SMITH RD, 3.5 Ml 5 OF CHENEY CHENEY WA 99004 INTERIOR CERCLA 103 7/11/2003 ROAD SITE FWS-UMATILLA NWR: WHITCOMB ISL, OFF HWY 14,2 Ml E OF PATERSON WA 99345 INTERIOR CERCLA 103 7/11/2003 WHITCOMB ISLAND UNIT WHITCOMB, 9 Ml W OF FWS-WILLAPA NWR: SE LONG SE LONG ISLAND, 8.5 Ml NE OF ILWACO ILWACO WA 98624 INTERIOR CERCLA 103 7/11/2003 ISLAND AREA SITE +46.42 N,- 123.933 W FS RD 42 & FS RD 1S2 T145 R20E 515, FS-OCHOCO NF: AMITY MINE PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 12/15/2003 W.M FS-OCHOCO NF: BLUE RIDGE FS RD 42 & FS RD 200 T145 R20E 515, PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 12/15/2003 MINE W.M FWS-GRAYS LAKE NATIONAL 74 GRAYS LAKE RD 30 Ml N OF SODA WAYAN ID 83285 INTERIOR RCRA 3010 12/15/2003 WILDLIFE REFUGE: GRAYS SPRINGS FS-OCHOCO NF: CHAMPION T145 R19E 53 20 Ml NE OF PRINEVILLE PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 7/19/2004 MINE +44-23'22.1" N, FS-OCHOCO NF: LITILE HAY T135 R19E 527 24 Ml NE OF PRINEVILLE PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 7/19/2004 CREEK +44-25'12" N, 120- T135 R20E 520 35 Ml NE OF PRINEVILLE FS-OCHOCO NF: OCHOCO MINE PRINEVILLE OR 97754 AGRICULTURE CERCLA 103 7/19/2004 +44- 25'37.6" N, T45S R56E 513,23,24 +57- 57'01" N,136- FS-TONGASS NF: APEX MINE PELICAN AK 99832 AGRICULTURE CERCLA 103 7/19/2004 17'45" w T455 R56E 513,13,24+57- 56'56" N,136- FS-TONGASS NF: EL NIDO MINE PELICAN AK 99832 AGRICULTURE CERCLA 103 7/19/2004 17'01" w HARVARD (EX) PRECISION 25 MILES S.W. OF VALENTINE VALENTINE NE 69201 AGRICULTURE CERCLA 103 7/19/2004 BOMBING RANGE #5 USDA-FGIS TECHNICAL CENTER 10383 N AMBASSADOR DR KANSAS CITY MO 64153 AGRICULTURE RCRA 3016 7/19/2004 USFS SANTAQUIN MUDSLIDE 324 25TH ST SANTAQUIN UT 84655 AGRICULTURE CERCLA 103 7/19/2004 ME ARNG OMS#1 772 STEVENS AVENUE PORTLAND ME 04103-2696 ARMY RCRA 3010 7/19/2004 U.S. ARMY FT. DOUGLAS TOXIC AFZC-D-DEH SALT LAKE CITY UT 84113 ARMY CERCLA 103 7/19/2004 EXERCISE AREA NORTH USA CHARLESTON ARMY DEPOT REMOUNT ROAD sc 29406 ARMY CERCLA 103 7/19/2004 CHARLESTON BLM-ABANDONED GRAVEL PIT 23705. 2300W SALT LAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 BLM-BUCKHORN WAS 23705. 2300W SALT LAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 UNDERGROUND EXPLOSIVE SITE

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Reporting Facility Name Address City State Zip Agency Date Mechanism BLM-CARRINGTON ISL. 23705. 2300W SALTLAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 PRECISION BOMBING RANGE BLM-DUGWAY UNDERGROUND 23705. 2300W SALT LAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 EXPLOSIVE SITE #5 T7N R2E 533 NW1/4 NE1/4 +43-32'44.2" BLM-OSBORNE MINE HORSESHOE BEND ID 83629 INTERIOR CERCLA 103 7/19/2004 N, 116-7' BLM-WENDOVER BOMBING & 23705. 2300W SALT LAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 GUNNERY RANGE BLM-WENDOVER SPECIAL 23705. 2300W SALT LAKE CITY UT 84119 INTERIOR CERCLA 103 7/19/2004 WEAPONS BOMBING RANGE W/IN DETROIT RIVER, 10 MILES FWS-DETROIT RIVER DOWNSTREAM DETROIT, E OF 697 5 WYANDOTIE Ml 48192 INTERIOR RCRA 3016 7/19/2004 INTERNATIONAL WILDLIFE MOWER ROAD FWS-DON EDWARDS SAN P.O. BOX 524 NEWARK CA 94560-0524 INTERIOR RCRA 3016 7/19/2004 FRANCISCO BAY NATIONAL FWS-GUAM NATIONAL WILDLIFE RITIDIAN POINT DEDEDO GU 96912 INTERIOR RCRA 3016 7/19/2004 REFUGE-RITIDIAN UNIT FWS-HAWAIIAN ISLANDS FRENCH FRIGATE SHOALS, TERN ISLAND HI INTERIOR RCRA 3016 7/19/2004 NATIONAL WILDLIFE REFUGE FWS-HAWAIIAN ISLANDS LAYSAN ISLAND HI INTERIOR RCRA 3016 7/19/2004 NATIONAL WILDLIFE REFUGE FWS-HAWAIIAN ISLANDS NATIONAL WILDLIFE REFUGE- PEARL AND HERMES REEF HI INTERIOR RCRA 3016 7/19/2004 PEARL FWS-JAMES CAMPBELL OAHU NATIONAL WILDLIFE REFUGE HALEIWA HI 96712-0340 INTERIOR RCRA 3016 7/19/2004 NATIONAL WILDLIFE REFUGE-KII COMPLEX, P.O. BOX 340 FWS-JARVIS ISLAND NATIONAL JARVIS ISLAND PI INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE FWS-PALMYRAATOLL NATIONAL PALMYRA ATOLL PI INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE FWS-PRIME HOOK NATIONAL 11978 TURKLE POND ROAD MILTON DE 19968-9751 INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE-SHOOTING FWS-ROSE ATOLL NATIONAL ROSE ATOLL AS INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE FWS-SAN DIEGO NATIONAL 13910 LYONS VALLEY ROAD, SUITER JAMUL CA 91935-3805 INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE-SOUTH SAN FWS-SHELDON NATIONAL HUM BOLT AND WASHOE COUNTIES NV INTERIOR RCRA 3016 7/19/2004 WILDLIFE REFUGE FWS-SONNY BONO SAL TON SEA 906 WEST 51 NCLAI R ROAD CALIPATRIA CA 92233-9744 INTERIOR RCRA 3016 7/19/2004 NATIONAL WILDLIFE REFUGE FWS-SWEETWATER MARSH CHULA VISTA AND CA INTERIOR RCRA 3016 7/19/2004 NATIONAL WILDLIFE REFUGE NATIONAL CITY E. OF JACKSON ON A GRAVEL ROAD, JACKSON HOMER (EX) BEACON SOUTH OF SIOUX CITY JUST NORTH OF JACKSON NE 68743 TRANSPORTATION CERCLA 103 7/19/2004 ANNEX HWY20 VETERANS AFFAIRS MEDICAL VETERANS 50 IRVING ST NW CODE 138E IH WASHINGTON DC 20422 RCRA 3010 7/19/2004 CENTER ADMINISTRATION FS-CHUGACH NF: MINERAL KING TlON R6E SEC 14, 15, 23 WHITIIER AK 99693 AGRICULTURE CERCLA 103 12/20/2004 MINE FS-TONGASS NF: NORTH SAG I- LAT 56 51.57 N KUIU ISLAND W KAKE AK 99830 AGRICULTURE RCRA 3010 12/20/2004 FS-TONGASS NF: RAT2 HARBOR T695 R84E 518 THORNE BAY AK 99919 AGRICULTURE CERCLA 103 12/20/2004 SHOP SITE NAW BAY LTF AND CAMP FS- OF T745 R91E 525 KETCHIKAN AK 99901 AGRICULTURE CERCLA 103 12/20/2004 TONGASS NF: MAHONEY MINE TSOS R66E SEC23, COPPER RIVER USDA FS TONGASS NF: EAST SIDE MERIDIAN,SITKOH BAY, CHICHAGOF SITKA AK 99835 AGRICULTURE CERCLA 103 12/20/2004 SITKOH BAYLTF ISL., NEAR ANGOON US DOl BIA COOK CREEK FIELD 32 SHOP ROAD HUMPTULIPS WA 98552 INTERIOR RCRA 3010 12/20/2004 STATION NAVAL RESERVE STATION, 10677 AIRPORT ROAD DUBUQUE lA 52003 NAVY CERCLA 103 12/20/2004 DUBUQUE OMAHA (EX) AF STA Z-71 4 MILES NORTHWEST OF OMAHA, NE OMAHA NE 68108 TRANSPORTATION CERCLA 103 12/20/2004 FS-TONGASS NF: APC SAGINAW MILE 0 FSR6448 KUIU ISLAND AI< 99830 AGRICULTURE RCRA 3010 10/25/2005 BAY LOG TRANSFER FS-TONGASS NF: SEALEVEL MINE R94E T7 55 518 KETCHIKAN AK 99919 AGRICULTURE CERCLA 103 10/25/2005 1 Ml NW OF PEND OREILLE VILLAGE, BLM-JOSEPHINE MILL#2 SITE METALINE FALLS WA 99153 INTERIOR CERCLA 103 10/25/2005 T39N R43E SEC 16 T39N R43ESEC19 SE CORNER, +48- COLVILLE NF: ORIOLE MINE METALINE WA 99152 AGRICULTURE OTHER 8/17/2007 51'36.69" N, -117-24'46.42" W MALHEUR NF: ROBA WESTFALL T16S R29E SEC6, +44-12'37" N,-119- 16' JOHN DAY OR 97845 AGRICULTURE OTHER 8/17/2007 MINE 57" w MALHEUR NF: YORK & RAN NELS T165 R29E SEC?, +44-11'49" N,-119- JOHN DAY OR 97845 AGRICULTURE OTHER 8/17/2007 MINES 17'14" w T85 R35E.SEC22, +44-51'25" N,-118- UMATILLA NF: AJAX MINE GRANITE OR 97877 AGRICULTURE OTHER 8/17/2007 24'16" w T95 R35E SEC14, +44-47'09" N,-118- UMATILLA NF: BLACKJACK MINE GRANITE OR 97877 AGRICULTURE OTHER 8/17/2007 27'59" w T95 R35E SEC11, +44-45'59" N,-118- UMATILLA NF: BLUEBIRD MINE GRANITE OR 97877 AGRICULTURE OTHER 8/17/2007 29'37" w UMATILLA NF: MAGNOLIA MINE T85 R35E SEC22, +44-51'32" N, -118- GRANITE OR 97877 AGRICULTURE OTHER 8/17/2007

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Reporting Facility Name Address City State Zip Agency Date Mechanism 24'08" w T23S R1E SEC13, +43-34'SO" N, -122- UMPQUA NF: CHAMPION MINE COTIAGE GROVE OR 97424 AGRICULTURE OTHER 8/17/2007 37'49" w USAF ANG KINGSLEY AIR FIELD, KINGSLEY FIELD, 211 ARNOLD AVE KLAMATH FALLS OR 97603-0210 AIR FORCE RCRA 3010 8/17/2007 173 FW EM EPA REGION 7 SCIENCE & TECH 300 MINNESOTA AVE KANSAS CITY KS 66101 EPA RCRA 3010 8/17/2007 CTR GENERAL SERVICES GENERAL SERVICES 1900 RIVER ROAD BURLINGTON NJ 8016 RCRA 3010 2/12/1988 ADMINISTRATION ADMINISTRATION PITI POINT, 1 Ml W OF PT. LONELY, W CAMP LONELY LANDFILL SITE EDGE OF GRAVEL PATH, T18N RSW, NIUIQSUIT AK 99789 INTERIOR RCRA 3010 8/17/2007 SEC18 SE1/4, UMIAT MERIDIAN ELLIS ISLAND NATIONAL ELLIS ISLAND JERSEY CITY NJ 0730S INTERIOR RCRA 3010 8/17/2007 MONUMENT KING EDWARD MINE 18 Ml NW OF BLANDING BLANDING UT 84S11 AGRICULTURE CERCLA 103 11/2S/2008 GRANITE CREEK ROAD, 3 Ml W OF USDA FS BOISE NF: BELSHAZZAR PLACERVILLE, T7N R4E SEC 17, BOISE PLACERVILLE ID 83666 AGRICULTURE OTHER 11/2S/2008 MINE MERIDIAN SMOKY CANYON RD/FS RD 110, 24 Ml E USDA FS CARIBOU-TARGHEE NF: OF SODA SPRINGS, T8S R4SE SEC 24, 2S SODA SPRINGS ID 83276 AGRICULTURE OTHER 11/2S/2008 SMOKY CANYON MINE SITE & 36; T8S R46E SEC 17, 18, 1 USDA FS MT. BAKER- FS RD S640, 12 Ml NE OF NORTH BEND, SNOQUALMIE NF: RAINY MINE & T24N R10E SEC 9 & 16, WILLAMETIE NORTH BEND WA 9804S AGRICULTURE OTHER 11/2S/2008 MILL SITE MERIDIAN UTIR SOUTH WENDOVER AFAR- S Ml SW OF WENDOVER WENDOVER UT 84083 AIR FORCE OTHER 11/2S/2008 ALS01 ABERDEEN PROVING GROUND OFF RTE 40 ABERDEEN MD 2100S ARMY CERCLA 103 11/2S/2008 (MICHAELSVILLE LANDFILL) CAMP WILLIAMS SMIWOFLEHI LEHI UT 84043 ARMY CERCLA 103 11/2S/2008 LETIERKENNY ARMY DEPOT N FRANKLIN STREET FRANKLIN COUNTY PA 17201 ARMY CERCLA 103 11/2S/2008 (PDOAREA) PERSHING PROJECT-BLANDING 7 Ml SW OF BLANDING BLANDING UT 84S11 ARMY CERCLA 103 11/2S/2008 LAUNCH COMPLEX USPFO FOR TENNESSEE ARNG HQ (STARC) HOUSTON BARRACKS NASHVILLE TN 37204 ARMY RCRA 3010 11/2S/2008 GRANITE-ALMOTA ROAD, 21 Ml SW OF CORPS OF COE-CIVIL LOWER GRANITE DAM COLFAX WA 99111 RCRA 3010 11/2S/2008 COLFAX, T14N R43E SEC 29 ENGINEERS, CIVIL U.S. ARMY CORPS OF ENGINEERS, CAPE COD CANAL, CORPS OF 40 ACADEMY DRIVE BUZZARDS BAY MA 02S32 RCRA 3010 11/2S/2008 BOURNE BRIDGE LEAD ENGINEERS, CIVIL ABATEMENT PROJE TRANSPORTATION SECURITY HOMELAND S7S7 W CENTURY BLVD LOS ANGELES CA 9004S RCRA 3010 11/2S/2008 ADMINISTRATION AT LAX SECURITY USCG BURROWS ISLAND LIGHT SW SIDE OF BURROWS ISLAND, S Ml SW HOMELAND ANACORTES WA 98221 RCRA 3010 11/2S/2008 STATION OF ANACORTES SECURITY HOMELAND USCG OLD SAINT LOUIS BASE FOOT OF IRON ST. & MISSISSIPPI RIVER STLOUIS MO 63111 CERCLA 103 11/2S/2008 SECURITY T19N R23E SEC 31, WILLAMETIE BR Quincy Illegal Dump Site MERIDIAN, 2S Ml W OF GEORGE, 3S Ml QUINCY WA 98848 INTERIOR RCRA 3010 11/2S/2008 SW OF QUINCY KELLY SILVER MINE HWY39S RED MOUNTAIN CA 93SS8 INTERIOR CERCLA 103 11/2S/2008 OVERTON GRAVEL PIT TRESPASS 1/4 Ml W OF HWY 169 OVERTON NV 89040 INTERIOR RCRA 3010 11/2S/2008 SITE POND MINE SEC 3, T12N R10E MDBM FOREST HILL CA 9S631 INTERIOR CERCLA 103 11/2S/2008 POORE MINE BENEDICT CANYON LANE NEVADA CO CA INTERIOR CERCLA 103 11/2S/2008 BIA 140 RD-SIGNAL PEAK ROAD, 24 Ml USDOI BIA SIGNAL PEAK RANGER SW OF WHITE SWAN, T9N R13E SEC 2S, WHITE SWAN WA 989S2 INTERIOR RCRA 3010 11/2S/2008 STATION WILLAMETIE MERIDIAN CARBON CENTER ROAD, 10 Ml SE OF USDOI BLM I DORA MINE AND PRITCHARD, 10 Ml N OF WALLACE, T49N WALLACE ID 83873 INTERIOR OTHER 11/2S/2008 MILL SITE RSE SEC 30 FEDERAL PRISON INDUSTRIES, 74192S HERLONG ACCESS RD. A2S HERLONG CA 96113 JUSTICE RCRA 3010 11/2S/2008 INC. (UNICOR) ST. JULIENS CREEK ANNEX (U.S. VICTORY BOULEVARD CHESAPEAKE VA 23323 NAVY CERCLA 103 11/2S/2008 NAVY) USN UNDERSEA WARFARE 801 CLEMATIS ST WEST PALM BEACH FL 33401 NAVY RCRA 3010 11/2S/2008 CENTER USNAVY BOARDMAN NAVAL BOMBING RANGE ROAD, 6 Ml S OF WEAPONS SYSTEMS TRAINING BOARDMAN OR 97818 NAVY OTHER 11/2S/2008 BOARDMAN SITE U.S. VA MEDICAL CENTER VETERANS 940 BELMONT ST BROCKTON MA 02401 RCRA 3010 11/2S/2008 BROCKTON ADMINISTRATION VETERANS VA MEDICAL CENTER 1400 VFW PARKWAY WEST ROXBURY MA 02132 RCRA 3010 11/2S/2008 ADMINISTRATION VETERANS VA MEDICAL CENTER-ST CLOUD 4801 VETERANS DR ST. CLOUD MN S6303 RCRA 3010 11/2S/2008 ADMINISTRATION USDA FS OLYMPIC NF: SNIDER WORK CENTER OF PACIFIC SS3 W SNIDER RD PORT ANGELES WA 98363 AGRICULTURE RCRA 3010 10/13/2010 RANGER DISTRICT-NORTH USDA FS CARIBOU-TARGHEE NF: CENTRAL RASMUSSEN RIDGE T6S R42E SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 MINE

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Reporting Facility Name Address City State Z1p Agency Date Mechanism USDA FS CARIBOU-TARGHEE NF: T9S R44E SEC 2 SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 CHAMP MINE USDA FS CARIBOU-TARGHEE NF: T9S R43E SEC 28 SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 DIAMOND GULCH MINE USDA FS CARIBOU-TARGHEE NF: T9S R44E SEC 14,1S,23,2S,26,3S,36 SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 MOUNTAIN FUEL MINE USDA FS CARIBOU-TARGHEE NF: T7S R44E SEC 20,21,27,28,33,34; T8S SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 NORTH MAYBE CANYON MINE R44E SEC 3,4 USDA FS CARIBOU-TARGHEE NF: T8S R44E SEC 4 SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 SOUTH MAYBE CANYON MINE T6S R43E SEC 32,33; T7S R43E SEC USDA FS CARIBOU-TARGHEE NF: 3,10,11,13,14,23,24,2S; T7S R44E SEC SODA SPRINGS ID 83201 AGRICULTURE OTHER 10/13/2010 WOOLEY VALLEY MINE 19 USDA FS CHUGACH NF: CULROSS SE SLOPE ABOVE CULROSS BAY WHITIIER AK 99693 AGRICULTURE OTHER 10/13/2010 MINE & MILL SITE USDA FS COLVILLE NF: T36N R41E SEC 18 E1/2, 11 Ml NE OF COLVILLE WA 99114 AGRICULTURE OTHER 10/13/2010 LONGSHOTMINE & MILL COLVILLE USDA FS MALHEUR NF: IDOL CITY FS ROAD 393S-630, T21S R32E SEC 4,9, BURNS OR 97720 AGRICULTURE OTHER 10/13/2010 MINE 20 Ml NE OF BURNS FS ROAD 4630-024, T6S R7E SEC 5 SE1/4 USDA FS MT. HOOD NF: KIGGINS NE1/4; T6S R7E SEC S NE1/4 SW1/4; 30 ESTACADA OR 97023 AGRICULTURE OTHER 10/13/2010 & NISBET MINE Ml SE OF ESTACADA GATED ROAD OFF SLATE CREEK RD OFF USDA FS OKANOGAN- USFS RD 5400 OFF STATE ROUTE 20; MAZAMA WA 98833 AGRICULTURE OTHER 10/13/2010 WENATCHEE NF: AZURITE MINE T37N R17E SEC 30 NE1/4NE1/4, WM USDA FS OLYMPIC NF: QUINAULT OFFICE OF PACIFIC RANGER 353 S SHORE RD QUINAULT WA 98575 AGRICULTURE RCRA 3010 10/13/2010 DISTRICT-SOUTH USDA FS TONGASS NF: CASCADE T74S R84E SEC 1 HOLLIS AK 99921 AGRICULTURE OTHER 10/13/2010 PROSPECT USDA FS TONGASS NF: COFFMAN FOREST SERVICE ROAD 3030 COFFMAN COVE AK 99918 AGRICULTURE OTHER 10/13/2010 COVE ROAD USDA FS TONGASS NF: DUCK 9050 ATLIN RD, NW CORNER OF ATLIN JUNEAU AK 99801 AGRICULTURE RCRA 3010 10/13/2010 CREEK ADMINISTRATIVE SITE DR & TESLIN ST USDA FS TONGASS NF: KHAYYAM BETWEEN POLK INLET AND CHOMLEY THORNE BAY AK 99919 AGRICULTURE OTHER 10/13/2010 STUMBLE-ON MINE SOUND, PRINCE OF WALES ISLAND USDA FS TONGASS NF: LUCKY T73S R83E SEC 28 HOLLIS AK 99921 AGRICULTURE OTHER 10/13/2010 NELL MINE USDA FS TONGASS NF: PUYALLUP T73S R84E SEC 31 HOLLIS AK 99921 AGRICULTURE OTHER 10/13/2010 MINE USDA FS WILLAMETIE NF: FS ROAD 079, 10 Ml W OF BOURNE BOURNE OR 97877 AGRICULTURE OTHER 10/13/2010 MORNING STAR MINE USDA FS WILLAMETIE NF: RUTH FS ROAD 2209, 8AIR Ml NE OF ELKHORN OR 97045 AGRICULTURE OTHER 10/13/2010 MINE ELKHORN T8S R5E SEC 27 UNITED LAUNCH ALLIANCE BEACH ROAD CCAFS FL 32920-9009 AIR FORCE RCRA 3010 10/13/2010 CCAFS DELTA IV PROGRAM FORT MCPHERSON 1322 COBB STREET SW FORT MCPHERSON GA 30330 ARMY RCRA 3010 10/13/2010 US ARMY GARRISON CAMP 1500 CAMP MACKALL PLACE MARSTON NC 28363 ARMY RCRA 3010 10/13/2010 MACKALL USA RADFORD AMMUNITION STATE ROUTE 114 RADFORD VA 24141 ARMY OTHER 10/13/2010 PLANT USDOC NOAA NATIONAL 11305 GLACIER HWY AUKE BAY AK 99821 COMMERCE RCRA 3010 10/13/2010 MARINE FISHERIES: JUNEAU LAB NF ROAD 2212 & N SANTIAM HWY CORPS OF COE-CIVIL DETROIT DAM 960433 MILL CITY OR 97360 RCRA 3010 10/13/2010 22,T10S R5E SEC 7 W1/2, WM ENGINEERS, CIVIL MOUNT MORRIS DAM AREA OF CORPS OF 6103 VISITOR CENTER MOUNT MORRIS NY 14510 OTHER 10/13/2010 CONCERN ENGINEERS, CIVIL GSA-THURGOOD MARSHALL U.S. GENERAL SERVICES 40 CENTRE STREET NEW YORK NY 10007 RCRA 3010 10/13/2010 COURTHOUSE ADMINISTRATION NIH CHEMICAL GEMONICS HEALTH AND 9800 MEDICAL CENTER DR ROCKVILLE MD 20850 RCRA 3010 10/13/2010 CENTER HUMAN SERVICES TRANSPORTATION SECURITY HOMELAND 6000 NORTH TERMINAL PKWY ATLANTA GA 30320 RCRA 3010 10/13/2010 ADMINISTRATION SECURITY TRANSPORTATION SECURITY HOMELAND 3100 S TERMINAL RD HOUSTON TX 77032 RCRA 3010 10/13/2010 ADMINISTRATION SECURITY TRANSPORTATION SECURITY LAGUARDIA HOMELAND HANGAR#3 NY 11371 OTHER 10/13/2010 ADMINISTRATION AIRPORT SECURITY TRANSPORTATION SECURITY HOMELAND MCNAMARA TERMINAL ROMULUS Ml 48242 RCRA 3010 10/13/2010 ADMINISTRATION SECURITY TSAAT JFK INTERNATIONAL HOMELAND 230-59 ROCKAWAY BLVD JAMAICA NY 11413 RCRA 3010 10/13/2010 AIRPORT SECURITY TSA ATLUIS M MARIN INTL HOMELAND TERMINAL D STE 4010 AIRPORT STA CAROLINA PR 00979 RCRA 3010 10/13/2010 AIRPORT-SJU SECURITY TSA ROTUNDA MEZ LEV TERM HOMELAND 10000 BESSIE COLEMAN DR CHICAGO IL 60666 RCRA 3010 10/13/2010 2&3 SECURITY TSA-NEWARK INTERNATIONAL HOMELAND 614 FRELINGHYSEN AVE 3RD FLOOR NEWARK NJ 07114 RCRA 3010 10/13/2010 AIRPORT SECURITY U.S. COAST GUARD SECTOR SAN HOMELAND 2710 NORTH HARBOR DRIVE SAN DIEGO CA 92101 RCRA 3010 10/13/2010 DIEGO SECURITY POPLAR POINT NURSERY 1900 ANACOSTIA DRIVE WASHINGTON DC 20020 INTERIOR CERCLA 103 10/13/2010

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Reporting Facility Name Address City State Zip Agency Date Mechanism USDOI BLM JOHN RISHEL lOOSAVIKKO RD, MAYFLOWER ISLAND- DOUGLAS AK 99824 INTERIOR RCRA 3010 10/13/2010 MINERAL INFORMATION CENTER JUNEAU T17N R53W SEC 6 Nl/2, SEWARD USDOI BLM KOLMAKOF MINE MERIDIAN, N. BANK OF KUSKOKWIM ANIAK AK 99557 INTERIOR RCRA 3010 10/13/2010 RIVR CROY ROAD, 7 Ml SW OF HAILEYT2N USDOI BLM RED ELEPHANT MILL R17E SEC 28 SEl/4 SEl/4, BOISE HAILEY ID 83333 INTERIOR OTHER 10/13/2010 SITE MERIDIAN USGS COLUMBIA RIVER 5501 COOK UNDERWOOD ROAD, STE A COOK WA 98605 INTERIOR RCRA 3010 10/13/2010 RESEARCH LABORATORY COMMANDER NAVY REGION 8998 BLOUNT ISLAND BLVD JACKSONVILLE FL 32226-4033 NAVY RCRA 3010 10/13/2010 SOUTHEAST US NAVY NUWC DIV NEWPORT DEAD HORSE AIRPORT ERA 419 DALTON HIGHWAY PRUDHOE BAY AK 99734 NAVY RCRA 3010 10/13/2010 HANGER BATH VETERANS AFFAIRS VETERANS 76 VETERANS AVENUE BATH NY 14810 RCRA 3010 10/13/2010 MEDICAL CENTER ADMINISTRATION SIOUX FALLS VA MEDICAL VETERANS 2501 WEST 22ND STREET SIOUX FALLS SD 57105 RCRA 3010 10/13/2010 CENTER ADMINISTRATION USVA PSHCS AMERICAN LAKE VETERANS VETERANS DR., AMERICAN LAKE TACOMA WA 98493 RCRA 3010 10/13/2010 DIVISION ADMINISTRATION USVA WILLIAMS MIDDLETON VETERANS 2500 OVERLOOK TERRACE MADISON WI S370S-22S4 RCRA 3010 10/13/2010 MEMORIAL HOSPITAL ADMINISTRATION VA CARIBBEAN HEALTH CARE VETERANS 10 CASIA STREET RIO PIEDRAS PR 00921 RCRA 3010 10/13/2010 SYSTEM ADMINISTRATION VETERANS VA MEDICAL CENTER 3001 GREEN BAY RD NORTH CHICAGO IL 60064 RCRA 3010 11/25/2008 ADMINISTRATION VETERANS VAMC, SAN FRANCISCO (138ES) 4150 CLEMENT STREET SAN FRANCISCO CA 94121 RCRA 3010 10/13/2010 ADMINISTRATION FORMER RED ROCKS MINE 37 51' 23 N LAT 11814' 34 W L. DYER NV 89010 AGRICULTURE RCRA 3010 12/31/2012 MERCURY MINE U.S. ARMY WARRIOR AVENUE ALEXANDRIA LA 71311 ARMY RCRA 3010 12/31/2012 NIEHS & EPA WASTE HANDLING HEALTH AND TW ALEXANDER DRIVE DURHAM NC RCRA 3010 12/31/2012 FACILITY HUMAN SERVICES US COAST GUARD AIR STATION HOMELAND BLDG 5216 BRYAN RD BOURNE MA 02542 RCRA 3010 12/31/2012 CAPE COD SECURITY US COAST GUARD TRAINING HOMELAND 1 MUNRO AVENUE CAPE MAY NJ 08204 RCRA 3010 12/31/2012 CENTER SECURITY US SECRET SERVICE- ARIEL RIDS HOMELAND PENNSYVANIA AVENUE NW WASHINGTON DC 20004 RCRA 3010 12/31/2012 BLDG SECURITY NAVAL MEDICAL CENTER SAN BOB WILSON DRIVE SAN DIEGO CA 92147 NAVY RCRA 3010 12/31/2012 DIEGO (BALBOA HOSPITAL) US NAVY NAVAL STATION 1 SIMONPIETRI DRIVE NEWPORT Rl 02841 NAVY RCRA 3010 12/31/2012 NEWPORT AEXARSR FAA AVE ALEXANDRIA LA 71311 TRANSPORTATION RCRA 3010 12/31/2012 TRANSPORTATION SECURITY E SKY HARBOR BLVD, STE 4206 PHOENIX AZ 85034 TRANSPORTATION RCRA 3010 10/13/2010 ADMINISTRATION DEPARTMENT OF VETERAN ECOLFAX AURORA co 80045 VETERANS AFFAIRS RCRA 3010 12/31/2012 AFFAIRS SOUTHEASTLOUISIANA VETERANS HEALTHCARE CANAL STREET NEW ORLEANS LA 70119 VETERANS AFFAIRS RCRA 3010 12/31/2012 SYSTEM/REPLACE NEW ORLEANS VA MEDICAL CE US DEPARTMENT OF VETERANS AFFAIRS NEBRASKA-WESTERN WOOLWORTH OMAHA NE 68105 VETERANS AFFAIRS RCRA 3010 12/31/2012 IOWA HEALTH CARE SYSTEM VA CT HEALTH CARE SYSTEM WILLARD AVE NEWINGTON CT 06111 VETERANS AFFAIRS RCRA 3010 12/31/2012 VA LONG BEACH HEALTHCARE 5901 E 7TH ST LONG BEACH CA 90822 VETERANS AFFAIRS RCRA 3010 12/31/2012 SYSTEM VALBHS USDA FS COLVILLE NF: KELLY ON 391 SPUR OF FSR # 2148, 11 Ml N REPUBLIC WA 98166 AGRICULTURE RCRA 3010 3/18/2013 CAMP MINE OF CY, T38N R32E SEC 9, SW 1/4 USDA FS MT BAKER- SNOQUALMIE NF: CASHMAN 201 NE LOWE CREEK RD BARING WA 98224 AGRICULTURE RCRA 3010 3/18/2013 MILL/APEX MILL SITE USDA FS MT BAKER- SNOQUALMIE NF: KROMONA ON MIDDLE FORK OF SOUTH FORK SULTAN WA 98294 AGRICULTURE OTHER 3/18/2013 MINE & MILL SITE USDA FS MT BAKER- SNOQUALMIE NF: SUNSET MINE ON TROUT CREEK, 5 Ml NE OF CY INDEX WA 98256 AGRICULTURE OTHER 3/18/2013 & MILL SITE USDA FS OKANOGAN- OROVILLE-TORODA CREEK RD/COUNTY WENATCHEE NF: BETH LAKE RD 9480, 8 Ml SE OF CY, T39N R30E SEC CHESAW WA 98844 AGRICULTURE OTHER 3/18/2013 PROSPECT 23, SEl/4 FROM BUMPING LAKE CAMPGROUNDS USDA FS WENATCHEE NF: 8 Ml ON NFR 1800 & 1808,2 Ml SOF NACHES WA 98929 AGRICULTURE OTHER 3/18/2013 COPPER CITY MILL GRANITE LAKE PROSPECT, 30 Ml W OF FROM BUMPING LAKE CAMPGROUNDS USDA FS WENATCHEE NF: 2.3 Ml ON NFR 1800, 4.2 Ml SW ON NFR NACHES WA 98929 AGRICULTURE OTHER 3/18/2013 GRANITE LAKE PROS-PECT 1809, 30 Ml W OF CY, TlSN R12E S 182ND AIRLIFT WING AIR NATL 6915 W SMITHVILLE RD PEORIA IL 61607 AIR FORCE RCRA 3010 3/18/2013 GUARD

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Reporting Facility Name Address City State Zip Agency Date Mechanism USAF ANG WALLA WALLA 113 S COLVILLE ST WALLA WALLA WA 99362 AIR FORCE RCRA 3010 3/18/2013 MILITARY DEPT PORT ALLEN LOCK 2101 ERNEST WILSON DR PORT ALLEN LA 70767 ARMY RCRA 3010 3/18/2013 CORPS OF COE-CIVIL MCNARY PROJECT COLUMBIA RIVER MILE 292 UMATILLA OR 97882 RCRA 3010 3/18/2013 ENGINEERS, CIVIL USDOE OFFICE OF SCIENCE PNNL 333S QAVENUE RICHLAND WA 993S4 ENERGY RCRA 3010 3/18/2013 SITE GSA-ST ELIZABETH'S WEST GENERAL SERVICES 2701 MARTIN LUTHER KING AVE SE WASHINGTON DC 20032 RCRA 3010 3/18/2013 CAMPUS ADMINISTRATION GENERAL SERVICES U.S. APPRAISERS BUILDING/ GSA 630 SANSOM E STREET SAN FRANCISCO CA 94111 RCRA 3010 3/18/2013 ADMINISTRATION HOMELAND BEAVER ISLAND HIGH LEVEL SITE SOUTH END ROAD PEAINETOWNSHIP Ml 49782 OTHER 3/18/2013 SECURITY CHEBOYGAN HOUSING VACANT HOMELAND 900 S. WESTERN AVENUE CHEBOYGAN Ml 49721 OTHER 3/18/2013 LOT SECURITY CHEBOYGAN RIVER RANGE HOMELAND 606 WATER STREET CHEBOYGAN Ml 49721 OTHER 3/18/2013 FRONT LIGHT SECURITY HOMELAND DETROIT ATWATER PROPERTY 2660 E. ATWATER STREET DETROIT Ml 48207 OTHER 3/18/2013 SECURITY JAMESJ ROWLEY TRAINING HOMELAND 9200 POWDER MILL RD LAUREL MD 20708 RCRA 3010 3/18/2013 CENTER SECURITY MENAGERIE ISLAND LIGHT (UNINCORPORATE HOMELAND ISLE ROYALE NATIONAL PARK Ml 49930 OTHER 3/18/2013 STATION D) SECURITY ALPENA HOMELAND MIDDLE ISLAND LIGHT STATION MIDDLE ISLAND Ml 49707 OTHER 3/18/2013 TOWNSHIP SECURITY HOMELAND OLD STATION ASHTABULA 1 FRONT STREET ASHTABULA OH 44004 OTHER 3/18/2013 SECURITY HOMELAND OLD STATION LUDINGTON 101 S. LAKESHORE DRIVE LUDINGTON Ml 49431 OTHER 3/18/2013 SECURITY HOMELAND OLD STATION MARQUETTE N. LAKESHORE BLVD. & E. RIDGE STREET MARQUETTE Ml 49855 OTHER 3/18/2013 SECURITY HANCOCK HOMELAND OLD STATION PORTAGE COAST GUARD ROAD Ml 49930 OTHER 3/18/2013 TOWNSHIP SECURITY OLD STATION PT. HURON/FT HOMELAND CONGER & OMAR STREETS PORT HURON Ml 48060 OTHER 3/18/2013 GRATIOT LIGHT SECURITY (UNINCORPORATE HOMELAND PASSAGE ISLAND LIGHT STATION ISLE ROYALE NATIONAL PARK Ml 49930 OTHER 3/18/2013 D) SECURITY HAYNES HOMELAND STURGEON POINT LIGHT STURGEON POINT SCENIC ROAD Ml 48740 OTHER 3/18/2013 TOWNSHIP SECURITY THUNDER BAY ISLAND LIGHT MICHIGAN ISLANDS NAT'L WILDLIFE ALPENA HOMELAND Ml 49707 OTHER 3/18/2013 STATION REFUGE TOWNSHIP SECURITY TRANSPORTATION SECURITY HOMELAND 300 ROGERS BLVD HONOLULU HI 96819 RCRA 3010 10/13/2010 ADMINISTRATION SECURITY USDHS CG GRAYS HARBOR HOMELAND OCEAN DR & LIGHTHOUSE DRIVE WESTPORT WA 98S9S RCRA 3010 3/18/2013 LIGHTHOUSE SECURITY GREAT KILLS PARK -GATEWAY 210 NEW YORK AVENUE STATEN ISLAND NY 10305-5019 INTERIOR CERCLA 103 3/18/2013 NATIONAL RECREATION AREA OXON COVE LANDFILL OXON HILL ROAD OXON HILL MD 20745 INTERIOR CERCLA 103 3/18/2013 US GEOLOGICAL SURVEY- 599 SEAPORT BLVD REDWOOD CITY CA 94063 INTERIOR RCRA 3010 3/18/2013 MARINE FACILITY (MARFAC) USDOI BLM RED TOP MINE TlOS RSSW S29, SEWARD MERIDIAN ALEGNAGIK AK 99555 INTERIOR OTHER 3/18/2013 FBI ACADEMY 15 HOGANS ALLEY QUANTICO VA 22135 JUSTICE RCRA 3010 3/18/2013 FEDERAL CORRECTIONAL 1377 AIR EXPRESSWAY BLVD VICTORVILLE CA 92394 JUSTICE RCRA 3010 3/18/2013 COMPLEX VICTORVILLE POTTER STEWART US 100 E 5TH ST CINCINNATI OH 45202 JUSTICE RCRA 3010 3/18/2013 COURTHOUSE DLA Disposition Services P.O. Box 140 JBPHH HI 96890 NAVY RCRA 3010 3/18/2013 MANSFIELD NAVAL RESERVE 170 ASHLAND RD MANSFIELD OH 44902 NAVY RCRA 3010 3/18/2013 CENTER NAVAL WPNS STATION SEAL 2300 5TH ST NORCO CA 92860 NAVY RCRA 3010 3/18/2013 BEACH DET. CORON NAVY REMEDIATION AT 1330 LASKEY RD TOLEDO OH 43612 NAVY RCRA 3010 3/18/2013 TELEDYNE TURBINE ENG SUPERVISOR OF SHIPBUILDING, 505 HOWMET DRIVE HAMPTON VA 23661 NAVY RCRA 3010 3/18/2013 USN UNIFORMED SERVICES UN IV/ 4301 JONES BRIDGE RD BETHESDA MD 20814 NAVY RCRA 3010 3/18/2013 HEALTH SCIENCES USNAVYTRANSIENT FAMILY 90 MAGNUSON WAY BREMERTON WA 98310 NAVY RCRA 3010 3/18/2013 ACCOMMODATION EASTPARK YOUNGSTOWN NAVAL RESERVE 315 E LACLEDE AVE YOUNGSTOWN OH 44507 NAVY RCRA 3010 3/18/2013 CENTER SMITHSONIAN INST-NATURAL Smithsonian Board lOTH & CONSTITUTION AVENUE NW WASHINGTON DC 20560 RCRA 3010 3/18/2013 HISTORY BLDG of Regents UNITED STATES MERCHANT 300 STEAMBOAT ROAD KINGS POINT NY 11024 TRANSPORTATION RCRA 3010 3/18/2013 MARINE ACADEMY TRANS SECURITY 5501 JOSH BIRMINGHAM PKWY STE CHARLOTTE NC 28208 TREASURY RCRA 3010 3/18/2013 ADMINISTRATION (CLT) TRANSPORTATION SECURITY 8500 ESSINGTON AVE PHILADELPHIA PA 19153 TREASURY RCRA 3010 3/18/2013 ADMIN PHIL INTL UNITED STATES MINT 155 HERMAN STREET SAN FRANCISCO CA 94102 TREASURY RCRA 3010 3/18/2013

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Reporting Facility Name Address City State Zip Agency Date Mechanism US POSTAL SERVICE-GMF S640 E TAFT RD SYRACUSE NY 13220 USPS RCRA 3010 3/18/2013 ALVIN C YORK VA MEDICAL VETERANS 3400 LEBANON RD MURFREESBORO TN 37130 RCRA 3010 3/18/2013 CENTER ADMINISTRATION DEPARTMENT OF VETERANS VETERANS 1 VA CENTER AUGUSTA ME 4330 RCRA 3010 3/18/2013 AFFAIRS ADMINISTRATION FORT HOWARD VETERANS VETERANS 9600 NORTH POl NT RD FORT HOWARD MD 210S2 OTHER 3/18/2013 AFFAIRS MEDICAL CENTER ADMINISTRATION VETERANS MIAMI VA HEALTH CARE SYSTEM 1201 NW 16TH ST MIAMI FL 3312S RCRA 3010 3/18/2013 ADMINISTRATION USVA HUDSON VALLEY HEALTH VETERANS 2094 ALBANY POST ROAD MONTROSE NY 10548 RCRA 3010 3/18/2013 CARE SYSTEM ADMINISTRATION USVA PORTLAND MEDICAL VETERANS 3710 SW US VETERANS HOSPITAL, R PORTLAND OR 97239 RCRA 3010 3/18/2013 CENTER ADMINISTRATION VETERANS USVA PSHCS SEATTLE DIVISION 1660 S COLUMBIAN WAY SEATTLE WA 98108 RCRA 3010 3/18/2013 ADMINISTRATION USVA ROSEBURG HEALTH CARE VETERANS 913 NW GARDEN VALLEY BLVD ROSEBURG OR 97471 RCRA 3010 3/18/2013 SYSTEM ADMINISTRATION VA GULF COAST VETERANS VETERANS 400 VETERANS AVENUE BILOXI MS 39531 RCRA 3010 3/18/2013 HEALTH CARE SYSTEM ADMINISTRATION VETERANS VA MEDICAL CENTER 1030 JEFFERSON AVE MEMPHIS TN 38104 RCRA 3010 11/25/2008 ADMINISTRATION VACHS VETERANS ADMIN CT VETERANS 950 CAMPBELL AVE BLDG 15 WEST HAVEN CT 06516 RCRA 3010 3/18/2013 HEAL THCARE SYSTEM ADMINISTRATION VETERANS ADMINISTRATION VETERANS 1310 24TH AVES NASHVILLE TN 37212 RCRA 3010 3/18/2013 MEDICAL CENTER ADMINISTRATION VETERANS ADMINISTRATION VETERANS 79 MIDDLEVILLE ROAD NORTHPORT NY 11768 RCRA 3010 3/18/2013 MEDICAL CENTER N ADMINISTRATION NATL COLDWATER 11861 LEETOWN RD KEARNEYSVILLE wv 25430 AGRICULTURE RCRA 3010 1/6/2014 AQUACULTURE CTR USDA APHIS WS Pocatello Supply 238 E Dillon Street Pocatello ID 83201 AGRICULTURE RCRA 3010 1/6/2014 Depot GENERAL SERVICES US CUSTOMS HOUSE 19TH ST DENVER co 80202 RCRA 3010 1/6/2014 ADMINISTRATION US FDA OFFICE OF CRIMINAL HEALTH AND 11750 BELTSVILLE DR SUITE 200 BELTSVILLE MD 20705 RCRA 3010 1/6/2014 INVESTIGATION HUMAN SERVICES TRANSPORTATION SECURITY HOMELAND NW 20TH ST BLDG 3050 MIAMI FL 33142 RCRA 3010 1/6/2014 ADMINISTRATION (MIA) SECURITY TSA ORLANDO INTERNATIONAL HOMELAND JEFF FUQUA BLVD ORLANDO FL 32822 RCRA 3010 1/6/2014 AIRPORT SECURITY TSA PORTLAND INTERNATIONAL HOMELAND 7000 NEAIRPORT WY LWR LVLS E PORTLAND OR 97218 RCRA 3010 1/6/2014 AIRPORT SECURITY HOMELAND TSA SEATAC AIRPORT 178011NTL BLVD, RM 6631 SEATTLE WA 98158 RCRA 3010 1/6/2014 SECURITY HOMELAND USDHS CG Alki Point Lighthouse 3201 ALKI AVE SW SEATTLE WA 98116 RCRA 3010 1/6/2014 SECURITY USDHS CG North Head N North Head Lighthouse Road, 2 mi SW HOMELAND ILWACO WA 98624 OTHER 1/6/2014 Lighthouse of Ilwaco I 46.29891 N, 124.07805 W SECURITY NASA ELLINGTON FIELD SW 36TH ST HOUSTON TX 77058 NASA RCRA 3010 1/6/2014 CANANDAIGUA VA MEDICAL 400 FOOT HILL AVENUE CANANDAIGUA NY 14424 VETERANS AFFAIRS RCRA 3010 1/6/2014 CENTER LOUIS STOKES CLEVELAND VAMC 10701 EAST BLVD CLEVELAND OH 44106 VETERANS AFFAIRS RCRA 3010 1/6/2014 LOUISVILLE VETERANS AFFAIRS 800 ZORN AVENUE LOUISVILLE KY 40202 VETERANS AFFAIRS RCRA 3010 1/6/2014 MEDICAL CENTER SAN DIEGO V.A. HEALTH CARE LA JOLLA VILLAGE DRIVE SAN DIEGO CA VETERANS AFFAIRS RCRA 3010 1/6/2014 SYSTEM VA MT H LTH CARE SYSTEMS VETERANS DR FORT HARRISON MT S9636 VETERANS AFFAIRS RCRA 3010 1/6/2014 FORT HARRISON Gila National Forest: Catron PO BOX 170 RESERVE NM 87830 AGRICULTURE RCRA 3010 12/31/2014 County Shooting Range- Reserve AIR FORCE PLANT NO 4 PO BOX 748 FORT WORTH TX 76108 AIR FORCE RCRA 3010 12/31/2014 (LOCKEED MARTIN) USACE- PORTUGUES DAM PR Road 10 km S.S Ponce PR 00731 ARMY RCRA 3010 12/31/2014 USARMY Fort Pierce Biorka Island 15 mi SW of Sitka on Biorka Island Sitka AK 9983S ARMY OTHER 12/31/2014 HERBERT C. HOOVER BUILDING 1401 CONSTITUTION AVENUE NW GENERAL SERVICES WASHINGTON DC 20230 RCRA 3010 12/31/2014 (AKA: MAIN COMMERCE) ROOM 7603 ADMINISTRATION FLETC- DEPARTMENT OF HOMELAND 9000 COMMO ROAD CHELTENHAM MD 20623 RCRA 3010 12/31/2014 HOMELAND SECURITY SECURITY TRANSPORTATION SECURITY HOMELAND S10AIRLINE DR COPPELL TX 7S019 RCRA 3010 12/31/2014 ADMINISTRATION (DFW) SECURITY US BORDER PATROL SAN DIEGO HOMELAND 2301 McCain Road San Diego CA 92101 RCRA 3010 12/31/2014 FIRING RANGE SECURITY USDHS CG Fort Pierce former HOMELAND 15 mi SW of Sitka on Biorka Island Sitka AK 9983S OTHER 12/31/2014 USNAVY Site Biorka Island SECURITY 14700 N Tongass Hwy, approx.13 mi N USDHS CGPORT HIGGINS RADIO HOMELAND of Ketchikan, T74S R90E Sec 7, Copper Ketchikan AK 99901 OTHER 12/31/2014 STATION SECURITY River Meridian BR-Benton City Site 39307 W Kelly Rd Benton City WA 99320 INTERIOR RCRA 3010 12/31/2014 BR-Chandler Power & Pumping Old Inland Empire Hwy Benton City WA 99320 INTERIOR RCRA 3010 12/31/2014 Plant BR-Redding Shasta Office CVP Redding CA 96003 INTERIOR RCRA 3010 12/31/2014

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[FR Doc. 2016–04692 Filed 3–2–16; 8:45 am] the Farm Credit Administration Board ADDRESSES: Farm Credit BILLING CODE 6560–50–C (Board). Administration, 1501 Farm Credit Drive, McLean, Virginia 22102–5090. Submit DATES: The regular meeting of the Board will be held at the offices of the Farm attendance requests via email to FARM CREDIT ADMINISTRATION Credit Administration in McLean, [email protected]. See Virginia, on March 10, 2016, from 9:00 SUPPLEMENTARY INFORMATION for further Farm Credit Administration Board; a.m. until such time as the Board information about attendance requests. Sunshine Act; Regular Meeting concludes its business. SUPPLEMENTARY INFORMATION: This AGENCY: Farm Credit Administration. FOR FURTHER INFORMATION CONTACT: Dale meeting of the Board will be open to the SUMMARY: Notice is hereby given, L. Aultman, Secretary to the Farm public (limited space available). Please pursuant to the Government in the Credit Administration Board, (703) 883– send an email to VisitorRequest@ Sunshine Act, of the regular meeting of 4009, TTY (703) 883–4056. FCA.gov at least 24 hours before the

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meeting. In your email include: Name, Department 34.1, 1601 Bryan Street, FEDERAL DEPOSIT INSURANCE postal address, entity you are Dallas, TX 75201. CORPORATION representing (if applicable), and No comments concerning the Notice to All Interested Parties of the telephone number. You will receive an termination of this receivership will be email confirmation from us. Please be Termination of the Receivership of considered which are not sent within 10421, First Guaranty Bank and Trust prepared to show a photo identification this time frame. when you arrive. If you need assistance Company of Jacksonville, for accessibility reasons, or if you have Dated: February 29, 2016. Jacksonville, Florida any questions, contact Dale L. Aultman, Federal Deposit Insurance Corporation. Notice is hereby given that the Federal Secretary to the Farm Credit Robert E. Feldman, Deposit Insurance Corporation (‘‘FDIC’’) Administration Board, at (703) 883– Executive Secretary. as Receiver for First Guaranty Bank and 4009. The matters to be considered at [FR Doc. 2016–04661 Filed 3–2–16; 8:45 am] Trust Company of Jacksonville, the meeting are: BILLING CODE 6714–01–P Jacksonville, Florida (‘‘the Receiver’’) Open Session intends to terminate its receivership for said institution. The FDIC was A. Approval of Minutes FEDERAL DEPOSIT INSURANCE appointed receiver of First Guaranty • February 11, 2016 CORPORATION Bank and Trust Company of Jacksonville on January 27, 2012. The B. New Business Notice to All Interested Parties of the liquidation of the receivership assets • Final Rule: Capital—Tier 1/Tier 2 Termination of the Receivership of has been completed. To the extent Framework 10260 Olde Cypress Community Bank, permitted by available funds and in • Bookletter: Lending to Similar Entities Clewiston, Florida accordance with law, the Receiver will Dated: March 1, 2016. be making a final dividend payment to Dale L. Aultman, Notice is hereby given that the Federal proven creditors. Based upon the foregoing, the Secretary, Farm Credit Administration Board. Deposit Insurance Corporation (‘‘FDIC’’) Receiver has determined that the [FR Doc. 2016–04814 Filed 3–1–16; 4:15 pm] as Receiver for Olde Cypress Community Bank, Clewiston, Florida continued existence of the receivership BILLING CODE 6705–01–P (‘‘the Receiver’’) intends to terminate its will serve no useful purpose. receivership for said institution. The Consequently, notice is given that the FDIC was appointed receiver of Olde receivership shall be terminated, to be FEDERAL DEPOSIT INSURANCE Cypress Community Bank on July 16, effective no sooner than thirty days after CORPORATION 2010. The liquidation of the the date of this Notice. If any person receivership assets has been completed. wishes to comment concerning the Notice to All Interested Parties of the To the extent permitted by available termination of the receivership, such comment must be made in writing and Termination of the Receivership of funds and in accordance with law, the sent within thirty days of the date of 10504, Eastside Commercial Bank, Receiver will be making a final dividend this Notice to: Federal Deposit Conyers, Georgia payment to proven creditors. Insurance Corporation, Division of Notice is hereby given that the Federal Based upon the foregoing, the Resolutions and Receiverships, Deposit Insurance Corporation (‘‘FDIC’’) Receiver has determined that the Attention: Receivership Oversight as Receiver for Eastside Commercial continued existence of the receivership Department 32.1, 1601 Bryan Street, Bank, Conyers, Georgia (‘‘the Receiver’’) will serve no useful purpose. Dallas, TX 75201. intends to terminate its receivership for Consequently, notice is given that the No comments concerning the said institution. The FDIC was receivership shall be terminated, to be termination of this receivership will be appointed receiver of Eastside effective no sooner than thirty days after considered which are not sent within Commercial Bank on July 18, 2014. The the date of this Notice. If any person this time frame. liquidation of the receivership assets wishes to comment concerning the Dated: February 29, 2016. has been completed. To the extent termination of the receivership, such Federal Deposit Insurance Corporation. permitted by available funds and in comment must be made in writing and accordance with law, the Receiver will Robert E. Feldman, sent within thirty days of the date of Executive Secretary. be making a final dividend payment to this Notice to: Federal Deposit [FR Doc. 2016–04660 Filed 3–2–16; 8:45 am] proven creditors. Insurance Corporation, Division of BILLING CODE 6714–01–P Based upon the foregoing, the Resolutions and Receiverships, Receiver has determined that the Attention: Receivership Oversight continued existence of the receivership Department 32.1, 1601 Bryan Street, FEDERAL DEPOSIT INSURANCE will serve no useful purpose. Dallas, TX 75201. Consequently, notice is given that the CORPORATION receivership shall be terminated, to be No comments concerning the termination of this receivership will be Notice to All Interested Parties of the effective no sooner than thirty days after Termination of the Receivership of the date of this Notice. If any person considered which are not sent within this time frame. 10279 Community National Bank At wishes to comment concerning the Bartow; Bartow, Florida termination of the receivership, such Dated: February 29, 2016. comment must be made in writing and Federal Deposit Insurance Corporation. Notice is hereby given that the Federal sent within thirty days of the date of Deposit Insurance Corporation (‘‘FDIC’’) this Notice to: Federal Deposit Robert E. Feldman, as Receiver for Community National Insurance Corporation, Division of Executive Secretary. Bank At Bartow, Bartow, Florida (‘‘the Resolutions and Receiverships, [FR Doc. 2016–04658 Filed 3–2–16; 8:45 am] Receiver’’) intends to terminate its Attention: Receivership Oversight BILLING CODE 6714–01–P receivership for said institution. The

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FDIC was appointed receiver of appeals. The revised System will SUPPLEMENTARY INFORMATION: Community National Bank At Bartow on contain information that FHFA will use I. Comments August 20, 2010. The liquidation of the for tracking and responding to general receivership assets has been completed. Correspondence, Consumer Complaints, Instructions: FHFA seeks public To the extent permitted by available Congressional correspondence, and comments on the revised system of funds and in accordance with law, the inquiries to FHFA’s Ombudsman. records and will take all comments into Receiver will be making a final dividend DATES: To be assured of consideration, consideration before issuing the final payment to proven creditors. comments should be received on or notice. See 5 U.S.C. 552a(e)(4) and (11). Based upon the foregoing, the before April 4, 2016. This revised In addition to referencing ‘‘Comments/ Receiver has determined that the system of records will become effective No. 2016–N–02,’’ please reference the continued existence of the receivership on April 12, 2016 without further notice title and number of the system of will serve no useful purpose. unless comments necessitate otherwise. records your comment addresses: Consequently, notice is given that the FHFA will publish a new notice if the ‘‘Correspondence Tracking System receivership shall be terminated, to be effective date is delayed to review (FHFA–3).’’ Posting and Public Availability of effective no sooner than thirty days after comments or if changes are made based Comments: All comments received will the date of this Notice. If any person on comments received. wishes to comment concerning the be posted without change on the FHFA ADDRESSES: Submit comments to FHFA Web site at http://www.fhfa.gov, and termination of the receivership, such only once, identified by ‘‘2016–N–02,’’ comment must be made in writing and will include any personal information using any one of the following methods: provided, such as your name, address sent within thirty days of the date of • Agency Web site: www.fhfa.gov/ (home and email) telephone number this Notice to: Federal Deposit open-for-comment-or-input. Insurance Corporation; Division of • and any other information you provide. Federal eRulemaking Portal: http:// In addition, copies of all comments Resolutions and Receiverships; www.regulations.gov. Follow the Attention: Receivership Oversight received will be available for instructions for submitting comments. If examination by the public on business Department 32.1; 1601 Bryan Street; you submit your comment to the Dallas, TX 75201. days between the hours of 10 a.m. and Federal eRulemaking Portal, please also 3 p.m., at the Federal Housing Finance No comments concerning the send it by email to FHFA at termination of this receivership will be Agency, 400 7th Street SW., Washington [email protected] to ensure DC 20219. To make an appointment to considered which are not sent within timely receipt by the agency. Please this time frame. inspect comments, please call the Office include ‘‘Comments/No. 2016–N–02’’ in of General Counsel at (202) 649–3804. Dated: February 29, 2016. the subject line of the message. Federal Deposit Insurance Corporation. • Hand Delivered/Courier: The hand II. Introduction Robert E. Feldman, delivery address is: Alfred M. Pollard, This notice informs the public of Executive Secretary. General Counsel, Attention: Comments/ FHFA’s proposal to revise in its entirety [FR Doc. 2016–04659 Filed 3–2–16; 8:45 am] No. 2016–N–02, Federal Housing an existing system of records. This Finance Agency, Eight Floor, 400 7th BILLING CODE 6714–01–P notice satisfies the Privacy Act Street SW., Washington, DC 20219. The requirement that an agency publish a package should be delivered to the system of records notice in the Federal Seventh Street entrance Guard Desk, FEDERAL HOUSING FINANCE Register when there is an addition to First Floor, on business days between 9 AGENCY the agency’s system of records. It has a.m. and 5 p.m. been recognized by Congress that [No. 2016–N–02] • U.S. Mail, United Parcel Service, application of all requirements of the Federal Express, or Other Mail Service: Privacy Act to certain categories of Privacy Act of 1974; Systems of The mailing address for comments is: records may have an undesirable and Records Alfred M. Pollard, General Counsel, often unacceptable effect upon agencies AGENCY: Federal Housing Finance Attention: Comments/No. 2016–N–02, in the conduct of necessary public Agency. Federal Housing Finance Agency, business. Consequently, Congress Eighth Floor, 400 7th Street SW., ACTION: Notice of complete revision to established general exemptions and Washington, DC 20219. Please note that an existing system of records. specific exemptions that could be used all mail sent to FHFA via the U.S. Postal to exempt records from provisions of the SUMMARY: In accordance with the Service is routed through a national Privacy Act. Congress also required that requirements of the Privacy Act of 1974, irradiation facility, a process that may exempting records from provisions of as amended, 5 U.S.C. 552a (Privacy delay delivery by approximate two the Privacy Act would require the head Act), the Federal Housing Finance weeks. of an agency to publish a determination Agency (FHFA) gives notice of a See SUPPLEMENTARY INFORMATION for to exempt a record from the Privacy Act complete revision to an existing Privacy additional information on submission as a rule in accordance with the Act system of records. and posting of comments. Administrative Procedure Act. The The existing system is FOR FURTHER INFORMATION CONTACT: Director of FHFA has determined that Correspondence Tracking System Megan Moore, Special Advisor, Office of records and information in this revised (FHFA–3) and is being revised in its the Director at (202) 649–3018; or David system of records are not exempt from entirety. The system is being revised to A. Lee, Senior Agency Official for requirements of the Privacy Act. clarify and update the categories of Privacy, [email protected], (202) 649– As required by the Privacy Act, 5 individuals covered by the system, the 3803 (not toll free numbers), Federal U.S.C. 552a(r), and pursuant to categories of records in the system, and Housing Finance Agency, 400 7th Street paragraph 4c of Appendix I to OMB the purposes of the system; to reduce SW., Washington DC 20219. The Circular No. A–130, ‘‘Federal Agency the number of routine uses of the telephone number for the Responsibilities for Maintaining information; and to update where to Telecommunications Device for the Records About Individuals,’’ dated send notifications, and requests or Hearing Impaired is (800) 877–8339. February 8, 1996 (61 FR 6428, 6435

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(February 20, 1996)), FHFA has to the inquiry in a timely and accurate (5) To a court, magistrate, or other submitted a report describing the manner. administrative body in the course of revised system of records covered by presenting evidence, including ROUTINE USES OF RECORDS MAINTAINED IN THE this notice, to the Committee on disclosures to counsel or witnesses in SYSTEM, INCLUDING CATEGORIES OF USERS AND Oversight and Government Reform of THE PURPOSE OF SUCH USES: the course of civil discovery, litigation, the House of Representatives, the or settlement negotiations or in In addition to those disclosures Committee on Homeland Security and connection with criminal proceedings, generally permitted under 5 U.S.C. Governmental Affairs of the Senate, and when FHFA is a party to the proceeding 552a(b) of the Privacy Act, these records the Office of Management and Budget. or has a significant interest in the or information contained therein may The revised system of records proceeding, to the extent that the specifically be disclosed outside FHFA described above is set forth in its information is determined to be relevant as a routine use pursuant to 5 U.S.C. entirety below. and necessary. 552a(b)(3) as follows: Dated: February 25, 2016. (1) When (a) it is suspected or (6) Disclosure may be made to a Melvin L. Watt, confirmed that the security or Congressional office from the record of an individual in response to an inquiry Director, Federal Housing Finance Agency. confidentiality of information in the system of records has been from the Congressional office made at FHFA–3 compromised; (b) FHFA has determined the request of that individual. that as a result of the suspected or (7) To contractor personnel, interns, SYSTEM NAME: and others performing or working on a Correspondence Tracking System. confirmed compromise there is a risk of harm to economic or property interests, contract or project for FHFA. (8) To a regulated entity for the SECURITY CLASSIFICATION: identity theft or fraud, or harm to the purposes of responding to an inquiry or Sensitive but unclassified. security or integrity of this system or other systems or programs (whether request. SYSTEM LOCATION: maintained by FHFA or another agency (9) To another Federal agency if the Federal Housing Finance Agency, 400 or entity) that rely upon the records are relevant and necessary to 7th Street SW., Washington, DC 20219, compromised information; and (c) the carry out FHFA’s authorized functions, and any alternate work site utilized by disclosure is made to such agencies, or if the other Federal agency is the employees of the Federal Housing entities, and persons who are reasonably proper agency to respond to the Finance Agency (FHFA) or by necessary to assist in connection with individual submitting an inquiry or individuals assisting such employees. FHFA’s efforts to respond to the request to FHFA. suspected or confirmed compromise (10) To the National Archives and CATEGORIES OF INDIVIDUALS COVERED BY THE Records Administration, Office of SYSTEM: and prevent, minimize, or remedy such harm. Government Information Services An individual or entity who submits (2) Records in this system may, in the (OGIS), to the extent necessary to fulfill a request or inquiry to FHFA. This does discretion of FHFA, be disclosed to any its responsibilities in 5 U.S.C. 552(b), to not include inquiries or requests made individual during the course of any review administrative agency policies, under the Freedom of Information Act inquiry or investigation conducted by procedures and compliance with the (5 U.S.C. 552) or the Privacy Act of FHFA, or in connection with civil or Freedom of Information Act (FOIA), and 1974, as amended (5 U.S.C. 552a) which administrative litigation, if FHFA has to facilitate OGIS’ offering of mediation are covered by FHFA’s System of reason to believe that the individual to services to resolve disputes between Records Notice FHFA–13 Freedom of whom the record is disclosed may have persons making FOIA requests and Information and Privacy Act Records. further information about the matters administrative agencies. CATEGORIES OF RECORDS IN THE SYSTEM: related therein, and those matters DISCLOSURE TO CONSUMER REPORTING Contact information such as name, appeared to be relevant at the time to AGENCIES: address (home, property, mailing, and/ the subject matter of the inquiry. None. or business), telephone numbers (3) A record or information in this POLICIES AND PRACTICES FOR STORING, including cellular telephone numbers system may be disclosed to any individual with whom FHFA contracts RETRIEVING, ACCESSING, RETAINING, AND (personal and business), email (personal DISPOSING OF RECORDS IN THE SYSTEM: and business), and any other personally to reproduce, by typing, photocopy or identifiable information an individual other means, any record within this STORAGE: or entity voluntarily provides to FHFA. system for use by FHFA and its Records are maintained in electronic employees in connection with their format, paper form, and magnetic disk AUTHORITY FOR MAINTENANCE OF THE SYSTEM: official duties or to any individual who or tape. Electronic records are stored in Federal Housing Enterprises Financial is utilized by FHFA to perform clerical computerized databases. Paper and Safety and Soundness Act of 1992, as or stenographic functions relating to the magnetic disk, or tape records are stored amended (12 U.S.C. 4501 et seq.). official business of FHFA. in locked file rooms, locked file cabinets (4) To appropriate federal, state, and and/or safes. PURPOSE(S): local authorities responsible for The purpose of the system is to investigating or prosecuting a violation RETRIEVABILITY: capture and track correspondence that of, or for enforcing or implementing a Records may be retrieved by any of FHFA receives from external sources statute, rule, regulation, or order issued, the following: Name, telephone number, (the general public, Congress, FHFA when the information indicates a street address, email address, or regulated entities, other federal entities, violation or potential violation of law, assigned file number. and state and local governments). The whether civil, criminal, or regulatory in system will capture information about nature, and whether arising by general SAFEGUARDS: the sender of the correspondence and statute or particular program statute, or Records are safeguarded in a secured the nature of the correspondence. The by regulation, rule, or order issued environment. Buildings where records system will help ensure FHFA responds pursuant thereto. are stored have security cameras and 24-

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hour security guard service. EXEMPTIONS CLAIMED FOR THE SYSTEM: Estimated annual burden hours: For Computerized records are safeguarded None. 2016 surveys: FR 3066a: 43,200 hours; through use of access codes and other [FR Doc. 2016–04744 Filed 3–2–16; 8:45 am] FR 3066b: 1,000 hours; FR 3066c: 450 information technology security BILLING CODE 8070–01–P hours; FR 3066d: 600 hours. For 2017 measures. Paper records are safeguarded and 2018 surveys: FR 3066a: 1,700 by locked file rooms, locked file hours; FR 3066b: 150 hours; FR 3066d: cabinets, and/or safes. Access to the FEDERAL RESERVE SYSTEM 1,200 hours. records is restricted to those who Estimated average hours per response: require the records in the performance Agency Information Collection For 2016 surveys: FR 3066a: 32 hours; of official duties related to the purposes Activities: Announcement of Board FR 3066b: 8 hours; FR 3066c: 3 hours; for which the system is maintained. Approval Under Delegated Authority FR 3066d: 12 hours. For 2017 and 2018 and Submission to OMB surveys: FR 3066a: 10 hours; FR 3066b: RETENTION AND DISPOSAL: 5 hours; FR 3066d: 12 hours. AGENCY: Board of Governors of the Records are retained and disposed of Number of respondents: FR 3066a: in accordance with the appropriate Federal Reserve System. SUMMARY: Notice is hereby given of the 1,350; FR 3066b: 125; FR 3066c: 150; FR National Archives and Records 3066d: 50. Administration General Records final approval of a proposed information Schedules and FHFA Retention collection by the Board of Governors of General description of report: The FR Schedules. the Federal Reserve System (Board) 3066 series is broadly authorized under under OMB delegated authority. Board- sections 2A and 12A of the Federal SYSTEM MANAGER(S) AND ADDRESS: approved collections of information are Reserve Act. Section 2A requires that the Board of Governors of the Federal Office of Congressional Affairs and incorporated into the official OMB Reserve System and the Federal Open Communications, Federal Housing inventory of currently approved Market Committee (FOMC) maintain Finance Agency, 400 7th Street SW., collections of information. Copies of the long run growth of the monetary and Washington, DC 20219. Paperwork Reduction Act Submission, supporting statements and approved credit aggregates commensurate with NOTIFICATION PROCEDURES: collection of information instrument(s) the economy’s long run potential to are placed into OMB’s public docket increase production, so as to promote Direct inquiries as to whether this files. The Federal Reserve may not effectively the goals of maximum system contains a record pertaining to conduct or sponsor, and the respondent employment, stable prices, and an individual to the Privacy Act Officer. is not required to respond to, an moderate long-term interest rates (12 Inquiries may be mailed to the Privacy information collection that has been U.S.C. 225a). In addition, under section Act Officer, Federal Housing Finance extended, revised, or implemented on or 12A of the Federal Reserve Act, the Agency, 400 7th Street SW., after October 1, 1995, unless it displays FOMC is required to implement Washington, DC 20219, or electronically a currently valid OMB control number. regulations relating to the open market at http://www.fhfa.gov/AboutUs/ operations conducted by Federal FOIAPrivacy/Pages/Privacy.aspx in FOR FURTHER INFORMATION CONTACT: Reserve Banks with a view to accordance with the procedures set Federal Reserve Board Acting Clearance accommodating commerce and business forth in 12 CFR part 1204. Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of and with regard to the regulations’ RECORD ACCESS PROCEDURES: Governors of the Federal Reserve bearing upon the general credit situation System, Washington, DC 20551 (202) of the country (12 U.S.C. 263). The Direct requests for access to a record authority of the Federal Reserve to to the Privacy Act Officer. Requests may 452–3829. Telecommunications Device for the Deaf (TDD) users may contact collect economic data to carry out the be mailed to the Privacy Act Officer, requirements of these provisions is Federal Housing Finance Agency, 400 (202) 263–4869, Board of Governors of the Federal Reserve System, implicit. Accordingly, the Federal 7th Street SW., Washington, DC 20219, Reserve is generally authorized to or can be submitted electronically at Washington, DC 20551. OMB Desk Officer—Shagufta collect the information called for by the http://www.fhfa.gov/AboutUs/ Ahmed—Office of Information and FR 3066 series by sections 2A and 12A FOIAPrivacy/Pages/Privacy.aspx in Regulatory Affairs, Office of of the Federal Reserve Act. accordance with the procedures set Management and Budget, New forth in 12 CFR part 1204. In addition, the Board is responsible Executive Office Building, Room 10235, for implementing and drafting CONTESTING RECORD PROCEDURES: 725 17th Street NW., Washington, DC regulations, interpretations, and other 20503. guidance for various payments, Direct requests to contest or appeal an Final approval under OMB delegated adverse decision for a record to the consumer protection, and other laws authority of the extension for three (including provisions of the Federal Privacy Act Appeals Officer. Requests years, with revision, of the following may be mailed to the Privacy Act Reserve Act other than those cited report: above). The information obtained from Appeals Officer, Federal Housing Report title: Retail Payment Surveys. Finance Agency, 400 7th Street SW., the Federal Reserve Payments Study Agency form number: FR 3066a, b, c, may be used in support of the Board’s Washington, DC 20219, or can be and d. submitted electronically at http:// development and implementation of OMB Control number: 7100–0351. regulations, interpretations, and www.fhfa.gov/AboutUs/FOIAPrivacy/ Frequency: FR 3066a and b: Triennial supervisory guidance for these laws. Pages/Privacy.aspx in accordance with (once every three years) with an annual Therefore, the survey questions in the the procedures set forth in 12 CFR part component; FR 3066c: Triennial: and FR FR 3066 are authorized pursuant to the 1204. 3066d: Annual and on occasion. Respondents: Depository and Board’s authority under one or more of RECORD SOURCE CATEGORIES: financial institutions, payment the following statutes: Information is provided by networks, payment processors, and • Expedited Funds Availability Act individuals and entities. payment instrument issuers. section 609 (12 U.S.C. 4008)

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• Electronic Fund Transfer Act section Issuer Payments Survey (FR 3066b), the answer surveys that apply to their 904 (15 U.S.C. 1693b) and section 920 number, value and type of transactions organizations). It collects information (15 U.S.C. 1693o–2) involving credit cards (both general from a census of payment networks, • Truth In Lending Act section 105 (15 purpose and private label), debit cards, processors, and issuers. The FR 3066c U.S.C. 1604) and prepaid cards from each of the currently collects data from samples of • The Check Clearing for the 21st respondents (card networks, retail individual checks obtained from a set of Century Act section 15 (12 U.S.C. merchants, and processors). Only depository institutions. The FR 3066d is 5014) aggregate data from the surveys, such as an ad-hoc supplement to the other FR • Federal Reserve Act section 11 estimated volumes and trends in cash 3066 surveys. (Examinations and reports, usage, noncash payments, check Supervision over Reserve Banks, and distribution, and established and Current Actions: On November 25, Federal Reserve Note provisions, 12 emerging payment instruments, are 2015 the Federal Reserve published a U.S.C. 248); section 11A (Pricing of proposed to be publicly released. notice in the Federal Register (80 FR Services, 12 U.S.C. 248a); section 13 Under exemption 4 of the Freedom of 73760) requesting public comment for (FRB deposits and collections, 12 Information Act (‘‘FOIA’’), 5 U.S.C. 60 days on the extension, with revision, U.S.C. 342); and section 16 (Issuance 552(b)(4), ‘‘trade secrets and commercial of the FR 3066a, b, c, and d. The of Federal Reserve Notes, par or financial information obtained from a comment period for this notice expired clearance, and FRB clearinghouse, 12 person and privileged or confidential’’ on January 25, 2016. The Federal U.S.C. 248–1, 360, and 411) may be excluded from disclosure. The Reserve received four comment letters Additionally, depending upon the confidential business information addressing this information collection, survey respondent, the information collected voluntarily from individual which are summarized and addressed collection may be authorized under a respondents may be withheld, as release below. more specific statute. Specifically, the of such information would impair the Summary Discussion of Public Board is authorized to collect Board’s ability to collect such Comments and Responses information from state member banks information in the future. Moreover, disclosure of such confidential business under section 9 of the Federal Reserve The Federal Reserve received written Act (12 U.S.C. 324); from bank holding information could cause substantial competitive harm to the survey comments from one payment industry companies (and their subsidiaries) association, one merchant trade under section 5(c) of the Bank Holding respondents. See National Parks & Conservation Ass’n v. Morton, 498 F.2d association, one payment card network, Company Act (12 U.S.C. 1844(c)); from and one private citizen. All commenters savings and loan holding companies 765, 770 (D.C. Cir. 1974). Abstract: The FR 3066a, FR 3066b, FR supported the data collection effort, and under 12 U.S.C. 1467a(b) and 5412, 3066c, and FR 3066d are the latest noted that the information is widely from Edge and agreement corporations iteration of the Federal Reserve used by payment system participants as under sections 25 and 25A of the Payments Study (FRPS), which has been a benchmark and to gain insights into Federal Reserve Act (12 U.S.C. 602 and conducted by FRB Atlanta and the payment system trends. Commenters 625); and from U.S. branches and Board since 2000. The FRPS originated believed that providing the data agencies of foreign banks under section from a system-wide effort to improve 7(c)(2) of the International Banking Act requested in the surveys would the measurement and public availability of 1978 (12 U.S.C. 3105(c)(2)), and generally not be burdensome to of information on volumes and trends in under section 7(a) of the Federal Deposit respondents. checks and other noncash payments. Insurance Act (12 U.S.C. 1817(a)). At the Federal Reserve’s request, Despite the retail payments system’s Participation in the survey is contractors assisting with the survey critical importance in supporting voluntary. Although the Board has the design conducted industry outreach everyday commerce, there was a authority to require participation by calls to obtain comments on the clarity significant gap in quantitative state member banks, bank holding of the survey forms and the feasibility information on U.S. retail payments companies (and their subsidiaries), before 2000. The FRPS filled this gap by of providing the requested data items. savings and loan holding companies, providing a reliable and transparent Institutions represented in the calls Edge and agreement corporations, and non-mandatory survey-based approach included financial institutions, U.S. branches and agencies of foreign to collecting payments industry data on networks, and processors of several banks supervised by the Federal retail payment volumes and trends. types and sizes. Specific questions were Reserve, it has not done so. The FR 3066a currently collects not included in the initial request for Respondents to the various surveys information on the national volume public comment. are requested to report confidential (number and value) of major categories business information, such as A variety of revisions to the surveys and subcategories of established and resulted from outreach discussions with information requested in the FR 3066a emerging methods of payment from a (for depository and financial participants as well, and generally nationally representative stratified involved clarifications or restatements institutions) about the number and random sample of depository value of deposits in various customer of questions in order to address issues institutions.1 Most questions in the accounts, broken out by type; image brought up in these discussions. The surveys consist of payment and related check deposits vs. paper check deposits, detailed discussion below addresses the transactions organized as number-value ACH entries, wire transfers, debit and specific substantive issues that arose pairs. The FR 3066b currently comprises prepaid card transactions, credit card from the written comments and 15 different surveys, each specific to a transactions, mobile payments, and outreach efforts, and the Federal particular payment instrument and/or third-party fraud. The other surveys Reserve’s modifications to the surveys respondent type (respondents only request similar types of confidential in response to the comments. In addition to these modifications, minor ‘‘number and value’’ information 1 To obtain comprehensive coverage of total appropriate to the surveyed entities: national volumes the survey may also include non- clarifications would be made to the e.g., for the Network, Processor and depository financial institutions. surveys in response to the comments.

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Detailed Discussion of Public financial institution (RDFI). In order to deleted and some added based on Comments and Responses preserve comparability with past feedback received. surveys and compatibility with the In a sweeping change affecting most Depository and Financial Institution sampling and estimation methods, these surveys, a new question allowing the Payments Survey (FR 3066a) questions were retained. One comment option to select the preferred basis to The Federal Reserve proposed to suggested that surveying RDFIs would use for allocations of detailed payments collect annual 2015 data instead of one not generate reliable data. Collecting data and, separately, fraud data was month as in the 2013 version, as the information from both parties to the added. In the previous version of the resulting data can be more easily transaction should shed light on these survey, participants were asked to compared with data collected in the FR concerns and help to improve allocate details on the basis of Net, 3066b, and avoid concerns about understanding of the ACH data overall. Authorized and Settled transactions seasonal effects. While some institutions One comment requested that a ‘‘near (NAST). NAST will remain the default noted an inability to report a full real-time’’ line item be added to the selection, but participants may choose calendar year of information for some ACH section. Meanwhile, as discussed Total authorized transactions, or Net items, others reported no difficulty or above, concerns about the ability of Purchase Transactions as the basis even a reduction in burden. The survey depository institutions to respond to instead. This change is expected to will provide instructions on how to ACH questions resulted in additional substantially reduce the burden of respond when annual data is difficult to questions in the ACH section. Also, the providing details for some respondents. report, and will accommodate the related ‘‘same-day’’ settlement question Allocations between contact and reporting of best available information was removed given the de minimis contactless payments were dropped, from institutions experiencing difficulty amount of such activity known to have based on comments suggesting such reporting the full year. For example, the occurred through ACH operators in allocations would be difficult or survey will accommodate the reporting 2015. The Federal Reserve believes that, impossible to provide. of an alternative time period, indicated for the 2015 version of the survey, Revisions to the general-purpose via a notes field provided at the end of questions regarding new payment prepaid card surveys were made to each section. initiation methods remain in other parts make the data and terminology more Substantial clarifications have been of the surveys. While settlement speed consistent with the FR 3063a added throughout the surveys, based on is not currently addressed in the Government-Administered, General Use discussions with outreach participants. surveys, some alternative payment Prepaid Card Survey. These discussions led to a initiation methods, such as account-to- Some comments addressed specific comprehensive set of revisions account products that may post concerns with the ability to distinguish specifically made to clarify the surveys, relatively quickly and often settle or report certain requested items in the and thereby reduce the burden of through the ACH, are measured in other survey. Our survey process is designed response. A glossary of terms, frequently sections in 3066a and 3066b. to accommodate such concerns, and we asked questions document, user-friendly Additional comments expressed will work with participants to collect Web tools, and an 800-number help line concerns with some ACH definitions in those data participants can report. will be provided to ease response. the survey that may appear confusing. The deferred payment processor Materials will continue to be developed These definitions have been used in survey was discontinued. and clarified as necessary to help past surveys, however, and participants General-Purpose Cards facilitate response. have generally found them clear. In part, Written comments directed at the confusion about these questions may One comment requested that a 3066a primarily discussed the ACH and have stemmed from the omission of question be designed to capture net the Unauthorized Third-Party Payment some descriptive information from the chargebacks from the general-purpose Fraud sections. In particular, one posted surveys. A glossary and fuller card networks. The Federal Reserve comment argued that the institution descriptive information on these terms believes that the current question originating the payment is ‘‘in the best are published in the detailed report and ‘‘chargebacks (issuer-initiated)’’ is position to monitor and report on surveys from 2013. As in past surveys, equivalent to the requested item, and transaction volume, value, and returns.’’ the glossary and fuller descriptions of could be contrasted with the question This argument suggested that questions the questions, revised appropriately, ‘‘adjustments and returns (acquirer- about ACH debit payments should be will be provided in the complete survey initiated).’’ A more detailed collected from the perspective of the distributed to participants. examination of chargebacks is beyond originating depository financial One comment suggested adding the scope of the current surveys. institution (ODFI), or the payee’s questions about mobile debit card Another comment suggested the depository institution. In order to be routing options provided on debit cards. omission of the question to identify the responsive to this concern, questions These questions were not added in the volumes of ‘‘3-D secure’’ authentication, were added to collect ACH debits from present survey, in part because the which is typically provided by the card this perspective. In addition, to address materiality of the question has not been networks. As an alternative, the concerns with the reporting of established. Questions about the comment suggested including a variety unauthorized third-party fraud provisioning of mobile wallets are new of other types of authentication that payments, questions on the number of to the survey, and additional questions might not be tracked by or reported to returned ACH debits, along with a may be added in the future if a baseline the networks. Discussions with card breakdown of various categories of can be established. networks suggested that the ability to returns were also added from the ODFI report the use of alternative perspective. Networks, Processors, and Issuers authentication methods was not Consistent with the design of the Payments Surveys (FR 3066b) possible. The Federal Reserve will sampling and estimation methods, past Substantial clarifications have been retain this question, but notes that the surveys collected ACH debit payments added to the surveys, based on ‘‘Online Payment Authentication and related information from the discussions with outreach participants. Methods Processor’’ survey (formerly perspective of the receiving depository In addition, some questions were the ‘‘Secure Online Payment Processor

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survey) is designed to collect Mobile Wallet Garland, Texas; Charles S. Leis, Eagle, information on such other A comment requested clarity with Idaho, Stephen T. Leis, Kihie, Hawaii, authentication methods. respect to the definition of a remote and Edward B. Tomlinson, II, Rowlett, Another comment addressed concerns mobile transaction. Across all surveys, a Texas, as trustees and in their about the collection of information on remote payment is one in which the individual capacity; and Stanley B. Leis, the ‘‘tokenization’’ of payments from payment transaction is performed Eagle, Idaho; to retain voting shares of card networks. Such solutions can be remotely, regardless of where or how Texas Brand Bancshares, Inc., and implemented in various ways by parties the good or service is obtained. In an therefore indirectly retain additional to the transaction. It would be difficult example with a remote card voting shares of Texas Brand Bank, both to comprehensively measure the variety preauthorization, but with a payment of Garland, Texas. of tokenization schemes being used. The made in person, the survey definition is Board of Governors of the Federal Reserve Federal Reserve believes it is important that the payment is an in-person System, February 26, 2016. to collect information from survey payment. respondents that is feasible, even when A comment suggested breaking out Michael J. Lewandowski, the universe of competing methods fraudulent mobile wallet transactions Associate Secretary of the Board. cannot be measured in the survey. into person-present and remote [FR Doc. 2016–04622 Filed 3–2–16; 8:45 am] Given that the surveys sometimes categories. This requested breakout was BILLING CODE 6210–01–P collect partial information, it is added to the final proposed survey. important to recognize any limitations A comment suggested tracking the on new and emerging trends, especially number of fraudulently provisioned FEDERAL RESERVE SYSTEM at the analysis and reporting stages. cards to mobile wallets. The Federal A comment suggested collecting Reserve does not know how such a Change in Bank Control Notices; ‘‘counterfeit’’ fraud for remote question should fit into the present Acquisitions of Shares of a Bank or payments. The survey collects survey framework at this time, but Bank Holding Company counterfeit card fraud, which, according believes that information on the number to card network definitions, means that of fraudulent mobile wallet transactions The notificants listed below have a fake version of the card is created and may serve as a useful alternative applied under the Change in Bank used at a merchant’s point-of-sale card measure. Control Act (12 U.S.C. 1817(j)) and terminal, an in-person situation. Remote Board of Governors of the Federal Reserve § 225.41 of the Board’s Regulation Y (12 payment fraud is classified by the card System, February 29, 2016. CFR 225.41) to acquire shares of a bank networks as an ‘‘unauthorized use of Robert deV. Frierson, or bank holding company. The factors account number.’’ The Federal Reserve Secretary of the Board. that are considered in acting on the notices are set forth in paragraph 7 of believes this definition will capture the [FR Doc. 2016–04654 Filed 3–2–16; 8:45 am] type of fraud requested in the comment. the Act (12 U.S.C. 1817(j)(7)). BILLING CODE 6210–01–P A comment requested some detail on The notices are available for mobile wallet provisioning. As mobile immediate inspection at the Federal wallet questions are new for this survey, FEDERAL RESERVE SYSTEM Reserve Bank indicated. The notices the Federal Reserve will not expand also will be available for inspection at mobile wallet questions until a baseline Change in Bank Control Notices; the offices of the Board of Governors. can be established. Acquisitions of Shares of a Bank or Interested persons may express their Bank Holding Company Private-Label Cards views in writing to the Reserve Bank The notificants listed below have indicated for that notice or to the offices One comment requested the addition applied under the Change in Bank of the Board of Governors. Comments of questions on the number of cards in Control Act (12 U.S.C. 1817(j)) and must be received not later than March force with multi-factor authentication § 225.41 of the Board’s Regulation Y (12 18, 2016. mechanisms. The revised survey CFR 225.41) to acquire shares of a bank A. Federal Reserve Bank of Kansas includes a question on the use of chips or bank holding company. The factors City (Dennis Denney, Assistant Vice for private-label cards for the first time. that are considered in acting on the Additional questions may be considered President) 1 Memorial Drive, Kansas notices are set forth in paragraph 7 of City, Missouri 64198–0001: once a baseline is established. the Act (12 U.S.C. 1817(j)(7)). 1. Andrew R. Clements and Aaron M. EBT The notices are available for immediate inspection at the Federal Clements, both of Elmwood, Nebraska; A comment suggested collecting Reserve Bank indicated. The notices to become members of the Clements additional detail on authentication also will be available for inspection at Family control group and to acquire methods used for EBT payments. The the offices of the Board of Governors. voting shares of American Exchange Federal Reserve believes that EBT Interested persons may express their Company, and thereby indirectly payments are almost exclusively PIN views in writing to the Reserve Bank acquire voting shares of American authenticated. Past survey efforts have indicated for that notice or to the offices Exchange Bank, both in Elmwood, not been successful in obtaining much of the Board of Governors. Comments Nebraska. detail underlying EBT payments, and must be received not later than March Board of Governors of the Federal Reserve the survey detail already requested may 17, 2016. System, February 29, 2016. be difficult to obtain. No additional A. Federal Reserve Bank of Dallas questions concerning authentication (Robert L. Triplett III, Senior Vice Michael J. Lewandowski, methods will be added at this time. If President) 2200 North Pearl Street, Associate Secretary of the Board. the situation improves, the Federal Dallas, Texas 75201–2272: [FR Doc. 2016–04666 Filed 3–2–16; 8:45 am] Reserve will seek to collect additional 1. Leis Family Group comprised of BILLING CODE 6210–01–P relevant detail in the future. The Revocable Trust of Dorvin D. Leis,

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DEPARTMENT OF HEALTH AND individuals applying for and receiving interfaces and an on-line system for the HUMAN SERVICES Federal benefits. Section 7201 of the verification of eligibility. Omnibus Budget Reconciliation Act of The Computer Matching and Privacy Centers for Medicare & Medicaid 1990 (Pub. L. 101–508) further amended Protection Act of 1988 (CMPPA) (Pub. L. Services the Privacy Act regarding protections for 100–503), amended the Privacy Act (5 such individuals. The Privacy Act, as U.S.C. 552a) requires the parties Privacy Act of 1974; CMS Computer amended, regulates the use of computer participating in a matching program to Match No. 2016–11; HHS Computer matching by Federal agencies when execute a written agreement specifying Match No. 1601; Effective Date—April records in a system of records are the terms and conditions under which 2, 2016; Expiration Date—October 2, matched with other Federal, state, or the matching will be conducted. CMS 2017 local government records. It requires has determined that status verification AGENCY: Centers for Medicare & Federal agencies involved in computer checks to be conducted by the Medicaid Services (CMS), Department matching programs to: Federally-facilitated Exchange (FFE), of Health and Human Services (HHS). 1. Negotiate written agreements with and State-based Administering Entities the other agencies participating in the using the data transmitted through the ACTION: Notice of computer matching matching programs; program. CMS Federal Data Services Hub 2. Obtain the Data Integrity Board constitute a ‘‘computer matching SUMMARY: In accordance with the approval of the match agreements; program’’ as defined in the CMPPA. requirements of the Privacy Act of 1974, 3. Furnish detailed reports about PURPOSE(S) OF THE MATCHING PROGRAM: as amended, this notice announces the matching programs to Congress and establishment of a computer matching OMB; The purpose of the Computer program that CMS plans to conduct 4. Notify applicants and beneficiaries Matching Agreement is to establish the with the State-based Administering that their records are subject to terms, conditions, safeguards, and Entities. matching; and, procedures under which CMS will 5. Verify match findings before disclose certain information to State- DATES: Comments are invited on all reducing, suspending, terminating, or based Administering Entities in portions of this notice. Submit public denying an individual’s benefits or accordance with the Patient Protection comments on or before April 1, 2016. payments. and Affordable Care Act of 2010 (Pub. The computer matching program will This matching program meets the L. 111–148), as amended by the Health become effective no sooner than 40 days requirements of the Privacy Act of 1974, Care and Education Reconciliation Act after the report of the computer as amended. (Pub. L. 111–152), which are referred to matching program is sent to the Office Walter Stone, collectively as the Affordable Care Act of Management and Budget (OMB) and (ACA), amendments to the Social copies of the agreement are sent to CMS Privacy Officer, Centers for Medicare & Medicaid Services. Security Act made by the ACA, and the Congress, or 30 days after publication in implementing regulations. The the Federal Register, whichever is later. CMS Computer Match No. 2016–11 Administering Entities will use the data, ADDRESSES: The public should send HHS Computer Match No. 1601 accessed through the Hub, to make comments to: CMS Privacy Officer, eligibility determinations for enrollment Name: ‘‘Computer Matching Division of Security, Privacy Policy and in an applicable State health subsidy Agreement between the Department of Governance, Information Security and program. This Computer Matching Health and Human Services, Centers for Privacy Group, Office of Enterprise Agreement also establishes the terms, Medicare & Medicaid Services and the Information, CMS, Room N1–24–08, conditions, safeguards, and procedures State-Based Administering Entities for 7500 Security Boulevard, Baltimore, under which State Medicaid/CHIP Determining Eligibility for Enrollment Maryland 21244–1850. Comments agencies shall provide data to CMS (as in Applicable State Health Subsidy received will be available for review at the Federally-facilitated Marketplace Programs under the Patient Protection this location, by appointment, during (FFM)), State-based Marketplaces and Affordable Care Act.’’ regular business hours, Monday through (SBMs) and BHPs to verify whether an Friday from 9:00 a.m.–3:00 p.m., Eastern SECURITY CLASSIFICATION: applicant or enrollee who has submitted Time zone. Unclassified. an application to the FFM or a SBM has FOR FURTHER INFORMATION CONTACT: current eligibility or enrollment in a Elizabeth Kane, Acting Director, PARTICIPATING AGENCIES: Medicaid/CHIP program. Verifications Policy & Operations Department of Health and Human Services (HHS), Centers for Medicare & DESCRIPTION OF RECORDS TO BE USED IN THE Division, Eligibility and Enrollment MATCHING PROGRAM: Policy and Operations Group, Center for Medicaid Services (CMS), and the State- Consumer Information and Insurance Based Administering Entities. This computer matching program will Oversight, CMS, 7501 Wisconsin be conducted with data maintained by AUTHORITY FOR CONDUCTING MATCHING CMS in the Health Insurance Exchanges Avenue, Bethesda, MD 20814, Office PROGRAM: Phone: (301) 492–4418, Facsimile: (443) Program, CMS System No. 09–70–0560, Sections 1411 and 1413 of the Patient as amended. The system is described in 380–5531, Email: Protection and Affordable Care Act of [email protected]. the System of Records Notice published 2010 (Pub. L. 111–148), as amended by at 78 FR 63211 (Oct. 23, 2013). SUPPLEMENTARY INFORMATION: The the Health Care and Education Computer Matching and Privacy Reconciliation Act of 2010 (Pub. L. 111– INCLUSIVE DATES OF THE MATCH: Protection Act of 1988 (Pub. L. 100– 152) (collectively, the ACA) require the The matching program will become 503), amended the Privacy Act (5 U.S.C. Secretary of HHS to establish a program effective no sooner than 40 days after 552a) by describing the manner in for applying for and determining the report of the matching program is which computer matching involving eligibility for enrollment in applicable sent to the Office of Management and Federal agencies could be performed State health subsidy programs and Budget and copies of the agreement are and adding certain protections for authorizes the use of secure, electronic sent to Congress, or 30 days after

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publication in the Federal Register, Phone: (301) 492–4418, Facsimile: (443) Department of Veterans Affairs, whichever is later. The matching 380–5531, E-Mail: Elizabeth.Kane@ Veterans Health Administration. program will continue for 18 months cms.hhs.gov. AUTHORITY FOR CONDUCTING MATCHING from the effective date and may be SUPPLEMENTARY INFORMATION: The PROGRAM: extended for an additional 12 months Computer Matching and Privacy Sections 1411 and 1413 of the Patient thereafter, if certain conditions are met. Protection Act of 1988 (Pub. L. 100– Protection and Affordable Care Act of [FR Doc. 2016–04732 Filed 3–2–16; 8:45 am] 503), amended the Privacy Act (5 U.S.C. 2010 (Pub. L. 111–148), as amended by BILLING CODE 4120–03–P 552a) by describing the manner in the Health Care and Education which computer matching involving Reconciliation Act of 2010 (Pub. L. 111– Federal agencies could be performed 152) (collectively, the ACA) require the DEPARTMENT OF HEALTH AND and adding certain protections for Secretary of HHS to establish a program HUMAN SERVICES individuals applying for and receiving for applying for and determining Federal benefits. Section 7201 of the eligibility for applicable State health Centers for Medicare & Medicaid Omnibus Budget Reconciliation Act of subsidy programs and authorize the use Services 1990 (Pub. L. 101–508) further amended of secure, electronic interfaces and an [CMS Computer Match No. 2016–08; HHS the Privacy Act regarding protections for on-line system for the verification of Computer Match No. 1605] such individuals. The Privacy Act, as eligibility. amended, regulates the use of computer The Computer Matching and Privacy Privacy Act of 1974; Effective Date— matching by Federal agencies when Protection Act of 1988 (CMPPA) (Pub. L. April 2, 2016; Expiration Date—October records in a system of records are 100–503), amended the Privacy Act (5 2, 2017 matched with other Federal, state, or U.S.C. 552a) and requires the parties AGENCY: Centers for Medicare & local government records. It requires participating in a matching program to Medicaid Services (CMS), Department Federal agencies involved in computer execute a written agreement specifying of Health and Human Services (HHS) matching programs to: the terms and conditions under which 1. Negotiate written agreements with the matching will be conducted. CMS ACTION: Notice of Computer Matching the other agencies participating in the has determined that status verification Program. matching programs; checks to be conducted by the CMS SUMMARY: In accordance with the 2. Obtain the Data Integrity Board Federal Data Services Hub and requirements of the Privacy Act of 1974, approval of the match agreements; Federally-facilitated Exchange using the as amended, this notice announces the 3. Furnish detailed reports about data source provided to CMS by VHA establishment of a computer matching matching programs to Congress and constitute a ‘‘computer matching program that CMS plans to conduct OMB; program’’ as defined in the CMPPA. with the Department of Veterans Affairs, 4. Notify applicants and beneficiaries PURPOSE(S) OF THE MATCHING PROGRAM: Veterans Health Administration (VHA). that their records are subject to The purpose of the Computer DATES: Effective Dates: Comments are matching; and, Matching Agreement is to establish the invited on all portions of this notice. 5. Verify match findings before terms, conditions, safeguards, and Submit public comments on or before reducing, suspending, terminating, or procedures under which the VHA will April 1, 2016. This computer matching denying an individual’s benefits or provide records, information, or data to program will become effective no sooner payments. CMS for verifying eligibility for than 40 days after the report of the This matching program meets the minimum essential coverage through a computer matching program is sent to requirements of the Privacy Act of 1974, Veterans Health Care Program. A the Office of Management and Budget as amended. Veterans Health Care Program (OMB) and copies of the agreement are Walter D. Stone, constitutes minimum essential coverage sent to Congress, or 30 days after CMS Privacy Officer, Centers for Medicare as defined in Section 5000A(f) of the publication in the Federal Register, & Medicaid Services. Internal Revenue Code of 1986, 26 whichever is later. U.S.C. 5000A, as amended by § 1501 of CMS Computer Match No. 2016–07 ADDRESSES: The public should send the ACA. The VHA data will be used by (1) CMS in its capacity as a Federally- comments to: CMS Privacy Officer, HHS Computer Match No. 1605 Division of Security, Privacy Policy and facilitated Exchange and the Federal Governance, Information Security and Name: ‘‘Computer Matching eligibility and enrollment platform, and Privacy Group, Office of Enterprise Agreement between the Department of (2) agencies administering applicable Information, CMS, Room N1–24–08, Health and Human Services, Centers for State health subsidy programs. These 7500 Security Boulevard, Baltimore, Medicare & Medicaid Services and the entities will receive the results of Maryland 21244–1850. Comments Department of Veterans Affairs, verifications using information received received will be available for review at Veterans Health Administration for the by CMS through the CMS Federal Data this location, by appointment, during Verification of Eligibility for Minimum Services Hub from Applicants and regular business hours, Monday through Essential Coverage under the Patient Enrollees that will be matched with the Friday from 9:00 a.m.–3:00 p.m., Eastern Protection and Affordable Care Act VHA data. Time zone. through a Veterans Health Administration Health Benefits Plan.’’ DESCRIPTION OF RECORDS TO BE USED IN THE FOR FURTHER INFORMATION CONTACT: MATCHING PROGRAM: Elizabeth Kane, Acting Director, SECURITY CLASSIFICATION: The computer matching program will Verifications Policy & Operations Unclassified. be conducted with data maintained by Division, Eligibility and Enrollment CMS in the Health Insurance Exchanges Policy and Operations Group, Center for PARTICIPATING AGENCIES: Program, CMS System No. 09–70–0560, Consumer Information and Insurance Department of Health and Human as amended. The system is described in Oversight, CMS, 7501 Wisconsin Services (HHS), Centers for Medicare & System of Records Notice published at Avenue, Bethesda, MD 20814, Office Medicaid Services (CMS), and the 78 FR 63211 (Oct. 23, 2013).

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The computer matching program also ADDRESSES: The public should send This computer matching program will be conducted with data maintained comments to: CMS Privacy Officer, meets the requirements of the Privacy in a VHA system of records. The VHA Division of Security, Privacy Policy and Act of 1974, as amended. system of records for this matching Governance, Information Security and Walter Stone, program is titled ‘‘Enrollment and Privacy Group, Office of Enterprise Eligibility Records (VA) (147VA16); CMS Privacy Officer, Centers for Medicare Information, CMS, Room N1–24–08, & Medicaid Services. published at 74 FR 44901 (August 31, 7500 Security Boulevard, Baltimore, 2009) under Routine Use #14; and the Maryland 21244–1850. Comments CMS Computer Match No. 2016–07 Health Administration Center Civilian received will be available for review at Health Medical Record—VA HHS Computer Match No. 1602 this location, by appointment, during (CHAMPVA) (54VA16) using routine regular business hours, Monday through Name: ‘‘Computer Matching use No. 25, and Spina Bifida Healthcare Agreement between the Department of Program published at 74 FR 34398 (July Friday from 9:00 a.m.–3:00 p.m., Eastern Time zone. Health and Human Services, Centers for 15, 2009) using routine use No. 13. Medicare & Medicaid Services and the FOR FURTHER INFORMATION CONTACT: INCLUSIVE DATES OF THE MATCH: Department of Defense, Defense Elizabeth Kane, Acting Director, This computer matching program will Manpower Data Center, for Verification become effective no sooner than 40 days Verifications Policy & Operations of Eligibility For Minimum Essential after the report of the computer Division, Eligibility and Enrollment Coverage Under The Patient Protection matching program is sent to the Office Policy and Operations Group, Center for And Affordable Care Act Through a of Management and Budget and copies Consumer Information and Insurance Department of Defense Health Benefits of the agreement are sent to Congress, or Oversight, CMS, 7501 Wisconsin Plan.’’ Avenue, Bethesda, MD 20814, Office 30 days after publication in the Federal SECURITY CLASSIFICATION: Register, whichever is later. The Phone: (301) 492–4418, Facsimile: (443) Unclassified. matching program will continue for 18 380–5531, E-Mail: Elizabeth.Kane@ months from the effective date and may cms.hhs.gov. PARTICIPATING AGENCIES: be extended for an additional 12 months Department of Health and Human SUPPLEMENTARY INFORMATION: The thereafter, if certain conditions are met. Services (HHS), Centers for Medicare & Computer Matching and Privacy [FR Doc. 2016–04735 Filed 3–2–16; 8:45 am] Medicaid Services (CMS), and the Protection Act of 1988 (Pub. L. 100– BILLING CODE 4120–03–P Department of Defense (DoD), Defense 503), amended the Privacy Act (5 U.S.C. Manpower Data Center (DMDC). 552a) by describing the manner in DEPARTMENT OF HEALTH AND which computer matching involving AUTHORITY FOR CONDUCTING MATCHING HUMAN SERVICES Federal agencies could be performed PROGRAM: and adding certain protections for Sections 1411 and 1413 of the Patient Centers for Medicare & Medicaid individuals applying for and receiving Protection and Affordable Care Act of Services Federal benefits. Section 7201 of the 2010 (Pub. L. 111–148), as amended by Omnibus Budget Reconciliation Act of the Health Care and Education Privacy Act of 1974; CMS Computer 1990 (Pub. L. 101–508) further amended Reconciliation Act of 2010 (Pub. L. 111– Match No. 2016–07; HHS Computer 152) (collectively, the ACA) require the Match No. 1602; Effective Date—April the Privacy Act regarding protections for such individuals. The Privacy Act, as Secretary of HHS to establish a program 2, 2016; Expiration Date—October 2, for applying for and determining 2017 amended, regulates the use of computer matching by Federal agencies when eligibility for applicable State health AGENCY: Centers for Medicare & records in a system of records are subsidy programs and authorize the use Medicaid Services (CMS), Department matched with other Federal, state, or of secure, electronic interfaces and an of Health and Human Services (HHS). local government records. It requires on-line system for the verification of eligibility. ACTION: Notice of Computer Matching Federal agencies involved in computer The Computer Matching and Privacy Program. matching programs to: Protection Act of 1988 (CMPPA) (Pub. L. SUMMARY: In accordance with the 1. Negotiate written agreements with 100–503), amended the Privacy Act (5 requirements of the Privacy Act of 1974, the other agencies participating in the U.S.C. 552a) and requires the parties as amended, this notice announces the matching programs; participating in a matching program to establishment of a computer matching 2. Obtain the Data Integrity Board execute a written agreement specifying program that CMS plans to conduct approval of the match agreements; the terms and conditions under which with the Defense Enrollment Eligibility the matching will be conducted. CMS Reporting System (DEERS), Defense 3. Furnish detailed reports about has determined that status verification Manpower Data Center (DMDC), matching programs to Congress and checks to be conducted by the CMS Department of Defense (DoD). OMB; Federal Data Services Hub and DATES: Comments are invited on all 4. Notify applicants and beneficiaries Federally-facilitated Exchange using the portions of this notice. Submit public that their records are subject to data source provided to CMS by DoD comments on or before April 1, 2016. matching; and, constitute a ‘‘computer matching This computer matching program will program’’ as defined in the CMPPA. become effective no sooner than 40 days 5. Verify match findings before after the report of the computer reducing, suspending, terminating, or PURPOSE(S) OF THE MATCHING PROGRAM: matching program is sent to the Office denying an individual’s benefits or The purpose of the Computer of Management and Budget (OMB) and payments. Matching Agreement is to establish the copies of the agreement are sent to terms, conditions, safeguards, and Congress, or 30 days after publication in procedures under which the DoD will the Federal Register, whichever is later. provide records, information, or data to

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CMS for verifying eligibility for ACTION: Notice. commonclinicaldataset_ml_11-4- minimum essential coverage through a 15.pdf) TRICARE Health Care Program. A SUMMARY: Like the Consumer Health • Verified compatibility with different TRICARE Health Care Program Data Aggregator Challenge, the Provider health IT developer systems constitutes minimum essential coverage User-Experience Challenge incents the implemented in production settings, 1 as defined in Section 5000A(f) of the development of applications for health of which must be from the top 10 Internal Revenue Code of 1986, 26 care providers that use open, systems measured by Meaningful Use U.S.C. 5000A, as amended by § 1501 of standardized APIs to enable innovative attestation per HealthIT.gov. Apps the ACA. The DoD data will be used by ways for providers to interact with must be integrated with a minimum of (1) CMS in its capacity as a Federally- patient health data. This challenge will 3 unique health IT developer systems facilitated Exchange and the Federal focus on demonstrating how data made in 2 unique provider settings eligibility and enrollment platform, and accessible to apps through Application • Has been tested with patients and (2) agencies administering applicable Programming Interfaces (APIs) can used in production settings State health subsidy programs. These positively impact providers’ experience • Available to providers through at least entities will receive the results of with EHRs by making clinical one of the following modes: Direct verifications using information received workflows more intuitive, specific to from Web, iOS Store, or Android by CMS through the CMS Federal Data clinical specialty, and actionable. The stores statutory authority for this challenge Services Hub from Applicants and Phase 1 Enrollees that will be matched with the competition is Section 105 of the DoD data. America COMPETES Reauthorization Participants interested in competing Act of 2010 (Pub. L. 111–358). for Phase 1 awards will need to submit DESCRIPTION OF RECORDS TO BE USED IN THE DATES: an app development plan that must MATCHING PROGRAM: include: This computer matching program will Phase 1 • Mockup/wireframes be conducted with data maintained by • Challenge launch: March 1, 2016 • Technical specifications, including CMS in the Health Insurance Exchanges • Submissions due: May 30 but not limited to planned data • Program, CMS System No. 09–70–0560, Evaluation period: May 31–June 28 sources, system architecture • as amended. The system is described in Phase 1 winners announced: June 30 • Business/sustainability plan • Provider partnership System of Records Notice published at Phase 2 78 FR 63211 (Oct. 23, 2013). To augment technical development • Submission period begins: May 31 This computer matching program will and enhance the likelihood of a • Submissions due: November 7 also be conducted with data maintained • successful app that will continue to Evaluation period: November 14– exist beyond the end of the challenge, in the Defense Enrollment Eligibility December 14 Reporting Systems (DEERS), System No. • a progress update/matchmaking event Phase 2 winners announced: will be held that will seek to connect DMDC 02 DoD, published November 04, December 15, 2016 2015, 80 FR 68304, located at the DISA participants with provider partners. Up FOR FURTHER INFORMATION CONTACT: DECC Columbus in Columbus, OH. to five app proposals will be recognized Adam Wong, [email protected] Routine Use 6f supports DoD’s as winners and awarded up to $15,000 (preferred), 202–720–2866. disclosure to CMS. each. SUPPLEMENTARY INFORMATION: Phase 2 INCLUSIVE DATES OF THE MATCH: Award Approving Official This computer matching program will The second phase will entail the become effective no sooner than 40 days Karen DeSalvo, National Coordinator actual development of the apps, after the report of the computer for Health Information Technology. verification of technical capabilities, user testing/piloting, and public release matching program is sent to the Office Subject of Challenge Competition of Management and Budget and copies of the apps. This will include remote The Provider User-Experience of the agreement are sent to Congress, or testing with providers and health IT Challenge is intended to spur 30 days after publication in the Federal developers to test the technical abilities development of third-party applications Register, whichever is later. The of the apps to connect to in-production for use by clinicians and use FHIR to matching program will continue for 18 systems. Participants will submit: pull various patient health data into a • months from the effective date and may Working prototype of the app dashboard. The challenge has two • be extended for an additional 12 months Video demonstrating the app phases—the first requiring submission thereafter, if certain conditions are met. (maximum of 5 minutes, on YouTube of technical and business plans for the or Vimeo) [FR Doc. 2016–04734 Filed 3–2–16; 8:45 am] application (app), the second a working • Slide deck describing app (maximum BILLING CODE 4120–03–P app that is available for providers. Phase of 10 slides) 2 of the competition will not be limited The grand prize winner will receive to only those who won Phase 1—all $50,000 and a second place winner will DEPARTMENT OF HEALTH AND Phase 1 competitors, and those who did receive $25,000. There will be an HUMAN SERVICES not participate in Phase 1, can submit a additional $25,000 prize for the app that Office of the National Coordinator for final app at the end of Phase 2. connects to the greatest number of Health Information Technology; The final application must meet the unique health IT developer systems Announcement of Requirements and following requirements: implemented in production settings, • Registration for ‘‘Provider User- Uses FHIR Draft Standard for which can be won by the grand or 2nd Experience Challenge’’ Technical Use 2 (DSTU2) place winner. • Aggregate all data as specified in the Eligibility Rules for Participating in AGENCY: Office of the National 2015 Edition Common Clinical Data the Competition: To be eligible to win Coordinator for Health Information Set (Data column in https://www. a prize under this challenge, an Technology, HHS. healthit.gov/sites/default/files/ individual or entity:

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1. Shall have registered to participate 2. Functionality/Accuracy—A Administrator a limited, non-exclusive, in the competition under the rules product may be disqualified if it fails to royalty-free, worldwide license and promulgated by the Office of the function as expressed in the description right to reproduce, publically perform, National Coordinator for Health provided by the user, or if it provides publically display, and use the Information Technology. inaccurate or incomplete information. Submission to the extent necessary to 2. Shall have complied with all the 3. Security—Submissions must be free administer the challenge, and to requirements under this section. of malware. Contestant agrees that ONC publically perform and publically 3. In the case of a private entity, shall may conduct testing on the product to display the Submission, including, be incorporated in and maintain a determine whether malware or other without limitation, for advertising and primary place of business in the United security threats may be present. ONC promotional purposes relating to the States, and in the case of an individual, may disqualify the product if, in ONC’s challenge. whether participating singly or in a judgment, the app may damage Authority: 15 U.S.C. 3719. group, shall be a citizen or permanent government or others’ equipment or resident of the United States. operating environment. Dated: February 23, 2016. 4. May not be a Federal entity or Registration Process for Participants: Karen DeSalvo, Federal employee acting within the To register for this Challenge, National Coordinator for Health Information scope of their employment. participants can access http:// Technology. 5. Shall not be an HHS employee www.challenge.gov and search for [FR Doc. 2016–04466 Filed 3–1–16; 11:15 am] working on their applications or ‘‘Provider User-Experience Challenge.’’ BILLING CODE 4150–45–P submissions during assigned duty Prize hours. • DEPARTMENT OF HEALTH AND 6. Shall not be an employee of the Phase 1: Up to 5 winners each receive HUMAN SERVICES Office of the National Coordinator for up to $15,000. • Phase 2: One final winner receives Health IT. Office of the National Coordinator for 7. Federal grantees may not use $50,000; 2nd place receives $25,000; and an additional $25,000 connector Health Information Technology; Federal funds to develop COMPETES Announcement of Requirements and Act challenge applications unless prize. • Total: Up to $175,000 in prizes. Registration for ‘‘Consumer Health consistent with the purpose of their Data Aggregator Challenge’’ grant award. Payment of the Prize: Prize will be 8. Federal contractors may not use paid by contractor. AGENCY: Office of the National Basis Upon Which Winner Will Be Federal funds from a contract to develop Coordinator for Health Information Selected: The review panel will make COMPETES Act challenge applications Technology, HHS. selections based upon the following or to fund efforts in support of a ACTION: Notice. criteria: COMPETES Act challenge submission. An individual or entity shall not be Phase 1 SUMMARY: The Consumer Health Data Aggregator Challenge is intended to deemed ineligible because the • Technical feasibility of plan, spur the development of third-party, individual or entity used Federal including number of EHR sources facilities or consulted with Federal consumer-facing applications that use targeted. open, standardized Application employees during a competition if the • Adherence to data privacy and facilities and employees are made Programming Interfaces (APIs) to help security best practices. consumers aggregate their data in one available to all individuals and entities • Strength of business/sustainability participating in the competition on an place and under their control. This plan. challenge will focus on solving the equitable basis. • Impact potential in clinical setting. problem that many consumers have Entrants must agree to assume any • Provider and/or health IT developer today—the ability to easily and and all risks and waive claims against partnerships. the Federal Government and its related electronically access their health data entities, except in the case of willful Phase 2 from different health care providers using a variety of different health IT misconduct, for any injury, death, • Number, sources, and types of data damage, or loss of property, revenue, or systems. aggregation using FHIR. The statutory authority for this profits, whether direct, indirect, or • Functionality and quality of data challenge competition is Section 105 of consequential, arising from my aggregation. the America COMPETES participation in this prize contest, • Privacy and security of patient data. Reauthorization Act of 2010 (Pub. L. whether the injury, death, damage, or • Impact potential in clinical setting. 111–358). loss arises through negligence or • User experience and visual appeal. otherwise. DATES: Additional Information Entrants must also agree to indemnify Phase 1 the Federal Government against third General Conditions: ONC reserves the • Challenge launch: March 1, 2016 right to cancel, suspend, and/or modify party claims for damages arising from or • Submissions due: May 30 related to competition activities. the Contest, or any part of it, for any • Evaluation period: May 31–June 28 reason, at ONC’s sole discretion. • Phase 1 winners announced: June 30 Submission Requirements Intellectual Property: Each entrant In order for a submission to be eligible retains title and full ownership in and Phase 2 to win this Challenge, it must meet the to their submission. Entrants expressly • Submission period begins: May 31 following requirements: reserve all intellectual property rights • Submissions due: November 7 1. No HHS or ONC logo—The product not expressly granted under the • Evaluation period: November 14– must not use HHS’ or ONC’s logos or challenge agreement. By participating in December 14 official seals and must not claim the challenge, each entrant hereby • Phase 2 winners announced: endorsement. irrevocably grants to Sponsor and December 15, 2016

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FOR FURTHER INFORMATION CONTACT: to five app proposals will be recognized An individual or entity shall not be Adam Wong, [email protected] as winners and awarded up to $15,000 deemed ineligible because the (preferred), 202–720–2866. each. individual or entity used Federal facilities or consulted with Federal SUPPLEMENTARY INFORMATION: Phase 2 employees during a competition if the Award Approving Official The second phase will entail the facilities and employees are made Karen DeSalvo, National Coordinator actual development of the apps, available to all individuals and entities for Health Information Technology. verification of technical capabilities, participating in the competition on an user testing/piloting, and public release equitable basis. Subject of Challenge Competition of the apps. This will include remote Entrants must agree to assume any The Consumer Health Data Aggregator testing with providers and health IT and all risks and waive claims against Challenge is intended to spur developers to test the technical abilities the Federal Government and its related development of third-party applications of the apps to connect to in-production entities, except in the case of willful for consumers that use FHIR to pull systems. Participants will submit: misconduct, for any injury, death, their health data into one place. The • Working prototype of the app damage, or loss of property, revenue, or challenge has two phases. Phase 1 • Video demonstrating the app profits, whether direct, indirect, or requires the submission of technical and (maximum of 5 minutes, on YouTube consequential, arising from my business plans for the application (app) or Vimeo) participation in this prize contest, while Phase 2 requires that a working • Slide deck describing app (maximum whether the injury, death, damage, or app be available for consumers. Phase 2 of 10 slides) loss arises through negligence or of the competition will not be limited to The grand prize winner will receive otherwise. only those who won Phase 1—all Phase $50,000 and a second place winner will Entrants must also agree to indemnify 1 competitors, and those who did not receive $25,000. There will be an the Federal Government against third participate in Phase 1, can submit a additional $25,000 prize for the app that party claims for damages arising from or final app at the end of Phase 2. connects to the greatest number of related to competition activities. The final application must meet the unique health IT developer systems following requirements: Submission Requirements • implemented in production settings, Uses FHIR Draft Standard for which can be won by the grand or 2nd In order for a submission to be eligible Technical Use 2 (DSTU2). • place winner. to win this Challenge, it must meet the Aggregate all data as specified in following requirements: the 2015 Edition Common Clinical Data Eligibility Rules for Participating in the 1. No HHS or ONC logo—The product Set (Data column in https:// Competition must not use HHS’ or ONC’s logos or www.healthit.gov/sites/default/files/ To be eligible to win a prize under official seals and must not claim commonclinicaldataset_ml_11-4- this challenge, an individual or entity: endorsement. 15.pdf). 1. Shall have registered to participate • 2. Functionality/Accuracy—A Verified compatibility with in the competition under the rules different health IT developer systems product may be disqualified if it fails to promulgated by the Office of the function as expressed in the description implemented in production settings, 1 National Coordinator for Health of which must be from the top 10 provided by the user, or if it provides Information Technology. inaccurate or incomplete information. systems measured by Meaningful Use 2. Shall have complied with all the attestation per HealthIT.gov. Apps must requirements under this section. 3. Security—Submissions must be free be integrated with a minimum of 3 3. In the case of a private entity, shall of malware. Contestant agrees that ONC unique health IT developer systems in be incorporated in and maintain a may conduct testing on the product to 2 unique provider settings. primary place of business in the United determine whether malware or other • Has been tested with patients and States, and in the case of an individual, security threats may be present. ONC used in production settings. whether participating singly or in a may disqualify the product if, in ONC’s • Available to consumers through at group, shall be a citizen or permanent judgment, the app may damage least one of the following modes: mobile resident of the United States. government or others’ equipment or Web, iOS Store, or Android Store. 4. May not be a Federal entity or operating environment. Phase 1 Federal employee acting within the Registration Process for Participants scope of their employment. Participants interested in competing 5. Shall not be an HHS employee To register for this Challenge, for Phase 1 awards will need to submit working on their applications or participants can access http:// an app development plan that must submissions during assigned duty www.challenge.gov and search for include: hours. ‘‘Consumer Health Data Aggregator • Mockup/wireframes 6. Shall not be an employee of the Challenge.’’ • Technical specifications, including Office of the National Coordinator for Prize but not limited to planned data Health IT. • sources, system architecture 7. Federal grantees may not use Phase 1: Up to 5 winners each receive • Business/sustainability plan Federal funds to develop COMPETES up to $15,000. • Provider partnership Act challenge applications unless • Phase 2: One final winner receives To augment technical development consistent with the purpose of their $50,000; 2nd place receives $25,000; and enhance the likelihood of a grant award. and an additional $25,000 connector successful app that will continue to 8. Federal contractors may not use prize. exist beyond the end of the challenge, Federal funds from a contract to develop • Total: Up to $175,000 in prizes. a progress update/matchmaking event COMPETES Act challenge applications Payment of the Prize will be held that will seek to connect or to fund efforts in support of a participants with provider partners. Up COMPETES Act challenge submission. Prize will be paid by contractor.

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Basis Upon Which Winner Will Be National Cancer Advisory Board Ad Hoc individuals associated with the grant Selected Subcommittee on Global Cancer applications, the disclosure of which The review panel will make selections Research. would constitute a clearly unwarranted based upon the following criteria: The teleconference meeting will be invasion of personal privacy. open to the public. Name of Committee: Center for Scientific Phase 1 Name of Committee: National Cancer Review Special Emphasis Panel; Member • Technical feasibility of plan, Advisory Board; Ad Hoc Subcommittee on Conflict: Neurological Epidemiology. including number of EHR sources Global Cancer Research. Date: March 10, 2016. targeted. Date: March 23, 2016. Time: 9:30 a.m. to 11:30 a.m. • Adherence to data privacy and Time: 2:00 p.m. to 3:00 p.m. Agenda: To review and evaluate grant security best practices. Agenda: Preview global cancer research applications. • Strength of business/sustainability outline for presentation at the June 2016 Joint Place: National Institutes of Health, 6701 BSA and NCAB Meeting. Rockledge Drive, Bethesda, MD 20892 plan. • Place: National Cancer Institute, Shady (Telephone Conference Call). Provider and/or health IT developer Grove Shady Grove, 9609 Medical Center Contact Person: Valerie Durrant, Ph.D., partnerships. Drive, Rockville, MD 20850, (Telephone Scientific Review Officer, Center for Phase 2 Conference Call)—Dial in number: 1–866– Scientific Review, National Institutes of 692–3158 and Passcode: 9875262. Health, 6701 Rockledge Drive, Room 3148, • Number, sources, and types of data Contact Person: Edward T. Trimble, M.D., MSC 7770, Bethesda, MD 20892, (301) 827– aggregation using FHIR. M.P.H., Executive Secretary, NCAB Ad Hoc 6390, [email protected]. • Functionality and quality of data Subcommittee on Global Cancer Research, Name of Committee: Center for Scientific aggregation. Director, Center for Global Health, National Review Special Emphasis Panel; Member • Privacy and security of patient data. Cancer Institute—Shady Grove, National Conflict: Pregnancy and Neonatology. • User experience and visual appeal. Institutes of Health, 9609 Medical Center Date: March 23, 2016. Drive, Room 3W562, Bethesda, MD 20892, Time: 1:00 p.m. to 5:00 p.m. Additional Information 240–276–5796, [email protected]. Agenda: To review and evaluate grant General Conditions: ONC reserves the Any interested person may file written applications. right to cancel, suspend, and/or modify comments with the committee by forwarding Place: National Institutes of Health, 6701 the statement to the Contact Person listed on the Contest, or any part of it, for any Rockledge Drive, Bethesda, MD 20892, this notice. The statement should include the (Virtual Meeting). reason, at ONC’s sole discretion. name, address, telephone number and when Intellectual Property: Each entrant Contact Person: Antonello Pileggi, M.D., applicable, the business or professional Ph.D., Scientific Review Officer, Center for retains title and full ownership in and affiliation of the interested person. Scientific Review, National Institute of to their submission. Entrants expressly (Catalogue of Federal Domestic Assistance Heath, 6701 Rockledge Drive, Room 6166, reserve all intellectual property rights Program Nos. 93.392, Cancer Construction; Bethesda, MD 20892–7892, (301) 402–6297, not expressly granted under the 93.393, Cancer Cause and Prevention [email protected]. challenge agreement. By participating in Research; 93.394, Cancer Detection and Name of Committee: Center for Scientific the challenge, each entrant hereby Diagnosis Research; 93.395, Cancer Review Special Emphasis Panel; Member irrevocably grants to Sponsor and Treatment Research; 93.396, Cancer Biology Conflict: Regeneration and Developmental Administrator a limited, non-exclusive, Research; 93.397, Cancer Centers Support; Biology. royalty-free, worldwide license and 93.398, Cancer Research Manpower; 93.399, Date: March 23, 2016. Cancer Control, National Institutes of Health, Time: 12:00 p.m. to 5:00 p.m. right to reproduce, publically perform, HHS) publically display, and use the Agenda: To review and evaluate grant Dated: February 29, 2016. applications. Submission to the extent necessary to Place: National Institutes of Health, 6701 Melanie J. Gray, administer the challenge, and to Rockledge Drive, Bethesda, MD 20892 publically perform and publically Program Analyst, Office of Federal Advisory (Telephone Conference Call). display the Submission, including, Committee Policy. Contact Person: Raya Mandler, Ph.D., without limitation, for advertising and [FR Doc. 2016–04671 Filed 3–2–16; 8:45 am] Scientific Review Officer, Center for promotional purposes relating to the BILLING CODE 4140–01–P Scientific Review, National Institutes of challenge. Health, 6701 Rockledge Drive, Room 5217, MSC 7840, Bethesda, MD 20892, 301–402– Authority: 15 U.S.C. 3719. DEPARTMENT OF HEALTH AND 8228, [email protected]. Dated: February 23, 2016. HUMAN SERVICES Name of Committee: Center for Scientific Karen DeSalvo, Review Special Emphasis Panel; PAR Panel: National Coordinator for Health Information National Institutes of Health Basic Research on HIV Persistence. Technology. Date: March 24, 2016. Center for Scientific Review; Notice of Time: 8:00 a.m. to 5:00 p.m. [FR Doc. 2016–04596 Filed 3–1–16; 11:15 am] Closed Meetings Agenda: To review and evaluate grant BILLING CODE 4150–45–P applications. Pursuant to section 10(d) of the Place: The Fairmont Washington, DC, 2401 Federal Advisory Committee Act, as M Street NW., Washington, DC 20037. DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is Contact Person: Kenneth A. Roebuck, HUMAN SERVICES hereby given of the following meetings. Ph.D., Scientific Review Officer, Center for The meetings will be closed to the Scientific Review, National Institutes of National Institutes of Health public in accordance with the Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892 (301) 435– National Cancer Institute; Notice of provisions set forth in sections 1166, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting Name of Committee: AIDS and Related as amended. The grant applications and Research Integrated Review Group; AIDS- Pursuant to section 10(a) of the the discussions could disclose associated Opportunistic Infections and Federal Advisory Committee Act, as confidential trade secrets or commercial Cancer Study Section. amended (5 U.S.C. App.), notice is property such as patentable material, Date: March 25, 2016. hereby given of a meeting of the and personal information concerning Time: 8:00 a.m. to 6:00 p.m.

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Agenda: To review and evaluate grant as amended. The grant applications and Name of Committee: National Cancer applications. the discussions could disclose Institute Special Emphasis Panel; Multi-level Place: Ritz Carlton Hotel, 1150 22nd Street confidential trade secrets or commercial Interventions in Cancer Care Delivery. NW., Washington, DC 20037. property such as patentable material, Date: April 6–7, 2016. Contact Person: Eduardo A. Montalvo, Time: 10:00 a.m. to 5:00 p.m. Ph.D., Scientific Review Officer, Center for and personal information concerning Agenda: To review and evaluate grant Scientific Review, National Institutes of individuals associated with the grant applications. Health, 6701 Rockledge Drive, Room 5108, applications, the disclosure of which Place: National Cancer Institute, Shady MSC 7852, Bethesda, MD 20892, (301) 435– would constitute a clearly unwarranted Grove, 9609 Medical Center Drive, Room 1168, [email protected]. invasion of personal privacy. 3W034, Rockville, MD 20850 (Telephone Name of Committee: Center for Scientific Name of Committee: National Institute of Conference Call). Review Special Emphasis Panel; General Medical Sciences Special Emphasis Contact Person: Kenneth L. Bielat, Ph.D., Fellowships: Risk, Prevention and Health Panel; Limited Pilot for NIGMS Legacy Scientific Review Officer, Research Behavior. Community-Wide Scientific Resources. Technology and Contract Review Branch, Date: March 28, 2016. Date: April 4, 2016. Division of Extramural Activities, National Time: 8:00 a.m. to 5:00 p.m. Time: 1:00 p.m. to 5:00 p.m. Cancer Institute, 9609 Medical Center Drive, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Room 7W244, Bethesda, MD 20892–9750, applications. applications. 240–276–6373, [email protected]. Place: Embassy Suites at the Chevy Chase Place: National Institutes of Health, Name of Committee: National Cancer Pavilion, 4300 Military Road NW., Natcher Building, Room 3An.12N, 45 Center Institute Special Emphasis Panel; Physical Washington, DC 20015. Drive, Bethesda, MD 20892 (Virtual Meeting). Sciences Oncology Centers (PSOC). Contact Person: Martha M. Faraday, Ph.D., Contact Person: Margaret J. Weidman, Date: April 13–14, 2016. Scientific Review Officer, Center for Ph.D., Scientific Review Officer, Office of Time: 8:00 a.m. to 6:00 p.m. Scientific Review, National Institutes of Scientific Review, National Institute of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3110, General Medical Sciences, National Institutes applications. MSC 7808, Bethesda, MD 20892, (301) 435– of Health, 45 Center Drive, Room 3AN18B, Place: Bethesda Marriott Suites, 6711 3575, [email protected]. Bethesda, MD 20892, 301–594–3663, Democracy Blvd., Bethesda, MD 20817. Name of Committee: Center for Scientific [email protected]. Contact Person: Reed A. Graves, Ph.D., Review Special Emphasis Panel; Member (Catalogue of Federal Domestic Assistance Scientific Review Officer, Research Conflict: Language and Communication. Program Nos. 93.375, Minority Biomedical Technology and Contract Review Branch, Date: March 28, 2016. Research Support; 93.821, Cell Biology and Division of Extramural Activities, National Time: 1:00 p.m. to 3:00 p.m. Biophysics Research; 93.859, Pharmacology, Cancer Institute, 9609 Medical Center Drive, Agenda: To review and evaluate grant Physiology, and Biological Chemistry Room 7W264, Bethesda, MD 20892–9750, applications. Research; 93.862, Genetics and 240–276–6384, [email protected]. Place: National Institutes of Health, 6701 Developmental Biology Research; 93.88, Name of Committee: National Cancer Rockledge Drive, Bethesda, MD 20892 Minority Access to Research Careers; 93.96, Institute Special Emphasis Panel; NCI (Telephone Conference Call). Special Minority Initiatives; 93.859, Program Project I (P01). Contact Person: Biao Tian, Ph.D., Scientific Biomedical Research and Research Training, Date: June 1–2, 2016. Review Officer, Center for Scientific Review, National Institutes of Health, HHS) Time: 8:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant National Institutes of Health, 6701 Rockledge Dated: February 29, 2016. Drive, Room 3089B, MSC 7848, Bethesda, applications. MD 20892 (301) 402–4411, tianbi@ Melanie J. Gray, Place: Bethesda North Marriott Hotel & csr.nih.gov. Program Analyst, Office of Federal Advisory Conference Center, 5701 Marinelli Road, (Catalogue of Federal Domestic Assistance Committee Policy. North Bethesda, MD 20852. Program Nos. 93.306, Comparative Medicine; [FR Doc. 2016–04673 Filed 3–2–16; 8:45 am] Contact Person: Shakeel Ahmad, Ph.D., Scientific Review Officer, Research Programs 93.333, Clinical Research, 93.306, 93.333, BILLING CODE 4140–01–P 93.337, 93.393–93.396, 93.837–93.844, Review Branch, Division of Extramural 93.846–93.878, 93.892, 93.893, National Activities, National Cancer Institute, NIH, Institutes of Health, HHS) 9609 Medical Center Drive, Room 7W112, DEPARTMENT OF HEALTH AND Bethesda, MD 20892–8328, 240–276–6349, Dated: February 25, 2016. HUMAN SERVICES [email protected]. Carolyn Baum, National Institutes of Health Name of Committee: National Cancer Program Analyst, Office of Federal Advisory Institute Special Emphasis Panel; NCI Committee Policy. National Cancer Institute; Notice of Program Project III (P01). [FR Doc. 2016–04630 Filed 3–2–16; 8:45 am] Date: June 9–10, 2016. Closed Meetings Time: 8:00 a.m. to 5:00 p.m. BILLING CODE 4140–01–P Pursuant to section 10(d) of the Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. Place: Doubletree by Hilton Hotel DEPARTMENT OF HEALTH AND amended (5 U.S.C. App.), notice is Bethesda, 8120 Wisconsin Avenue Bethesda, HUMAN SERVICES hereby given of the following meetings. MD 20814. The meetings will be closed to the Contact Person: Sanita Bharti, Ph.D., National Institutes of Health public in accordance with the Scientific Review Officer, Research Program provisions set forth in sections Review Branch, Division of Extramural National Institute of General Medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Activities, National Cancer Institute, NIH, Sciences; Notice of Closed Meeting as amended. The grant applications and 9609 Medical Center Drive, Room 7W618, Pursuant to section 10(d) of the the discussions could disclose Rockville, MD 20850, 240–276–5909, [email protected]. Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. App.), notice is property such as patentable material, Name of Committee: National Cancer Institute Special Emphasis Panel; NCI SPORE hereby given of the following meeting. and personal information concerning I Review. The meeting will be closed to the individuals associated with the grant Date: June 15–16, 2016. public in accordance with the applications, the disclosure of which Time: 8:00 a.m. to 3:00 p.m. provisions set forth in sections would constitute a clearly unwarranted Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. applications.

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Place: Bethesda North Marriott Hotel & Scientific Review, National Institutes of This notice is being amended to Conference Center, 5701 Marinelli Road, Health, 6701 Rockledge Drive, Room 5194, change the date of the meeting from North Bethesda, MD 20852. MSC 7846, Bethesda, MD 20892, (301) 408– March 02, 2016 to March 16, 2016; and Contact Person: Majed M. Hamawy, Ph.D., 9756, [email protected]. to change the start time from 10:00 a.m. Scientific Review Officer, Research Programs This notice is being published less than 15 Review Branch, Division of Extramural days prior to the meeting due to the timing to 1:00 p.m. and the end time from 4:00 Activities, National Cancer Institute, NIH, limitations imposed by the review and p.m. to 6:00 p.m. The meeting is closed 9609 Medical Center Drive, Room 7W120, funding cycle. to the public. Bethesda, MD 20892–8328, 240–276–6457, Name of Committee: Center for Scientific Dated: February 26, 2016. [email protected]. Review Special Emphasis Panel; Member Natasha M. Copeland, Information is also available on the Conflict: Brain Disorders and Clinical Program Analyst, Office of Federal Advisory Institute’s/Center’s home page: http:// Neuroscience. Committee Policy. deainfo.nci.nih.gov/advisory/sep/sep.htm, Date: March 23, 2016. where an agenda and any additional Time: 12:30 p.m. to 2:30 p.m. [FR Doc. 2016–04628 Filed 3–2–16; 8:45 am] information for the meeting will be posted Agenda: To review and evaluate grant BILLING CODE 4140–01–P when available. applications. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, 6701 Program Nos. 93.392, Cancer Construction; Rockledge Drive, Bethesda, MD 20892 DEPARTMENT OF HEALTH AND 93.393, Cancer Cause and Prevention (Telephone Conference Call). HUMAN SERVICES Research; 93.394, Cancer Detection and Contact Person: Alexei Kondratyev, Ph.D., Diagnosis Research; 93.395, Cancer Scientific Review Officer, Center for National Institutes of Health Treatment Research; 93.396, Cancer Biology Scientific Review, National Institutes of Research; 93.397, Cancer Centers Support; Health, 6701 Rockledge Drive, Room 5200, National Institute on Alcohol Abuse 93.398, Cancer Research Manpower; 93.399, MSC 7846, Bethesda, MD 20892, 301–435– and Alcoholism; Notice of Closed Cancer Control, National Institutes of Health, 1785, [email protected]. Meeting HHS) Name of Committee: Center for Scientific Review Special Emphasis Panel; Drug Abuse. Pursuant to section 10(d) of the Dated: February 29, 2016. Date: March 24, 2016. Federal Advisory Committee Act, as Melanie J. Gray, Time: 12:30 p.m. to 3:00 p.m. amended (5 U.S.C. App.), notice is Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant hereby given of the following meeting. Committee Policy. applications. The meeting will be closed to the [FR Doc. 2016–04672 Filed 3–2–16; 8:45 am] Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 public in accordance with the BILLING CODE 4140–01–P (Telephone Conference Call). provisions set forth in sections Contact Person: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Richard D. Crosland, Ph.D., Scientific as amended. The review of loan DEPARTMENT OF HEALTH AND Review Officer, Center for Scientific Review, repayment applications and the HUMAN SERVICES National Institutes of Health, 6701 Rockledge discussions could disclose confidential Drive, Room 4190, MSC 7850, Bethesda, MD National Institutes of Health trade secrets or commercial property 20892, 301–435–1220, [email protected]. such as patentable material, and (Catalogue of Federal Domestic Assistance personal information concerning Center for Scientific Review; Notice of Program Nos. 93.306, Comparative Medicine; Closed Meetings individuals associated with the review 93.333, Clinical Research, 93.306, 93.333, of loan repayment applications, the 93.337, 93.393–93.396, 93.837–93.844, Pursuant to section 10(d) of the disclosure of which would constitute a Federal Advisory Committee Act, as 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) clearly unwarranted invasion of amended (5 U.S.C. App.), notice is personal privacy. hereby given of the following meetings. Dated: February 26, 2016. The meetings will be closed to the Anna Snouffer, Name of Committee: National Institute on Alcohol Abuse and Alcoholism Special public in accordance with the Deputy Director, Office of Federal Advisory Emphasis Panel; NIAAA Clinical and provisions set forth in sections Committee Policy. Pediatric LRP Review. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2016–04629 Filed 3–2–16; 8:45 am] Date: April 25, 2016. as amended. The grant applications and BILLING CODE 4140–01–P Time: 8:00 a.m. to 6:00 p.m. the discussions could disclose Agenda: To review and evaluate Loan confidential trade secrets or commercial Repayment applications. property such as patentable material, DEPARTMENT OF HEALTH AND Place: National Institutes of Health, and personal information concerning HUMAN SERVICES National Institute on Alcohol Abuse and individuals associated with the grant Alcoholism, 5635 Fishers Lane Rockville, National Institutes of Health MD 20892 (Telephone Conference Call). applications, the disclosure of which Contact Person: Katrina L. Foster, Ph.D., would constitute a clearly unwarranted National Institute of Allergy and Scientific Review Officer, National Institute invasion of personal privacy. Infectious Diseases; Amended Notice on Alcohol Abuse & Alcoholism, National Name of Committee: Center for Scientific of Meeting Institutes of Health, 5635 Fishers Lane, Review Special Emphasis Panel; PAR13–345: Room. 2019, Rockville, MD 20852, 301–443– Pediatric Formulations and Drug Delivery Notice is hereby given of a change in 4032, [email protected]. Systems. the meeting of the National Institute of (Catalogue of Federal Domestic Assistance Date: March 16, 2016. Allergy and Infectious Diseases Special Program Nos. 93.271, Alcohol Research Time: 12:00 p.m. to 4:00 p.m. Emphasis Panel, March 02, 2016, 10:00 Career Development Awards for Scientists Agenda: To review and evaluate grant a.m. to March 02, 2016, 01:00 p.m., and Clinicians; 93.272, Alcohol National applications. Research Service Awards for Research Place: National Institutes of Health, 6701 National Institutes of Health, 5601 Training; 93.273, Alcohol Research Programs; Rockledge Drive, Bethesda, MD 20892 Fishers Lane, Rockville, MD, 20892 93.891, Alcohol Research Center Grants; (Telephone Conference Call). which was published in the Federal 93.701, ARRA Related Biomedical Research Contact Person: Eugene Carstea, Ph.D., Register on February 09, 2016, and Research Support Awards., National Scientific Review Officer, Center for 81FR6872. Institutes of Health, HHS)

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Dated: February 29, 2016. issued the regulations that set forth the accessed at http://www.achp.gov/docs/ Melanie J. Gray, process through which federal agencies fr7387.pdf. This Policy Statement was Program Analyst, Office of Federal Advisory comply with these duties. These well received by stakeholders. The Committee Policy. regulations are codified under 36 CFR principles outlined in the document are [FR Doc. 2016–04674 Filed 3–2–16; 8:45 am] part 800. still used when conducting historic preservation reviews for affordable BILLING CODE 4140–01–P I. Background on the Draft Policy housing projects. Statement The purpose of developing the Policy ADVISORY COUNCIL ON HISTORIC In March 2013, the ACHP issued a Statement on Historic Preservation and PRESERVATION report entitled Managing Change: Community Revitalization in 2016 is to Preservation and Rightsizing in ensure that preservation is considered Notice of Proposed Policy Statement America. It can be accessed at http:// as a tool that will assist federal, state on Historic Preservation and www.achp.gov/RightsizingReport.pdf. and local governments plan and Community Revitalization The report focused on communities that implement revitalization projects and were addressing rightsizing. The programs in a manner that reuses and AGENCY: Advisory Council on Historic concept of rightsizing applied to rehabilitates historic properties. Preservation. communities undergoing substantial The Working Group convened by the ACTION: The Advisory Council on change due to economic decline, ACHP to assist in developing the policy Historic Preservation seeks public population loss, increased amounts of statement began meeting in December comments on its draft Policy Statement vacancy and abandonment, decline in 2014. Representatives of the Working on Historic Preservation and local services, increased homelessness Group included, Brad White, Expert Community Revitalization. and poverty, declining educational Member of the ACHP, as the Chairman, opportunities, and systemic blight. the US Department of Housing and SUMMARY: The Advisory Council on Rightsizing has been occurring in Urban Development, US Department of Historic Preservation (ACHP) is communities around the Nation for Agriculture, Department of Health and planning on issuing a ‘‘Policy Statement decades as they respond to Human Services, the National Park on Historic Preservation and transformative events. The report Service, the National Trust for Historic Community Revitalization.’’ A Working contained the findings and Preservation, the American Assembly, Group, comprised of ACHP members recommendations of extensive research, Cleveland Restoration Society, and other preservation organizations, on-site visits, and ACHP participation Preservation Research Office, Historic has drafted a policy and invites your on panels and seminars during which Districts Council, Rightsizing Network, views and comments. The Working stakeholders shared their views Michigan State Historic Preservation Group will use your comments to regarding the effect of rightsizing on the Office, and Indiana Historic finalize the draft policy before it is community. Preservation Office. After consulting for presented to the full ACHP membership The primary findings of the report approximately one year to discuss the for consideration and adoption. included the following observations: major problem areas that needed to be DATES: Submit comments on or before —Historic preservation tools are not addressed in rightsizing and legacy April 4, 2016. used to maintain the historic integrity cities, a working draft of the Policy ADDRESSES: Address all comments of rightsizing communities; Statement was drafted, and distributed concerning this proposed policy to —Historic preservation needs to be to ACHP members for review. Charlene Dwin Vaughn, Assistant better integrated in local planning and The comments received from ACHP Director, Office of Federal Agency economic development; members resulted in revisions to the Programs, Advisory Council on Historic —Federal programs that can support draft policy statement to achieve the Preservation, 401 F Street NW., Room rightsizing in a manner that builds on following: 301, Washington, DC 20001. You may community historic resources are not —Focus on rural and tribal communities also submit comments by facsimile at readily available; as well as Legacy Cities; 202–517–6384 or by electronic mail to —The early initiation of project review —Emphasize the value of preparing [email protected]. under Section 106 of the National local architectural and archeological FOR FURTHER INFORMATION CONTACT: Historic Preservation Act (NHPA) can surveys; Charlene Dwin Vaughn, 202–517–0207 facilitate the analysis of alternative —Emphasize how the principles apply SUPPLEMENTARY INFORMATION: The redevelopment strategies that can to Section 106 of the National Historic Advisory Council on Historic integrate historic properties; and Preservation Act; Preservation (ACHP) is an independent —Federal programs that are targeted to —Reference the role of field, regional, federal agency, created by the National extensive demolition in a community and state offices in preserving local Historic Preservation Act that promotes do not always reflect the preference of assets; the preservation, enhancement, and the residents in a community. —Address how Section 106 reviews can sustainable use of our nation’s diverse As the ACHP explored options to be expedited; and historic resources, and advises the implement the recommendations in the —Define how creative mitigation President and Congress on national report, it was concluded that the measures can facilitate preservation in historic preservation policy. development of a policy statement communities. Section 106 of the National Historic would be appropriate to advance The ACHP invites comments from the Preservation Act (Section 106), 54 historic preservation. public on the draft Policy Statement (see U.S.C. 306108, requires federal agencies In 2006, the ACHP adopted a ‘‘Policy text at the end of this notice), to consider the effects of their Statement on Affordable Housing and particularly as it relates to the following undertakings on historic properties and Historic Preservation’’ to assist questions: provide the ACHP a reasonable stakeholders in utilizing historic 1. How can the principles in the draft opportunity to comment with regard to properties for affordable housing Policy Statement help communities such undertakings. The ACHP has projects with minimal delays. It can be balance the goal of historic preservation

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and the revitalization of neighborhoods eligible for listing in the National Register of relevant existing federal programs and and communities? Historic Places. Although older communities policies. The extensive research, newspaper 2. How will the principles in the draft known as ‘‘legacy cities’’ have been and journal articles, and organizational and Policy Statement establish a framework confronted with these issues, research has institutional reports on rightsizing revealed revealed that suburban, rural, and tribal that consideration of historic preservation for decision making when communities communities have dealt with similar issues in rightsizing decisions was often the receive federal funding to assist problems. exception. The ACHP report noted that distressed neighborhoods? One class of communities, many of which rightsizing should include revitalization. 3. How will State Historic were located in industrial centers, was hit Likewise, it noted that rightsizing is not Preservation Officers and Certified Local particularly hard, struggling with economic uniquely an urban phenomenon. Rather, it Governments apply the principles in challenges that transcend market cycles such encompasses diverse communities, including their review of local revitalization as the recent recession. These communities, older suburbs and rural villages. All are in programs? marked by population loss exceeding 20 need of technical assistance, education, and 4. Will the draft Policy Statement percent, require a holistic approach to bring outreach to help residents, developers, and assist federal, state and local officials, about their revitalization. Many are older local officials use historic preservation tools. communities with historic architecture, Purpose. In accordance with Section 202 of developers, residents, and other social cohesiveness, and walkable the NHPA, the ACHP is issuing this Policy stakeholders to explore alternatives for neighborhoods—features which have Statement to provide federal agencies, the preserving historic properties in increasingly grown more attractive in real individuals, organizations, or governments planning revitalization projects? estate markets that are in the process of that apply for federal assistance, and public 5. How can the adoption of creative recovering. and private partners with a flexible and mitigation measures help a community In 1966 when Congress passed the National creative approach to developing local to preserve its historic properties? Historic Preservation Act (NHPA), it revitalization plans that use historic 6. What form of guidance will be determined that ‘‘the historical and cultural properties. It is intended to help address the needed to implement the principles in foundations of the nation should be substantial challenges facing communities this draft Policy Statement? preserved in order to give a sense of that have experienced significant population 7. Are there any other major obstacles orientation to the American people.’’ Further, and job loss, as well as other communities it stated that ‘‘in the face of ever increasing requiring strategies for revitalization. The to using historic preservation tools in extensions of urban centers, highways, and Policy Statement is designed to assist federal community revitalization projects that residential, commercial, and industrial agencies and their grantees and applicants, have not been addressed in this draft developments, the present governmental and State Historic Preservation Officers (SHPOs), Policy Statement? nongovernmental historic preservation Tribal Historic Preservation Officers The ACHP appreciates receiving programs are inadequate to ensure future (THPOs), Certified Local Governments public input on the draft Policy generations a genuine opportunity to (CLGs), and local governments in complying Statement. Your comments will ensure appreciate and enjoy the nation’s rich with the requirements of Section 106 of the that we have taken a holistic approach heritage.’’ NHPA. Section 106 requires federal agencies in advancing historic preservation as a The congressional findings in the NHPA to take into account the effects of their viable tool that can help diverse remain applicable today, particularly since undertakings on historic properties and the economic crisis of 2008. The Advisory afford the ACHP a reasonable opportunity to communities who are recipients of Council on Historic Preservation (ACHP), comment. With a predictable and consistent federal, state, and local assistance. established by the NHPA to advise the policy framework, federal agencies and II. Text of the Draft Policy President and Congress on matters relating to communities will be encouraged to integrate historic preservation, considers local historic preservation in revitalization DRAFT ADVISORY COUNCIL ON HISTORIC community revitalization critical to strategies. The policy acknowledges that PRESERVATION (ACHP) POLICY stabilizing these economically depressed consideration of alternatives to avoid or STATEMENT ON HISTORIC communities. In overseeing federal project minimize harm to historic properties is PRESERVATION AND COMMUNITY reviews required by Section 106 of NHPA, essential when planning revitalization REVITALIZATION (February 19, 2016) patterns and trends have revealed that projects. Further, by engaging diverse Introduction. The 2010 US Census revealed historic preservation reviews are often not stakeholders in the planning process, that, as a result of the decline in the economy completed before federal funds are allocated revitalization projects can achieve multiple beginning in 2008, an estimated 19 million for redevelopment. Preservation options are community goals. properties were abandoned throughout the not considered and opportunities to reuse Consistent with previous work completed nation. As a result of the economic existing assets are missed. Communities, by the ACHP, the purpose of this policy is downturn, many buildings, in particular therefore, need guidance that illustrates how to ensure that historic preservation is historic properties, became vacant and historic preservation can help them to considered as a tool to stabilize and enhance abandoned, resulting in severe blight around determine the disposition of vacant and communities that have suffered from massive the Nation. Many economists compared the abandoned properties, promote structural changes to their economy. It also impacts of the economic downturn in 2008 rehabilitation, create affordable housing, recognizes that other communities, under to that of the Great Depression in the 1930s. direct growth to target areas that have less severe economic distress, will benefit Natural disasters, economic downturns, and infrastructure, use new infill construction to from implementing the strategies described the mortgage foreclosure crisis all occurred at stabilize neighborhoods, and develop mixed in the principles below. the beginning of the 21st century and eroded use projects. The policy addresses the value of local urban, rural, and tribal communities. While The ACHP issued a report entitled, communities developing historic property these events resulted in significant economic Managing Change: Preservation and surveys, including those located in older impacts across the country, they accelerated Rightsizing in America, in March 2013, neighborhoods with historic districts, to use declines in population, tax base, industry, which focused on communities addressing as a tool in community revitalization. Only jobs, and housing markets caused by ‘‘rightsizing.’’ Rightsizing applies when when local officials are aware of the historic structural changes to the economy in the communities have shrinking populations, significance of properties in a community Midwest, Northeast, and Mid-Atlantic vacancy and abandonment, and systemic can they make informed decisions about regions. The estimated demolition of 200,000 blight issues. The report defined it as ‘‘the treatment and reuse. The National Register is properties annually during this period process of change confronting communities also used to determine whether federal exemplified the extreme actions many that have drastically reduced population and activities must comply with Section 106. communities took that resulted in the loss of excess infrastructure with a dwindling tax Likewise, a property must first be listed on homes, buildings, and even entire base, in need of planning to recalibrate.’’ It the National Register before it can qualify as neighborhoods, many of which included also identified the role of historic a ‘‘certified historic structure’’ for receiving older historic buildings that were listed in or preservation in rightsizing as well as noting the 20 percent Federal Historic Preservation

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Tax Credit for the rehabilitation of historic, The NHPA was established in 1966 to emergencies, recovery projects are designed income-producing buildings. Other tax ensure that local revitalization and economic to revitalize and rebuild resilient incentives are often coupled with this credit development projects were responsive to communities. Achieving these goals requires to revitalize historic neighborhoods, such as historic preservation values. Unfortunately, aligning federal funding with local rebuilding the Federal Low-Income Housing Tax Credit the provisions of the NHPA requiring visions, cutting red tape for obtaining and state historic preservation tax incentives. consideration of historic properties in project assistance, developing region-wide plans for Recent studies have documented that these planning have not been applied consistently rebuilding; and ensuring that communities tax incentive programs contribute to by federal, state, and local governments. This are rebuilt to better withstand future economic development and job production. is particularly the case when federal funds disasters, climate events and unanticipated Further, they are one of the primary tools for are allocated to local communities to address emergencies. Maintaining, rehabilitating, and revitalizing neighborhoods that were once substantial amounts of vacancies, reusing existing historic buildings can considered blighted. abandonments, and the related blight contribute to stabilizing and revitalizing The ACHP is pleased to issue this Policy afflicting communities. Historic properties neighborhoods. Community recovery and Statement on Historic Preservation and should be viewed as community assets and revitalization plans should be specific in the Community Revitalization as we celebrate their treatment should be informed by an use and treatment of historic properties, the 50th Anniversary of the NHPA. The analysis of alternatives, including coordinated with plans for new construction principles outlined above include sound stabilization, rehabilitation, new infill and infrastructure. Recognizing that historic guidance to assist communities in their construction, and demolition. Suburban, preservation strategies are compatible with efforts to incorporate historic preservation rural, and tribal communities have smart growth, sustainability, and resilient into project planning. As communities experienced many of the same or similar community principles will enable planners develop revitalization plans to improve local issues as urban areas over the past decades. to create housing choices, foster a sense of neighborhoods and target areas, they should Historic preservation tools can assist many of place, generate jobs, maintain walkable work with federal and state agencies, SHPOs, these communities, particularly when neighborhoods, and preserve open spaces, THPOs, developers, residents, and other integrated in project planning as prescribed thereby promoting a holistic community stakeholders to implement the following by Section 106 of the NHPA. The adaptation environment. principles. While many are related to the and reuse of historic properties is a viable III. Historic property surveys, including Section 106 consultation, some can be alternative that should be given due those in historic districts, are tools that applied independently of this review. consideration by federal, state, and local should be used by communities to provide a officials when renewing communities. foundation for federal, state, and local Implementing Principles Although historic preservation is often planning and revitalization projects. I. Historic preservation values should be ignored by stakeholders who assume that City-wide surveys that are incomplete or considered in the revitalization of both rural redevelopment will allow them to spend nonexistent may cause the unnecessary loss and urban communities. project funds exclusively on new of historic properties as well as delays in II. Historic preservation should be construction, decades of historic preservation project planning and implementation. incorporated in local planning for projects affirm that historic assets can also Without the historical context explaining the sustainability, smart growth, and community revive a community. Therefore, historic evolution of neighborhoods and the resilience. preservation should be an option that is significance of existing building stock, III. Historic property surveys, including regularly considered by officials, in planning decision making is uninformed. In contrast, those in historic districts, are tools that the revitalization of neighborhoods, target communities that have completed historic should be used by communities to provide areas, and communities in urban, rural, and property surveys that include historic for federal, state, and local planning and tribal areas where there is considerable context, identify architectural, archeological, revitalization projects. economic decline and blight. and cultural resources, and define historic IV. Effective citizen engagement allows II. Historic preservation should be districts are able to develop more effective community residents to identify resources incorporated in local planning for strategies for revitalization. Surveys they care about and share their views on sustainability, smart growth, and community conducted in advance can identify areas that local history and cultural significance. resilience. should be given special attention in project V. Indian tribes may have an interest in The core principles in sustainability, smart planning and assist developers and local urban and rural community revitalization growth, and community resilience programs officials to designate areas for tax or other projects that may affect sites of historic, administered by federal government have financial incentives. While funds for surveys religious, and cultural significance to them. been embraced by urban and rural are often challenging to identify, many States VI. Private resources can contribute to local communities nationwide during the past have used SHPO and federal Historic revitalization efforts and leverage public decade. Smart growth is a cohesive group of Preservation Funds to update surveys funds. planning tools that are focused on creating a consistent with the scope of work outlined in VII. Tax credits can be used to promote development pattern that can be replicated State-wide plans. Additional survey historic preservation projects that preserve throughout a region or locality, while information may be forthcoming during local assets. sustainable communities are focused on Section 106 reviews when federal agencies VIII. Early consideration of alternatives to conserving and improving existing resources, and applicants identify and evaluate avoid or minimize adverse effects to historic including making historic assets such as properties listed in or eligible for listing in properties is essential to ensure proper buildings, neighborhoods and communities the National Register of Historic Places. integration of historic properties in greener, stronger and more livable. Both Regulations for some federal programs allow revitalization plans. smart growth and sustainability embrace administrative funds to be allocated for IX. Development of flexible and historic preservation, emphasizing the value surveys, particularly when there is a need for programmatic solutions can help expedite in reusing historic properties. Successful long-term plans to be approved for a historic preservation reviews as well as more historic preservation techniques often bring neighborhood or target area. Federal agencies effectively and proactively address situations together both historic properties and should prioritize assistance to communities involving recurring loss of historic sensitive new construction to create a for such planning, where possible. In properties. dynamic and attractive environment. addition, local agencies are encouraged to X. Creative mitigation can facilitate future Preserving historic properties and incorporate historic preservation survey preservation in communities. neighborhoods in a community not only information in local Geographic Information These principles are interpreted below to retains streetscapes and original settings, but Systems to expedite regulatory reviews provide context for stakeholders who may also can create a focal point for a community required before projects can be approved for consider applying them to their to embrace its history, culture, and sense of funding. communities. place, all of which benefit revitalization IV. Effective citizen engagement allows I. Historic preservation values should be efforts and promote community stability. community residents to identify resources considered in the revitalization of both rural In the aftermath of natural disasters, they care about and share their views on and urban communities. climate change events, and unanticipated local historic and cultural significance.

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The consultation process under Section VI. Private resources can contribute to local Effective utilization of historic properties 106 should be designed to elicit effective and revitalization efforts and leverage public to support community revitalization goals authentic citizen engagement. Such funds. requires that preservation be an integral part engagement will help to identify places Private resources are instrumental in of local planning from the outset. Strategic important to the community early in the ensuring community revitalization efforts are efforts to stabilize local neighborhoods in consultation process. Special attention successful and transformative. Federal grant communities experiencing substantial should be given to including communities and loan programs can be used in population loss should consider alternatives that have been overlooked in prior efforts to conjunction with private resources for local that can have a positive impact. identify historic properties, as is often the revitalization efforts such as the Department Comprehensive neighborhood plans should case with those places associated with of Transportation’s TIGER Program and the disclose the criteria and processes local diverse populations that have minimal Environmental Protection Agency’s officials use to determine specific treatment representation in the National Register. Such Brownfield Grants. These programs require for a building. SHPOs can also provide information should be routinely sought by local communities to provide matching technical assistance when resources are local officials when complying with Section funds, which are often solicited from the available. Likewise, communities that have 106 and evaluating properties for listing in private sector. Local institutions such as CLG’s that work closely with SHPOs can the National Register or on state surveys. universities, hospitals, foundations, banks, participate in local administrative reviews SHPOs and CLG’s can assist in providing land banks, and local businesses frequently and provide advice regarding how historic historic context statements for such provide matching funds to local properties may be affected by revitalization properties. Involving local academic governments. In addition, they often partner plans. SHPOs and CLG’s can coordinate with institutions, civic organizations, and with developers on multi-use historic land banks to determine how they can professional associations in the work of local projects that benefit the community as a facilitate building preservation, preservation commissions and architectural whole. Banking institutions are able to get rehabilitation, and revitalization plans, as review boards can help ensure that the views credit under the Community Reinvestment well as those proposed for substantial of all segments of the community inform the Act (CRA) Program when they contribute to demolitions in target areas or community- identification and evaluation of historic local revitalization efforts. A bank’s CRA wide. properties. Citizen engagement is also critical performance record is taken into account IX. Flexible programmatic solutions help in the analysis of project alternatives to deal when evaluating their overall performance. expedite historic preservation reviews and with adverse effects of redevelopment on Therefore, advance meetings with local address situations involving recurring loss of historic properties. Many of the outcomes banking institutions to discuss strategies historic properties. from Section 106 reviews are shaped by regarding loans for commercial and Revitalization projects with federal recommendations from citizens that residential community revitalization projects involvement require compliance with participate as consulting parties in the is a good approach to identifying resources Section 106 and other federal environmental process. Federal and local officials, therefore, to leverage public funds. review laws. Frequently, programmatic should provide guidance and technical VII. Tax credits can be used to promote solutions can expedite compliance with assistance to facilitate citizen engagement in historic preservation projects that preserve regulatory requirements, improving the surveys and project planning. local assets. efficiency of project delivery. Section 106 V. Indian tribes may have an interest in Recent research conducted on the impacts Programmatic Agreements can respond to urban and rural community revitalization of using Federal Historic Tax Credits have local conditions, foster larger community projects that may affect sites of historic, revealed that investments in historic preservation goals, and expedite project religious, and cultural significance to them. rehabilitation have greater positive impact on reviews. Such agreements often clarify that As indigenous peoples of the Nation, employment, state and local taxes, and the plans and specifications developed for local Indian tribes have lived in many places financial strength of the state than new revitalization projects, which adhere to the before they became cities and towns. construction. The use of federal Historic Tax Secretary of Interior’s Standards for the Accordingly, Indian tribes often have a stake Credits (HTC), Low Income Housing Tax Treatment of Historic Properties, qualify for in the effects of new development on their Credits (LIHTC), and State Historic Tax simplified review and achieve desirable history and culture. It therefore is important Credits can often be combined to provide preservation results. The public interest in to involve Indian tribes in the Section 106 neighborhoods with financial, social, and preservation should guide planning, such as reviews, particularly in the identification and economic benefits. Local governments should focusing reviews on exterior features and evaluation of historic properties and consider how these incentives can be used to important interior spaces open to the public, assessment of effects. Since Indian tribes are fund not only major projects but also smaller which is included in the ACHP’s Policy required to be invited to participate in and mid-size neighborhood projects. SHPOs Statement on Affordable Housing and Section 106 as consulting parties, federal and are uniquely situated to leverage federal HTC Historic Preservation, published in 2005. local officials should become familiar with projects, having worked closely with the Planning for larger revitalization projects in those Indian tribes that have ancestral and National Park Service and the developer. advance of receiving federal monies could historic associations with their communities. After completing Part 1 of the federal HTC allow local officials to target resources for When planning projects and conducting application, local officials should be micro grants and loans that can stabilize Section 106 reviews, planners need to look encouraged to work closely with federal residential and commercial properties on an beyond archaeologists in assessing potential regional and field offices, land banks, SHPOs, interim basis. CLGs can participate in project development sites and involve Indian tribes and local realtors to identify other vacant and planning and reviews and share with to ensure that cultural resources important to abandoned buildings that are candidates for stakeholders local best management them inform the siting and design of projects. rehabilitation. By stabilizing an entire practices. Indian tribes can also contribute to local neighborhood, these sites can be used for X. Creative mitigation that can facilitate sustainability efforts based on their affordable housing and transit oriented future preservation in communities. ecological and environmental knowledge of development projects. NPS and SHPOs can ‘‘Creative mitigation’’ is a concept that is specific geographic areas to which they share cases studies and best management used in environmental reviews when it is attach religious and cultural significance. practices on federal HTC and applicability of challenging, if not impossible, to avoid Involving Indian tribes early in Section 106 the Secretary of Interior’s Standards for the adverse effects or offset them using standard consultations allows them to advise the Treatment of Historic Properties, and meet mitigation approaches. In Section 106 federal agency on protocols that should be with local officials and developers to discuss reviews, standard mitigation measures are followed in the event of unanticipated strategies for preserving local historic customarily directed at the affected historic discoveries of sites of traditional religious properties. property and may include recordation, data and cultural significance during project VIII. Early consideration of alternatives to recovery, or curation. Often the public implementation. Finally, Indian tribes can avoid or minimize adverse effects to historic benefit of using these standard measures is provide relevant input to the agency in properties is essential to ensure proper minimal and mitigation funds might be better developing mitigation measures when sites integration of historic properties in invested in other preservation activities. cannot be avoided. revitalization plans. Because the Section 106 process does not

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preordain a preservation outcome for affected Budget (OMB) for review and approval included in the CBP request for OMB historic properties, federal and local officials in accordance with the Paperwork approval. All comments will become a should consider creative mitigation measures Reduction Act: Deferral of Duty on matter of public record. In this that promote historic preservation goals even Large Yachts Imported for Sale. This is though they do not minimize harm to the document, CBP is soliciting comments impacted historic resource. For example, a a proposed extension of an information concerning the following information neighborhood stabilization project may call collection that was previously collection: approved. CBP is proposing that this for selective demolition of contributing Title: Deferral of Duty on Large Yachts structures within a historic district. To offset information collection be extended with the loss, the project planners might commit no change to the burden hours or to the Imported for Sale. funds for the renovation of other buildings information collected. This document is OMB Number: 1651–0080. within the district or fund a historic published to obtain comments from the Abstract: This collection of resources survey of a nearby neighborhood as public and affected agencies. the basis for future preservation planning. information is required to ensure DATES: Written comments should be The activities proposed in creative mitigation compliance with 19 U.S.C. 1484b which measures should leverage the federal received on or before April 4, 2016 to provides that an otherwise dutiable assistance to allow for broader public be assured of consideration. yacht that exceeds 79 feet in length, is benefits. Discussions about creative ADDRESSES: Interested persons are used primarily for recreation or mitigation should be initiated early in the invited to submit written comments on pleasure, and had been previously sold Section 106 review process when options can this proposed information collection to be objectively evaluated and include by a manufacturer or dealer to a retail the Office of Information and Regulatory customer, may be imported without the consulting parties, representatives of the Affairs, Office of Management and payment of duty if the yacht is imported affected areas, as well as local officials, to Budget. Comments should be addressed ensure all views are considered. A desirable to the OMB Desk Officer for Customs with the intention to offer for sale at a goal of creative mitigation measures is to boat show in the United States. The advance community-wide preservation. They and Border Protection, Department of Homeland Security, and sent via statute provides for the deferral of might include the development of local payment of duty until the yacht is sold historic preservation ordinances, acquisition electronic mail to oira_submission@ and relocation of historic properties to omb.eop.gov or faxed to (202) 395–5806. but specifies that the duty deferral alternate sites in a historic district, or FOR FURTHER INFORMATION CONTACT: period may not exceed 6 months. This funding for landscaping and streetscape Requests for additional information collection of information is provided for improvements in a district. should be directed to Tracey Denning, by 19 CFR 4.94a which requires the Federal, state, and local officials, U.S. Customs and Border Protection, submission of information to CBP such applicants, and residents are encouraged to as the name and address of the owner use these principles as plans are developed Regulations and Rulings, Office of and Section 106 reviews coordinated. Please International Trade, 90 K Street NE., of the yacht, the dates of cruising in the visit the ACHP’s Web site, achp.gov, to view 10th Floor, Washington, DC 20229– waters of the United States, information helpful case studies and best management 1177, at 202–325–0265. about the yacht, and the ports of arrival practices that can further expand your SUPPLEMENTARY INFORMATION: This and departure. knowledge of historic preservation tools, and proposed information collection was Action: CBP proposes to extend the how they are being used to revitalize and previously published in the Federal stabilize communities throughout the Nation. expiration date of this information Register (80 FR 68326) on November 4, collection with no change to the Authority: 54 U.S.C. 304102(a). 2015, allowing for a 60-day comment estimated burden hours or to the Dated: February 26, 2016. period. This notice allows for an information collected. additional 30 days for public comments. John M. Fowler, Type of Review: Extension (with no Executive Director. This process is conducted in accordance with 5 CFR 1320.10. CBP invites the change). [FR Doc. 2016–04640 Filed 3–2–16; 8:45 am] general public and other Federal Affected Public: Businesses and BILLING CODE 4310–K6–P agencies to comment on proposed and/ Individuals. or continuing information collections Estimated Number of Respondents: pursuant to the Paperwork Reduction 50. DEPARTMENT OF HOMELAND Act of 1995 (Pub. L. 104–13; 44 U.S.C. SECURITY 3507). The comments should address: Estimated Number of Total Annual Responses: 50. U.S. Customs and Border Protection (a) Whether the collection of information is necessary for the proper Estimated Time per Response: 1 hour. [1651–0080] performance of the functions of the Estimated Total Annual Burden agency, including whether the Hours: 50. Agency Information Collection information shall have practical utility; Activities: Deferral of Duty on Large (b) the accuracy of the agency’s Dated: February 24, 2016. Yachts Imported for Sale estimates of the burden of the collection Tracey Denning, AGENCY: U.S. Customs and Border of information; (c) ways to enhance the Agency Clearance Officer, U.S. Customs and Protection, Department of Homeland quality, utility, and clarity of the Border Protection. Security. information to be collected; (d) ways to [FR Doc. 2016–04747 Filed 3–2–16; 8:45 am] minimize the burden, including the use ACTION: 30-Day notice and request for BILLING CODE 9111–14–P comments; Extension of an existing of automated collection techniques or collection of information. the use of other forms of information technology; and (e) the annual costs to SUMMARY: U.S. Customs and Border respondents or record keepers from the Protection (CBP) of the Department of collection of information (total capital/ Homeland Security will be submitting startup costs and operations and the following information collection maintenance costs). The comments that request to the Office of Management and are submitted will be summarized and

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DEPARTMENT OF HOMELAND number 202–272–8377 (This is not a e.g., permitting electronic submission of SECURITY toll-free number. Comments are not responses. accepted via telephone message). Please U.S. Citizenship and Immigration note contact information provided here Overview of This Information Services is solely for questions regarding this Collection [OMB Control Number 1615–0099] notice. It is not for individual case (1) Type of Information Collection: status inquiries. Applicants seeking Extension, Without Change, of a information about the status of their Agency Information Collection Currently Approved Collection. Activities: Application for T individual cases can check Case Status Nonimmigrant Status; Application for Online, available at the USCIS Web site (2) Title of the Form/Collection: Immediate Family Member of T–1 at http://www.uscis.gov, or call the Application for T Nonimmigrant Status; Recipient; and Declaration of Law USCIS National Customer Service Application for Immediate Family Enforcement Officer for Victim of Center at 800–375–5283 (TTY 800–767– Member of T–1 Recipient; and Trafficking in Persons, Form I–914 and 1833). Declaration of Law Enforcement Officer Supplements A and B; Extension, SUPPLEMENTARY INFORMATION: for Victim of Trafficking in Persons. Without Change, of a Currently Comments (3) Agency form number, if any, and Approved Collection the applicable component of the DHS You may access the information AGENCY: U.S. Citizenship and sponsoring the collection: Form I–914 collection instrument with instructions, and Supplements A and B; USCIS. Immigration Services, Department of or additional information by visiting the Homeland Security. Federal eRulemaking Portal site at: (4) Affected public who will be asked ACTION: 60-Day notice. http://www.regulations.gov and enter or required to respond, as well as a brief USCIS–2006–0099 in the search box. abstract: Primary: Individuals or SUMMARY: The Department of Homeland Regardless of the method used for households. Form I–914 permits victims Security (DHS), U.S. Citizenship and submitting comments or material, all of severe forms of trafficking and their Immigration (USCIS) invites the general submissions will be posted, without immediate family members to public and other Federal agencies to change, to the Federal eRulemaking demonstrate that they qualify for comment upon this proposed extension Portal at http://www.regulations.gov, temporary nonimmigrant status of a currently approved collection of and will include any personal pursuant to the Victims of Trafficking information. In accordance with the information you provide. Therefore, and Violence Protection Act of 2000 Paperwork Reduction Act (PRA) of submitting this information makes it (VTVPA), and to receive temporary 1995, the information collection notice public. You may wish to consider immigration benefits. is published in the Federal Register to limiting the amount of personal obtain comments regarding the nature of (5) An estimate of the total number of information that you provide in any the information collection, the respondents and the amount of time voluntary submission you make to DHS. categories of respondents, the estimated estimated for an average respondent to DHS may withhold information burden (i.e. the time, effort, and respond: Form I–914, 1,062 responses at provided in comments from public resources used by the respondents to 2 hours and 15 minutes (2.25 hours) per viewing that it determines may impact respond), the estimated cost to the the privacy of an individual or is response; Supplement A, 1,162 respondent, and the actual information offensive. For additional information, responses at 1 hour per response; collection instruments. please read the Privacy Act notice that Supplement B, 250 responses at 30 DATES: Comments are encouraged and is available via the link in the footer of minutes (.50 hours) per response. will be accepted for 60 days until May http://www.regulations.gov. Biometric processing 2,224 respondents 2, 2016. Written comments and suggestions requiring Biometric Processing at an ADDRESSES: All submissions received from the public and affected agencies estimated 1 hour and 10 minutes (1.17 must include the OMB Control Number should address one or more of the hours) per response. 1615–0099 in the subject box, the following four points: (6) An estimate of the total public agency name and Docket ID USCIS– (1) Evaluate whether the proposed burden (in hours) associated with the 2006–0059. To avoid duplicate collection of information is necessary collection: The total estimated annual submissions, please use only one of the for the proper performance of the hour burden associated with this following methods to submit comments: functions of the agency, including collection is 6,278 hours. (1) Online. Submit comments via the whether the information will have Federal eRulemaking Portal Web site at practical utility; (7) An estimate of the total public http://www.regulations.gov under e- (2) Evaluate the accuracy of the burden (in cost) associated with the Docket ID number USCIS–2006–0099; agency’s estimate of the burden of the collection: The estimated total annual (2) Email. Submit comments to proposed collection of information, cost burden associated with this [email protected]; including the validity of the collection of information is 0. (3) Mail. Submit written comments to methodology and assumptions used; Dated: February 29, 2016. DHS, USCIS, Office of Policy and (3) Enhance the quality, utility, and Samantha Deshommes, Strategy, Chief, Regulatory Coordination clarity of the information to be Acting Chief, Regulatory Coordination Division, 20 Massachusetts Avenue collected; and NW., Washington, DC 20529–2140. Division, Office of Policy and Strategy, U.S. (4) Minimize the burden of the Citizenship and Immigration Services, FOR FURTHER INFORMATION CONTACT: collection of information on those who Department of Homeland Security. are to respond, including through the USCIS, Office of Policy and Strategy, [FR Doc. 2016–04769 Filed 3–2–16; 8:45 am] Regulatory Coordination Division, use of appropriate automated, Samantha Deshommes, Acting Chief, 20 electronic, mechanical, or other BILLING CODE 9111–97–P Massachusetts Avenue NW., technological collection techniques or Washington, DC 20529–2140, telephone other forms of information technology,

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DEPARTMENT OF HOMELAND notice. It is not for individual case Overview of This Information SECURITY status inquiries. Applicants seeking Collection information about the status of their (1) Type of Information Collection: U.S. Citizenship and Immigration individual cases can check Case Status Extension, Without Change, of a Services Online, available at the USCIS Web site Currently Approved Collection. [OMB Control Number 1615–0124] at http://www.uscis.gov, or call the (2) Title of the Form/Collection: USCIS National Customer Service Consideration of Deferred Action for Agency Information Collection Center at 800–375–5283 (TTY 800–767– Childhood Arrivals. Activities: Consideration of Deferred 1833). (3) Agency form number, if any, and Action for Childhood Arrivals, Form I– SUPPLEMENTARY INFORMATION: the applicable component of the DHS 821D; Extension, Without Change, of a sponsoring the collection: I–821D; Currently Approved Collection Comments USCIS. (4) Affected public who will be asked AGENCY: U.S. Citizenship and You may access the information or required to respond, as well as a brief Immigration Services, Department of collection instrument with instructions, Homeland Security. abstract: Primary: Individuals or or additional information by visiting the Households. The information collected ACTION: 60-Day notice. Federal eRulemaking Portal site at: on this form is used by USCIS to http://www.regulations.gov and enter SUMMARY: determine eligibility of certain The Department of Homeland USCIS–2012–0012 in the search box. Security (DHS), U.S. Citizenship and individuals who were brought to the Regardless of the method used for Immigration (USCIS) invites the general United States as children and meet the submitting comments or material, all public and other Federal agencies to following guidelines to be considered submissions will be posted, without comment upon this proposed extension for deferred action for childhood change, to the Federal eRulemaking of a currently approved collection of arrivals: Portal at http://www.regulations.gov, information. In accordance with the 1. Were under the age of 31 as of June Paperwork Reduction Act (PRA) of and will include any personal 15, 2012; 1995, the information collection notice information you provide. Therefore, 2. Came to the United States before is published in the Federal Register to submitting this information makes it reaching their 16th birthday, and obtain comments regarding the nature of public. You may wish to consider established residence at that time; the information collection, the limiting the amount of personal 3. Have continuously resided in the categories of respondents, the estimated information that you provide in any United States since June 15, 2007, up to burden (i.e. the time, effort, and voluntary submission you make to DHS. the present time; resources used by the respondents to DHS may withhold information 4. Were present in the United States respond), the estimated cost to the provided in comments from public on June 15, 2012, and at the time of respondent, and the actual information viewing that it determines may impact making their request for consideration collection instruments. the privacy of an individual or is of deferred action with USCIS; offensive. For additional information, 5. Entered without inspection before DATES: Comments are encouraged and please read the Privacy Act notice that June 15, 2012, or their lawful will be accepted for 60 days until May is available via the link in the footer of immigration status expired as of June 2, 2016. http://www.regulations.gov. 15, 2012; ADDRESSES: All submissions received 6. Are currently in school, have Written comments and suggestions must include the OMB Control Number graduated or obtained a certificate of from the public and affected agencies 1615–0124 in the subject box, the completion from high school, have should address one or more of the agency name and Docket ID USCIS– obtained a general education following four points: 2012–0012. To avoid duplicate development certificate, or are an submissions, please use only one of the (1) Evaluate whether the proposed honorably discharged veteran of the following methods to submit comments: collection of information is necessary Coast Guard or Armed Forces of the (1) Online. Submit comments via the for the proper performance of the United States; and Federal eRulemaking Portal Web site at functions of the agency, including 7. Have not been convicted of a http://www.regulations.gov under e- whether the information will have felony, significant misdemeanor, three Docket ID number USCIS–2012–0012; practical utility; or more other misdemeanors, and do not (2) Email. Submit comments to (2) Evaluate the accuracy of the otherwise pose a threat to national [email protected]; agency’s estimate of the burden of the security or public safety. (3) Mail. Submit written comments to proposed collection of information, These individuals will be considered DHS, USCIS, Office of Policy and including the validity of the for relief from removal from the United Strategy, Chief, Regulatory Coordination methodology and assumptions used; States or from being placed into removal Division, 20 Massachusetts Avenue proceedings as part of the deferred NW., Washington, DC 20529–2140. (3) Enhance the quality, utility, and action for childhood arrivals process. clarity of the information to be FOR FURTHER INFORMATION CONTACT: Those who submit requests with USCIS USCIS, Office of Policy and Strategy, collected; and and demonstrate that they meet the Regulatory Coordination Division, (4) Minimize the burden of the threshold guidelines may have removal Samantha Deshommes, Acting Chief, 20 collection of information on those who action in their case deferred for a period Massachusetts Avenue NW., are to respond, including through the of two years, subject to renewal (if not Washington, DC 20529–2140, telephone use of appropriate automated, terminated), based on an individualized, number 202–272–8377 (This is not a electronic, mechanical, or other case by case assessment of the toll-free number. Comments are not technological collection techniques or individual’s equities. Only those accepted via telephone message). Please other forms of information technology, individuals who can demonstrate, note contact information provided here e.g., permitting electronic submission of through verifiable documentation, that is solely for questions regarding this responses. they meet the threshold guidelines will

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be considered for deferred action for FOR FURTHER INFORMATION CONTACT: Environment, and Public Comment childhood arrivals, except in Deputy Realty Officer Rachel McManus, (PEPC) Web site http:// exceptional circumstances. National Park Service, Land Resources parkplanning.nps.gov/saju the San Juan (5) An estimate of the total number of Program Center, Northeast Region, New National Historic Site Web site, and in respondents and the amount of time England Office, 115 John Street, 5th local media outlets. estimated for an average respondent to Floor, Lowell, MA 01852, telephone ADDRESSES: San Juan National Historic respond: 58,314 respondents responding (978) 970–5260. Site, 501 Calle Norzagaray, San Juan, for initial request at 3 hours per SUPPLEMENTARY INFORMATION: Notice is Puerto Rico 00901. response and 200,306 respondents hereby given that, pursuant to 54 U.S.C. FOR FURTHER INFORMATION CONTACT: responding for renewal request at 3 100506(c), the boundary of Saratoga Walter J. Chavez, San Juan National hours per response. National Historical Park is modified to Historic Site, 501 Calle Norzagaray, San (6) An estimate of the total public include an adjoining tract containing Juan, Puerto Rico 00901, by phone at burden (in hours) associated with the 169 acres of land. The boundary (787) 729–6777. collection: The total estimated annual revision is depicted on Map No. 374/ hour burden associated with this SUPPLEMENTARY INFORMATION: Pursuant 127824, dated February 5, 2015. to the National Environmental Policy collection is 775,860 hours. 54 U.S.C. 100506(c) provides that, Act, 42 U.S.C. 4321 et seq., NPS (7) An estimate of the total public after notifying the House Committee on announces the termination of the EIS for burden (in cost) associated with the Natural Resources and the Senate the Paseo del Morro National collection: The estimated total annual Committee on Energy and Natural Recreational Trail Extension, San Juan cost burden associated with this Resources, the Secretary of the Interior National Historic Site, San Juan, Puerto collection of information is $44,353,330. is authorized to make this boundary Rico. A Notice of Intent to prepare an revision upon publication of notice in Dated: February 25, 2016. EIS was published in the Federal the Federal Register. The Committees Samantha Deshommes, Register on November 15, 2012 (77 FR have been notified of this boundary Acting Chief, Regulatory Coordination 68146, Column 3). The NPS then revision. This boundary revision and Division, Office of Policy and Strategy, U.S. engaged in a scoping process which subsequent acquisition will ensure Citizenship and Immigration Services, included public meetings and Department of Homeland Security. preservation and protection of the park’s consultation with federal agencies, and scenic and historic resources. [FR Doc. 2016–04663 Filed 3–2–16; 8:45 am] the initial development of a range of BILLING CODE 9111–97–P Dated: January 6, 2016. management alternatives with Michael A. Caldwell, preliminary environmental impact Regional Director, Northeast Region. assessment. Due to the results of the DEPARTMENT OF THE INTERIOR [FR Doc. 2016–04644 Filed 3–2–16; 8:45 am] preliminary analysis of the alternatives BILLING CODE 4310–WV–P and removal of a proposed project National Park Service element, the NPS has determined that [NPS–NER–SARA–19331; there is no potential for significant PS.SSARA0003.00.1] DEPARTMENT OF THE INTERIOR impacts to park resources and values. In addition, no concerns or issues were Minor Boundary Revision at Saratoga National Park Service expressed during the public scoping National Historical Park [NPS–SERO–SAJU–19519; PPSESEROC3, process that would indicate the AGENCY: National Park Service, Interior. PMP00UP05.YP0000] potential for highly controversial impacts. For these reasons, the NPS ACTION: Notification of boundary Environmental Impact Statement for determined the proposal would not revision. the San Juan Promenade Extension constitute a major federal action SUMMARY: The boundary of Saratoga Project From El Morro Floating Battery requiring an EIS. National Historical Park is modified to Area to San Juan Bautista Plaza The responsible official is the Regional Director, NPS Southeast include approximately 169 acres of AGENCY: National Park Service, Interior. land, more or less, located in Saratoga Region, 100 Alabama Street SW., 1924 ACTION: Notice of termination. County, New York, immediately Building, Atlanta, Georgia 30303. adjoining the boundary of Saratoga SUMMARY: The National Park Service Dated: February 2, 2016. National Historical Park. Subsequent to (NPS) is terminating preparation of an Shawn T. Benge, the boundary revision, the National Park environmental impact statement (EIS) Acting Regional Director, Southeast Region. Service will acquire the land by for the San Juan Promenade Extension [FR Doc. 2016–04645 Filed 3–2–16; 8:45 am] purchase from Open Space project from El Morro Floating Battery BILLING CODE 4310–JD–P Conservancy, Inc., a nonprofit Area to San Juan Bautista Plaza in San conservation organization. Juan National Historic Site, Puerto Rico. DATES: The effective date of this Instead, the NPS will be preparing an INTERNATIONAL TRADE boundary revision is March 3, 2016. environmental assessment (EA) to assist COMMISSION ADDRESSES: The map depicting this the NPS in evaluating the impacts of the boundary revision is available for proposed extension of Paseo del Morro. [Investigation No. 332–556] inspection at the following locations: DATES: The EA for the extension of National Park Service, Land Resources Paseo del Morro National Recreational Generalized System of Preferences: Program Center, Northeast Region, New Trail is expected to be distributed for Possible Modifications, 2015 Review England Office, 115 John Street, 5th public comment in the winter of 2016. AGENCY: United States International Floor, Lowell, MA 01852, and National The public comment period for the EA Trade Commission. Park Service, Department of the Interior, and the dates, times, and locations of ACTION: Change in scope of 1849 C Street NW., Washington, DC public meetings will be announced investigation. 20240. through the NPS Planning,

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SUMMARY: Following receipt of a letter may be obtained from Mahnaz Khan, Commission that several petitioners on behalf of the United States Trade Project Leader, Office of Industries have withdrawn requests for waivers of Representative (USTR) dated February (202–205–2046 or mahnaz.khan@ the competitive need limitation (CNL) 16, 2016, advising that several usitc.gov), Jessica Pugliese, Deputy under the GSP program, and that in petitioners have withdrawn requests for Project Leader, Office of Industries view of the withdrawals USTR is waivers of the competitive need (202–205–3064 or jessica.pugliese@ withdrawing its request for Commission limitation under the Generalized System usitc.gov), or Cynthia Foreso, Technical advice as to whether any industry in the of Preferences (GSP) program and that Advisor, Office of Industries (202–205– United States is likely to be adversely USTR accordingly was withdrawing its 3348 or [email protected]). For affected by the waiver of the CNLs, request for advice regarding such information on the legal aspects of this whether like or directly competitive petitions, the U.S. International Trade investigation, contact William Gearhart products were being produced in the Commission (Commission) has of the Commission’s Office of the United States on January 1, 1995, and amended the scope of its investigation General Counsel (202–205–3091 or what would be the probable economic and will not provide advice regarding [email protected]). The media effect on total U.S. imports, as well as the withdrawn petitions. should contact Margaret O’Laughlin, on consumers, of the subject CNL Office of External Relations (202–205– ADDRESSES: All Commission offices, waivers. The letter asked that the 1819 or [email protected]). Commission continue with its analysis including the Commission’s hearing Hearing-impaired individuals may of all other petitions cited in the rooms, are located in the United States obtain information on this matter by December 30, 2015 and January 12, 2016 International Trade Commission contacting the Commission’s TDD letters from Ambassador Michael Building, 500 E Street SW., Washington, terminal at 202–205–1810. General DC. All written submissions should be information concerning the Commission Froman. addressed to the Secretary, United may also be obtained by accessing its As a result, the Commission is States International Trade Commission, Web site (http://www.usitc.gov). Persons terminating the portion of its 500 E Street SW., Washington, DC with mobility impairments who will investigation that concerns the waivers 20436. The public record for this need special assistance in gaining access that are the subject of the withdrawn investigation may be viewed on the to the Commission should contact the petitions and will not provide advice Commission’s electronic docket (EDIS) Office of the Secretary at 202–205–2000. regarding them. The withdrawn at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: petitions concern the following articles, FOR FURTHER INFORMATION CONTACT: Background: The February 16, 2016, HTS subheadings, countries, and Information specific to this investigation letter from USTR advised the petitioners:

HTS subheading Brief description Country Petitioner

1509.10.40 ...... Virgin olive oil and its fractions, whether or not refined, Tunisia ...... Government of Tunisia. not chemically modified, weighing with the immediate container 18 kg or over. 2804.29.00 ...... Rare gases, other than argon ...... Ukraine ...... Government of Ukraine. 4202.92.04 ...... Insulated beverage bag w/outer surface textiles, inte- Philippines ...... Camelbak Products. rior only flexible plastic container storing/dispensing beverage thru flexible tubing. 6911.10.37 ...... Porcelain or china (o/than bone china) household Indonesia ...... Lenox Corporation. table & kitchenware in sets in which aggregate val. of arts./US not 6 (b) o/$56 n/o $200.

In response to the USTR’s letter of in this investigation remain the same as DEPARTMENT OF LABOR December 30, 2015, the Commission previously announced, as does the published its notice of institution of this information relating to the filing of Employment and Training investigation and the scheduling of a those documents. As previously Administration public hearing in connection therewith announced, the Commission expects to Comment Request for Information in the Federal Register on January 19, transmit its report in this investigation Collection for Contractor Information 2016 (81 FR 2904). As stated in that to the USTR by April 28, 2016. notice, the public hearing in this Gathering, Extension Without Changes By order of the Commission. investigation (concerning the remaining AGENCY: Employment and Training Issued: February 26, 2016. articles) was held on February 24, 2016. Administration (ETA), Department of In response to the USTR’s letter of William R. Bishop, Labor (Department). January 12, 2016, the Commission Supervisory Hearings and Information ACTION: Notice. published a notice in the Federal Officer. Register on January 22, 2016 (81 FR [FR Doc. 2016–04649 Filed 3–2–16; 8:45 am] SUMMARY: The Department, as part of its 3819) to expand the scope of the BILLING CODE 7020–02–P continuing effort to reduce paperwork investigation to provide probable and respondent burden, is conducting a economic effect advice with regard to preclearance consultation to provide the certain handbags and travel goods public and Federal agencies with an products covered by five additional HTS opportunity to comment on continuing statistical reporting numbers. collection for contractor information in The hearing date and deadlines for accordance with the Paperwork filing pre-hearing and post-hearing Reduction Act of 1995 [44 U.S.C. briefs and all other written submissions 3506(c)(2)(A)].

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The PRA helps ensure that the licensures, and pre-apprenticeship directly from operational needs or are requested data collected by the Job credentials. necessary to ensure compliance with Corps program can be provided in the Job Corps is a national program Federal requirements and the terms of desired format, reporting burden (time administered by the U.S. Department of the contract. and financial resources) is minimized, Labor (Department) through the Job Corps contractors and operators collection instruments are clearly National Office of Job Corps and six are required to provide information understood, and the impact of collection Regional Offices. The Department which is used for, among other things, requirements on respondents can be awards and administers contracts for the the generation of statistical reports by properly assessed. Updates to this recruiting and screening of new Federal Job Corps staff rather than the information collection include: students, center operations, and the contractors. Reports are generated from • The incorporation of the Workforce placement and transitional support of data that is entered directly by Innovation and Opportunity Act graduates and former enrollees. Large contractors. Examples of this data (WIOA) as Job Corps’ statutory and small corporations and nonprofit includes ETA Forms 2110 (Center authority; organizations manage and operate 99 Financial Report), 2181 & 2181A (Center • The addition of two new Job Corps Job Corps centers under contractual Operations Budget), 6–131A centers; agreements with the Department. These (Disciplinary Discharge), 6–131B • Revised burden hours. contract center operators are selected (Review Board Hearings), 6–131C Currently, ETA is soliciting comments through a competitive procurement (Rights to Appeal), 6–40 (Student process that evaluates potential concerning the collection of data about Profile), 6–61 (Notice of Termination) operators’ technical expertise, proposed contractor information gathering and and 3–38 (Property Inventory costs, past performance, and other reporting requirements (expiration date Transcription.) factors, in accordance with WIOA, the May 31, 2016). In addition, several forms pertain to Competition in Contracting Act and the student and facility administrative DATES: Written comments must be Federal Acquisition Regulations. The matters and are provided in Portable submitted to the office listed in the remaining 27 Job Corps centers, called Data File (PDF) format. These forms addresses section below on or before Civilian Conservation Centers, are include the OJC 6–37 (Inspection May 2, 2016. operated by the U.S. Department of Residential & Educational Facilities), ADDRESSES: Submit written comments Agriculture—Forest Service, via an OJC 6–38 (Inspection Water Supply to Robert L. Mhoon, Office of Job Corps, interagency agreement. Facilities), and OJC 6–39 (Inspection of Room N–4507, Employment and II. Review Focus Waste Treatment Facilities). Training Administration, U.S. Department of Labor, 200 Constitution The Department is particularly Finally, the following are documents Avenue NW., Washington, DC 20210. interested in comments which: that center operators and other • Telephone number: 202–693–3211 (this Evaluate whether the proposed contractors are required to create, is not a toll-free number). Individuals collection of information is necessary complete, or maintain according to the with hearing or speech impairments for the proper performance of the Job Corps Policy Requirements may access the telephone number above functions of the agency, including Handbook (PRH): Center Operations via TTY by calling the toll-free Federal whether the information will have Plan, Center Maintenance Program, Information Relay Service at 877–889– practical utility; Annual Career Technical Skills Training • evaluate the accuracy of the 5627 (TTY/TDD). Fax: 202–693–3113. (CTST), Annual Staff Training, Energy agency’s estimate of the burden of the Email: [email protected]. Conservation, Outreach/Public proposed collection of information, Education Plan, Health and Wellness SUPPLEMENTARY INFORMATION: including the validity of the Center Annual Program Description, I. Background methodology and assumptions used; Health Services Utilization Report, • enhance the quality, utility, and Alcohol Testing Report and Job Corps is the nation’s largest clarity of the information to be Immunization Record. residential, educational, and career collected; and technical training program for at-risk • Type of Review: Extension with minor minimize the burden of the changes. youth. Job Corps was established in collection of information on those who Title: Standard Job Corps Contractor 1964 by the Economic Opportunity Act respond, including through appropriate Information Gathering. and currently is authorized by WIOA. automated, electronic, mechanical, or For over 50 years, Job Corps has helped other technological collection OMB Number: 1205–0219. prepare nearly 2.9 million at-risk youth techniques or other forms of information Affected Public: Businesses, for profit between the ages of 16 and 24 for technology (e.g., permitting electronic and not-for-profit institutions, and success in our nation’s workforce. With submissions of responses). Tribal governments. 126 centers in 50 states, Puerto Rico, Recordkeeping: Data collection for the and the District of Columbia, Job Corps III. Current Actions Center Financial and the Center assists students across the nation in The operation of the Job Corps Operations Budget Reports is made at attaining academic credentials, program is such that many activities least quarterly, and is essential to ensure including a High School Diploma (HSD) required of contractors must be contractor financial compliance with and/or High School Equivalency (HSE) coordinated with other organizations, contractual requirements and to enable attainment, and career technical training both Federal and non-federal. Most of effective oversight of the program. The credentials, including industry- the information collection requirements total burden associated with these recognized certifications, state of Job Corps center operators stem activities is 4,536 hours.

Number of Submissions Total annual Hours per Total burden Required activity ETA form No. respondents per year submissions submission hours

Center Financial Report ...... 2110 126 12 1,512 2 3,024

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Number of Submissions Total annual Hours per Total burden Required activity ETA form No. respondents per year submissions submission hours

Center Operations Budget ...... 2181 126 4 504 3 1,512

Total ...... 4,536

Center staff members enter data Certain student personnel initial data entry is maintained in the utilizing a personal computer that requirements such as student payroll national database and used for multiple transmits the data electronically to a information, student training and reporting purposes, therefore reducing centralized database. Many management education courses received, student the need to enter the data more than and performance reports are created leave, disciplinary actions and medical once. The total burden associated with from this database. information are also collected in an the input of data is 36,145 hours. electronic information system. The

Number of Submissions Total annual Hours per Total burden Required activity ETA form No. respondents per year submissions submission hours

Disciplinary Discharge ...... 6–131A 126 86 10,895 1 10,895 Review Board Hearings ...... 6–131B 126 86 10,895 1 10,895 Rights to Appeal ...... 6–131C 126 86 10,895 1 10,895 Student Profile ...... 6–40 126 412 51,945 0.01875 974 Notice of Termination ...... 6–61 126 412 51,945 0.01875 974 Property Inventory ...... 3–28 126 12 1,512 1 1,512

Total ...... 36,145

Major record keeping and operational PDF format. The total burden for forms listed below that pertain to processing these forms is 997 hours. student facility matters are provided in

Number of Submissions Total annual Hours per Total burden Required activity ETA form No. respondents per year submissions submission hours

Inspection of Residential & Educational Facilities ...... OJC 6–37 126 4 504 0.5 252 Inspection of Water Supply Facilities ...... OJC 6–38 126 4 504 1.25 630 Inspection of Waste Treatment Facilities OJC 6–39 23 4 92 1.25 115

Total ...... 997

A total of 12,764 burden hours are are required for the operation of a Job estimated for the preparation of the Corps center. Center Operating Plans listed below that

Collection Number of Submissions Total annual Hours per Total burden Required activity method respondents per year submissions submission hours

Center Operation Plan ...... PRH Provided ... 126 1 126 30 3,780 Center Maintenance Plan ...... PRH Provided ... 126 1 126 5 630 Annual CTST ...... PRH Provided ... 126 1 126 24 3,024 Annual Staff Training ...... PRH Provided ... 126 1 126 1 126 Energy Conservation ...... PRH Provided ... 126 1 126 5 630 Outreach/Public Education Plan ...... PRH Provided ... 126 1 126 2 252 Health and Wellness Center Annual PRH Provided ... 126 1 126 0.5 63 Program Description. Health Services Utilization Report ...... PRH Provided ... 126 12 1512 1 1,512 Alcohol Testing Report ...... PRH Provided ... 126 12 1512 0.08 126 Immunization Record ...... PRH Provided ... 126 416 52,410 0.05 2,621

Total ...... 12,764

Total Estimated Burden: 54,442 centers. The Center Information System system is estimated to be $2.7 million hours. allows all centers to directly input data per year for hardware and software. Total Burden Cost (Capital/Startup): into a national database. The Total Burden Cost (Operating/ The Office of Job Corps has automated maintenance cost associated with the Maintaining): The costs to contractors the data collection process for its for accomplishing record keeping

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requirements are computed by the SUPPLEMENTARY INFORMATION: The The agenda for the meeting includes Federal government annually. While United States Copyright Office is the following topics: precise costs cannot be identified, at the undertaking a public study to evaluate —Space Technology Mission Directorate present time and based on past the impact and effectiveness of the FY 2017 Budget and Update experience, the annual related costs for DMCA safe harbor provisions contained —FY 2016–2017 Technology Plans for contractor staff are estimated to be in section 512 of Title 17. On December the Human Exploration and $1,524,376, which represents an average 31, 2015, the Office issued a Notice of Operations Mission Directorate and cost of $28.00 per hour. Inquiry seeking public input on several the Science Mission Directorate and Comments submitted in response to questions relating to that topic. See 80 Discussion this comment request will be FR 81862 (Dec. 31, 2015). To ensure that —Office of the Chief Technologist summarized and/or included in the commenters have sufficient time to Update request for Office of Management and respond, the Office is extending the —Technology Demonstration Missions Budget approval of the information deadline for the submission of initial Program Update collection request; they will also comments in response to the Notice to —Restore-L Mission Overview and become a matter of public record. April 1, 2016, at 11:59 p.m. Eastern Discussion Time. Please note that in light of the Portia Wu, expected time frame for this study, the Attendees will be requested to sign a Assistant Secretary for Employment and Office is unlikely to grant further register and to comply with NASA Training, Labor. extensions for these comments. security requirements, including the [FR Doc. 2016–04631 Filed 3–2–16; 8:45 am] presentation of a valid picture ID, before Dated: February 25, 2016. BILLING CODE 4510–FT–P receiving access to NASA Headquarters. Maria A. Pallante, Due to the Real ID Act, Public Law 109– Register of Copyrights, U.S. Copyright Office. 13, any attendees with drivers licenses LIBRARY OF CONGRESS [FR Doc. 2016–04641 Filed 3–2–16; 8:45 am] issued from non-compliant states/ BILLING CODE 1410–30–P territories must present a second form of Copyright Office ID. [Federal employee badge; passport; active military identification card; [Docket No. 2015–7] NATIONAL AERONAUTICS AND enhanced driver’s license; U.S. Coast Section 512 Study: Extension of SPACE ADMINISTRATION Guard Merchant Mariner card; Native Comment Period [Notice: (16–019)] American tribal document; school identification accompanied by an item AGENCY: U.S. Copyright Office, Library NASA Advisory Council; Technology, from LIST C (documents that establish of Congress. Innovation and Engineering employment authorization) from the ACTION: Extension of comment period. Committee; Meeting ‘‘List of the Acceptable Documents’’ on Form I–9]. Non-compliant states/ SUMMARY: The United States Copyright AGENCY: National Aeronautics and territories are: American Samoa, Illinois, Office is extending the deadline for the Space Administration Minnesota, Missouri, New Mexico, and submission of written comments in ACTION: Notice of meeting. Washington, Foreign nationals attending response to its December 31, 2015 SUMMARY: In accordance with the this meeting will be required to provide Notice of Inquiry regarding the a copy of their passport and visa in operation of section 512 of Title 17. Federal Advisory Committee Act, Public Law 92–463, as amended, the National addition to providing the following DATES: Initial written comments are now Aeronautics and Space Administration information no less than 10 working due no later than 11:59 p.m. Eastern (NASA) announces a meeting of the days prior to the meeting: Full name; Time on April 1, 2016. Technology, Innovation and gender; date/place of birth; citizenship; ADDRESSES: The Copyright Office is Engineering (TI&E) Committee of the visa information (number, type, using the regulations.gov system for the NASA Advisory Council (NAC). expiration date); passport information (number, country, expiration date); submission and posting of public DATES: Tuesday, March 29, 2016, 8:00 comments in this proceeding. All a.m. to 5:00 p.m., Local Time. employer/affiliation information (name of institution, address, country, comments are therefore to be submitted ADDRESSES: NASA Headquarters, Room telephone); title/position of attendee; electronically through regulations.gov. MIC 6A, 300 E Street SW., Washington, and home address to Ms. Anyah Specific instructions for submitting DC 20546. comments are available on the Dembling via email at anyah.dembling@ FOR FURTHER INFORMATION CONTACT: Mr. Copyright Office Web site at http:// nasa.gov or by telephone at (202) 358– Mike Green, Space Technology Mission 5195. U.S. citizens and Permanent copyright.gov/policy/section512/ Directorate, NASA Headquarters, comment-submission/. If electronic Residents (green card holders) are Washington, DC 20546, (202) 358–4710, requested to submit their name and submission of comments is not feasible, or [email protected]. please contact the Office using the affiliation no less than 3 working days SUPPLEMENTARY INFORMATION: The contact information below for special prior to the meeting to Ms. Anyah meeting will be open to the public up instructions. Dembling. It is imperative that this to the capacity of the room. This meeting be held on this date to FOR FURTHER INFORMATION CONTACT: meeting is also available telephonically accommodate the scheduling priorities Jacqueline C. Charlesworth, General and online via WebEx. Any interested of the key participants. Counsel and Associate Register of person may call the USA toll-free Copyrights, [email protected]; or conference number 1–844–467–6272, Patricia D. Rausch, Karyn Temple Claggett, Director of the passcode 102421, to participate in this Advisory Committee Management Officer, Office of Policy and International meeting by telephone. The WebEx link National Aeronautics and Space Affairs and Associate Register of is https://nasa.webex.com/, the meeting Administration. Copyrights, [email protected]. Each can be number is 992 399 346, and the [FR Doc. 2016–04766 Filed 3–2–16; 8:45 am] ∧ reached by telephone at (202) 707–8350. password is ‘‘Technology16 ’’. BILLING CODE P

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NATIONAL FOUNDATION ON THE session of the meeting, go to http:// SPVP, LLC., and the City of Dalton, ARTS AND THE HUMANITIES artsgov.adobeconnect.com/nca- Georgia (together ‘‘the licensee’’); for march2016-webcast/event/ construction and operation of the Vogtle National Endowment for the Arts registration.html. Electric Generating Plant (VEGP) Units If, in the course of the open session 3 and 4, located in Burke County, National Council on the Arts 187th discussion, it becomes necessary for the Georgia. Meeting Council to discuss non-public The granting of the exemption allows AGENCY: National Endowment for the commercial or financial information of the changes to Tier 1 information Arts, National Foundation on the Arts intrinsic value, the Council will go into requested in the amendment. Because and the Humanities. closed session pursuant to subsection the acceptability of the exemption was determined in part by the acceptability ACTION: Notice of meeting. (c)(4) of the Government in the Sunshine Act, 5 U.S.C. 552b, and in of the amendment, the exemption and SUMMARY: Pursuant to section 10(a)(2) of accordance with the February 15, 2012 amendment are being issued the Federal Advisory Committee Act determination of the Chairman. concurrently. (Pub. L. 92–463), as amended, notice is Additionally, discussion concerning DATES: March 3, 2016. hereby given that a meeting of the purely personal information about ADDRESSES: Please refer to Docket ID National Council on the Arts will be individuals, such as personal NRC–2008–0252 when contacting the held in Conference Room 3063/3064 biographical and salary data or medical NRC about the availability of and Conference Rooms A & B at information, may be conducted by the information regarding this document. Constitution Center, 400 7th St. SW., Council in closed session in accordance You may obtain publicly-available Washington, DC 20506. Agenda times with subsection (c)(6) of 5 U.S.C. 552b. information related to this document are approximate. Any interested persons may attend, as using any of the following methods: DATES: Wednesday, March 23, 2016 observers, Council discussions and • Federal Rulemaking Web site: Go to from 12:30 p.m. to 2:30 p.m. and reviews that are open to the public. If http://www.regulations.gov and search Thursday, March 24, 2016 from 9:00 you need special accommodations due for Docket ID NRC–2008–0252. Address a.m. to 11:30 a.m. to a disability, please contact the Office questions about NRC dockets to Carol FOR FURTHER INFORMATION CONTACT: of Accessibility, National Endowment Gallagher; telephone: 301–415–3463; Office of Public Affairs, National for the Arts, 1100 Pennsylvania Avenue email: [email protected]. For Endowment for the Arts, Washington, NW., Washington, DC 20506, 202/682– technical questions, contact the DC 20506, at 202/682–5570. 5733, Voice/T.T.Y. 202/682–5496, at individual listed in the FOR FURTHER SUPPLEMENTARY INFORMATION: The least seven (7) days prior to the meeting. INFORMATION CONTACT section of this document. meeting on March 23rd from 12:30 p.m. Dated: February 29, 2016. • to 2:30 p.m., will be in Conference Kathy Plowitz-Worden, NRC’s Agencywide Documents Access and Management System Room 3063/3064 and will be closed for Panel Coordinator, Office of Guidelines and discussion of National Medal of Arts Panel Operations. (ADAMS): You may obtain publicly- nominations. The meeting on March available documents online in the [FR Doc. 2016–04665 Filed 3–2–16; 8:45 am] ADAMS Public Documents collection at 24th, in Conference Rooms A & B from BILLING CODE 7537–01–P 9:30 a.m. to 11:30 a.m., will be open to http://www.nrc.gov/reading-rm/ the public on a space available basis. adams.html. To begin the search, select The tentative agenda is as follows: The ‘‘ADAMS Public Documents’’ and then NUCLEAR REGULATORY select ‘‘Begin Web-based ADAMS meeting will begin at 9:00 a.m. with COMMISSION opening remarks and voting on Search. ’’For problems with ADAMS, recommendations for funding and [Docket Nos. 52–025 and 52–026; NRC– please contact the NRC’s Public rejection and guidelines, followed by 2008–0252] Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by updates from the Chairman. There also Vogtle Electric Generating Station, will be the following presentations email to [email protected]. The Units 3 and 4; Southern Nuclear ADAMS accession number for each (times are approximate): From 9:30 a.m. Operating Company; Addition of to 9:45 a.m.—Presentation on 50th document referenced (if it is available in Instruments to Design Reliability ADAMS) is provided the first time that Anniversary videos (Jessamyn Assurance Program (D–RAP) Sarmiento, Director of Public Affairs, a document is referenced. The request for the amendment and exemption was NEA); from 9:45 a.m. to 10:15 a.m.— AGENCY: Nuclear Regulatory submitted by letter dated October 7, Presentation on IMPart at the Art Commission. League of Alexandria (Suzanne Bethel, 2014 (ADAMS Accession No. ACTION: Exemption and combined ML14280A391) and supplemented by Executive Director of the Art League of license amendment; issuance. Alexandria); from 10:15 a.m.–10:45 letter dated September 4, 2015 (ADAMS a.m.—Presentation on ‘‘All the Way SUMMARY: The U.S. Nuclear Regulatory Accession No. ML15247A515). • NRC’s PDR: You may examine and Home’’ (Marty Pottenger, Executive Commission (NRC) is granting an purchase copies of public documents at Director, Terra Moto Inc.); and from exemption to allow a departure from the the NRC’s PDR, Room O1–F21, One 10:45 a.m.–11:15 a.m.—Presentation on certification information of Tier 1 of the White Flint North, 11555 Rockville Hot Shop for Heroes Program (Deborah generic design control document (DCD) Pike, Rockville, Maryland 20852. Lenk, Executive Director, Museum of and is issuing License Amendment No. Glass). From 11:00–11:15 there will be 43 to Combined Licenses (COLs), NPF– FOR FURTHER INFORMATION CONTACT: concluding remarks from the Chairman 91 and NPF–92. The COLs were issued Ruth C. Reyes, Office of New Reactors, and announcement of voting results. to Southern Nuclear Operating U.S. Nuclear Regulatory Commission, The meeting will adjourn at 11:30 a.m. Company, Inc., (SNC), Georgia Power Washington, DC 20555–0001; telephone: The Thursday, March 24th session Company, Oglethorpe Power 301–415–3249; email: Ruth.Reyes@ also will be webcast. To register to Corporation, MEAG Power SPVM, LLC., nrc.gov. watch the webcasting of this open MEAG Power SPVJ, LLC., MEAG Power SUPPLEMENTARY INFORMATION:

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I. Introduction 1. In a letter dated October 7, 2014, complies with the standards and The NRC is granting an exemption and supplemented by letter dated requirements of the Atomic Energy Act from Tier 1 information in the certified September 4, 2015, the licensee of 1954, as amended (the Act), and the DCD incorporated by reference in part requested from the Commission an Commission’s rules and regulations. 52 of title 10 of the Code of Federal exemption to allow departures from Tier The Commission has made appropriate Regulations (10 CFR), appendix D, 1 information in the certified DCD findings as required by the Act and the ‘‘Design Certification Rule for the incorporated by reference in 10 CFR Commission’s rules and regulations in AP1000 Design,’’ and issuing License part 52, appendix D as part of license 10 CFR Chapter I, which are set forth in Amendment No. 43 to COLs, NPF–91 amendment request 14–006, ‘‘Addition the license amendment. A notice of consideration of issuance and NPF–92, to the licensee. The of Instruments to Design Reliability of amendment to facility operating exemption is required by Paragraph A.4 Assurance Program (D–RAP).’’ license or combined license, as of Section VIII, ‘‘Processes for Changes For the reasons set forth in Section 3.1 applicable, proposed no significant and Departures,’’ appendix D to 10 CFR of the NRC staff’s Safety Evaluation that hazards consideration determination, part 52 to allow the licensee to depart supports this license amendment, which and opportunity for a hearing in from Tier 1 information. With the can be found at ADAMS Accession No. connection with these actions, was requested amendment, the licensee ML15258A559, the Commission finds published in the Federal Register on sought a change to the feedwater that: A. The exemption is authorized by July 7, 2015 (80 FR 38761). The controller program so it will respond as law; September 4, 2015, supplement had no required to plant transients while B. the exemption presents no undue effect on the no significant hazards minimizing the potential for actuation risk to public health and safety; consideration determination, and no when it is not desirable. C. the exemption is consistent with comments were received during the 30- Part of the justification for granting the common defense and security; the exemption was provided by the day comment period. D. special circumstances are present The Commission has determined that review of the amendment. Because the in that the application of the rule in this these amendments satisfy the criteria for exemption is necessary in order to issue circumstance is not necessary to serve categorical exclusion in accordance the requested license amendment, the the underlying purpose of the rule; with 10 CFR 51.22. Therefore, pursuant NRC granted the exemption and issued E. the special circumstances outweigh to 10 CFR 51.22(b), no environmental the amendment concurrently, rather any decrease in safety that may result impact statement or environmental than in sequence. This included issuing from the reduction in standardization assessment need be prepared for these a combined safety evaluation containing caused by the exemption; and amendments. the NRC staff’s review of both the F. the exemption will not result in a exemption request and the license significant decrease in the level of safety IV. Conclusion amendment. The exemption met all otherwise provided by the design. Using the reasons set forth in the applicable regulatory criteria set forth in 2. Accordingly, the licensee is granted combined safety evaluation, the staff 10 CFR 50.12, 10 CFR 52.7, and Section an exemption from the certified DCD granted the exemption and issued the VIII.A.4 of appendix D to 10 CFR part Tier 1, as described in the licensee’s amendment that the licensee requested 52. The license amendment was found request dated October 7, 2014, and on October 7, 2014, as supplemented by to be acceptable as well. The combined supplemented by letter dated September letter dated September 4, 2015. The safety evaluation is available in ADAMS 4, 2015. This exemption is related to, exemption and amendment were issued under Accession No. ML15258A559. and necessary for, the granting of on January 12, 2016 as part of a Identical exemption documents License Amendment No. 43, which is combined package to the licensee (except for referenced unit numbers and being issued concurrently with this (ADAMS Accession No. ML15258A465). license numbers) were issued to the exemption. licensee for VEGP Units 3 and 4 (COLs Dated at Rockville, Maryland, this 25th day 3. As explained in Section 5.0 of the of February 2016. NPF–91 and NPF–92). The exemption NRC staff’s Safety Evaluation that For the Nuclear Regulatory Commission. documents for VEGP Units 3 and 4 can supports this license amendment John McKirgan, be found in ADAMS under Accession (ADAMS Accession No. ML15258A559), Nos. ML15258A536 and ML15258A550, this exemption meets the eligibility Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors. respectively. The exemption is criteria for categorical exclusion set reproduced (with the exception of forth in 10 CFR 51.22(c)(9). Therefore, [FR Doc. 2016–04754 Filed 3–2–16; 8:45 am] abbreviated titles and additional pursuant to 10 CFR 51.22(b), no BILLING CODE 7590–01–P citations) in Section II of this document. environmental impact statement or The amendment documents for COLs environmental assessment needs to be NPF–91 and NPF–92 are available in NUCLEAR REGULATORY prepared in connection with the COMMISSION ADAMS under Accession Nos. issuance of the exemption. ML15258A479 and ML15258A530, 4. This exemption is effective as of the [Docket No. 72–1035: EA–16–005: NRC– respectively. A summary of the date of its issuance. 2016–0046] amendment documents is provided in Section III of this document. III. License Amendment Request In The Matter of Duke Energy By letter dated October 7, 2014, and Corporation, Crystal River Nuclear II. Exemption supplemented by letter dated September Generating Station, Independent Spent Reproduced below is the exemption 4, 2015, the licensee requested that the Fuel Storage Installation: Order document issued to Vogtle Units 3 and NRC amend the COLs for VEGP, Units Modifying License (Effective 4. It makes reference to the combined 3 and 4, COLs NPF–91 and NPF–92. The Immediately) safety evaluation that provides the proposed amendment is described in AGENCY: Nuclear Regulatory reasoning for the findings made by the Section I, above. Commission. NRC (and listed under Item 1) in order The Commission has determined for ACTION: Order; modification. to grant the exemption: these amendments that the application

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SUMMARY: The U.S. Nuclear Regulatory I information provided by the intelligence Commission (NRC) has issued a general The NRC has issued a general license community, the Commission has license to the Duke Energy Corporation to Duke Energy Corporation, (Duke), determined that certain additional (Duke), authorizing the operation of the authorizing the operation of an ISFSI, in security measures (ASMs) are required Crystal River Nuclear Generating Plant accordance with the Atomic Energy Act to address the current threat Independent Spent Fuel Storage of 1954, as amended, and 10 CFR part environment, in a consistent manner Installation (ISFSI), in accordance with 72. This Order is being issued to Duke throughout the nuclear ISFSI its regulations. The Order is being because DUKE has identified near-term community. Therefore, the Commission is imposing requirements, as set forth in issued to Duke to impose additional plans to store spent fuel in an ISFSI Attachments 1 and 2 of this Order, on security requirements because Duke has under the general license provisions of all licensees of these facilities. These identified near term plans to store spent 10 CFR part 72. The Commission’s requirements, which supplement fuel in an ISFSI under the general regulations at 10 CFR 72.212(b)(5), 10 existing regulatory requirements, will license provisions of the NRC’s CFR 50.54(p)(1), and 10 CFR 73.55(c)(5) provide the Commission with regulations. The Order was issued require licensees to maintain safeguards reasonable assurance that the public February 24, 2016, and became effective contingency plan procedures to respond health and safety, and the environment, immediately. to threats of radiological sabotage and to continue to be adequately protected, ADDRESSES: Please refer to Docket ID protect the spent fuel against the threat and that the common defense and NRC–2016–0046 when contacting the of radiological sabotage, in accordance security continue to be adequately NRC about the availability of with 10 CFR part 73, appendix C. protected, in the current threat information regarding this document. Specific physical security requirements environment. These requirements will You may obtain publicly-available are contained in 10 CFR 73.51 or 73.55, remain in effect until the Commission information related to this document as applicable. determines otherwise. using any of the following methods: Inasmuch as an insider has an The Commission recognizes that • Federal Rulemaking Web site: Go to opportunity equal to, or greater than, licensees may have already initiated http://www.regulations.gov and search any other person, to commit radiological many of the measures set forth in for Docket ID NRC–2016–0046. Address sabotage, the Commission has Attachments 1 and 2 to this Order, in questions about NRC dockets to Carol determined these measures to be response to previously issued Gallagher; telephone: 301–415–3463; prudent. Comparable Orders have been Advisories, or on their own. It also email: [email protected]. For issued to all licensees that currently recognizes that some measures may not technical questions, contact the store spent fuel or have identified near- be possible or necessary at some sites, individual(s) listed in the FOR FURTHER term plans to store spent fuel in an or may need to be tailored to INFORMATION CONTACT section of this ISFSI. accommodate the specific document. II circumstances existing at Duke’s • NRC’s Agencywide Documents facility, to achieve the intended Access and Management System On September 11, 2001, terrorists objectives and avoid any unforeseen (ADAMS): You may obtain publicly- simultaneously attacked targets in New effect on the safe storage of spent fuel. available documents online in the York, NY, and near Washington, DC, Although the ASMs implemented by ADAMS Public Documents collection at using large commercial aircraft as licensees in response to the Safeguards http://www.nrc.gov/reading-rm/ weapons. In response to the attacks and and Threat Advisories have been adams.html. To begin the search, select intelligence information subsequently sufficient to promote the common ‘‘ADAMS Public Documents’’ and then obtained, the Commission issued a defense and security and to provide select ‘‘Begin Web-based ADAMS number of Safeguards and Threat reasonable assurance of adequate Search.’’ For problems with ADAMS, Advisories to its licensees to strengthen protection of public health and safety, please contact the NRC’s Public licensees’ capabilities and readiness to in light of the continuing threat Document Room (PDR) reference staff at respond to a potential attack on a environment, the Commission 1–800–397–4209, 301–415–4737, or by nuclear facility. On October 16, 2002, concludes that these actions should be email to [email protected]. the Commission issued Orders to the embodied in an Order, consistent with licensees of operating ISFSIs, to place FOR FURTHER INFORMATION CONTACT: L. the established regulatory framework. the actions taken in response to the To provide assurance that Duke is Raynard Wharton, Office of Nuclear Advisories into the established implementing prudent measures to Material Safety and Safeguards, U.S. regulatory framework and to implement achieve a consistent level of protection Nuclear Regulatory Commission, additional security enhancements that to address the current threat Washington, DC 20555–0001; telephone: emerged from NRC’s ongoing environment, Duke’s general license 301–415–7497; email: comprehensive review. The issued pursuant to 10 CFR 72.210 shall [email protected]. Commission has also communicated be modified to include the requirements SUPPLEMENTARY INFORMATION: with other Federal, State, and local identified in Attachments 1 and 2 to this government agencies and industry Introduction Order. In addition, pursuant to 10 CFR representatives to discuss and evaluate 2.202, I find that, in light of the common Pursuant to section 2.106 of title 10 of the current threat environment in order defense and security circumstances the Code of Federal Regulations (10 to assess the adequacy of security described above, the public health, CFR), the NRC is providing notice, in measures at licensed facilities. In safety, and interest require that this the matter of Duke Energy Corporation’s addition, the Commission has Order be effective immediately. Independent Spent Fuel Storage conducted a comprehensive review of Installation (ISFSI) Order Modifying its safeguards and security programs III License (Effective Immediately). The and requirements. Accordingly, pursuant to Sections 53, text of the Order (w/o attachments, As a result of its consideration of 103, 104, 147, 149, 161b, 161i, 161o, which contain Safeguards Information) current safeguards and security 182, and 186 of the Atomic Energy Act is as follows: requirements, as well as a review of of 1954, as amended, and the

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Commission’s regulations in 10 CFR compliance with each requirement accordance with the NRC’s E-Filing rule 2.202 and 10 CFR parts 50, 72, and 73, described in Attachments 1 and 2. (72 FR 49139; August 28, 2007). The E- it is hereby ordered, effective 2. Duke shall report to the Filing process requires participants to immediately, that your general license is Commission when it has achieved full submit and serve all adjudicatory modified as follows: compliance with the requirements documents over the Internet, or in some A. Duke shall comply with the described in Attachments 1 and 2. cases to mail copies on electronic requirements described in Attachments D. All measures implemented or storage media. Participants may not 1 and 2 to this Order, except to the actions taken in response to this Order submit paper copies of their filings extent that a more stringent requirement shall be maintained until the unless they seek an exemption in is set forth in the Crystal River Nuclear Commission determines otherwise. accordance with the procedures Generating Plant’s physical security Duke’s response to Conditions B.1, described below. plan. Duke shall demonstrate its ability B.2, C.1, and C.2, above, shall be To comply with the procedural to comply with the requirements in submitted in accordance with 10 CFR requirements of E-Filing, at least 10 Attachments 1 and 2 to the Order no 72.4. In addition, submittals and days prior to the filing deadline, the later than 365 days from the date of this documents produced by Duke as a result participant should contact the Office of Order or 90 days before the first day that of this Order, that contain Safeguards the Secretary by email at spent fuel is initially placed in the Information as defined by 10 CFR 73.22, [email protected], or by telephone ISFSI, whichever is earlier. Duke must shall be properly marked and handled, at 301–415–1677, to request (1) a digital implement these requirements before in accordance with 10 CFR 73.21 and identification (ID) certificate, which initially placing spent fuel in the ISFSI. 73.22. allows the participant (or its counsel or The Director, Office of Nuclear Additionally, Duke must receive written representative) to digitally sign Material Safety and Safeguards, may, in verification from the NRC (Office of documents and access the E-Submittal writing, relax or rescind any of the Nuclear Material Safety and Safeguards) server for any proceeding in which it is above conditions, for good cause. that it has adequately demonstrated participating; and (2) advise the compliance with these requirements IV Secretary that the participant will be before initially placing spent fuel in the In accordance with 10 CFR 2.202, submitting a request or petition for ISFSI. Duke must, and any other person hearing (even in instances in which the B. 1. Duke shall, within twenty (20) adversely affected by this Order may, participant, or its counsel or days of the date of this Order, notify the submit an answer to this Order within representative, already holds an NRC- Commission: (1) If it is unable to 20 days of its publication in the Federal issued digital ID certificate). Based upon comply with any of the requirements Register. In addition, Duke and any this information, the Secretary will described in Attachments 1 and 2; (2) if other person adversely affected by this establish an electronic docket for the compliance with any of the Order may request a hearing on this hearing in this proceeding if the requirements is unnecessary, in its Order within 20 days of its publication Secretary has not already established an specific circumstances; or (3) if in the Federal Register. Where good electronic docket. implementation of any of the cause is shown, consideration will be Information about applying for a requirements would cause Duke to be in given to extending the time to answer or digital ID certificate is available on the violation of the provisions of any request a hearing. A request for NRC’s public Web site at http:// Commission regulation or the facility extension of time must be made, in www.nrc.gov/site-help/e-submittals/ license. The notification shall provide writing, to the Director, Office of getting-started.html. System Duke’s justification for seeking relief Nuclear Material Safety and Safeguards, requirements for accessing the E- from, or variation of, any specific U.S. Nuclear Regulatory Commission, Submittal server are detailed in the requirement. Washington, DC 20555–0001, and NRC’s ‘‘Guidance for Electronic 2. If Duke considers that include a statement of good cause for Submission,’’ which is available on the implementation of any of the the extension. agency’s public Web site at http:// requirements described in Attachments The answer may consent to this www.nrc.gov/site-help/e- 1 and 2 to this Order would adversely Order. If the answer includes a request submittals.html. Participants may impact the safe storage of spent fuel, for a hearing, it shall, under oath or attempt to use other software not listed Duke must notify the Commission, affirmation, specifically set forth the on the Web site, but should note that the within twenty (20) days of this Order, of matters of fact and law on which Duke NRC’s E-Filing system does not support the adverse safety impact, the basis for relies and the reasons as to why the unlisted software, and the NRC Meta its determination that the requirement Order should not have been issued. If a System Help Desk will not be able to has an adverse safety impact, and either person other than Duke requests a offer assistance in using unlisted a proposal for achieving the same hearing, that person shall set forth with software. objectives specified in Attachments 1 particularity the manner in which his/ If a participant is electronically and 2 requirements in question, or a her interest is adversely affected by this submitting a document to the NRC in schedule for modifying the facility, to Order and shall address the criteria set accordance with the E-Filing rule, the address the adverse safety condition. If forth in 10 CFR 2.309(d) and (f). participant must file the document neither approach is appropriate, Duke All documents filed in NRC using the NRC’s online, Web-based must supplement its response to adjudicatory proceedings, including a submission form. In order to serve Condition B.1 of this Order to identify request for hearing, a petition for leave documents through the Electronic the condition as a requirement with to intervene, any motion or other Information Exchange System, users which it cannot comply, with attendant document filed in the proceeding prior will be required to install a Web justifications, as required under to the submission of a request for browser plug-in from the NRC’s Web Condition B.1. hearing or petition to intervene, and site. Further information on the Web- C. 1. Duke shall, within twenty (20) documents filed by interested based submission form, including the days of this Order, submit to the governmental entities participating installation of the Web browser plug-in, Commission a schedule for achieving under 10 CFR 2.315(c), must be filed in is available on the NRC’s public Web

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site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, an extension of time for requesting a submittals.html. Maryland 20852, Attention: Rulemaking hearing has been approved, the Once a participant has obtained a and Adjudications Staff. Participants provisions of this Order, as specified in digital ID certificate and a docket has filing a document in this manner are Section III, shall be final when the been created, the participant can then responsible for serving the document on extension expires, if a hearing request submit a request for hearing or petition all other participants. Filing is has not been received. An answer or a for leave to intervene. Submissions considered complete by first-class mail request for hearing shall not stay the should be in Portable Document Format as of the time of deposit in the mail, or immediate effectiveness of this order. (PDF) in accordance with NRC guidance by courier, express mail, or expedited Dated at Rockville, Maryland, this 24th day available on the NRC’s public Web site delivery service upon depositing the of February 2016. at http://www.nrc.gov/site-help/e- document with the provider of the For the Nuclear Regulatory Commission. submittals.html. A filing is considered service. A presiding officer, having Scott W. Moore, complete at the time the documents are granted an exemption request from submitted through the NRC’s E-Filing using E-Filing, may require a participant Acting Director, Office of Nuclear Material system. To be timely, an electronic or party to use E-Filing if the presiding Safety and Safeguards. filing must be submitted to the E-Filing officer subsequently determines that the Attachment 1—Additional Security system no later than 11:59 p.m. Eastern reason for granting the exemption from Measures (ASMs) for Physical Time on the due date. Upon receipt of use of E-Filing no longer exists. Protection of Dry Independent Spent a transmission, the E-Filing system Documents submitted in adjudicatory Fuel Storage Installations (ISFSIs) time-stamps the document and sends proceedings will appear in the NRC’s Contains Safeguards Information and Is the submitter an email notice electronic hearing docket which is Not Included in the Federal Register confirming receipt of the document. The available to the public at http:// Notice E-Filing system also distributes an email ehd1.nrc.gov/ehd/, unless excluded notice that provides access to the pursuant to an order of the Commission, Attachment 2—Additional Security document to the NRC’s Office of the or the presiding officer. Participants are Measures for Access Authorization and General Counsel and any others who requested not to include personal Fingerprinting at Independent Spent have advised the Office of the Secretary privacy information, such as social Fuel Storage Installations, Dated that they wish to participate in the security numbers, home addresses, or February 4, 2016 proceeding, so that the filer need not home phone numbers in their filings, A. General Basis Criteria serve the documents on those unless an NRC regulation or other law participants separately. Therefore, requires submission of such 1. These additional security measures applicants and other participants (or information. However, in some (ASMs) are established to delineate an their counsel or representative) must instances, a request to intervene will independent spent fuel storage apply for and receive a digital ID require including information on local installation (ISFSI) licensee’s certificate before a hearing request/ residence in order to demonstrate a responsibility to enhance security petition to intervene is filed so that they proximity assertion of interest in the measures related to authorization for can obtain access to the document via proceeding. With respect to copyrighted unescorted access to the protected area the E-Filing system. works, except for limited excerpts that of an ISFSI in response to the current A person filing electronically using serve the purpose of the adjudicatory threat environment. the NRC’s adjudicatory E-Filing system filings and would constitute a Fair Use 2. Licensees whose ISFSI is collocated may seek assistance by contacting the application, participants are requested with a power reactor may choose to NRC Meta System Help Desk through not to include copyrighted materials in comply with the U.S. Nuclear the ‘‘Contact Us’’ link located on the their submission. Regulatory Commission (NRC)-approved NRC’s public Web site at http:// If a hearing is requested by Duke or reactor access authorization program for www.nrc.gov/site-help/e- a person whose interest is adversely the associated reactor as an alternative submittals.html, by email to affected, the Commission will issue an means to satisfy the provisions of [email protected], or by a toll- Order designating the time and place of sections B through G below. Otherwise, free call at 1–866–672–7640. The NRC any hearing. If a hearing is held, the licensees shall comply with the access Meta System Help Desk is available issue to be considered at such hearing authorization and fingerprinting between 8 a.m. and 8 p.m., Eastern shall be whether this Order should be requirements of section B through G of Time, Monday through Friday, sustained. these ASMs. excluding government holidays. Pursuant to 10 CFR 2.202(c)(2)(i), 3. Licensees shall clearly distinguish Participants who believe that they Duke may, in addition to requesting a in their 20-day response which method have a good cause for not submitting hearing, at the time the answer is filed they intend to use in order to comply documents electronically must file an or sooner, move the presiding officer to with these ASMs. exemption request, in accordance with set aside the immediate effectiveness of B. Additional Security Measures for 10 CFR 2.302(g), with their initial paper the Order on the grounds that the Order, Access Authorization Program filing requesting authorization to including the need for immediate continue to submit documents in paper effectiveness, is not based on adequate 1. The licensee shall develop, format. Such filings must be submitted evidence, but on mere suspicion, implement and maintain a program, or by: (1) First class mail addressed to the unfounded allegations, or error. enhance its existing program, designed Office of the Secretary of the In the absence of any request for to ensure that persons granted Commission, U.S. Nuclear Regulatory hearing, or written approval of an unescorted access to the protected area Commission, Washington, DC 20555– extension of time in which to request a of an ISFSI are trustworthy and reliable 0001, Attention: Rulemaking and hearing, the provisions as specified in and do not constitute an unreasonable Adjudications Staff; or (2) courier, Section III shall be final twenty (20) risk to the public health and safety for express mail, or expedited delivery days from the date this Order is the common defense and security, service to the Office of the Secretary, published in the Federal Register, including a potential to commit Sixteenth Floor, One White Flint North, without further Order or proceedings. If radiological sabotage.

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a. To establish trustworthiness and d. A review of the applicant’s an ISFSI. This individual, referred to as reliability, the licensee shall develop, criminal history, obtained from local the ‘‘reviewing official,’’ must be implement, and maintain procedures for criminal justice resources, may be someone who requires unescorted conducting and completing background included in addition to the FBI CHRC, access to the ISFSI. The NRC will investigations, prior to granting access. and is encouraged if the results of the review the CHRC of any individual The scope of background investigations FBI CHRC, employment check, or credit nominated to perform the reviewing must address at least the past three check disclose derogatory information. official function. Based on the results of years and, as a minimum, must include: The scope of the applicant’s local the CHRC, the NRC staff will determine i. Fingerprinting and a Federal Bureau criminal history check shall cover all whether this individual may have of Investigation (FBI) identification and residences of record for the past three access. If the NRC determines that the criminal history records check (CHRC). years from the date of the application nominee may not be granted such Where an applicant for unescorted for unescorted access. access, that individual will be access has been previously fingerprinted 2. The licensee shall use any prohibited from obtaining access.1 Once with a favorably completed CHRC, (such information obtained as part of a CHRC the NRC approves a reviewing official, as a CHRC pursuant to compliance with solely for the purpose of determining an the reviewing official is the only orders for access to safeguards individual’s suitability for unescorted individual permitted to make access information) the licensee may accept the access to the protected area of an ISFSI. determinations for other individuals results of that CHRC, and need not 3. The licensee shall document the who have been identified by the submit another set of fingerprints, basis for its determination for granting licensee as having the need for provided the CHRC was completed not or denying access to the protected area unescorted access to the ISFSI, and have more than three years from the date of of an ISFSI. been fingerprinted and have had a the application for unescorted access. 4. The licensee shall develop, CHRC in accordance with these ASMs. ii. Verification of employment with implement, and maintain procedures for The reviewing official can only make each previous employer for the most updating background investigations for access determinations for other recent year from the date of application. persons who are applying for individuals, and therefore cannot iii. Verification of employment with reinstatement of unescorted access. approve other individuals to act as an employer of the longest duration Licensees need not conduct an reviewing officials. Only the NRC can during any calendar month for the independent reinvestigation for approve a reviewing official. Therefore, remaining next most recent two years. individuals who possess active ‘‘Q’’ or if the licensee wishes to have a new or ‘‘L’’ clearances or possess another active iv. A full credit history review. additional reviewing official, the NRC U.S. Government granted security v. An interview with not less than two must approve that individual before he clearance, i.e., Top Secret, Secret or character references, developed by the or she can act in the capacity of a Confidential. reviewing official. investigator. 5. The licensee shall develop, vi. A review of official identification 2. No person may have access to implement, and maintain procedures for Safeguards Information (SGI) or (e.g., driver’s license; passport; reinvestigations of persons granted government identification; state-, unescorted access to any facility subject unescorted access, at intervals not to to NRC regulation, if the NRC has province-, or country-of-birth issued exceed five years. Licensees need not certificate of birth) to allow comparison determined, in accordance with its conduct an independent reinvestigation administrative review process based on of personal information data provided for individuals employed at a facility by the applicant. The licensee shall fingerprinting and an FBI identification who possess active ‘‘Q’’ or ‘‘L’’ and CHRC, that the person may not have maintain a photocopy of the identifying clearances or possess another active document(s) on file, in accordance with access to SGI or unescorted access to U.S. Government granted security any facility subject to NRC regulation. ‘‘Protection of Information,’’ in Section clearance, i.e., Top Secret, Secret or G of these ASMs. 3. All fingerprints obtained by the Confidential. licensee under this Order, must be vii. Licensees shall confirm eligibility 6. The licensee shall develop, submitted to the Commission for for employment through the regulations implement, and maintain procedures of the U.S. Department of Homeland transmission to the FBI. designed to ensure that persons who 4. The licensee shall notify each Security, U.S. Citizenship and have been denied unescorted access Immigration Services, and shall verify affected individual that the fingerprints authorization to the facility are not will be used to conduct a review of his/ and ensure, to the extent possible, the allowed access to the facility, even accuracy of the provided social security her criminal history record and inform under escort. the individual of the procedures for number and alien registration number, 7. The licensee shall develop, revising the record or including an as applicable. implement, and maintain an audit explanation in the record, as specified b. The procedures developed or program for licensee and contractor/ in the ‘‘Right to Correct and Complete enhanced shall include measures for vendor access authorization programs Information,’’ in section F of these confirming the term, duration, and that evaluate all program elements and ASMs. character of military service for the past include a person knowledgeable and 5. Fingerprints need not be taken if three years, and/or academic enrollment practiced in access authorization the employed individual (e.g., a licensee and attendance in lieu of employment, program performance objectives to assist employee, contractor, manufacturer, or for the past five years. in the overall assessment of the site’s supplier) is relieved from the c. Licensees need not conduct an program effectiveness. independent investigation for fingerprinting requirement by 10 CFR individuals employed at a facility who C. Fingerprinting Program Requirements 73.61, has a favorably adjudicated U.S. possess active ‘‘Q’’ or ‘‘L’’ clearances or 1. In a letter to the NRC, the licensee Government CHRC within the last five possess another active U.S. must nominate an individual who will 1 review the results of the FBI CHRCs to The NRC’s determination of this individual’s Government-granted security clearance unescorted access to the ISFSI, in accordance with (i.e., Top Secret, Secret, or make trustworthiness and reliability the process, is an administrative determination that Confidential). determinations for unescorted access to is outside the scope of the Order.

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(5) years, or has an active Federal submission if the initial submission is incomplete in any respect and wishes to security clearance. Written confirmation returned by the FBI because the change, correct, or update the alleged from the Agency/employer who granted fingerprint impressions cannot be deficiency, or to explain any matter in the Federal security clearance or classified. The one free re-submission the record, the individual may initiate reviewed the CHRC must be provided to must have the FBI Transaction Control challenge procedures. These procedures the licensee. The licensee must retain Number reflected on the re-submission. include either direct application by the this documentation for a period of three If additional submissions are necessary, individual challenging the record to the years from the date the individual no they will be treated as initial submittals agency (i.e., law enforcement agency) longer requires access to the facility. and will require a second payment of that contributed the questioned the processing fee. information, or direct challenge as to the D. Prohibitions 3. Fees for processing fingerprint accuracy or completeness of any entry 1. A licensee shall not base a final checks are due upon application. The on the criminal history record to the determination to deny an individual licensee shall submit payment of the Assistant Director, Federal Bureau of unescorted access to the protected area processing fees electronically. To be Investigation Identification Division, of an ISFSI solely on the basis of able to submit secure electronic Washington, DC 20537–9700 (as set information received from the FBI payments, licensees will need to forth in 28 CFR 16.30 through 16.34). In involving: an arrest more than one (1) establish an account with Pay.Gov the latter case, the FBI forwards the year old for which there is no (https://www.pay.gov). To request an challenge to the agency that submitted information of the disposition of the account, the licensee shall send an the data and requests that agency to case, or an arrest that resulted in email to [email protected]. The email must verify or correct the challenged entry. dismissal of the charge, or an acquittal. include the licensee’s company name, Upon receipt of an official 2. A licensee shall not use address, point of contact (POC), POC communication directly from the agency information received from a CHRC email address, and phone number. The that contributed the original obtained pursuant to this Order in a NRC will forward the request to information, the FBI Identification manner that would infringe upon the Pay.Gov; who will contact the licensee Division makes any changes necessary rights of any individual under the First with a password and user lD. Once the in accordance with the information Amendment to the Constitution of the licensee has established an account and supplied by that agency. The licensee United States, nor shall the licensee use submitted payment to Pay.Gov, they must provide at least 10 days for an the information in any way that would shall obtain a receipt. The licensee shall individual to initiate an action discriminate among individuals on the submit the receipt from Pay.Gov to the challenging the results of a FBI CHRC basis of race, religion, national origin, NRC along with fingerprint cards. For after the record is made available for sex, or age. additional guidance on making his/her review. The licensee may make E. Procedures for Processing Fingerprint electronic payments, contact the a final access determination based on Checks Facilities Security Branch, Division of the criminal history record only upon Facilities and Security, at (301) 415– receipt of the FBI’s ultimate 1. For the purpose of complying with 7513. Combined payment for multiple confirmation or correction of the record. this Order, licensees shall, using an applications is acceptable. The Upon a final adverse determination on appropriate method listed in 10 CFR application fee (currently $26) is the access to an ISFSI, the licensee shall 73.4, submit to the NRC’s Division of sum of the user fee charged by the FBI provide the individual its documented Facilities and Security, Mail Stop T– for each fingerprint card or other basis for denial. Access to an ISFSI shall 03B46M, one completed, legible fingerprint record submitted by the NRC not be granted to an individual during standard fingerprint card (Form FD–258, on behalf of a licensee, and an NRC the review process. ORIMDNRCOOOZ) or, where processing fee, which covers G. Protection of Information practicable, other fingerprint records for administrative costs associated with each individual seeking unescorted NRC handling of licensee fingerprint 1. The licensee shall develop, access to an ISFSI, to the Director of the submissions. The Commission will implement, and maintain a system for Division of Facilities and Security, directly notify licensees who are subject personnel information management marked for the attention of the to this regulation of any fee changes. with appropriate procedures for the Division’s Criminal History Check 4. The Commission will forward to protection of personal, confidential Section. Copies of these forms may be the submitting licensee all data received information. This system shall be obtained by writing the Office of from the FBI as a result of the licensee’s designed to prohibit unauthorized Information Services, U.S. Nuclear application(s) for CHRCs, including the access to sensitive information and to Regulatory Commission, Washington, FBI fingerprint record. prohibit modification of the information DC 20555–0001, by calling (630) 829– without authorization. 9565, or by email to [email protected]. F. Right To Correct and Complete 2. Each licensee who obtains a Practicable alternative formats are set Information criminal history record on an individual forth in 10 CFR 73.4. The licensee shall 1. Prior to any final adverse pursuant to this Order shall establish establish procedures to ensure that the determination, the licensee shall make and maintain a system of files and quality of the fingerprints taken results available to the individual the contents procedures, for protecting the record in minimizing the rejection rate of of any criminal history records obtained and the personal information from fingerprint cards because of illegible or from the FBI for the purpose of assuring unauthorized disclosure. incomplete cards. correct and complete information. 3. The licensee may not disclose the 2. The NRC will review submitted Written confirmation by the individual record or personal information collected fingerprint cards for completeness. Any of receipt of this notification must be and maintained to persons other than Form FD–258 fingerprint record maintained by the licensee for a period the subject individual, his/her containing omissions or evident errors of one (1) year from the date of representative, or to those who have a will be returned to the licensee for notification. need to access the information in corrections. The fee for processing 2. If, after reviewing the record, an performing assigned duties in the fingerprint checks includes one re- individual believes that it is incorrect or process of determining suitability for

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unescorted access to the protected area for Docket ID NRC–2016–0006. Address The NRC cautions you not to include of an ISFSI. No individual authorized to questions about NRC dockets to Carol identifying or contact information that have access to the information may re- Gallagher; telephone: 301–415–3463; you do not want to be publicly disseminate the information to any email: [email protected]. For disclosed in your comment submission. other individual who does not have the technical questions, contact the The NRC will post all comment appropriate need to know. individuals listed in the FOR FURTHER submissions at http:// 4. The personal information obtained INFORMATION CONTACT section of this www.regulations.gov as well as enter the on an individual from a CHRC may be document. comment submissions into ADAMS. transferred to another licensee if the • Mail comments to: Cindy Bladey, The NRC does not routinely edit gaining licensee receives the Office of Administration, Mail Stop: comment submissions to remove individual’s written request to re- OWFN–12–H08, U.S. Nuclear identifying or contact information. disseminate the information contained Regulatory Commission, Washington, If you are requesting or aggregating in his/her file, and the gaining licensee DC 20555–0001. comments from other persons for verifies information such as the For additional direction on obtaining submission to the NRC, then you should individual’s name, date of birth, social information and submitting comments, inform those persons not to include security number, sex, and other see ‘‘Obtaining Information and identifying or contact information that applicable physical characteristics for Submitting Comments’’ in the they do not want to be publicly identification purposes. SUPPLEMENTARY INFORMATION section of disclosed in their comment submission. 5. The licensee shall make criminal this document. Your request should state that the NRC history records, obtained under this FOR FURTHER INFORMATION CONTACT: does not routinely edit comment section, available for examination by an submissions to remove such information authorized representative of the NRC to Maurin Scheetz, telephone: 301–415– 2758, email: [email protected]; before making the comment determine compliance with the submissions available to the public or regulations and laws. or Timothy Kolb, telephone: 703–462– 3957, email: [email protected]. entering the comment into ADAMS. [FR Doc. 2016–04749 Filed 3–2–16; 8:45 am] Both are staff of the Office of Nuclear Dated at Rockville, Maryland, this 25th day BILLING CODE 7590–01–P Reactor Regulation, U.S. Nuclear of February, 2016. Regulatory Commission, Washington, For the Nuclear Regulatory Commission. NUCLEAR REGULATORY DC 20555–0001. Scott Sloan, COMMISSION SUPPLEMENTARY INFORMATION: Chief, Operator Licensing and Training Branch, Division of Inspection and Regional [NRC–2016–0006] I. Obtaining Information and Support, Office of Nuclear Reactor Submitting Comments Regulation. Operator Licensing Examination [FR Doc. 2016–04748 Filed 3–2–16; 8:45 am] Standards for Power Reactors A. Obtaining Information BILLING CODE 7590–01–P AGENCY: Nuclear Regulatory Please refer to Docket ID NRC–2016– Commission. 0006 when contacting the NRC about the availability of information for this ACTION: Draft NUREG; extension of POSTAL REGULATORY COMMISSION comment period. action. You may obtain publicly- available information related to this [Docket No. R2013–11; Order No. 3103] SUMMARY: On February 5, 2016, the U.S. action by any of the following methods: • Nuclear Regulatory Commission (NRC) Federal Rulemaking Web site: Go to Rate Adjustment solicited comments on draft NUREG, http://www.regulations.gov and search NUREG–1021, Revision 11, ‘‘Operator for Docket ID NRC–2016–0006. AGENCY: Postal Regulatory Commission. Licensing Examination Standards for • NRC’s Agencywide Documents ACTION: Notice. Power Reactors.’’ The public comment Access and Management System period was originally scheduled to close (ADAMS): You may obtain publicly- SUMMARY: The Commission is noticing a on March 21, 2016. The NRC has available documents online in the recent Postal Service filing concerning decided to extend the public comment ADAMS Public Documents collection at the removal of the exigent surcharge period to allow more time for members http://www.nrc.gov/reading-rm/ from existing rates on Sunday, April 10, of the public to develop and submit adams.html. To begin the search, select 2016. This notice informs the public of their comments. ‘‘ADAMS Public Documents’’ and then the filing, invites public comment, and DATES: The due date of comments select ‘‘Begin Web-based ADAMS takes other administrative steps. requested in the document published on Search.’’ For problems with ADAMS, DATES: Comments are due: March 16, February 5, 2016 (81 FR 6301) is please contact the NRC’s Public 2016. extended. Comments should be filed no Document Room (PDR) reference staff at ADDRESSES: Submit comments later than April 5, 2016. Comments 1–800–397–4209, 301–415–4737, or by electronically via the Commission’s received after this date will be email to [email protected]. The draft Filing Online system at http:// considered if it is practical to do so, but NUREG is available in ADAMS under www.prc.gov. Those who cannot submit the NRC staff is able to ensure Accession No. ML16028A409. comments electronically should contact consideration only for comments • NRC’s PDR: You may examine and the person identified in the FOR FURTHER received on or before this date. purchase copies of public documents at INFORMATION CONTACT section by ADDRESSES: You may submit comments the NRC’s PDR, O1–F21, One White telephone for advice on filing by any of the following methods (unless Flint North, 11555 Rockville Pike, alternatives. this document describes a different Rockville, Maryland 20852. method for submitting comments on a FOR FURTHER INFORMATION CONTACT: B. Submitting Comments specific subject): David A. Trissell, General Counsel, at • Federal Rulemaking Web site: Go to Please include Docket ID NRC–2016– 202–789–6820. http://www.regulations.gov and search 0006 in your comment submission. SUPPLEMENTARY INFORMATION:

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Table of Contents Interested persons are encouraged to By the Commission. I. Introduction review the Postal Service’s Notice and Stacy L. Ruble, II. Commission Action Attachment A in their entirety. Secretary. III. Ordering Paragraphs Participation and designated filing [FR Doc. 2016–04621 Filed 3–2–16; 8:45 am] I. Introduction method. Interested persons may submit BILLING CODE 7710–FW–P comments electronically via the On February 25, 2016, the Postal Commission’s Filing Online system, Service, in accordance with Order No. unless a waiver is obtained. Instructions POSTAL REGULATORY COMMISSION 1926, filed notice of its intention to for obtaining an account to file remove the exigent surcharge from [Docket No. CP2015–25; Order No. 3105] documents online may be found on the existing rates on Sunday, April 10, Commission’s Web site (http:// New Postal Product 2016.1 The removal date is based on the www.prc.gov), or by contacting the Postal Service’s estimate that the AGENCY: Postal Regulatory Commission. Commission’s Docket Section staff at surcharge-related revenue limitation 202–789–6846. Persons without access ACTION: Notice. will be reached on Saturday, April 9, to the Internet or otherwise unable to 2016, as well as past practice with SUMMARY: The Commission is noticing a respect to rate changes and other file documents electronically may recent Postal Service filing concerning implementation considerations. Id. at request a waiver of the electronic filing an amendment to Priority Mail Contract 2–4. requirement by filing a motion for 105 negotiated service agreement. This The Notice includes Attachment A, waiver with the Commission. The notice informs the public of the filing, which updates the Market Dominant motion may be filed along with any invites public comment, and takes other section of the Mail Classification comments the person may wish to administrative steps. Schedule with the prices that will take submit in this docket. Persons DATES: Comments are due: March 4, effect upon removal of the exigent requesting a waiver may file hardcopy 2016. surcharge. Id. Attachment A at 1. The documents with the Commission either ADDRESSES: Submit comments Postal Service represents that the by mailing or by hand delivery to the Office of the Secretary, Postal electronically via the Commission’s Commission approved these prices in Filing Online system at http:// Docket No. R2015–4.2 The Postal Regulatory Commission, 901 New York Avenue NW., Suite 200, Washington, www.prc.gov. Those who cannot submit Service states that the prices were made comments electronically should contact available to mailers on Postal Explorer DC 20268–0001 during regular business the person identified in the FOR FURTHER and RIBBS on February 5, 2016. Notice hours by the date specified for such INFORMATION CONTACT section by at 4. filing. Any person needing assistance in requesting a waiver may contact the telephone for advice on filing II. Commission Action Docket Section at 202–789–6846. alternatives. Establishment of public comment Hardcopy documents filed in this FOR FURTHER INFORMATION CONTACT: period. The Commission acknowledges docket will be scanned and posted on David A. Trissell, General Counsel, at that the removal of the exigent the Commission’s Web site. 202–789–6820. surcharge does not meet the definition Appointment of Public SUPPLEMENTARY INFORMATION: of any of the typical Type 1 rate Representative. Pursuant to 39 U.S.C. Table of Contents adjustments identified in 39 CFR part 505, James Waclawski will continue to 3010. Because this removal is a follow- serve as an officer of the Commission I. Introduction on from a previous Type 3 rate (Public Representative) to represent the II. Notice of Filings III. Ordering Paragraphs adjustment, the rules applicable to the interests of the general public in this annual limitation are not applicable to proceeding. I. Introduction this rate adjustment. However, the Commission finds it appropriate to Continuation of bi-weekly reporting. On February 25, 2016, the Postal provide a period of 20 days from the Pursuant to Order No. 3030, the Postal Service filed notice that it has agreed to date of the Postal Service’s filing for Service is to continue filing bi-weekly an amendment to the existing Priority public comment, consistent with Type 1 estimates of the incremental and Mail Contract 105 negotiated service rate adjustments. See 39 CFR cumulative surcharge revenue.3 agreement approved in this docket.1 In support of its Notice, the Postal Service 3010.11(a)(5). Comments by interested III. Ordering Paragraphs persons are due no later than March 16, includes a redacted copy of the 2016. Commenters may address the It is ordered: amendment. consistency of the prices and product The Postal Service also filed the 1. Interested persons are invited to unredacted amendment under seal. The descriptions in Attachment A to the comment on the Postal Service’s Notice with the prices and product Postal Service seeks to incorporate by removal of the exigent surcharge no descriptions in the Attachment to Order reference the Application for Non- later than March 16, 2016. No. 2472, and any other relevant issues Public Treatment originally filed in this concerning the Postal Service’s filings. 2. James Waclawski will continue to docket for the protection of information serve as an officer of the Commission that it has filed under seal. Notice at 1. 1 See Notice of the United States Postal Service (Public Representative) to represent the The amendment modifies the of Removal of the Exigent Surcharge, February 25, interests of the general public in this contract’s price clause and the 2016 (Notice). The Postal Service conditions proceeding. associated price adjustment mechanism. removal on the absence of Congressional action or The Postal Service intends for the the courts making the exigent surcharge part of the 3. The Secretary shall arrange for amendment to become effective one base rate or extending it. Notice at 1. publication of this order in the Federal 2 Id. See Docket No. R2015–4, Order on Revised Register. Price Adjustments for Standard Mail, Periodicals, 1 Notice of United States Postal Service of and Package Services Products and Related Mail Amendment to Priority Mail Contract 105, with Classification Changes, May 7, 2015 (Order No. 3 Second Order on Surcharge Revenue Reporting, Portions Filed Under Seal, February 25, 2016 2472), Attachment. January 15, 2016, at 2 (Order No. 3030). (Notice).

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business day after the date that the GENERAL COUNSEL CERTIFICATION: The Counsel’s Office, 100 F Street NE., Commission completes its review of the General Counsel of the United States Washington, DC 20549–8010. Notice. Id. The Postal Service asserts Postal Service has certified that the Aberdeen Global Select Opportunities that the amendment will not impair the meeting may be closed under the Fund Inc. [File No. 811–06017] ability of the contract to comply with 39 Government in the Sunshine Act. U.S.C. 3633. Id. CONTACT PERSON FOR MORE INFORMATION: Summary: Applicant seeks an order II. Notice of Filings Requests for information about the declaring that it has ceased to be an meeting should be addressed to the investment company. Applicant The Commission invites comments on Secretary of the Board, Julie S. Moore, transferred its assets to Aberdeen Global whether the changes presented in the at 202–268–4800. Equity Fund, a series of Aberdeen Postal Service’s Notice are consistent Funds, and, on February 25, 2015, made Julie S. Moore. with the policies of 39 U.S.C. 3632, a final distribution to its shareholders 3633, or 3642, 39 CFR 3015.5, and 39 Secretary, Board of Governors. based on net asset value. Expenses of CFR part 3020, subpart B. Comments are [FR Doc. 2016–04904 Filed 3–1–16; 4:15 pm] $248,555 incurred in connection with due no later than March 4, 2016. The BILLING CODE 7710–12–P the reorganization were paid by public portions of these filings can be applicant’s investment adviser. accessed via the Commission’s Web site Filing Date: The application was filed (http://www.prc.gov). SECURITIES AND EXCHANGE on December 31, 2015. The Commission appoints Nina Yeh COMMISSION to represent the interests of the general Applicant’s Address: 1735 Market public (Public Representative) in this [Release No. IC–32007] Street, 32nd Floor, Philadelphia, PA docket. 19103. Notice of Applications for III. Ordering Paragraphs Deregistration Under Section 8(f) of the Stratton Mid Cap Value Fund, Inc. It is ordered: Investment Company Act of 1940 [811–02297] 1. The Commission reopens Docket February 26, 2016. Summary: Applicant seeks an order No. CP2015–25 for consideration of The following is a notice of declaring that it has ceased to be an matters raised by the Postal Service’s applications for deregistration under investment company. Applicant Notice. 2. Pursuant to 39 U.S.C. 505, the section 8(f) of the Investment Company transferred its assets to Sterling Capital Commission appoints Nina Yeh to serve Act of 1940 for the month of February Stratton Mid Cap Value Fund and, on as an officer of the Commission (Public 2016. A copy of each application may be November 13, 2015, made a final Representative) to represent the obtained via the Commission’s Web site distribution to its shareholders based on interests of the general public in this by searching for the file number, or for net asset value. Total expenses of proceeding. an applicant using the Company name $541,000 incurred by Stratton Mid Cap 3. Comments are due no later than box, at http://www.sec.gov/search/ Value Fund, Inc., Stratton Funds, Inc., March 4, 2016. search.htm or by calling (202) 551– and Stratton Real Estate Fund, Inc. in 4. The Secretary shall arrange for 8090. An order granting each connection with their reorganizations publication of this order in the Federal application will be issued unless the were paid by applicant’s investment Register. SEC orders a hearing. Interested persons adviser. may request a hearing on any Filing Dates: The application was By the Commission. application by writing to the SEC’s Stacy L. Ruble, filed on January 20, 2016, and amended Secretary at the address below and on February 5, 2016. Secretary. serving the relevant applicant with a [FR Doc. 2016–04632 Filed 3–2–16; 8:45 am] copy of the request, personally or by Applicant’s Address: 150 South Warner Road, Suite 460–A, King of BILLING CODE 7710–FW–P mail. Hearing requests should be received by the SEC by 5:30 p.m. on Prussia, PA 19406. March 22, 2016, and should be Stratton Funds, Inc. [811–07434] POSTAL SERVICE accompanied by proof of service on applicants, in the form of an affidavit or, Summary: Applicant seeks an order Temporary Emergency Committee of for lawyers, a certificate of service. declaring that it has ceased to be an the Board of Governors; Sunshine Act Pursuant to Rule 0–5 under the Act, investment company. Applicant Meeting hearing requests should state the nature transferred its assets to Sterling Capital of the writer’s interest, any facts bearing Stratton Small Cap Value Fund and, on DATES AND TIMES: Monday, March 21, upon the desirability of a hearing on the November 13, 2015, made a final 2016, at 4:00 p.m. matter, the reason for the request, and distribution to its shareholders based on PLACE: via Teleconference. the issues contested. Persons who wish net asset value. Total expenses of STATUS: Closed. to be notified of a hearing may request $541,000 incurred by Stratton Mid Cap MATTERS TO BE CONSIDERED: notification by writing to the Value Fund, Inc., Stratton Funds, Inc., and Stratton Real Estate Fund, Inc. in Monday, March 21 2016, at 4:00 p.m. Commission’s Secretary. ADDRESSES: The Commission: Secretary, connection with their reorganizations 1. Strategic Issues. U.S. Securities and Exchange were paid by applicant’s investment 2. Financial Matters. adviser. 3. Pricing/Product Development Commission, 100 F Street NE., Matters. Washington, DC 20549–1090. Filing Dates: The application was 4. Personnel Matters and FOR FURTHER INFORMATION CONTACT: Hae- filed on January 20, 2016, and amended Compensation Issues. Sung Lee, Attorney-Adviser, at (202) on February 5, 2016. 5. Executive Session—Discussion of 551–7345 or Chief Counsel’s Office at Applicant’s Address: 150 South prior agenda items and Board (202) 551–6821; SEC, Division of Warner Road, Suite 460–A, King of governance. Investment Management, Chief Prussia, PA 19406.

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Stratton Real Estate Fund, Inc. [811– which was distributed to the approval for a market maker to resume 02240] shareholders of each of the feeder funds. trading after the activation of a market- Summary: Applicant seeks an order Expenses of $21,667 incurred in wide speed bump under ISE Rule declaring that it has ceased to be an connection with the liquidation were 804(g). The proposed rule change was paid by applicant’s investment adviser. published for comment in the Federal investment company. Applicant 4 transferred its assets to Sterling Capital Filing Dates: The application was Register on November 30, 2015. On Stratton Real Estate Fund and, on filed on February 19, 2016, and January 13, 2016, the Commission November 13, 2015, made a final amended on February 24, 2016. extended the time period within which Applicant’s Address: 375 Park distribution to its shareholders based on to approve the proposed rule change, Avenue, 32nd Floor, New York, NY net asset value. Total expenses of disapprove the proposed rule change, or 10152. $541,000 incurred by Stratton Mid Cap institute proceedings to determine whether to disapprove the proposed Value Fund, Inc., Stratton Funds, Inc., Lincoln Advisors Trust [File No. 811– 5 and Stratton Real Estate Fund, Inc. in 22583] rule change to February 28, 2016. The connection with their reorganizations Commission did not receive any Summary: Applicant seeks an order comments on the proposed rule change. were paid by applicant’s investment declaring that it has ceased to be an adviser. This order institutes proceedings under investment company. On December 15, Section 19(b)(2)(B) of the Act 6 to Filing Dates: The application was 2015, applicant made a liquidating filed on January 20, 2016, and amended determine whether to approve or distribution to its shareholders, based disapprove the proposed rule change. on February 5, 2016. on net asset value. Expenses of Applicant’s Address: 150 South approximately $489 incurred in II. Description of the Proposal Warner Road, Suite 460–A, King of connection with the liquidation were Pursuant to ISE Rule 804(g)(1), the Prussia, PA 19406. paid by applicant’s investment adviser. Exchange requires market makers 7 to Arden Sage Triton Fund, L.L.C. [File Filing Date: The application was filed provide parameters according to which No. 811–21472]; Arden Sage Multi- on February 19, 2016. the Exchange will automatically remove Strategy TEI Institutional Fund, L.L.C. Applicant’s Address: 1300 South a market maker’s quotations in all series [File No. 811–22225]; Arden Sage Multi- Clinton Street, Fort Wayne, IN 46802. of an options class. Additionally, the Strategy Institutional Fund, L.L.C. [File For the Commission, by the Division of Exchange requires market makers to No. 811–22224]; Arden Sage Multi- Investment Management, pursuant to provide a market-wide parameter Strategy Fund, L.L.C. [File No. 811– delegated authority. according to which the Exchange will 21778] Robert W. Errett, automatically remove a market maker’s quotes in all classes when, during a time Summary: Applicants, closed-end Deputy Secretary. period established by the market maker, investment companies and feeder funds [FR Doc. 2016–04639 Filed 3–2–16; 8:45 am] the total number of quote removal in a master/feeder structure, seek an BILLING CODE 8011–01–P events (or ‘‘curtailment events’’) order declaring that they have each specified in Rule 804(g)(1) and in ceased to be an investment company. Supplementary Material .04 to Rule 722 On February 4, 2016, the master fund in SECURITIES AND EXCHANGE exceed such specified market-wide which each applicant invested COMMISSION parameter.8 The latter market-wide risk transferred its remaining assets to a [Release No. 34–77246; File No. SR–ISE– management functionality is known as a liquidating trust, based on net asset 2015–30] ‘‘market-wide speed bump’’ and is value. Each applicant’s investors available for quotes only on ISE or received cash and a pro rata interest in Self-Regulatory Organizations; across both ISE and ISE’s affiliated the liquidating trust based on the International Securities Exchange, exchange, ISE Gemini, LLC.9 number of each applicant’s units owned LLC; Order Instituting Proceedings To Currently, if ISE’s trading system by the investor. Expenses of $7,000 Determine Whether To Approve or removes all of a market maker’s quotes incurred by each applicant in Disapprove a Proposed Rule Change because a market-wide speed bump is connection with the liquidations were To Amend Rule 804(g) triggered, the market maker may re-enter paid by applicants’ investment adviser. February 26, 2016. the market and resume trading upon Filing Dates: The applications were notification to the Exchange’s Market filed on February 10, 2016, and I. Introduction Operations.10 The Exchange now amended on February 19, 2016 and On November 10, 2015, the proposes to amend ISE Rule 804(g)(2) to February 24, 2016. International Securities Exchange, LLC require Clearing Member approval Applicant’s Address: 375 Park (‘‘ISE’’ or the ‘‘Exchange’’) filed with the Avenue, 32nd Floor, New York, NY Securities and Exchange Commission Rights. See Article XIII, Section 13.1(l) of the 10152. (the ‘‘Commission’’), pursuant to Second Amended and Restated Constitution of ISE. 4 Arden Sage Multi-Strategy Master Section 19(b)(1) of the Securities See Securities Exchange Act Release No. 76506 1 (November 23, 2015), 80 FR 74829 (November 30, Fund, L.L.C. [File No. 811–22223] Exchange Act of 1934 (the ‘‘Act’’) and 2015) (‘‘Notice’’). 2 Rule 19b–4 thereunder, a proposed rule 5 Summary: Applicant, a closed-end See Securities Exchange Act Release No. 76893 change to require Clearing Member 3 (January 13, 2016), 81 FR 3217 (January 20, 2016). investment company and master fund in 6 15 U.S.C. 78s(b)(2)(B). a master/feeder structure, seeks an order 1 15 U.S.C. 78s(b)(1). 7 ISE has two categories of market makers: declaring that it has ceased to be an 2 17 CFR 240.19b–4. Primary Market Makers (‘‘PMMs’’) and Competitive investment company. On February 4, 3 A ‘‘Clearing Member’’ is a Member that is self- Market Makers (‘‘CMMs’’). A PMM is appointed to 2016, applicant transferred its clearing or an Electronic Access Member that clears each options class traded on the Exchange but a CMM may or may not be appointed to each such remaining assets to a liquidating trust, transactions executed on or through the facilities of the Exchange for other Members of the Exchange. options class. See ISE Rule 802. based on net asset value. Each of See ISE Rule 100(a)(8). An ‘‘Electronic Access 8 See ISE Rule 804(g)(2). applicant’s feeder funds received a pro Member’’ is an Exchange Member that is approved 9 Id. rata interest in the liquidating trust, to exercise trading privileges associated with EAM 10 See Notice, supra note 4, at 74830.

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before a market maker can resume should be approved or disapproved. amend ISE Rule 804(g) to require trading.11 Specifically, following a Institution of such proceedings is Clearing Member approval before a market-wide speed bump, the proposed appropriate at this time in view of the market maker can resume trading after rule requires a market maker to notify legal and policy issues raised by the triggering a market-wide speed bump. its Clearing Member(s) when it is ready proposed rule change, as discussed The Exchange justifies the change as to resume trading and requires each below. Institution of proceedings does appropriate because, ‘‘[w]hile in some applicable Clearing Member to inform not indicate that the Commission has cases this may result in a minimal delay the Exchange directly when its reached any conclusions with respect to for a market maker that wants to reenter authorization has been given for the any of the issues involved. Rather, as the market quickly following a market- market maker to resume trading.12 In described in greater detail below, the wide speed bump, the Exchange order to ‘‘facilitate a better response Commission seeks and encourages believes that Clearing Member approval time’’ from Clearing Members, so that a interested persons to provide additional . . . ensure[s] that the market maker market maker can re-enter the market, comment on the proposed rule change. does not prematurely enter the market the proposal also allows Exchange staff Pursuant to Section 19(b)(2)(B) of the without adequate safeguards . . .’’22 to notify Clearing Member(s) when a Act, the Commission is providing notice The Exchange, however, does not market maker’s quotes have been of the grounds for disapproval under provide any basis for its statement that removed pursuant to the market-wide consideration. The Commission is the proposed rule would result in only speed bump.13 instituting proceedings because the a ‘‘minimal delay’’ for a market maker The Exchange believes that it is proposal raises important issues that seeking to resume quoting. Moreover, appropriate to require Clearing Member warrant further public comment and the Exchange does not address how the approval before a market maker can re- Commission consideration. Specifically, proposal impacts the continuous enter the market after a market-wide the Commission is instituting quoting obligations of market makers. speed bump because the Clearing proceedings to allow for additional The Commission accordingly believes Member guarantees the market maker’s analysis of, and input from commenters the proposed rule change raises trades and bears the ultimate financial with respect to, the proposed rule questions regarding the ability of market risk associated with those transactions. change’s consistency with Section makers to meet their quoting obligations The Exchange notes that, while not all 6(b)(5) of the Act,17 which requires that and, therefore, whether the proposed market makers are Clearing Members, the rules of a national securities rule change is consistent with the all market makers require a Clearing exchange be designed, among other requirements of Section 6(b)(5) of the Member’s consent to clear transactions things, to prevent fraudulent and Act. on their behalf in order to conduct manipulative acts and practices, to IV. Procedure: Request for Written business on the Exchange.14 According promote just and equitable principles of Comments to the Exchange, the proposed rule trade, to remove impediments to and change will permit Clearing Members to perfect the mechanism of a free and The Commission requests that better monitor and manage the potential open market and a national market interested persons provide written risks assumed by a market maker and system and, in general, to protect submissions of their views, data and provide Clearing Members with greater investors and the public interest. arguments with respect to the concerns control and flexibility over their risk Under ISE’s current rules, a market identified above, as well as any other tolerance and exposure.15 maker must enter continuous quotations concerns they may have with the for the options classes to which it is proposed rule change. In particular, the III. Proceedings To Determine Whether appointed.18 In return, the market maker Commission invites the written views of To Approve or Disapprove SR–ISE– receives certain benefits, including interested persons concerning whether 2015–30 and Grounds for Disapproval participation entitlements 19 and an the proposal is consistent with Sections Under Consideration exception from the prohibition in 6(b)(5)23 or any other provision of the The Commission is instituting Section 11(a) of the Act.20 As the Act, or the rules and regulations proceedings pursuant to Section Commission has stated in the past, a thereunder. Although there does not 19(b)(2)(B) of the Act 16 to determine market maker must be subject to appear to be any issue relevant to whether the proposed rule change sufficient and commensurate affirmative approval or disapproval which would obligations, including the obligation to be facilitated by an oral presentation of 11 See proposed Rule 804(g)(2). hold itself out as willing to buy and sell views, data, and arguments, the 12 See id. options for its own account on a regular Commission will consider, pursuant to 13 See id. or continuous basis, to justify favorable Rule 19b–4 under the Act,24 any request 14 Each market maker authorized to trade on the treatment.21 As discussed above, Exchange must obtain from a Clearing Member a for an opportunity to make an oral 25 ‘‘Market Maker Letter of Guarantee’’ wherein the however, the Exchange now proposes to presentation. Clearing Member accepts financial responsibility Interested persons are invited to for all Exchange transactions made by the market 17 15 U.S.C. 78f(b)(5). submit written data, views, and maker. See ISE Rule 808. 18 See ISE Rule 804(e). arguments regarding whether the 15 See Notice, supra note 4, at 74830. Under ISE’s 19 See, e.g., ISE Rule 713. current rules, the Exchange may share any Member- 20 15 U.S.C. 78k(a). 22 See Notice, supra note 4, at 74830. designated risk settings in the trading system with 21 See, e.g., Securities Exchange Act Release No. 23 15 U.S.C. 78f(b)(5). the Clearing Member that clears transactions on 68341 (December 3, 2012), 77 FR 73065, 73076 24 behalf of the Member. See ISE Rule 706(a). (December 7, 2012) (approving the application of 17 CFR 240.19b–4. 16 15 U.S.C. 78s(b)(2)(B). Section 19(b)(2)(B) of the Miami International Securities Exchange, LLC for 25 Section 19(b)(2) of the Act, as amended by the Act also provides that proceedings to determine registration as a national securities exchange); Securities Act Amendments of 1975, Pub. L. 94–29 whether to disapprove a proposed rule change must Securities Exchange Act Release No. 70050 (July 26, (June 4, 1975), grants to the Commission flexibility be concluded within 180 days of the date of 2013), 78 FR 46622 (August 1, 2013) (approving the to determine what type of proceeding—either oral publication of notice of the filing of the proposed application of Topaz Exchange, LLC for registration or notice and opportunity for written comments— rule change. See id. The time for conclusion of the as a national securities exchange); Securities is appropriate for consideration of a particular proceedings may be extended for up to 60 days if Exchange Act Release No. 76998 (January 29, 2016), proposal by a self-regulatory organization. See the Commission finds good cause for such 81 FR 6066 (February 4, 2016) (approving the Securities Act Amendments of 1975, Senate Comm. extension and publishes its reasons for so finding. application of ISE Mercury, LLC for registration as on Banking, Housing & Urban Affairs, S. Rep. No. See id. a national securities exchange). 75, 94th Cong., 1st Sess. 30 (1975).

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proposal should be approved or the Commission does not edit personal II. Self-Regulatory Organization’s disapproved by March 24, 2016. Any identifying information from Statement of the Purpose of, and person who wishes to file a rebuttal to submissions. You should submit only Statutory Basis for, the Proposed Rule any other person’s submission must file information that you wish to make Change that rebuttal by April 7, 2016. In light available publicly. All submissions of the concerns raised by the proposed should refer to File Number SR–ISE– In its filing with the Commission, the rule change, as discussed above, the 2015–30 and should be submitted by Exchange included statements Commission invites additional comment March 24, 2016. Rebuttal comments concerning the purpose of and basis for on the proposed rule change as the should be submitted by April 7, 2016. the proposed rule change and discussed Commission continues its analysis of any comments it received on the For the Commission, by the Division of proposed rule change. The text of these the proposed rule change’s consistency Trading and Markets, pursuant to delegated 26 statements may be examined at the with Sections 6(b)(5) and 6(b)(8), or authority.27 places specified in Item IV below. The any other provision of the Act, or the Robert W. Errett, rules and regulations thereunder. The Exchange has prepared summaries, set Deputy Secretary. Commission asks that commenters forth in sections A, B, and C below, of address the sufficiency and merit of the [FR Doc. 2016–04637 Filed 3–2–16; 8:45 am] the most significant aspects of such Exchange’s statements in support of the BILLING CODE 8011–01–P statements. proposed rule change, in addition to any A. Self-Regulatory Organization’s other comments they may wish to SECURITIES AND EXCHANGE Statement of the Purpose of, and submit about the proposed rule change. COMMISSION Statutory Basis for, the Proposed Rule Comments may be submitted by any Change of the following methods: [Release No. 34–77245; File No. SR–Phlx– 1. Purpose Electronic Comments 2016–23] • Use the Commission’s Internet The Exchange proposes to adopt a comment form (http://www.sec.gov/ Self-Regulatory Organizations; new risk protection, a Kill Switch, rules/sro.shtml); or NASDAQ OMX PHLX LLC; Notice of applicable to all Phlx members and • Send an email to rule-comments@ Filing and Immediate Effectiveness of member organizations (hereinafter sec.gov. Please include File Number SR– Proposed Rule Change To Adopt a Kill ‘‘member(s)’’). The Kill Switch will ISE–2015–30 on the subject line. Switch allow Phlx members to remove quotes and cancel open orders and prevent new Paper Comments February 26, 2016. order submission. This feature provides • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the firms with a powerful risk management to Secretary, Securities and Exchange Securities Exchange Act of 1934 tool for immediate control of their quote Commission, 100 F Street NE., (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and order activity. Washington, DC 20549–1090. notice is hereby given that on February The Exchange proposes to relocate All submissions should refer to File 16, 2016, NASDAQ OMX PHLX LLC current Rule 1035, entitled ‘‘Acceptable Number SR–ISE–2015–30. This file (‘‘Phlx’’ or ‘‘Exchange’’) filed with the of Bid or Offer’’ [sic] to currently number should be included on the Securities and Exchange Commission reserved Rule 1019, title revised Rule subject line if email is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed 1019 ‘‘Acceptance of Bid or Offer,’’ and Commission process and review your rule change as described in Items I, II, add a new section (b) to Rule 1019. The comments more efficiently, please use and III, below, which Items have been Phlx Options Kill Switch will be an only one method. The Commission will prepared by the Exchange. The optional tool that enables Phlx members post all comments on the Commission’s Commission is publishing this notice to to initiate a message(s) 3 to the Phlx XL Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule system (‘‘System’’) to: (i) Promptly rules/sro.shtml). Copies of the change from interested persons. remove quotes; and/or (ii) promptly submission, all subsequent I. Self-Regulatory Organization’s cancel orders. Phlx members may amendments, all written statements Statement of the Terms of the Substance submit a request to the System to with respect to the proposed rule of the Proposed Rule Change remove/cancel quotes and/or orders change that are filed with the based on certain identifiers on either a Commission, and all written The Exchange proposes to relocate user or group level. Phlx members may communications relating to the language in current Rule 1035, entitled elect to remove quotes and cancel orders proposed rule change between the ‘‘Acceptable of Bid or Offer’’ [sic] to by Exchange account, port, and/or badge Commission and any person, other than Phlx Rule 1019 and adopt an optional or mnemonic (‘‘Identifier’’) or by a those that may be withheld from the Kill Switch protection. The Kill Switch group (one or more Identifier public in accordance with the will allow Phlx members to remove combinations),4 which are provided by provisions of 5 U.S.C. 552, will be quotes and cancel open orders and such Phlx member to the Exchange. available for Web site viewing and prevent new order submission. Phlx members may not remove quotes/ printing in the Commission’s Public The text of the proposed rule change orders by symbol. The System will send Reference Room, 100 F Street NE., is available on the Exchange’s Web site an automated message to the Phlx Washington, DC 20549 on official at http:// member when a Kill Switch request has business days between the hours of nasdaqomxphlx.cchwallstreet.com/, at 10:00 a.m. and 3:00 p.m. Copies of the the principal office of the Exchange, and 3 Phlx members will be able to utilize an interface filing also will be available for at the Commission’s Public Reference to send a message to the Exchange to initiate the inspection and copying at the principal Room. Kill Switch or they may contact the Exchange office of the Exchange. All comments directly. 4 The type of group permissible would be within received will be posted without change; 27 17 CFR 200.30–3(a)(57). a broker-dealer. For example, this could be 1 15 U.S.C. 78s(b)(1). including but not limited to all market maker 26 15 U.S.C. 78f(b)(5), (b)(8). 2 17 CFR 240.19b–4. accounts or all order entry ports.

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been processed by the Exchange’s The Exchange proposes to implement System will be processed prior to the System. this rule within ninety (90) days of the Kill Switch message. If the Phlx member selects quotes to implementation date. The Exchange will A Market Makers’ obligation to be cancelled utilizing the Kill Switch, issue an Options Trader Alert in provide continuous two-sided quotes on the Phlx member must send a message advance to inform market participants a daily basis is not diminished by the to the Exchange to request the removal of such date. removal of such quotes and/or orders by of all quotes requested for the specified utilizing the Kill Switch. Market Makers 2. Statutory Basis Identifier(s).5 The Phlx member will be will be required to provide continuous unable to enter any additional quotes for The Exchange believes that its two-sided quotes on a daily basis. the affected Identifier(s) until re-entry proposal is consistent with Section 6(b) Market Makers that utilize the Kill has been enabled pursuant to proposed of the Act 12 in general, and furthers the Switch will not be relieved of the section (b)(iii).6 objectives of Section 6(b)(5) of the Act 13 obligation to provide continuous two- If the Phlx member selects orders to in particular, in that it is designed to sided quotes on a daily basis, nor will be cancelled utilizing the Kill Switch, promote just and equitable principles of it prohibit the Exchange from taking the Phlx member must send a message trade, to remove impediments to and disciplinary action against a Market to the Exchange to request the perfect the mechanism of a free and Maker for failing to meet the continuous cancellation of all orders requested for open market and a national market quoting obligation each trading day. With respect to providing information the certain specified Identifier(s).7 The system, and, in general to protect regarding the removal of quotes and/or Phlx member will be unable to enter investors and the public interest, by cancellation of orders as a result of the additional orders for the affected enhancing the risk protections available Kill Switch to the Clearing Member, Identifier(s) until re-entry has been to Exchange members. The proposal each Member that transacts through a enabled pursuant to section (b)(iii). promotes policy goals of the Clearing Member on the Exchange Proposed section (b)(iii) stipulates Commission which has encouraged executes a Letter of Guarantee wherein that after quotes and/or orders are execution venues, exchange and non- the Clearing Member accepts financial removed/cancelled by the Phlx member exchange alike, to enhance risk responsibility for all Exchange utilizing the Kill Switch, the Phlx protection tools and other mechanisms transactions made by the Phlx member member will be unable to enter to decrease risk and increase stability. on whose behalf the Clearing Member additional quotes and/or orders for the The individual firm benefits of submits the Letter of Guarantee. The affected Identifier(s) until the Phlx enhanced risk protections flow Exchange believes that because Clearing member has made a request to the downstream to counter-parties both at Members guarantee all transactions on Exchange and Exchange staff has set a the Exchange and at other options behalf of a member, and therefore bear re-entry indicator to enable re-entry.8 exchanges, thereby increasing systemic the risk associated with those Once enabled for re-entry, the System protections as well. Additionally, transactions, it is appropriate for will send a Re-entry Notification because the Exchange offers this risk Clearing members to have knowledge of Message to the Phlx member. The tool to all Phlx members, the Exchange the utilization by the member of the Kill applicable Clearing member for that believes this will allow Phlx members to Switch, should the Clearing member Phlx member also will be notified of the enter quotes and orders without fear of request such notification. re-entry into the System after quotes inadvertent exposure to excessive risk, B. Self-Regulatory Organization’s and/or orders are removed/cancelled as which in turn will benefit investors Statement on Burden on Competition a result of the Kill Switch, provided the through increased liquidity for the Clearing member has requested to execution of their orders, thereby The Exchange does not believe that receive such notification. protecting investors and the public the proposed rule change will impose The Exchange offers many risk interest. any burden on competition not mitigation and management tools today This optional risk tool as noted above necessary or appropriate in furtherance including, but not limited to, certain of the purposes of the Act. The proposal will be offered to all Phlx members. The rapid fire risk controls,9 Rule 15c3–5 does not impose an undue burden on Exchange further represents that its risk controls,10 Order Price intra-market competition because all proposal will operate consistently with Protections,11 and cancel on disconnect Phlx members may avail themselves of the firm quote obligations of a broker- and purge functionality for Specialized the Kill Switch. The Kill Switch dealer pursuant to Rule 602 of Quote Feed (SQF). The Kill Switch functionality is optional. The proposed Regulation NMS and that the offers members a means to control their rule change is meant to protect Phlx functionality is not mandatory. exposure, through an interface which is members in the event the Phlx member Specifically, any interest that is not dependent on the integrity of the is suffering from a systems issue or from executable against a Phlx member’s member’s own systems, should the the occurrence of unusual or quotes and orders that are received 14 by member experience a failure. unexpected market activity that would the Exchange prior to the time the Kill require them to withdraw from the Switch is processed by the System will 5 See note 3. market in order to protect investors. The automatically execute at the price up to 6 PIXL Orders will not be cancelled. PIXLSM is the ability to control risk at either the user the Phlx member’s size. The Kill Switch Exchange’s price improvement mechanism known or group level will permit the Phlx as Price Improvement XL or PIXL. See Rule 1080(n). message will be accepted by the System member to protect itself from Of note, sweeps will be cancelled. A sweep is a one- in the order of receipt in the queue and inadvertent exposure to excessive risk at sided electronic quote submitted over the will be processed in that order so that Specialized Quote Feed, which is the market each level. Reducing such risk will interest that is already accepted into the making quoting interface. enable Phlx members to enter quotes 7 See note 3. and orders without fear of inadvertent 8 The Phlx member must directly and verbally 12 15 U.S.C. 78f(b). exposure to excessive risk, which in contact the Exchange to request the re-set. 13 15 U.S.C. 78f(b)(5). 9 See Phlx Rule 1095. 14 The time of receipt for an order or quote is the turn will benefit investors through 10 See § 240.15c3–5. time such message is processed by the Exchange increased liquidity for the execution of 11 See Phlx Rule 1084. Order Book. their orders. Such increased liquidity

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benefits investors because they receive Paper Comments hear oral argument in an appeal from an better prices and because it lowers • Send paper comments in triplicate initial decision of an administrative law volatility in the options market. For to Secretary, Securities and Exchange judge by respondents J.S. Oliver Capital these reasons, the Exchange does not Commission, 100 F Street NE., Management, L.P. (‘‘J.S. Oliver’’), and believe this proposal imposes an undue Washington, DC 20549–1090. Ian O. Mausner (‘‘Mausner’’). burden on inter-market competition On August 5, 2014, the law judge because other exchanges offer the same All submissions should refer to File found that, beginning in 2008, J.S. functionality. Number SR–Phlx–2016–23. This file Oliver, a registered investment adviser, number should be included on the and Mausner, its principal, violated C. Self-Regulatory Organization’s subject line if email is used. To help the Statement on Comments on the antifraud provisions of the securities Commission process and review your laws by cherry picking profitable trades Proposed Rule Change Received From comments more efficiently, please use Members, Participants, or Others for favored accounts and by failing to only one method. The Commission will disclose uses of soft dollar commissions No written comments were either post all comments on the Commission’s to their clients. The initial decision also solicited or received. Internet Web site (http://www.sec.gov/ found related compliance and rules/sro.shtml). Copies of the III. Date of Effectiveness of the recordkeeping violations. For their submission, all subsequent Proposed Rule Change and Timing for violations, the law judge barred amendments, all written statements Commission Action Mausner from the securities industry, with respect to the proposed rule revoked J.S. Oliver’s investment adviser Because the foregoing proposed rule change that are filed with the change does not: (i) Significantly affect registration, issued cease-and-desist Commission, and all written orders against them, and ordered the protection of investors or the public communications relating to the interest; (ii) impose any significant respondents to disgorge $1,376,440. The proposed rule change between the law judge also imposed civil money burden on competition; and (iii) become Commission and any person, other than operative for 30 days from the date on penalties of $3,040,000 on Mauser and those that may be withheld from the $14,975,000 on J.S. Oliver. which it was filed, or such shorter time public in accordance with the as the Commission may designate, it has Respondents appealed the civil provisions of 5 U.S.C. 552, will be money penalties imposed in the initial become effective pursuant to Section available for Web site viewing and 19(b)(3)(A)(iii) of the Act 15 and decision. The oral argument is likely to printing in the Commission’s Public address what penalties, if any, are subparagraph (f)(6) of Rule 19b–4 Reference Room, 100 F Street NE., 16 appropriate in the public interest. Also thereunder. Washington, DC 20549 on official At any time within 60 days of the likely to be considered at oral argument business days between the hours of is whether these administrative filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of such Commission summarily may proceedings violate the U.S. filing also will be available for Constitution. temporarily suspend such rule change if inspection and copying at the principal For further information, please it appears to the Commission that such office of the Exchange. All comments contact the Office of the Secretary at action is: (i) Necessary or appropriate in received will be posted without change; (202) 551–5400. the public interest; (ii) for the protection the Commission does not edit personal of investors; or (iii) otherwise in identifying information from Dated: February 29, 2016. furtherance of the purposes of the Act. submissions. You should submit only Brent J. Fields, If the Commission takes such action, the information that you wish to make Secretary. Commission shall institute proceedings available publicly. All submissions [FR Doc. 2016–04792 Filed 3–1–16; 11:15 am] to determine whether the proposed rule should refer to File Number SR–Phlx– BILLING CODE 8011–01–P should be approved or disapproved. 2016–23, and should be submitted on or IV. Solicitation of Comments before March 24, 2016. Interested persons are invited to For the Commission, by the Division of SECURITIES AND EXCHANGE submit written data, views, and Trading and Markets, pursuant to delegated COMMISSION arguments concerning the foregoing, authority.17 including whether the proposed rule Robert W. Errett, [Release No. 34–77247; File No. SR–ISE change is consistent with the Act. Deputy Secretary. Gemini–2015–17] Comments may be submitted by any of [FR Doc. 2016–04636 Filed 3–2–16; 8:45 am] Self-Regulatory Organizations; ISE the following methods: BILLING CODE 8011–01–P Gemini, LLC; Order Instituting Electronic Comments Proceedings To Determine Whether To • Use the Commission’s Internet SECURITIES AND EXCHANGE Approve or Disapprove a Proposed comment form (http://www.sec.gov/ COMMISSION Rule Change To Amend Rule 804(g) rules/sro.shtml); or February 26, 2016. • Send an email to rule-comments@ Sunshine Act Meeting sec.gov. Please include File Number SR– I. Introduction Notice is hereby given, pursuant to Phlx–2016–23 on the subject line. the provisions of the Government in the On November 12, 2015, the ISE Gemini, LLC (‘‘ISE Gemini’’ or the 15 Sunshine Act, Public Law 94–409, that 15 U.S.C. 78s(b)(3)(a)(iii). ‘‘Exchange’’) filed with the Securities 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– the Securities and Exchange 4(f)(6) requires a self-regulatory organization to give Commission will hold an Open Meeting and Exchange Commission (the the Commission written notice of its intent to file on Monday, March 7, 2016, at 3:30 p.m., ‘‘Commission’’), pursuant to Section the proposed rule change at least five business days in the Auditorium (L–002) at the 19(b)(1) of the Securities Exchange Act prior to the date of filing of the proposed rule of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 change, or such shorter time as designated by the Commission’s headquarters building, to Commission. The Exchange has satisfied this requirement. 17 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1).

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thereunder,2 a proposed rule change to bump is triggered, the market maker 19(b)(2)(B) of the Act 16 to determine require Clearing Member 3 approval for may re-enter the market and resume whether the proposed rule change a market maker to resume trading after trading upon notification to the should be approved or disapproved. the activation of a market-wide speed Exchange’s Market Operations.10 The Institution of such proceedings is bump under ISE Gemini Rule 804(g). Exchange now proposes to amend ISE appropriate at this time in view of the The proposed rule change was Gemini Rule 804(g)(2) to require legal and policy issues raised by the published for comment in the Federal Clearing Member approval before a proposed rule change, as discussed Register on November 30, 2015.4 On market maker can resume trading.11 below. Institution of proceedings does January 13, 2016, the Commission Specifically, following a market-wide not indicate that the Commission has extended the time period within which speed bump, the proposed rule requires reached any conclusions with respect to to approve the proposed rule change, a market maker to notify its Clearing any of the issues involved. Rather, as disapprove the proposed rule change, or Member(s) when it is ready to resume described in greater detail below, the institute proceedings to determine trading and requires each applicable Commission seeks and encourages whether to disapprove the proposed Clearing Member to inform the 5 interested persons to provide additional rule change to February 28, 2016. The Exchange directly when its comment on the proposed rule change. Commission did not receive any authorization has been given for the comments on the proposed rule change. market maker to resume trading.12 In Pursuant to Section 19(b)(2)(B) of the This order institutes proceedings under order to ‘‘facilitate a better response Act, the Commission is providing notice Section 19(b)(2)(B) of the Act 6 to time’’ from Clearing Members, so that a of the grounds for disapproval under determine whether to approve or market maker can re-enter the market, consideration. The Commission is disapprove the proposed rule change. the proposal also allows Exchange staff instituting proceedings because the proposal raises important issues that II. Description of the Proposal to notify Clearing Member(s) when a market maker’s quotes have been warrant further public comment and Pursuant to ISE Gemini Rule removed pursuant to the market-wide Commission consideration. Specifically, 804(g)(1), the Exchange requires market speed bump.13 the Commission is instituting makers 7 to provide parameters proceedings to allow for additional according to which the Exchange will The Exchange believes that it is analysis of, and input from commenters automatically remove a market maker’s appropriate to require Clearing Member with respect to, the proposed rule quotations in all series of an options approval before a market maker can re- change’s consistency with Section class. Additionally, the Exchange enter the market after a market-wide 6(b)(5) of the Act,17 which requires that requires market makers to provide a speed bump because the Clearing the rules of a national securities market-wide parameter according to Member guarantees the market maker’s exchange be designed, among other which the Exchange will automatically trades and bears the ultimate financial things, to prevent fraudulent and risk associated with those transactions. remove a market maker’s quotes in all manipulative acts and practices, to The Exchange notes that, while not all classes when, during a time period promote just and equitable principles of market makers are Clearing Members, established by the market maker, the trade, to remove impediments to and all market makers require a Clearing total number of quote removal events (or perfect the mechanism of a free and Member’s consent to clear transactions ‘‘curtailment events’’) specified in Rule open market and a national market on their behalf in order to conduct 804(g)(1) exceed such specified market- system and, in general, to protect 8 business on the Exchange.14 According wide parameter. The latter market-wide investors and the public interest. risk management functionality is known to the Exchange, the proposed rule as a ‘‘market-wide speed bump’’ and is change will permit Clearing Members to Under ISE Gemini’s current rules, a available for quotes only on ISE Gemini better monitor and manage the potential market maker must enter continuous or across both ISE Gemini and ISE risks assumed by a market maker and quotations for the options classes to Gemini’s affiliated exchange, provide Clearing Members with greater which it is appointed.18 In return, the International Securities Exchange, LLC.9 control and flexibility over their risk market maker receives certain benefits, Currently, if ISE Gemini’s trading tolerance and exposure.15 including participation entitlements 19 system removes all of a market maker’s and an exception from the prohibition quotes because a market-wide speed III. Proceedings To Determine Whether in Section 11(a) of the Act.20 As the To Approve or Disapprove SR–ISE Commission has stated in the past, a 2 17 CFR 240.19b–4. Gemini–2015–17 and Grounds for market maker must be subject to 3 A ‘‘Clearing Member’’ is a Member that is self- Disapproval Under Consideration sufficient and commensurate affirmative clearing or an Electronic Access Member that clears transactions for other members of the Exchange. See The Commission is instituting obligations, including the obligation to ISE Gemini Rule 100(a)(9). An ‘‘Electronic Access proceedings pursuant to Section hold itself out as willing to buy and sell Member’’ is an Exchange Member that is approved options for its own account on a regular to exercise trading privileges associated with EAM or continuous basis, to justify favorable Rights. See Article XIII, Section 13.1(j) of the 10 See Notice, supra note 4, at 74824. Constitution of ISE Gemini. 11 See proposed Rule 804(g)(2). 4 See Securities Exchange Act Release No. 76505 12 See id. 16 15 U.S.C. 78s(b)(2)(B). Section 19(b)(2)(B) of the (November 23, 2015), 80 FR 74824 (November 30, 13 See id. Act also provides that proceedings to determine 2015) (‘‘Notice’’). 14 Each market maker authorized to trade on the whether to disapprove a proposed rule change must 5 See Securities Exchange Act Release No. 76894 Exchange must obtain from a Clearing Member a be concluded within 180 days of the date of (January 13, 2016), 81 FR 3218 (January 20, 2016). ‘‘Market Maker Letter of Guarantee’’ wherein the publication of notice of the filing of the proposed 6 15 U.S.C. 78s(b)(2)(B). Clearing Member accepts financial responsibility rule change. See id. The time for conclusion of the 7 ISE Gemini has two categories of market makers: for all Exchange transactions made by the market proceedings may be extended for up to 60 days if Primary Market Makers (‘‘PMMs’’) and Competitive maker. See ISE Gemini Rule 808. the Commission finds good cause for such extension and publishes its reasons for so finding. Market Makers (‘‘CMMs’’). A PMM is appointed to 15 See Notice, supra note 4, at 74825. Under ISE See id. each options class traded on the Exchange but a Gemini’s current rules, the Exchange may share any 17 CMM may or may not be appointed to each such Member-designated risk settings in the trading 15 U.S.C. 78f(b)(5). options class. See ISE Gemini Rule 802. system with the Clearing Member that clears 18 See ISE Gemini Rule 804(e). 8 See ISE Gemini Rule 804(g)(2). transactions on behalf of the Member. See ISE 19 See, e.g., ISE Gemini Rule 713. 9 Id. Gemini Rule 706(a). 20 15 U.S.C. 78k(a).

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treatment.21 As discussed above, for an opportunity to make an oral those that may be withheld from the however, the Exchange now proposes to presentation.25 public in accordance with the amend ISE Gemini Rule 804(g) to Interested persons are invited to provisions of 5 U.S.C. 552, will be require Clearing Member approval submit written data, views, and available for Web site viewing and before a market maker can resume arguments regarding whether the printing in the Commission’s Public trading after triggering a market-wide proposal should be approved or Reference Room, 100 F Street NE., speed bump. disapproved by March 24, 2016. Any Washington, DC 20549 on official The Exchange justifies the change as person who wishes to file a rebuttal to business days between the hours of appropriate because, ‘‘[w]hile in some any other person’s submission must file 10:00 a.m. and 3:00 p.m. Copies of the cases this may result in a minimal delay that rebuttal by April 7, 2016. In light filing also will be available for for a market maker that wants to reenter of the concerns raised by the proposed inspection and copying at the principal the market quickly following a market- rule change, as discussed above, the office of the Exchange. All comments wide speed bump, the Exchange Commission invites additional comment received will be posted without change; believes that Clearing Member approval on the proposed rule change as the the Commission does not edit personal . . . ensure[s] that the market maker Commission continues its analysis of identifying information from does not prematurely enter the market the proposed rule change’s consistency submissions. You should submit only without adequate safeguards . . .’’ 22 with Sections 6(b)(5) and 6(b)(8),26 or information that you wish to make The Exchange, however, does not any other provision of the Act, or the available publicly. All submissions provide any basis for its statement that rules and regulations thereunder. The should refer to File Number SR–ISE the proposed rule would result in only Commission asks that commenters Gemini–2015–17 and should be a ‘‘minimal delay’’ for a market maker address the sufficiency and merit of the submitted by March 24, 2016. Rebuttal seeking to resume quoting. Moreover, Exchange’s statements in support of the comments should be submitted by April the Exchange does not address how the proposed rule change, in addition to any 7, 2016. proposal impacts the continuous other comments they may wish to quoting obligations of market makers. submit about the proposed rule change. For the Commission, by the Division of The Commission accordingly believes Comments may be submitted by any Trading and Markets, pursuant to delegated authority.27 the proposed rule change raises of the following methods: Robert W. Errett, questions regarding the ability of market Electronic Comments makers to meet their quoting obligations Deputy Secretary. • and, therefore, whether the proposed Use the Commission’s Internet [FR Doc. 2016–04638 Filed 3–2–16; 8:45 am] rule change is consistent with the comment form (http://www.sec.gov/ BILLING CODE 8011–01–P requirements of Section 6(b)(5) of the rules/sro.shtml); or • Act. Send an email to rule-comments@ sec.gov. Please include File Number SR– SECURITIES AND EXCHANGE IV. Procedure: Request for Written ISE Gemini–2015–17 on the subject line. COMMISSION Comments Paper Comments The Commission requests that • Send paper comments in triplicate [Release No. 34–77241; File No. SR– interested persons provide written NYSEMKT–2016–30] submissions of their views, data and to Secretary, Securities and Exchange arguments with respect to the concerns Commission, 100 F Street NE., Self-Regulatory Organizations; NYSE identified above, as well as any other Washington, DC 20549–1090. MKT LLC; Notice of Filing and concerns they may have with the All submissions should refer to File Immediate Effectiveness of Proposed proposed rule change. In particular, the Number SR–ISE Gemini–2015–17. This Rule Change Adopting Investigation, Commission invites the written views of file number should be included on the Disciplinary, Sanction, and Other interested persons concerning whether subject line if email is used. To help the Procedural Rules Modeled on the the proposal is consistent with Sections Commission process and review your Rules of the New York Stock Exchange 6(b)(5) 23 or any other provision of the comments more efficiently, please use LLC and Certain Conforming and Act, or the rules and regulations only one method. The Commission will Technical Changes thereunder. Although there does not post all comments on the Commission’s appear to be any issue relevant to Internet Web site (http://www.sec.gov/ February 26, 2016. approval or disapproval which would rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) 1 of the be facilitated by an oral presentation of submission, all subsequent Securities Exchange Act of 1934 views, data, and arguments, the amendments, all written statements (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Commission will consider, pursuant to with respect to the proposed rule notice is hereby given that, on February Rule 19b–4 under the Act,24 any request change that are filed with the 19, 2016, NYSE MKT LLC (‘‘Exchange’’ Commission, and all written or ‘‘NYSE MKT’’) filed with the 21 See, e.g., Securities Exchange Act Release No. communications relating to the Securities and Exchange Commission 68341 (December 3, 2012), 77 FR 73065, 73076 proposed rule change between the (December 7, 2012) (approving the application of (‘‘Commission’’) the proposed rule Miami International Securities Exchange, LLC for Commission and any person, other than change as described in Items I and II registration as a national securities exchange); below, which Items have been prepared Securities Exchange Act Release No. 70050 (July 26, 25 Section 19(b)(2) of the Act, as amended by the by the self-regulatory organization. The 2013), 78 FR 46622 (August 1, 2013) (approving the Securities Act Amendments of 1975, Pub. L. 94–29 application of Topaz Exchange, LLC for registration (June 4, 1975), grants to the Commission flexibility Commission is publishing this notice to as a national securities exchange); Securities to determine what type of proceeding—either oral solicit comments on the proposed rule Exchange Act Release No. 76998 (January 29, 2016), or notice and opportunity for written comments— change from interested persons. 81 FR 6066 (February 4, 2016) (approving the is appropriate for consideration of a particular application of ISE Mercury, LLC for registration as proposal by a self-regulatory organization. See a national securities exchange). Securities Act Amendments of 1975, Senate Comm. 27 17 CFR 200.30–3(a)(57). 22 See Notice, supra note 4, at 74825. on Banking, Housing & Urban Affairs, S. Rep. No. 1 15 U.S.C.78s(b)(1). 23 15 U.S.C. 78f(b)(5). 75, 94th Cong., 1st Sess. 30 (1975). 2 15 U.S.C. 78a. 24 17 CFR 240.19b–4. 26 15 U.S.C. 78f(b)(5), (b)(8). 3 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s parties entered into a Regulatory to adopt, with certain changes, the text Statement of the Terms of the Substance Services Agreement (‘‘RSA’’), whereby of the NYSE Rule 8000 and Rule 9000 of the Proposed Rule Change FINRA was retained to perform certain Series, as modified to reflect The Exchange proposes to [sic] (1) regulatory services for non-common amendments recently proposed by the investigation, disciplinary, sanction, rules. Following its acquisition by NYSE NYSE and described in more detail and other procedural rules modeled on Euronext in 2008, NYSE MKT amended below. the rules of the New York Stock certain of its disciplinary rules to make The Exchange notes that some of its Exchange LLC (‘‘NYSE’’), and (2) certain them substantially the same as NYSE’s member organizations, by virtue of their conforming and technical changes. The disciplinary rules, and NYSE MKT membership in other self-regulatory text of the proposed rule change is became a party to the RSA.6 organizations (‘‘SRO’’), are already available on the Exchange’s Web site at On June 14, 2010, the RSA was subject to rules that are similar to the www.nyse.com, at the principal office of amended to retain FINRA to perform the proposed rules. All NYSE MKT member the Exchange, and at the Commission’s market surveillance and enforcement organizations that have equity trading Public Reference Room. functions that had, up to that point, licenses are also NYSE members been performed by NYSE Regulation.7 pursuant to Rule 2—Equities. Several II. Self-Regulatory Organization’s To facilitate FINRA’s performance of other NYSE MKT member organizations Statement of the Purpose of, and these functions, the Exchange amended and NYSE Amex Trading Permit Statutory Basis for, the Proposed Rule its rules to provide that Exchange rules (‘‘ATP’’) Holders also are members of Change that refer to NYSE Regulation or its staff, FINRA (‘‘Dual Members’’). As such, In its filing with the Commission, the Exchange staff, and Exchange these Dual Members are already subject self-regulatory organization included departments should be understood to to their respective Rule 8000 Series and statements concerning the purpose of, also refer to FINRA staff and FINRA Rule 9000 Series. Certain member and basis for, the proposed rule change departments acting on behalf of the organizations that are not members of and discussed any comments it received Exchange pursuant to the RSA.8 FINRA or NYSE are members of The on the proposed rule change. The text In 2013, the NYSE adopted NASDAQ Stock Market (‘‘NASDAQ’’), of those statements may be examined at disciplinary rules that are, with certain which has similar disciplinary rules to the places specified in Item IV below. exceptions, substantially the same as the FINRA and are therefore also already The Exchange has prepared summaries, text of the FINRA Rule 8000 Series and subject to similar rules. The proposed set forth in sections A, B, and C below, Rule 9000 Series, and which set forth rule change would result in the of the most significant parts of such rules for conducting investigations and Exchange and NYSE having statements. enforcement actions (the ‘‘2013 NYSE substantially the same disciplinary Disciplinary Rule Filing’’).9 The new process, which would closely resemble A. Self-Regulatory Organization’s NYSE disciplinary rules were FINRA’s process. Statement of the Purpose of, and implemented on July 1, 2013.10 Set forth below in this Purpose Statutory Basis for, the Proposed Rule To achieve further rule harmonization section are: Change • among exchanges and to facilitate the A description of the Exchange’s 1. Purpose reintegration of regulatory functions current disciplinary rules, Rules 475– from FINRA,11 the Exchange proposes 477; The Exchange proposes (1) • a description of the proposed rule investigation, disciplinary, sanction, change and transition generally; 6 See Securities Exchange Act Release No. 58673 • and other procedural rules that are (September 29, 2008), 73 FR 57707 (October 3, a more detailed description of the modeled on the rules of its affiliate New 2008) (SR–Amex–2008–62 & SR–NYSE–2008–60). proposed rules with a comparison to the York Stock Exchange LLC (‘‘NYSE’’), Certain of these rules were transitional in nature, current rules; and (2) certain conforming and and the Exchange later deleted them because they • a description of technical and technical changes. were obsolete. See Securities Exchange Act Release No. 70294 (August 30, 2013), 78 FR 54943 conforming amendments; and • a description of current rules that Background and Description of (September 6, 2013) (SR–NYSEMKT–2013–72). 7 will not be carried over into the Proposed Rule Change See Securities Exchange Act Release No. 62355 (June 22, 2010), 75 FR 36729 (June 28, 2010) (SR– proposed rule set and the reasons On July 30, 2007, the National NYSE–2010–46); Securities Exchange Act Release therefor. Association of Securities Dealers, Inc. No. 62354 (June 22, 2010), 75 FR 36730 (June 28, 12 (‘‘NASD’’), NYSE, and NYSE 2010) (SR–NYSEAmex–2010–57). Current Rules 475–477 8 See Rule 0. Notwithstanding the RSA, the Regulation, Inc. (‘‘NYSE Regulation’’), a Exchange retains ultimate legal responsibility for, This section summarizes NYSE not-for-profit subsidiary of the NYSE,4 and control of, the Exchange’s regulatory functions MKT’s current disciplinary rules, which consolidated their member firm performed by FINRA. Securities Exchange Act regulation operations into a combined Release No. 62354 (June 22, 2010), 75 FR 36730 of the Exchange, and certain cross-market organization, the Financial Industry (June 28, 2010) (SR–NYSEAmex–2010–57). surveillance and related investigation and 9 See Securities Exchange Act Release Nos. 68678 enforcement activities. On August 14, 2015, NYSE Regulatory Authority, Inc. (‘‘FINRA’’), (January 16, 2013), 78 FR 5213 (January 24, 2013) filed a proposed rule change to amend certain of its and entered into a plan to allocate to (SR–NYSE–2013–02) (‘‘2013 Notice’’), 69045 disciplinary rules to facilitate the reintegration of FINRA regulatory responsibility for (March 5, 2013), 78 FR 15394 (March 11, 2013) (SR– these regulatory functions from FINRA as of January common rules and common members NYSE–2013–02) (‘‘2013 Approval Order’’), and 1, 2016, which filing was approved on November 69963 (July 10, 2013), 78 FR 42573 (July 16, 2013) 5 13, 2015 (the ‘‘NYSE Reintegration Facilitation (‘‘17d–2 Agreement’’). In 2007, the (SR–NYSE–2013–49). Filing’’). See Securities Exchange Act Release No. 10 See NYSE Information Memorandum 13–8 75721 (Aug. 18, 2015), 80 FR 51334 (August 24, 4 NYSE Regulation performs regulatory functions (May 24, 2013). 2015) (‘‘Notice’’) and Exchange Act Release No. for the Exchange pursuant to an intercompany 11 In October 2014, the Exchange announced that, 76436 (November 13, 2015), 80 FR 72460 Regulatory Services Agreement (the ‘‘Intercompany upon expiration of the current RSA on December (November 19, 2015) (‘‘Approval Order’’) (SR– RSA’’). 31, 2015, certain market surveillance, investigation NYSE–2015–35). 5 See Securities Exchange Act Release No. 56148 and enforcement functions performed on behalf of 12 All references are to NYSE MKT rules unless (July 26, 2007), 72 FR 42146 (August 1, 2007) (File the Exchange would be reintegrated. It is otherwise noted. Further, where current or No. 4–544) (Notice of Filing and Order Approving anticipated that FINRA, under the new RSA, will proposed NYSE MKT rules or NYSE rules use and Declaring Effective a Plan for the Allocation of continue to conduct, inter alia, the registration, capitalized terms, descriptions of such rules herein Regulatory Responsibilities). testing and examination of broker-dealer members follow those capitalization conventions.

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are set forth in Section 9A of the Office the specific grounds on which the Under Rule 475(f), any person Rules and apply to both the NYSE MKT summary action is based. The suspended under Rule 475 may, at any equities market and the NYSE Amex Commission, by order, may stay any time, be reinstated by the Exchange options market. such summary action in accordance Board of Directors. with the provisions of the Act. Under Rule 475(g), any person Current Rule 475—Summary Rule 475(c) governs hearings and suspended under Rule 475 may be Proceedings proceedings pursuant to Rule 475(a) and disciplined in accordance with the Rule 475 sets forth summary (b). Hearings are conducted by a Hearing Exchange’s rules for any offense procedures under which the Exchange Officer, appointed by the Exchange committed before or after the may prohibit or limit access to services. Board of Directors, acting alone. The suspension. Under Rule 475(a), except as otherwise Hearing Officer schedules and conducts Under Rule 475(h), a member provided in Rule 475(b), the Exchange hearings promptly and, in doing so, suspended under Rule 475 is deprived may not prohibit or limit any person provides such discovery to the person during the term of the suspension of all with respect to access to services offered whose access or suspension is the rights and privileges of membership, by the Exchange or any member or subject of such a hearing and to the and any suspension of a member or member organization thereof unless the Exchange officers and employees. The principal executive creates a vacancy in Exchange has provided 15 days’ prior Hearing Officer renders determinations any office or position held by such written notice of, and an opportunity to based upon the record at such hearings. member or principal executive. be heard upon, the specific grounds for The Hearing Officer may modify, Under Rule 475(i), the limitations on such prohibition or limitation. The reverse, or terminate a summary action, the Chief Executive Officer (‘‘CEO’’) of Exchange must keep a record of any unless within 10 days of such the Exchange contained in Rule 476(l) such proceeding. Any determination by determination, a request for review is that prohibit the CEO from initiating a the Exchange to prohibit or limit access filed with the Secretary of the Exchange. call for review apply to all matters to services must be supported by a Any member of the Exchange Board of under Rule 475. statement setting forth the specific Directors, any member of the Committee Under Rule 475(j), any member of the grounds for the prohibition or for Review (‘‘CFR’’),13 and either the Exchange Board of Directors, any limitation. Exchange or the respondent may require member of the CFR, the Exchange, and Under Rule 475(b), the Exchange may a review by the Exchange Board of the respondent may require a review by summarily suspend persons subject to Directors of any determination by the the Exchange Board of Directors of any its jurisdiction that have been expelled Hearing Officer. The Exchange Board of determination under Rule 475 by filing or suspended by another SRO, or barred Directors, with the advice of the CFR, with the Secretary of the Exchange a or suspended from being associated may affirm, modify, or reverse any such written request therefor within 10 days with a member or any such SRO, as long determination, or remand the matter to following such determination. The as any such summary suspension the Hearing Officer for further Exchange Board of Directors, with the imposed by the Exchange does not proceedings. Unless the Exchange Board advice of the CFR, shall have the power exceed the termination of the of Directors otherwise specifically to affirm, modify, or reverse any such suspension imposed by the other SRO. directs, the determination and the determination, or remand the matter for The Exchange also may suspend a further proceedings. Unless the member or member organization that is penalty, if any, of the Exchange Board of Directors after review is final and Exchange Board of Directors otherwise in such financial or operating difficulty specifically directs, the determination that the Exchange determines, and so conclusive, subject to the provisions for review under the Act. and the penalty, if any, of the Exchange notifies the SEC, that the member or Board of Directors after review is final member organization cannot be Under Rule 475(d), whenever a member or member organization fails to and conclusive, subject to the permitted to continue to do business provisions for review under the Act. with safety to investors, creditors, other perform its contracts, becomes members or member organizations, or insolvent, or is in such financial or Current Rule 476—Disciplinary the Exchange. The Exchange also may operating difficulty that it cannot be Proceedings permitted to continue to do business as limit or prohibit any person with Rule 476 governs disciplinary respect to access to Exchange services if a member or member organization with safety to investors, creditors, other proceedings involving charges against such person has been summarily members, member organizations, suspended under this rule or, in the members or member organizations, or the Exchange, such member or member principal executives, approved persons, case of a person who is not a member employees, or others subject to the or member organization, if the Exchange organization must promptly give written notice thereof to the Secretary of the Exchange’s jurisdiction. Under Rule determines that such person does not 476(a), if such a person is adjudged meet the qualification requirements or Exchange. Under Rule 475(e), any person guilty of certain offenses in a proceeding other prerequisites for such access and under Rule 476, then a Hearing Panel or such person cannot be permitted to suspended under the provisions of the rule must, at the request of the Hearing Officer, in accordance with the continue to have such access with safety Sanctions Guidelines in Rule 476.10,14 to investors, creditors, members, Exchange, submit to the Exchange its books and records or the books and member organizations, or the Exchange. 14 The Sanctions Guidelines in Rule 476.10 apply Any person subject to summary action records of any employee thereof and to certain options-related violations. See Securities must receive written notice and an furnish information to or appear or Exchange Act Release Nos. 45412 (February 7, opportunity to be heard by the Exchange testify before or cause any such 2002), 67 FR 6770 (February 13, 2002); 45566 employee to appear or testify before the (March 15, 2002), 67 FR 13379 (March 22, 2002) upon the specific grounds for the action, (SR–Amex–2001–68). The Exchange filed this and the Exchange must keep a record of Exchange. proposed rule change pursuant to the provisions of any summary proceeding. Any Section IV.B.i of the Commission’s September 11, 13 The CFR is a subcommittee of the Exchange’s 2000 Order Instituting Public Administrative determination by the Exchange with Regulatory Oversight Committee (‘‘ROC’’). See Proceedings Pursuant to Section 19(h)(1) of the Act, respect to such summary action must be Securities Exchange Act Release No. 77008 which required the Exchange to adopt rules supported by a statement setting forth (February 1, 2016) (NYSEMKT 2015–106). Continued

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may impose disciplinary sanctions on from the securities industry may be Rule 1B on behalf of the Exchange. A such person, including expulsion; appointed to the Hearing Board within copy of such Charge Memorandum must suspension; limitation as to activities, five years of their retirement. The be filed with the Hearing Board at the functions, and operations, including the members of the Hearing Board are same time it is served upon the suspension or cancellation of a appointed annually and serve at the respondent. Service is deemed effective registration in, or assignment of, one or pleasure of the Exchange Board of by personal service of such Charge more stocks; fine; censure; suspension Directors. Memorandum, or by leaving the same or bar from being associated with any The Chairman, subject to the approval either at the respondent’s last known member or member organization; or any of the Exchange Board of Directors, office address during business hours or other fitting sanction. The list of annually designates a Chief Hearing the respondent’s last place of residence offenses under Rule 476(a)(1)–(11) Officer and one or more other Hearing as reflected in Exchange records, or includes, for example, violating an Officers who have no Exchange duties upon mailing same to the respondent at Exchange rule or the Act, making a or functions relating to the investigation such office address or place of material misstatement, or engaging in or preparation of disciplinary matters. residence. The Hearing Board assumes manipulation. Hearing Officers serve at the pleasure of jurisdiction upon receipt of the Charge Rule 476(b) describes the role of the Exchange Board of Directors. An Memorandum. Hearing Panels and Hearing Officers. individual cannot be a Hearing Officer A written Answer to the Charge Under Rule 476(b), all proceedings (including the Chief Hearing Officer) if Memorandum must be filed not later under Rule 476, except for matters he or she is, or within the last three than 25 days from the date of service or resolved by a Hearing Officer when years was, a member, principal within such longer period of time as the authorized by the rule, are conducted at executive, or registered or non- Hearing Officer may deem proper. The a hearing in accordance with the Rule registered employee of a member or Answer must be signed by or on behalf and held before a Hearing Panel member organization. of the respondent and filed with the consisting of at least three persons of Under the rule, the decision of a Hearing Board, with a copy served on integrity and judgment: A Hearing majority of the Hearing Panel is the the Exchange. The Answer must Officer, who chairs the Hearing Panel, decision of the Hearing Panel and is indicate specifically which assertions of and at least two members of the Hearing final and conclusive, unless a request to fact and charges in the Charge Board, at least one of whom must be the Exchange Board of Directors for Memorandum are denied and which are engaged in securities activities differing review is filed. admitted, and also contain any specific from that of the respondent or, if retired, Rule 476(c) governs procedural facts in contradiction of the charges and was so engaged in differing activities at matters and the conduct of the hearing. any affirmative defenses. A general the time of retirement. In any Under Rule 476(c), upon application to denial is insufficient. Any assertions of disciplinary proceeding involving the Chief Hearing Officer by either party fact not specifically denied in the activities on the Floor of the Exchange, to a proceeding, the Chief Hearing Answer may be deemed admitted and no more than one of the persons serving Officer, or any Hearing Officer failure to file an Answer may be deemed on the Hearing Panel may be, or if designated by the Chief Hearing Officer, an admission of any facts asserted in the retired, may have been, active on the resolves any and all procedural and Charge Memorandum. Floor of the Exchange. A Hearing Panel evidentiary matters and substantive The Hearing Board sets a schedule for may include only one retired person. legal motions, and may require the the filing of motions and establishes The Chairman of the Exchange Board Exchange to permit the respondent to hearing dates. If the respondent fails to of Directors, subject to the approval of inspect and copy documents or records file an Answer, the Exchange, by the Exchange Board of Directors, from in the possession of the Exchange that motion, accompanied by proof of notice time to time appoints a Hearing Board are material to the preparation of the to the respondent, may request a to be composed of persons of integrity defense or are intended for use by the determination of guilt by default and and judgment who are members and Exchange as evidence in chief at the may recommend a penalty to be principal executives of the Exchange hearing. The respondent may be imposed. If the respondent opposes the who are not members of the Exchange required to provide discovery of non- motion, the Hearing Officer, on a Board of Directors, registered and non- privileged documents and records to the determination that the respondent had registered employees of members and Exchange. The rule does not authorize adequate reason to fail to file an member organizations, and such other the discovery or inspection of reports, Answer, may adjourn the hearing date persons as the Chairman deems memoranda, or other internal Exchange and direct the respondent to promptly necessary. Former members, principal documents prepared by the Exchange in file an Answer. If the default motion is executives, or registered and non- connection with the proceeding. There unopposed, or the respondent did not registered employees of members and is no interlocutory appeal to the have adequate reason to fail to file an member organizations who have retired Exchange Board of Directors of any Answer, or the respondent failed to file determination as to which this an Answer after being given an establishing, or modifying existing, sanctioning provision applies. opportunity to do so, the Hearing guidelines such that they are reasonably designed Rule 476(d) governs Charge Officer, on a determination that the to effectively enforce compliance with options Memorandums, Answers, and motions. order handling rules. See Securities Exchange Act respondent has had notice of the Release No. 43268 (September 11, 2000), Under Rule 476(d), except as otherwise charges and that the Exchange has Administrative Proceeding File No. 3–10282. The provided in Rule 476(g), which governs jurisdiction in the matter, may find guilt Sanctions Guidelines, as under the current rules, Stipulations and Consents, the specific and determine a penalty. would not apply to equities-related violations. As such, the CRO, Hearing Panel or Extended Hearing charges against the respondent must be Notice of the hearing is served upon Panel, as applicable, would consider relevant in the form of a written statement (a the Exchange and the respondent. The Exchange precedent or such other precedent as it ‘‘Charge Memorandum’’) and signed by respondent is entitled to be personally deemed appropriate in determining sanctions that an authorized officer or employee of the present. The Hearing Officer determines should be imposed in connection with a decision pursuant to proposed Rule 9268 or 9269, or in Exchange, or an authorized employee of the specific facts at issue, and with connection with a settlement pursuant to proposed another SRO with which the Exchange respect to those facts only, both the Rule 9216 or 9270. has entered into an RSA pursuant to Exchange and the respondent may

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produce witnesses and any other decrease or eliminate any such penalty, Hearing Panel may reject such evidence and they may examine and or impose any penalty permitted under Stipulation and Consent. cross-examine any witnesses so the provisions of this rule. Unless the Such rejection does not preclude the produced. After hearing all the Exchange Board of Directors otherwise parties to the proceeding from entering witnesses and considering all the specifically directs, the determination into a modified Stipulation and Consent evidence, the Hearing Panel determines and penalty, if any, of the Exchange or preclude the Exchange from bringing whether the respondent is guilty of the Board of Directors after review is final or presenting the same or different charges, and if so, may impose a and conclusive, subject to the charges to a Hearing Panel in penalty. provisions for review under the Act. accordance with Rule 476(d). The Rule 476(e) concerns the hearing Notwithstanding the foregoing, if Exchange must keep a record of any record and time for appeal. Under Rule either party upon review applies for hearing conducted under this Rule and 476(e), the Exchange must keep a record leave to adduce additional evidence, a written notice of the result setting of any hearing conducted and a written and shows to the satisfaction of the forth the requirements contained in notice of the result must be served upon Exchange Board of Directors, with the Section 6(d)(1) of the Act must be the respondent and the Exchange. advice of the CFR, that the additional served on the parties to the proceeding. The determination of the Hearing evidence is material and that there was The determination of the Hearing Panel, or of the Hearing Officer on a reasonable ground for failure to adduce Panel or Hearing Officer and any determination of default, and any it before the Hearing Panel or Hearing penalty imposed are final and penalty imposed, is final and conclusive Officer, the Exchange Board of conclusive 25 days after notice thereof 25 days after notice has been served Directors, with the advice of the CFR, has been served upon the respondent, upon the respondent, unless a request to may remand the case for further unless a request to the Exchange Board the Exchange Board of Directors for proceedings, in whatever manner and of Directors for review of such review of such determination and/or on whatever conditions the Exchange determination and/or penalty is filed, in penalty is filed, in which case any Board of Directors considers which case any penalty imposed is penalty imposed is stayed pending the appropriate. stayed pending the outcome of such review. outcome of such review. Rule 476(g) sets forth an alternative Rule 476(f) concerns appeals to the Any member of the Exchange Board of Stipulation and Consent procedure that Directors and any member of the CFR Exchange Board of Directors. Under may be used in lieu of the procedures Rule 476(f), the Exchange, the may require a review by the Exchange set forth in Rule 476(d). Under Rule Board of Directors of any determination respondent, any member of the 476(g), a Hearing Officer acting alone Exchange Board of Directors, and any or penalty, or both, imposed by a may determine whether a person subject Hearing Panel or Hearing Officer in member of the CFR may require a to the Exchange’s jurisdiction has review by the Exchange Board of connection with a Stipulation and committed an offense on the basis of a Consent. The respondent or the Directors of any determination or written Stipulation and Consent entered Exchange Division that entered into the penalty, or both, imposed by a Hearing into between the respondent and any Stipulation and Consent may require a Panel or Hearing Officer. A written authorized officer or employee of the review by the Exchange Board of request for review must be filed with the Exchange or an authorized employee of Directors of any rejection of such Secretary of the Exchange within 25 another SRO with which the Exchange Stipulation and Consent by the Hearing days after notice of the determination has entered into an RSA pursuant to Panel. A written request for review must and/or penalty is served upon the Rule 1B on behalf of the Exchange. Any be filed with the Secretary of the respondent. The Secretary of the such Stipulation and Consent must Exchange within 25 days after notice of Exchange gives notice of any such contain a stipulation with respect to the the determination and/or penalty is request for review to the Exchange and facts, or the basis for findings of fact by served on the respondent. The Secretary any respondent affected thereby. the Hearing Officer; a consent to of the Exchange gives notice of any such Any review must be conducted by the findings of fact by the Hearing Officer, request for review to the Exchange Exchange Board of Directors or the CFR, including a finding that a specified Division involved in the proceeding and in the sole discretion of the Exchange offense had been committed; and a any respondent affected thereby. Board of Directors, and is based on oral consent to the imposition of a specified Any review must be conducted by the arguments and written briefs and is penalty. Exchange Board of Directors, or the limited to consideration of the record A Hearing Officer must convene a CFR, in the sole discretion of the before the Hearing Panel or Hearing Hearing Panel if the Hearing Officer Exchange Board of Directors, and Officer. The CFR in turn can appoint an requires clarification or further consists of oral arguments and written appeals panel to conduct the review and information on the Stipulation and briefs and is limited to consideration of 15 make a recommendation to the CFR. Consent, or if either party requests a the record before the Hearing Panel or Upon review, and with the advice of hearing before a Hearing Panel. A Hearing Officer. Upon review, and with the CFR, the Exchange Board of Hearing Officer, acting alone, may not the advice of the CFR, the Exchange Directors, by majority vote, may sustain reject a Stipulation and Consent, but Board of Directors, by majority vote, any determination or penalty imposed, must convene a Hearing Panel to may fix and impose the penalty agreed or both; may modify or reverse any such consider such action. to in such Stipulation and Consent or determination; and may increase, Notice of any hearing held for the any penalty that is less severe than the purpose of considering a Stipulation stipulated penalty, or may remand for 15 An appeals panel appointed by the CFR must consist of at least three and no more than five and Consent is served upon the further proceedings. Unless the individuals. For equities matters, the panel must be respondent as provided in Rule 476(d). Exchange Board of Directors otherwise composed of at least one director and one member In any such hearing, if the Hearing specifically directs, the determination or individual associated with an equities member Panel determines that the respondent and penalty, if any, of the Exchange organization. For options matters, the appeals panel must be composed of at least one director and one has committed an offense, it may Board of Directors after review is final member or individual associated with an options impose the penalty agreed to in such and conclusive, subject to the member organization. See Rule 476(f). Stipulation and Consent. In addition, a provisions for review under the Act.

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Rule 476(h) concerns legal such arrearages, may be suspended by been violated; (ii) the act or omission representation. Under the rule, a person the Exchange Board of Directors until constituting each such violation; (iii) the subject to the Exchange’s jurisdiction payment is made. fine imposed for each such violation; has the right to be represented by legal An individual or organization may be and (iv) the date by which such counsel or other representative in any proceeded against for any offense other determination becomes final and such hearing or review held under Rule 476 than that for which such individual or fine becomes due and payable to the and in any investigation before any organization was suspended. In Exchange, or such determination must committee, officer, or employee of the addition, the suspension or expulsion of be contested as provided in Rule Exchange. A Hearing Officer may a member or principal executive under 476A(d). Such date may not be less than impose a fine or any other appropriate the provisions of this rule creates a 25 days after the date of service of the sanction on any party or the party’s vacancy in any office or position held written statement. representative for improper conduct in by the member or principal executive. Under Rule 476A(c), if the person connection with a matter before the Similarly, current Rule 309—Equities against whom a minor rule violation Hearing Board, and may, if appropriate, provides that any member, member fine is imposed pays the fine, such exclude any participant, including any organization or principal executive that payment is deemed to be a waiver by party, witness, attorney or fails to pay a fee or any other sums due such person of such person’s right to a representative from a hearing on the to the Exchange (excluding a fine) disciplinary proceeding under Rule 476 basis of such conduct. within 45 days after the same are and any review of the matter by a Under Rule 476(i), a member or payable shall be reported to the Chief Hearing Panel or the Exchange Board of principal executive of the Exchange Financial Officer of the Exchange or Directors. who is associated with a member designee who, after notice has been Under Rule 476A(d), any person organization is liable to the same given to such member, member against whom a minor rule violation is discipline and penalties for any act or organization or principal executive of imposed may contest the Exchange’s omission of such member organization such arrearages, may suspend access to determination by timely filing a written as for the member or principal some or all of the facilities of the response meeting the requirements of an executive’s own personal act or Exchange until payment is made. answer as provided in Rule 476(d), at omission. The Hearing Panel that Written suspension notices under both which point the matter becomes a considers the charges against such Rules 309—Equities and 476(k) are disciplinary proceeding subject to the member, or principal executive, or the immediately effective upon such notice provisions of Rule 476. In any such Exchange Board of Directors upon any and the rules provide no further disciplinary proceeding, if the Hearing review thereof, may relieve him from process; upon payment of the fine or Panel determines that the person is the penalty therefor or may remit or amount due, the suspension is lifted. guilty of the rule violation(s) charged, reduce such penalty on such terms and Under Rule 476(l), the CEO may not the Hearing Panel is free to impose any conditions as the Hearing Panel or the require a review by the Exchange Board one or more of the disciplinary Exchange Board of Directors, with the of Directors under Rule 476 and is sanctions provided in Rule 476 and advice of the CFR, deems fair and recused from deliberations and actions determine whether the rule violation(s) equitable. of the Board with respect to such is minor in nature. NYSE Regulation, Rule 476(j) governs suspensions. matters. When a member is suspended under Rule 476.10 sets forth the Exchange’s the person charged, any member of the Rule 476, such member is deprived Sanctions Guidelines with respect to Exchange Board of Directors, any during the term of the member’s certain options-related violations.16 member of the CFR, and any Executive suspension of all rights and privileges of Floor Governor may require a review by membership. The expulsion of a Current Rule 476A—Imposition of Fines the Board of any determination by the member terminates all membership for Minor Violations of Rules Hearing Panel by proceeding in the rights and privileges. Under Rule 476A(a), in lieu of manner described in Rule 476. Rule 476(k) addresses non-payment of commencing a disciplinary proceeding Under Rule 476A(e), the Exchange fines and other sums due to the under Rule 476, the Exchange may must prepare and announce to its Exchange. Under this rule, if any impose a fine not to exceed $5,000 on members and member organizations approved person or registered or non- any member, member organization, from time to time a listing of the registered employee fails to pay any fine principal executive, approved person, or Exchange rules as to which the within 45 days after the same is payable, registered or non-registered employee of Exchange may impose minor rule such individual may, after written a member or member organization for violation fines. Such listing also notice mailed to such individual at violation of the rules listed in Rule indicates the specific dollar amount that either the member’s office or last place 476A. Any fine imposed pursuant to may be imposed as a fine or may of residence as reflected in Exchange this rule and not contested is not indicate the minimum and maximum records, be summarily suspended from publicly reported, except as may be dollar amounts that may be imposed by association in any capacity with a required by SEC Rule 19d–1 and as may the Exchange with respect to any such member organization or have the be required by any other regulatory violation. If the Exchange determines member’s approval withdrawn until authority. that any violation is not minor in such fine is paid. The rule further Under Rule 476A(b), the person nature, the Exchange can proceed under provides that any member, member against whom a minor rule violation Rule 476 rather than under Rule 476A. organization or principal executive that fine is imposed is served with a written The remainder of Rule 476A sets forth fails to pay a fine or any other sums due statement, signed by an authorized the lists of rule violations that may be to the Exchange within 45 days is officer or employee of the Exchange on treated as minor rule violations and reported by the Exchange Treasurer to behalf of the Division or Department of fines, which may not exceed $5,000. the Chairman of the Exchange Board of the Exchange taking the action, setting Part 1A sets forth a list of equities rule Directors and, after written notice forth (i) the rule or rules alleged to have violations and fines applicable thereto, mailed to such member, member and Part 1C sets forth a list of options organization or principal executive of 16 See note 14, supra. rule violations and fines applicable

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thereto. Part 1D addresses certain late Rule 476 of having refused or failed to Rule 9000 Series (NYSE does not have reports. comply with any such requirement, sanctions guidelines); 20 such person may be barred • retain recently adopted provisions Current Rule 477—Retention of permanently, or for such period of time in Rule 476(f) relating to appeals panels; Jurisdiction and Failure To Cooperate as may be determined, or until such and Under Rule 477(a), if, prior to time as the Exchange has completed its • make certain technical and termination, or during the period of one investigation into the matter or matters conforming changes, including changes year immediately following the receipt specified in such notice or Charge to reflect the Exchange’s equities and by the Exchange of written notice of the Memorandum, has determined a options membership.21 termination, of a person’s status as a penalty, if any, to be imposed, and until The Exchange also proposes to member, member organization, the penalty, if any, has been carried out. harmonize its rules for non-payment of principal executive, approved person, or Under Rule 477(d), following the fees or other sums due to the Exchange, registered or non-registered employee of termination of a person’s status as a other than fines or monetary sanctions, a member or member organization, the member, member organization, with the NYSE’s rule by adopting new Exchange serves (as provided in Rule principal executive, approved person, or Rule 41. In particular, the Exchange 476(d)) a written notice on such person registered or non-registered employee of proposes to amend current Rule 476(k) that it is making inquiry into, or serves a member or member organization, to delete the phrase ‘‘or any other sums a Charge Memorandum on such person provided such notice or Charge due to the Exchange,’’ and thereby limit with respect to, any matter or matters Memorandum is or has been served, Rule 476(k) to fines. The Exchange also occurring prior to the termination of such person may also be charged with proposes to delete current Rule 309— such person’s status, the Exchange may having committed, prior to termination, Equities, which authorizes the thereafter require such person to comply any other offense with which such Exchange’s Chief Financial Officer to with any requests of the Exchange to person might have been charged had address non-payment of amounts due to appear, testify, submit books, records, such status not been terminated. Any the Exchange other than fines and papers, or tangible objects, respond to such charges shall be brought and monetary sanctions. The Exchange written requests and attend hearings in determined in accordance with the proposes to adopt a new Rule 41 in the every respect in conformance with the provisions set forth in Rule 476. General Rules that will mirror the text Rules of the Exchange in the same of Rule 309—Equities, except that manner and to the same extent as if Proposed Rule Change proposed Rule 41 would reference such person had remained a member, The Exchange proposes to adopt new proposed Rule 8320 and would apply to member organization, principal Rule 8000 and 9000 Series, under new the Exchange’s options and equities executive, approved person, or Section 9B of the Office Rules titled markets. Proposed Rule 41 would also registered or non-registered employee of ‘‘Disciplinary Rules.’’ 17 These proposed specifically state that failure to pay any a member or member organization. new rules would be identical to the fine levied in connection with a Under Rule 477(b), prior to NYSE Rule 8000 and 9000 Series 18 disciplinary action shall be governed by termination, or during the period of one except that the Exchange would: Rule 476(k) or Rule 8320, as applicable. year immediately following the receipt • Retain its currently applicable list By adopting this new rule text, the by the Exchange of written notice of the of minor rule violations and Exchange would have a single rule termination, of a person’s status as a accompanying fine levels in proposed applicable to both its equities and member, member organization, Rules 9216(b) and 9217, rather than options markets that is consistent with principal executive, approved person, or adopt the text of NYSE’s minor rule the counterpart rule of its NYSE registered or non-registered employee of violation plan; 19 affiliate. a member or member organization, the • retain its options-related Sanctions The new Rule 8000–9000 Series and Exchange may, through the exercise of Guidelines in Rule 476.10, with certain new Rule 41 would apply to the its jurisdiction, as described in Rule updates, and continue to apply them in Exchange’s equities and options 477(a), require such person to comply sanctions imposed under the proposed markets.22 with any requests of an organization or Transition association included in Rule 476(a)(11) 17 Section 9A would be renamed ‘‘Legacy to appear, testify, submit books, records, Disciplinary Rules’’ to distinguish the two sections. The Exchange intends to announce 18 papers, or tangible objects, respond to The NYSE Rule 8000 and 9000 Series was the operative date of the new rules at based on the FINRA Rule 8000 and 9000 Series. See least 30 days in advance in an written requests and attend hearings in 2013 Approval Order, 78 FR at 15394. Like the every respect in conformance with the NYSE Rule 8000 and 9000 Series, the proposed rule Exchange rules in the same manner and change would provide for investigative and 20 See note 14, supra. 21 to the same extent as if such person had enforcement functions to be performed by These technical and conforming changes are to personnel and departments reporting to the Chief reference the Exchange hearing board, rather than remained a member, member Regulatory Officer (‘‘CRO’’) and by FINRA the NYSE hearing board, in proposed Rule 9232; organization, principal executive, personnel and departments. See NYSE substitute the correct cross-references in proposed approved person, or registered or non- Reintegration Facilitation Filing, 80 FR at 72462. As Rules 8130, 9120(n), 9610(a), and 9810(a); define registered employee of a member or discussed below, the proposed rule change also the term ‘‘Board of Directors’’ in proposed Rule reflects modifications proposed in the NYSE 9120(b); and include the terms ‘‘member,’’ ‘‘member member organization with respect to Reintegration Facilitation Filing that the CRO rather organization,’’ ‘‘ATP Holder,’’ ‘‘covered person,’’ any matter or matters occurring prior to than FINRA’s Office of Disciplinary Affairs and ‘‘person’’ defined in the proposed rule change the termination of such person’s status. (‘‘ODA’’) would be responsible for: (i) Authorizing or elsewhere in the NYSE MKT rules where Under Rule 477(c), if a former issuance of a complaint; (ii) accepting or rejecting appropriate in the following proposed rules so as acceptance, waiver, and consent letters and minor to reflect the Exchange’s equities and options member, member organization, rule violation plan letters; and (iii) accepting or membership: 8110, 8130, 8210, 8211, 8310, 8311, principal executive, approved person, or rejecting offers of settlement that are determined to 8320, 9001, 9110, 9120, 9216, 9232, 9268, 9310, registered or non-registered employee of be uncontested before a hearing on the merits has 9521, 9522, 9551, 9552, 9554, 9555, 9556, 9558, a member or member organization, begun. 9559, 9610, and 9810. 19 As discussed below, the Exchange would also 22 Rule references have been added to Rule 0— provided such notice or Charge make certain technical and conforming changes to Equities to make clear that these proposed rules Memorandum is or has been served, is its rules relating to minor rule violations. See text would apply to equities transactions on the adjudged guilty in a proceeding under accompanying notes 50 and 51, infra. Exchange.

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Information Memorandum. To further amend Rule 476.10 to update certain any investigative and disciplinary facilitate an orderly transition from the cross-references to options rules. provisions that are no longer needed. current rules to the new rules, the Similarly, the retention of jurisdiction Other provisions would be retained and Exchange proposes that certain matters provisions of Rule 477 would continue moved to an appropriate place in the already initiated under the current rules to apply to any member or member Exchange’s rules. would be completed under such rules. organization that resigned or had its The proposed transition is similar to the membership canceled or revoked and Terms and Definitions Used Throughout transition proposed when the NYSE any person whose status as a person the Proposed Rule 8000 and 9000 Series subject to the Exchange’s jurisdiction adopted disciplinary rules based on the To continue the current coverage of was terminated or whose registration FINRA Rule 8000 and 9000 Series in the NYSE MKT disciplinary rules and 2013.23 was revoked or canceled if such member organization or person had been served conform to the NYSE rules’ terminology, Specifically, the Exchange proposes the proposed rule change would use the that current Rule 475 would continue to with a Charge Memorandum or written notice of inquiry pursuant to Rule 477 terms ‘‘member,’’ ‘‘member apply to proceedings for which a organization’’ and ‘‘covered person’’ to written notice had been issued prior to prior to the effective date of the new rules. As described above, current Rule describe the persons to which the the effective date of the new rules. proposed Rule 8000 and 9000 Series Current Rules 476 and 476A would 477 generally provides that the Exchange retains jurisdiction for one apply. The term ‘‘covered person,’’ continue to apply with respect to a referenced in proposed Rule 8120(b) proceeding for which a Charge year after such status is terminated and such jurisdiction continues if during and defined in proposed Rule 9120(g), Memorandum had been filed with the would include a member, principal Hearing Board under Rule 476(d) prior that one-year period the Exchange has provided written notice that it is making executive, approved person, registered to the effective date of the new rules. or non-registered employee of a member Current Rule 476 also would continue to inquiry into matters that arose prior to organization or an ATP Holder,25 or apply to a matter for which a written termination. In all other cases, the other person (excluding a member Stipulation and Consent had been retention of jurisdiction provisions of organization) subject to the jurisdiction submitted to a Hearing Officer prior to proposed Rule 8130 would apply, of the Exchange.26 By defining and the effective date of the new rules. which would be substantially the same utilizing the term ‘‘covered person’’ in Current Rules 475, 476, or 476A would as the counterpart NYSE rule. Under the this manner, the Exchange would effect continue to apply until any such proposed rule change, as described no substantive change in the scope of proceeding was final. In all other cases, below, the Exchange would retain persons subject to the Exchange’s the proposed Rule 8000 and 9000 jurisdiction to file a complaint against disciplinary rules.27 Series, as described below, would any entity or individual subject to its apply. jurisdiction for two years after such status was terminated, and the proposed 25 Current Rule 476(a) contains a reference to a Until the effective date, the Exchange Rule 8000 Series and Rule 9000 Series registered or non-registered employee of a member. could issue a written notice of generally would apply.24 Under Rule 2(a)—Equities, however, a ‘‘member’’ is suspension for non-payment of a fine or a natural person associated with a member The Exchange proposes to add organization; thus, equities members do not have other sum due to the Exchange under italicized language to Rules 475, 476, current Rule 476(k), which would employees. Such persons would be employees of 476A and 477 describing the proposed the member organization and thus covered by the remain in effect until payment was applicability and transition of each rule proposed definition of ‘‘covered person.’’ An ‘‘ATP made. Thereafter, the Exchange would as described herein. Holder,’’ on the other hand, may be a natural person proceed against an individual or entity and may have registered or non-registered When the transition is complete and employees. See Rule 900.2NY(5). Therefore, to subject to its jurisdiction that failed to there are no longer any member reflect the fact that equities members do not have pay a fine or monetary sanction under organizations or persons who would be employees but options members may, the Exchange proposed Rule 8320. subject to Rules 475, 476, 476A, and proposes to use the phrase ‘‘associated with a As noted above, current Rule member organization or ATP Holder’’ in the 477, the Exchange intends to submit a proposed definition of ‘‘covered person.’’ In 476(a)(1)–(11) also contains substantive proposed rule change that would delete addition, the Exchange proposes to use the term elements in addition to procedural ‘‘ATP Holder,’’ which is defined in Rule elements. Specifically, Rule 476(a)(1)– 24 In light of the proposed rule changes with 900.2NY(5), where appropriate in the proposed (11) contains a list of offenses for which respect to retention of jurisdiction and non- rules. As discussed below in connection with the the Exchange can take disciplinary payment of monies due to the Exchange, the proposed Rule 9520 Series, which governs Exchange proposes to delete Rule 353A(b) of the eligibility proceedings for persons subject to action. The proposed rule change would Office Rules because it is no longer necessary. The statutory disqualifications, references to ATP not alter this substantive aspect of Rule rule provides that every ATP Holder and any Holders in the context of proposed Rules 9520 476(a). The Exchange could continue to successor-in-interest thereto, and each ATP Holder through 9527 would apply to those options take disciplinary action against a whose ATP is terminated due to expulsion, members that have employees. suspension without reinstatement, death, 26 References to ‘‘member’’ and ‘‘member member organization or other person declaration of incompetency, dissolution, winding organization’’ as those terms are used in the rules subject to its jurisdiction for committing up, or other cessation of business, must be current of the Exchange include ATP Holders. See Rules 18, any of these substantive violations; in all filings and payments of dues, fees and charges 24 & 900.2NY(5). As such, ATP Holders would be following the transition described relating to that ATP, including, without limitation, covered by the proposed terminology. filing fees and charges required by the Commission 27 The Exchange notes that the term ‘‘allied above, the Exchange would bring and the Securities Investor Protection Corporation. member,’’ which historically referred to certain disciplinary cases for such offenses The rule further provides that if any ATP Holder, general partners, principal executives, or control under the proposed Rule 9000 Series. or any successor-in-interest thereto, fails to make all persons of a member organization, has been The Sanctions Guidelines in Rule such filings, or to pay all such dues, fees and replaced in the Exchange’s rules with the term charges, the Secretary of the Exchange retains such ‘‘principal executive.’’ See Securities Exchange Act 476.10 relating to options rule violations jurisdiction over such former ATP Holder to require Release Nos. 59022 (November 26, 2008), 73 FR would continue to apply to proceedings such filings and collect such outstanding dues, 73683 (December 3, 2008) (SR–NYSEALTR–2008– under both Rule 476 and the Rule 9000 fines and charges until such time as they have been 10) and 69822 (June 21, 2013), 78 FR 38769 (June Series. The Exchange proposes to filed and/or paid. The Exchange believes that it will 27, 2013) (SR–NYSEMKT–2013–58). Former allied retain sufficient authority over ATP Holders under members are referenced in proposed Rule 9232 the proposed rule change to address such because they are eligible to serve on the Exchange 23 See 2013 Approval Order, 78 FR at 15395. situations. hearing board.

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Proposed Rule 8000 Series brought, which provides repose to and the commercial interests of the 33 Proposed Rule 8001 would include respondents while still providing members and member organizations. the effective date of the proposed rule Exchange staff with sufficient time to This requirement is consistent with change for the Rule 8000 Series, noting determine if a complaint should be longstanding policies and practices at the exception for the retention of brought. the Exchange. The proposed provision jurisdiction dates in proposed Rule 8130 Proposed Rule 8210 would set forth would also be consistent with rules and the transition from current Rule procedures for the provision of currently in effect for the equities and 476(k) to proposed Rule 8320, as information and testimony and the options markets of the Exchange’s described above. The text of NYSE inspection and copying of books by the affiliate NYSE Arca, Inc., and would Exchange, as amended by the NYSE in reflect the Exchange’s commitment to Rules 8110 through 8330 would be 31 adopted as Rules 8110 through 8330.28 2013. Proposed Rule 8210 is the same performing its regulatory functions Proposed Rule 8110 would require an as NYSE Rule 8210 except that under its disciplinary rules in an NYSE MKT member or member references to ‘‘member’’ and ‘‘ATP independent and impartial manner.34 organization to provide access to the Holder’’ would be added where Proposed Rule 8210(b) would Exchange’s rules to its customers. appropriate to reflect the Exchange’s authorize Exchange staff to enter into Although there is no comparable membership. regulatory cooperation agreements with requirement in the current rules, the Proposed Rule 8210(a) would require a domestic federal agency or Exchange currently makes available its a member organization or covered subdivision thereof or a foreign rules on the Exchange’s Web site.29 person to provide information and regulator. Current Rule 27—Equities Proposed Rule 8110 is the same as testimony and permit the inspection of permits the Exchange to enter into NYSE Rule 8110 except for the books, records, and accounts that are in agreements with domestic or foreign inclusion of ‘‘member’’ to reflect the such member organization’s or covered SROs or associations, contract markets Exchange’s membership. person’s possession, custody or control and registered futures associations, but Proposed Rule 8120 would provide for the purpose of an investigation, does not specify domestic federal cross-references to definitions of the complaint, examination, or proceeding agencies or subdivisions thereof or terms ‘‘Adjudicator,’’ ‘‘covered person’’ authorized by the Exchange’s rules. As foreign regulators; because the scope of and ‘‘Regulatory Staff’’ in proposed Rule noted above, under proposed Rule 8130, current Rule 27—Equities is different, 9120. Similarly, NYSE Rule 8120 cross- the Exchange would retain jurisdiction the Exchange would retain it along with references the same three definitions. over a member organization or covered proposed Rule 8210(b).35 Similarly, Proposed Rule 8120 is simply technical person to file a complaint or otherwise current Commentary .02 of Rule 31 in in nature, and is the same as the NYSE initiate a proceeding for two years after the General Rules provides that the Rule. such member organization’s or covered Exchange may enter into agreements Proposed Rule 8130 would set forth person’s status is terminated 32 and as with domestic and foreign SROs retention of jurisdiction provisions that such can continue to obtain information providing for the exchange of are substantially the same as NYSE Rule and testimony during such period and information and other forms of mutual 8130, except for the following thereafter if a complaint or proceeding assistance for market surveillance, conforming changes: ‘‘Member’’ would is timely filed. Currently the Exchange investigative, enforcement and other be added to paragraph (d); the cross- also requires persons subject to its regulatory purposes. Because current references in paragraph (b)(1) would be jurisdiction to provide books and Rule 31.02 differs in scope from conformed to NYSE MKT’s rules; and records and appear and testify upon proposed Rule 8210(b), the Exchange ‘‘ATP Holder’’ 30 would be added to request under current Rules 475(e), would retain it along with the proposed paragraphs (a), (b) and (c). Under the 476(a)(11), and 477(a) and (b), and in rule.36 proposed rule change, the Exchange Rule 31 in the General Rules. In The remainder of proposed Rule 8210 would retain jurisdiction to file a addition, as noted above, the Exchange would set forth certain procedures for complaint against an entity or retains jurisdiction after termination of investigations. Proposed Rule 8210(c) individual for two years after such a registration as long as a Charge would require member organizations person’s status as a member Memorandum or written notice of and covered persons to comply with organization or covered person is inquiry has been served within one year information requests under the Rule. terminated. This differs from current following termination of such status. Rule 477, which provides that the The Exchange believes the proposed 33 See NYSE Reintegration Facilitation Filing, 80 Exchange retains jurisdiction after the rule is appropriate because it would FR at 51337. The inclusion of ‘‘members and member organizations’’ would conform the termination of status as long as a Charge harmonize the Exchange’s rules with respect to jurisdiction and obtaining proposed rule to the Exchange’s membership. Memorandum or written notice of 34 See NYSE Arca Equities Rule 10.2(a); NYSE inquiry is served within one year after books and records from member Arca Options Rule 10.2(a). termination of such status. The organizations and covered persons with 35 Rule 27—Equities also cross-references Rule Exchange believes that the period under the NYSE’s rules. 476(a)(11), which enumerates certain violations, including the violation of refusing or failing to the proposed rule is appropriate because The Exchange also proposes new rule text in Rule 8210(a), recently proposed comply with a request of the Exchange, or a it would harmonize the Exchange’s rule domestic or foreign SRO or association, contract with NYSE’s rule and would provide a by NYSE, providing that in performing market, or registered futures association with which fixed time period for a complaint to be functions under the disciplinary code, the Exchange has entered into an agreement or to the CRO and Regulatory Staff would furnish information to or to appear or testify before function independently of the the Exchange or such other organization or 28 NYSE does not have a Rule 8212, 8213, or association. The proposed rule change would not 8312. In order to maintain consistency with NYSE’s commercial interests of the Exchange alter this substantive aspect of Rule 476(a)(11) and rule numbering, the Exchange proposes to designate as such the cross-reference in current Rule 27— proposed Rules 8212, 8213, and 8312 as 31 See Securities Exchange Act Release No. 69963 Equities would not be amended. ‘‘Reserved.’’ (July 10, 2013), 78 FR 42573 (July 16, 2013) (SR– 36 As discussed below, the rest of Rule 31, which 29 The Exchange’s rules are available at http:// NYSE–2013–49). concerns requests for books and records and wallstreet.cch.com/MKT/Rules/. 32 This would include individual members since testimony as well as extensions of time to comply, 30 See notes 24–26, supra, and accompanying the definition of ‘‘covered person’’ in proposed Rule would be deleted and Rule 31 would be re-named text. 9120 includes ‘‘members.’’ ‘‘Regulatory Cooperation.’’

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This requirement is substantially the examination, or proceeding that was the covered person must make available its same as current Rules 475(e), 476(a)(11), subject of the notice, then the notice books, records or accounts when these and 477(a) and (b), as noted above. would be served upon counsel by books, records or accounts are in the Proposed Rule 8210(d) would provide mailing or otherwise transmitting the possession of another person or entity, that a notice under this Rule would be notice to the counsel in lieu of the such as a professional service provider, deemed received by the member member organization or covered person, but the member organization or covered organization or covered person and any notice served upon counsel person controlled or had a right to (including a currently or formerly would be deemed received by the demand them. The Exchange’s current registered person) to whom it is directed member organization or covered person. rules do not have comparable by mailing or otherwise transmitting the Proposed Rule 8210(e) would provide provisions. notice to the last known business that in carrying out its responsibilities Proposed Rule 8211 would set forth address of the member organization or under this Rule, the Exchange may, as the procedures for the automated the last known residential address of the appropriate, establish programs for the submission of trading data requested by covered person as reflected in the submission of information to the the Exchange (commonly referred to as Central Registration Depository Exchange on a regular basis through a ‘‘blue sheet’’ data) for transactions on (‘‘CRD’’). With respect to a person direct or indirect electronic interface the Exchange. The proposed Rule is the currently associated with a member between the Exchange and members or same as its NYSE counterpart except for organization or ATP Holder in an member organizations. Proposed Rule the inclusion of ‘‘ATP Holder.’’ unregistered capacity, a notice under 8210(f) would permit a witness to The procedures set forth in proposed this Rule would be deemed received by inspect the official transcript of the Rule 8211 are substantially the same as the person by mailing or otherwise witness’s own testimony, and permit a current Rule 956.1NY and Rule 410A— transmitting the notice to the last known person who has submitted documentary Equities. Because FINRA performs business address of the member evidence or testimony in an Exchange surveillance functions based on the organization or ATP Holder as reflected investigation to get a copy of the information gathered as a result of these in the CRD. With respect to a person person’s documentary evidence or the rules, the Exchange believes that the subject to the Exchange’s jurisdiction transcript of the person’s testimony procedures for the automated who was formerly associated with a under certain circumstances. Finally, submission of trading data should be member organization or ATP Holder in proposed Rule 8210(g) would require harmonized with the FINRA and NYSE an unregistered capacity, a notice under any member organization or covered rules. Therefore, the Exchange proposes this Rule would be deemed received by person who in response to a request to delete current Rule 956.1NY and Rule the person upon personal service, as set pursuant to this Rule provided the 410A—Equities and adopt proposed forth in Rule 9134(a)(1). requested information on a portable Rule 8211 instead, which is identical to If the Adjudicator or Exchange staff media device to ensure that such NYSE Rule 8211.37 responsible for mailing or otherwise information was encrypted. The Proposed Rule 8310 would set forth transmitting the notice to the member Exchange’s current rules do not contain the range of sanctions that could be organization or covered person had comparable provisions. imposed in connection with actual knowledge that the address in the Proposed Supplementary Material disciplinary actions under the proposed CRD is out of date or inaccurate, then 8210.01 would provide that the rule rule change. Such sanctions would a copy of the notice would be mailed or requires member organizations and include censure, fine, suspension, otherwise transmitted to: (1) The last covered persons to provide Exchange revocation, bar, expulsion, or any other known business address of the member staff and Adjudicators with requested fitting sanction. The sanctions also are organization or the last known books, records and accounts. In substantially the same as the permitted residential address of the covered specifying the books, records and sanctions set forth in current Rule person as reflected in the CRD; and (2) accounts ‘‘of such member organization 476(a)(11), which are expulsion; any other more current address of the or covered person,’’ paragraph (a) of the suspension; limitation as to activities, member organization or covered person rule would refer to books, records and functions, and operations, including the known to the Adjudicator or Exchange accounts that the broker-dealer or its suspension or cancellation of a staff responsible for mailing or associated persons make [sic] or keep registration in, or assignment of, one or otherwise transmitting the notice. [sic] relating to its operation as a broker- more stocks; fine; censure; suspension Current Rules 475(e), 476(a)(11), and dealer or relating to the person’s or bar from being associated with any 477(a) and (b), and Rule 31 in the association with the member member or member organization; or any General Rules, which require persons organization or ATP Holder. This would other fitting sanction. Although there is subject to the Exchange’s jurisdiction to include but is not limited to records some difference between the text of the provide books and records and appear relating to an Exchange investigation of current and proposed rules, the and testify upon the Exchange’s request, outside business activities, private Exchange believes that in practice the do not specify the address to which a securities transactions or possible notice of such request must be directed. violations of just and equitable 37 The Exchange is not proposing to adopt FINRA The additional specificity in proposed principles of trade, as well as other Rule 8213, which provides for the automated submission of trading data for non-exchange listed Rule 8210(d) would afford member Exchange rules and the federal securities, and has marked it as ‘‘Reserved.’’ organizations and covered persons securities laws. It would not ordinarily Because the Exchange does not have regulatory additional procedural protections in include books and records that were in responsibility for trading in non-Exchange listed that respect. the possession, custody or control of a securities, it is not necessary for the Exchange to incorporate FINRA Rule 8213 into its rules. If the Adjudicator or Exchange staff member organization or covered person, Moreover, the Exchange recently deleted Rule responsible for mailing or otherwise but whose bona fide ownership was 410B—Equities, which required the reporting of off- transmitting the notice to the member held by an independent third party and Exchange transactions in Exchange-listed securities organization or covered person knew the records were unrelated to the that are not reported to the Consolidated Tape, as duplicative of existing regulatory reporting that the member organization or covered business of the member organization or requirements. See Securities Exchange Act Release person was represented by counsel covered person. The rule would require, No. 76982 (January 28, 2016) (SR–NYSEMKT– regarding the investigation, complaint, however, that a member organization or 2015–80).

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range of sanctions is the same due to the Rather, the Exchange uses fine monies Proposed Rule 9000 Series inclusion in both rules of the general for regulatory purposes.40 category ‘‘any other fitting sanction.’’ Proposed Rule 8320(b) and (c) would As noted above, the text of the Rule Proposed Rule 8310 would also allow permit the Exchange, after seven days’ 9000 Series would be based on the text the Exchange to impose a temporary or notice in writing, to suspend or expel a of the NYSE Rule 9000 Series, with permanent cease and desist order member or member organization from certain changes noted below. against a member organization or membership or revoke the registration of Proposed Rules 9001 Through 9120 covered person. This new authority, not a covered person for failure to pay a currently available under the fine. The text of the proposed rule is the Proposed Rule 9001 would set forth Exchange’s rules, is described in further same as the text of the NYSE’s rule the effective date of the rule, noting the detail below in the section concerning except for the inclusion of ‘‘member’’ in transitional provisions described above. the proposed Rule 9800 Series. subpart (b) to reflect the Exchange’s The text of proposed Rule 9001 would Proposed Rule 8310 is the same as membership. be based on the proposed introductory NYSE Rule 8310 except for the As noted above, under current Rule text of Rule 476, except that the inclusion of references to ‘‘member’’ 476(k), a person may be summarily transition with respect to proposed Rule and ‘‘ATP Holders.’’ suspended for failing to pay a fine 8320 would be reflected in proposed Proposed Rule 8311 would provide within a 45-day notice period; a Rule 8001 as described above. that if the Commission or the Exchange membership cancellation or bar also Proposed Rule 9110 would state the imposed a suspension, revocation, could be imposed in a regular types of proceedings to which the cancellation or bar on a covered person, disciplinary proceeding for non- proposed Rule 9000 Series would apply a member organization or ATP Holder payment of a fine. FINRA’s rules do not (each of which is described below) and may not permit such person to remain set forth a notice period but, as a matter the rights, duties, and obligations of associated, and, in the case of a of practice, FINRA typically provides a member organizations and covered suspension, may not pay any respondent at least 30 days to pay a fine persons, and would set forth the defined remuneration that results from any after the conclusion of a proceeding. As terms and cross-references. The securities transaction. The proposed the NYSE explained in proposing its Exchange also proposes to adopt rule rule is similar in result to current Rule Rule 8320, a 30-day period, along with text in Rule 9110(a), providing that in the seven days’ notice provided under 476(j), which provides that a member performing functions under the NYSE Rule 8320, provides respondents will be deprived of all rights and disciplinary code, the CRO and with an adequate amount of time to pay privileges of membership during a Regulatory Staff would function a fine and avoid any further sanction by suspension and that an expulsion of a independently of the commercial the Exchange.41 The Exchange proposes member terminates all rights and interests of the Exchange and the to follow the same reasoning for its Rule privileges arising out of the commercial interests of the members 8320. For clarity regarding the membership. However, the proposed and member organizations. As transition, proposed Rule 8001 would rule is broader because it applies to all discussed above, this requirement is provide that the Exchange may issue a covered persons subject to a suspension, already being met and is consistent with revocation, cancellation or bar and more written notice of suspension for non- payment of a fine under Rule 476(k) longstanding policies and practices at explicitly prohibits the payment of the Exchange, and the proposed compensation in the case of a until the effective date of the proposed rule change, and thereafter proposed provision would also be consistent with suspension. Except for references to rules currently in effect for the equities ATP Holders where appropriate, the Rule 8320 would apply. In addition, Rule 8320(d) would provide that the and options markets of the Exchange’s proposed Rule is the same as NYSE Rule 42 Exchange may exercise the authority set affiliate. The Exchange does not have 8311. a comparable rule. Except for the Proposed Rule 8313 would provide forth in Rules 8320(b) and (c) with respect to non-payment of a fine, inclusion of ‘‘member,’’ the proposed that the Exchange will publish all final Rule is the same as NYSE Rule 9110. disciplinary decisions issued under the monetary sanction, or cost assessed in a proposed Rule 9000 Series, other than disciplinary action initiated under Rule Proposed Rule 9120 would set forth minor rule violations, on its Web site.38 476 for which a decision was issued on definitions. The definitions are identical This is the Exchange’s longstanding or after the transition date. to those in NYSE Rule 9120, except that practice, although it does not have a Proposed Rule 8330 would provide the term ‘‘Board of Directors’’ would be current rule with respect to it. The that a disciplined member organization defined in paragraph (b), rather than Exchange believes that its current or covered person may be assessed the including a cross-reference to another practice is fair and non-discriminatory costs of a proceeding. There is no rule; the term ‘‘covered person’’ in and as such proposes to continue it. The comparable requirement in the current proposed paragraph (g) would include a proposed Rule is identical to the NYSE rules, although the Exchange may assess reference to ATP Holders; the cross- Rule. costs as a ‘‘fitting sanction’’ under reference in the definition of Proposed Rule 8320(a) would provide current Rule 476(a)(11). The proposed ‘‘Exchange’’ in proposed paragraph (n) that all fines and other monetary Rule is the same as the text of the NYSE would be conformed to NYSE MKT’s sanctions shall be paid to the Treasurer Rule. rules; and the definition of ‘‘Party’’ in of the Exchange. Such monies could not proposed paragraph (w) would include 39 www.nyse.com/publicdocs/nyse/regulation/nyse- a reference to ‘‘ATP Holder’’ to conform be used for commercial purposes. _ _ _ _ _ mkt/Seventh Amended and Restated Operating to the proposed Rule 9520 Series. The Agreement_of_NYSE_MKT_LLC.pdf. 38 Consistent with current practice, a 40 See Securities Exchange Act Release No. 58673 Exchange also proposes to include determination in a statutory disqualification (September 29, 2008), 73 FR 57707, 57717 (October definitions recently added to NYSE Rule proceeding under the proposed Rule 9520 Series 3, 2008) (SR–NYSE–2008–60 and SR–Amex–2008– 9120, including defined terms would not be considered a disciplinary decision 62) (approving merger whereby the Exchange’s ‘‘Enforcement’’ and ‘‘Regulatory and thus would not be subject to publication. predecessor, the American Stock Exchange LLC, a 39 See Article IV, Section 4.05 of the Seventh subsidiary of The Amex Membership Corporation, Amended and Restated Operating Agreement of became a subsidiary of NYSE Euronext). 42 See notes 33 and 34, supra, and accompanying NYSE MKT LLC, available at https:// 41 See 2013 Notice, 78 FR at 5222. text.

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Staff.’’ 43 More specifically, the above, provides that service is deemed served on such counsel or Exchange proposes the following: effective by personal service of the representative. • The Exchange proposes to add Charge Memorandum, or by leaving the The Exchange’s current rules do not definitions of ‘‘Enforcement,’’ referring same either at the respondent’s last explicitly permit service of a Charge to any department reporting to the CRO known office address during business Memorandum or other document on a of the Exchange with responsibility for hours or the respondent’s last place of respondent’s counsel or other investigating or imposing sanctions on a residence as reflected in Exchange authorized representative. The proposed member organization or covered person, records, or upon mailing same to the rule change would accommodate in addition to FINRA’s departments of respondent at such office address or respondents who have retained counsel Enforcement and Market Regulation; place of residence. and have authorized them to accept and ‘‘Regulatory Staff,’’ referring to any Under proposed Rule 9134, papers service. The proposed rule change also officer or employee reporting, directly served on a natural person could be would harmonize the Exchange’s rules or indirectly, to the CRO of the served at the natural person’s residential with many states’ Rules of Professional Exchange, in addition to FINRA staff address, as reflected in CRD, if Conduct for attorneys, which generally acting on behalf of the Exchange in applicable. When a Party or other require that, once a person retains an connection with the Rule 8000 and 9000 person responsible for serving such attorney, unless the attorney specifically Series.44 • person had actual knowledge that the provides otherwise, all communications The Exchange proposes to include natural person’s CRD address was out of be directed to such attorney.45 definitions of ‘‘Interested Staff’’ and date, duplicate copies would be The Exchange believes that these ‘‘Party’’ in proposed Rules 9120(t) and required to be served on the natural more detailed procedures for service of 9120(w), which include the terms person at the natural person’s last process would increase the likelihood of ‘‘Regulatory Staff’’ and ‘‘Enforcement,’’ known residential address and the successful service of process while respectively, and are identical to the business address in CRD of the entity providing appropriate due process definitions in the NYSE Rules. with which the natural person is • The Exchange proposes to number protections to its member organizations the definitions in Rule 9120 to employed or affiliated. Papers could and covered persons. correspond with the NYSE Rules. also be served at the business address of the entity with which the natural person Proposed Rules 9140 Through 9148 Proposed Rules 9130 Through 9138 is employed or affiliated, as reflected in Proposed Rules 9140 through 9148 Proposed Rules 9130 through 9138 CRD, or at a business address, such as would contain various rules relating to would govern the service of a complaint a branch office, at which the natural the conduct of disciplinary proceedings. or other procedural documents under person is employed or at which the The proposed Rules are the same as the rules. The proposed Rules are the natural person is physically present NYSE Rules 9140 through 9148. same as NYSE Rules 9130 through 9138. during a normal business day. The Proposed Rule 9141 would govern Proposed Rule 9131 would set forth Hearing Officer could waive the appearances in a proceeding, notices of the requirements for serving a complaint requirement of serving documents appearance, and representation. or document initiating a proceeding. (other than complaints) at the addresses Proposed Rule 9141 would permit a Proposed Rule 9132 would cover the listed in CRD if there were evidence that respondent to represent himself or be service of orders, notices, and decisions these addresses were no longer valid represented by an attorney, just as is by an Adjudicator. Proposed Rule 9133 and there was a more current address permitted under current Rule 476(h). would govern the service of papers available. If a natural person were Current Rule 476(h) is more general, in other than complaints, orders, notices, represented by counsel or a that it permits a respondent to be or decisions. Proposed Rule 9134 would representative, papers served on the represented by an attorney or other describe the methods of service and the natural person, excluding a complaint representative, while proposed Rule procedures for service. Proposed Rule or a document initiating a proceeding, 9141 is more specific in that it permits 9135 would set forth the procedure for would be required to be served on the a respondent to be represented by an filing papers with an Adjudicator. counsel or representative. attorney admitted to practice in the Proposed Rule 9136 would govern the Similarly, under proposed Rule 9134, United States, permits a partnership to form of papers filed in connection with papers served on an entity would be be represented by a partner, and permits any proceeding under the proposed required to be made by service on an a corporation, trust, or association to be Rule 9200 and 9300 Series. Proposed officer, a partner of a partnership, a represented by an officer of such entity. Rule 9137 would state the requirements managing or general agent, a contact Proposed Rule 9141 also requires an for and the effect of a signature in employee as set forth on Form BD, or attorney or representative to file a notice connection with the filing of papers. any other agent authorized by of appearance, which is not required Finally, proposed Rule 9138 would appointment or by law to accept service. under current Exchange rules. establish the computation of time. Such papers would be required to be In addition, proposed Rule 9141, in By comparison, current Rule 476(d), served at the entity’s business address conformance with a recent NYSE which governs service of process, is as reflected in CRD, if applicable; amendment and based on FINRA’s generally less detailed and, as noted provided, however, that when the Party or other person responsible for serving 45 See, e.g., American Bar Association Model Rule 43 See NYSE Reintegration Facilitation Filing such entity had actual knowledge that of Professional Conduct 4.2 (Communication with Approval Order, 80 FR at 72461. The Exchange also an entity’s CRD address was out of date, Person Represented by Counsel) (‘‘ABA Rule 4.2’’). proposes to incorporate those defined terms in ABA Rule 4.2 provides that ‘‘[i]n representing a proposed Rules 9131, 9146, 9211, 9212, 9213, 9215, duplicate copies would be required to client, a lawyer shall not communicate about the 9216, 9251, 9253, 9264, 9269, 9270, 9551, 9552, be served at the entity’s last known subject of the representation with a person the 9554, 9556, 9810, 9820, and 9830. address. If an entity were represented by lawyer knows to be represented by another lawyer 44 The proposed definition of ‘‘Regulatory Staff’’ counsel or a representative, papers in the matter, unless the lawyer has the consent of provides that for purposes of the Rule 8000 Series served on such entity, excluding a the other lawyer or is authorized to do so by law and Rule 9000 Series (except for Rule 9557), the or a court order.’’ Many states have rules regarding term ‘‘Exchange staff’’ shall have the same meaning complaint or document initiating a communication with a person represented by as ‘‘Regulatory Staff.’’ proceeding, would be required to be counsel that are based on ABA Rule 4.2.

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counterpart rule,46 would provide that record, and such responses would be Board of Directors (who are included in no former Regulatory Staff shall, within placed in the record. the proposed definition of a period of one year immediately Under proposed Rule 9143(d), in a ‘‘Adjudicator’’) ruling on procedural following termination of employment disciplinary proceeding governed by the matters. with the Exchange or FINRA, make an Rule 9200 Series and the Rule 9300 Finally, proposed Rule 9148 would appearance before an Adjudicator on Series, the prohibitions of the Rule generally prohibit interlocutory review, behalf of any other person in any would apply beginning with the except as provided in proposed Rule proceeding under the Rule 9000 Series. authorization of a complaint as 9280 for contemptuous conduct. The rule text is broader than FINRA’s provided in Rule 9211, unless the Similarly, current Rule 476(c) provides counterpart rule in that it covers not person responsible for the that there is no interlocutory appeal to only former FINRA staff but also former communication had knowledge that the the Exchange Board of Directors. complaint would be authorized, in Regulatory Staff that reported to the Proposed Rule 9150 CRO, and covers both officers and which case the prohibitions would employees. The Exchange believes that apply beginning at the time of his or her Proposed Rule 9150 would provide once Regulatory Staff reporting to the acquisition of such knowledge. Under that a representative can be excluded by CRO directly perform market proposed Rule 9143(e), there would be an Adjudicator for improper or surveillance, investigation and a waiver of the ex parte prohibition in unethical conduct. The proposed rule enforcement functions following the case of an offer of settlement, letter also is substantially the same as current termination of the Intercompany RSA, of acceptance, waiver and consent, or Rule 476(h), which provides that the such a prohibition would help prevent minor rule violation plan letter. There is Hearing Board can exclude a potential conflicts or appearance of no current comparable rule. representative for improper conduct in conflicts of interest. Current Rule 476 Proposed Rule 9144 would establish a proceeding, and is the same as NYSE does not address appearances by former the separation of functions for Interested Rule 9150. staff. Staff and Adjudicators and provide for Proposed Rule 9160 waivers. There is no current comparable Proposed Rule 9142 would require an rule. Proposed Rule 9160 would provide attorney or representative to file a Proposed Rule 9145 would provide that no person may act as an motion to withdraw. There is no current that formal rules of evidence would not Adjudicator if he or she has a conflict comparable Exchange rule. apply in any proceeding brought under of interest or bias, or circumstances Proposed Rule 9143(a) would prohibit the proposed Rule 9000 Series. NYSE exist where his or her fairness could certain ex parte communications. Under MKT does not have a current reasonably be questioned. In such case, proposed Rule 9143(b), an Adjudicator comparable rule that explicitly makes the person must recuse himself or participating in a decision with respect such a statement, although in practice herself, or may be disqualified. The to a proceeding, or an Exchange the result is the same—formal rules of proposed rule would cover the recusal employee participating or advising in evidence do not apply to current NYSE or disqualification of an Adjudicator, the decision of an Adjudicator, who MKT disciplinary proceedings. the Chair of the Exchange Board of received, made, or knowingly caused to Proposed Rule 9146 would govern Directors, or a Director. Current Rule be made a communication prohibited by motions a Party may make and 22—Equities similarly prohibits a the Rule would be required to place in requirements for responses and person from participating in an the record of the proceeding (1) all such formatting. A Party would be permitted adjudication or consideration of a written communications; (2) to make written and oral motions, matter if he or she has a personal memoranda stating the substance of all although an Adjudicator could require interest, and would apply during the such oral communications; and (3) all that a motion be in writing. An transition period to proceedings under written responses and memoranda opposition to a written motion would the current rules. The Exchange believes stating the substance of all oral have to be filed within 14 days, but the that the broader text of the proposed responses to all such communications. moving Party would have no right to rule could help to increase the fairness Under proposed Rule 9143(c), upon reply, unless an Adjudicator so permits, of its proceedings and also cover matters receipt of a prohibited communication in which case such reply generally involving the Exchange’s options made or knowingly caused to be made would be due within five days. market. Proposed Rules 9160(b), (c), and by any Party, any counsel to or Proposed Rule 9146 also would permit (d) are designated as ‘‘Reserved’’ to representative of a Party, or any a Party to move for a protective order. maintain consistency with NYSE’s rule Interested Staff, the Exchange or an There is no current comparable rule that numbering. The proposed Rule is the Adjudicator may order the Party contains such detail. Current Rule same as the NYSE Rule. 476(c) simply provides that the Chief responsible for the communication, or Proposed Rules 9200 Through 9212 the Party who may benefit from the ex Hearing Officer or a Hearing Officer may parte communication made, to show resolve any substantive legal motions. Proposed Rule 9200 would cover cause why the Party’s claim or interest The Exchange believes that the more disciplinary proceedings. Proposed Rule in the proceeding should not be detailed provisions of the proposed rule 9211 would permit Enforcement to dismissed, denied, disregarded, or would provide additional clarity to all request the authorization of the CRO to otherwise adversely affected by reason Parties to a proceeding. issue a complaint against a member of such ex parte communication. All Proposed Rule 9147 would provide organization or covered person, thereby participants in a proceeding could that Adjudicators may rule on commencing a disciplinary proceeding. respond to any allegations or procedural matters. The proposed rule The proposed Rule is the same as NYSE contentions contained in a prohibited ex is similar to current Rule 476(c), which Rule 9211. The complaint would parte communication placed in the provides that the Chief Hearing Officer replace the Charge Memorandum or a Hearing Officer may resolve any currently used under Rule 476(d), as described above, which requires that the 46 See NYSE Reintegration Facilitation Filing procedural matters. However, the Notice, 80 FR at 51337; Approval Order, 80 FR at Exchange’s current rules do not specific charges against the respondent 72462. explicitly provide for the Exchange in the form of a written statement be

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signed by an authorized officer or explicitly allow for an extension of time Rule 476(g) in that it provides a employee of the Exchange, or an to answer an amended complaint. settlement mechanism, there are certain authorized employee of another self- Proposed Rules 9213 through 9215 are key differences. Under current Rule regulatory organization. the same as NYSE Rules 9213 through 476(g), a Hearing Officer must act on a Proposed Rule 9212 would set forth 9215. Stipulation and Consent submitted by the requirements of the complaint, Proposed Rules 9216 and 9217 the parties and may choose to convene amendments to the complaint, a Hearing Panel. No Hearing Officer withdrawal of the complaint, and Proposed Rule 9216 would establish would be involved in the process under service of the complaint. The proposed the acceptance, waiver, and consent the proposed rule. rule would also permit the Chief (‘‘AWC’’) procedures by which a The Exchange also proposes to adopt Hearing Officer to select one Floor- respondent, prior to the issuance of a the NYSE’s process for minor rule Based Panelist, who would be a person complaint, may execute a letter violations while retaining the specific who is, or, if retired, was, active on the accepting a finding of violation, fine levels and list of rules included in Floor of the Exchange, to serve on a consenting to the imposition of the Exchange’s current minor rule Hearing Panel if the complaint alleges at sanctions, and agreeing to waive such violation plan, with certain technical least one cause of action involving respondent’s right to a hearing, appeal, and conforming amendments. Under the activities on the Floor of the Exchange. and certain other procedures.47 The proposed rule, the CRO, on behalf of the The proposed rule change would be proposed rule also would establish SRO Board, would be authorized to consistent with the Exchange’s practice procedures for executing a minor rule accept or reject a minor rule violation under current Rule 476(b), which violation plan letter.48 plan letter. If the minor rule violation provides that in any disciplinary Enforcement could prepare and plan letter were accepted by the CRO, it proceeding involving activities on the request that a member organization or would be deemed final. Proposed Rule Floor of the Exchange, no more than one covered person execute an AWC letter if 9216(b)(4) would further provide that of the persons serving on the three- Enforcement had reason to believe a any fine imposed pursuant to proposed person Hearing Panel may be, or, if violation had occurred and the member Rule 9216(b) and not contested would retired, may have been, active on the organization or covered person did not not be publicly reported, except as may Floor of the Exchange. Proposed Rule dispute the violation. The CRO would be required by Rule 19d–1 under the 9212 is the same as the counterpart be authorized to accept or reject an Exchange Act, and as may be required NYSE Rule. AWC letter that has been executed by a by any other regulatory authority. If the Under the proposed rule change, the member organization or covered person. letter were rejected by the CRO, the form of the complaint also would be If the AWC letter were accepted by the Exchange would be permitted to take more prescribed than under current CRO, it would be deemed final and any other appropriate disciplinary Rule 476. Current Rule 476 also does would constitute the complaint, answer, action with respect to the alleged not address the amendment or and decision in the matter 25 days after violation or violations. If the letter were withdrawal of complaints. it is sent to each Director and each rejected, the member organization or member of the Committee for Review, covered person would not be prejudiced Proposed Rules 9213 Through 9215 unless review by the Exchange Board of by the execution of the minor rule Proposed Rule 9213 would provide Directors is requested pursuant to violation plan letter, and such for the appointment of a Hearing Officer proposed Rule 9310(a)(1)(B). Such document could not be introduced into and Panelists by the Chief Hearing review is consistent with the call for evidence in connection with the Officer. Current Rule 476(b) is similar in review process in connection with a determination of the issues set forth in that it provides for the appointment of Stipulation and Consent under current any complaint or in any other a Chief Hearing Officer by the Exchange Rule 476(g) and the process set forth in proceeding. Board of Directors and the utilization of the NYSE Rules.49 The Exchange also Unlike current Rule 476A, which is three-person Hearing Panels led by a believes that allowing AWC letters to be described above, the proposed rule Hearing Officer. called for review by the Exchange Board would not permit a respondent to Proposed Rule 9214 would permit the of Directors provides an additional, contest a minor rule violation letter by Chief Hearing Officer to sever or appropriate check and balance to the filing an answer and converting it into consolidate two or more disciplinary settlement process. If the AWC letter a regular disciplinary proceeding, nor proceedings under certain were rejected by the CRO, the member would the proposed rule permit any circumstances and permit a Party to organization or covered person who person to require a review by the Board move for such action under certain executed the letter would be notified in of any Hearing Panel determination in circumstances. There is no rule writing and the letter would be deemed such a proceeding. Rather, under the comparable to proposed Rule 9214 for withdrawn. proposed rule, if the respondent rejects severing or consolidating proceedings. While the AWC process has some the minor rule violation letter, then a Under current Rule 476(c), the Chief similarity to the Exchange’s current complaint must be served and filed Hearing Officer or a Hearing Officer Stipulation and Consent procedure in under proposed Rule 9211 in order to resolves all procedural matters and begin a disciplinary proceeding, and the substantive legal motions. 47 Proposed Rule 9270 would address settlement minor rule violation letter may not be Proposed Rule 9215 would set forth procedures after the issuance of a complaint. introduced into evidence. The Exchange requirements for answering a complaint, 48 As described in proposed Rules 9216(b) and believes that the proposed rule provides including form, service, notice, content, 9217, a minor rule violation plan letter is a means similar and sufficient procedural by which a fine (not to exceed $5,000) and/or a defenses, amendments, default, and censure may be imposed on a member organization protections to respondents. timing. An answer to a Charge or covered person with respect to certain Proposed Rule 9217 would set forth Memorandum under current Rule specifically enumerated rules, provided that there the list of rules under which a member 476(d) and an answer to a complaint is reason to believe a violation has occurred and the organization or covered person may be member organization or covered person does not under the proposed rule change have dispute the violation. subject to a fine under a minor rule the same 25-day response deadline; 49 See NYSE Reintegration Facilitation Filing violation plan as described in proposed however, proposed Rule 9215 would Approval Order, 80 FR at 72460. Rule 9216(b). The Exchange would

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retain the list of rules currently set forth MKT minor rules also includes 9231 and 9232 are the same as the in its own minor rule violation plan references to certain rules that have counterpart NYSE rules, except for the (found in Parts 1A, 1C, and 1D of been removed from the rules as part of substitution of ‘‘Exchange’’ for ‘‘NYSE’’ current Rule 476A), and also insert the FINRA rule harmonization process, before ‘‘hearing board’’ and the use of them, with certain technical and including previous Rules 312(h)— ‘‘ATP Holders’’ in proposed Rule 9232 conforming changes, into proposed Rule Equities, 382(a)—Equities, 352(b) and to reflect the Exchange’s membership. 9217, rather than adopt the list of rules (c)—Equities, 392—Equities, and Under the proposed rule change, the in NYSE’s plan.50 445(4)—Equities, as well as rules the Exchange would use FINRA’s Chief The technical and conforming Exchange is proposing to delete in the Hearing Officer and Hearing Officers changes relating to minor rule violations current rule filing, such as Rule 410A— from FINRA’s Office of Hearing Officers, are as follows. The list of equities rules Equities. The Exchange proposes to rather than have the Exchange Board of violations would be supplemented with maintain the references to these former Directors appoint such persons as it references to proposed Rules 8210 and rules in its current list of minor rules in does under current Rule 476(b). To 8211. In particular, references to the proposed Rule 9217. By doing so, the harmonize the Exchange’s rules with the failure to submit books and records or Exchange could continue to resolve hearing process under NYSE rules, the to furnish information on the date or violations of them that occurred prior to Exchange believes that it is reasonable within the time period that the the harmonization via a minor rule to utilize FINRA’s Office of Hearing Exchange requires under Rule 476(a)(11) violation letter.52 For example, Officers as described in the proposed would be supplemented with a guarantees against loss were covered by rule change. reference to proposed Rule 8210. Rule 352—Equities until December The Exchange would continue to References to the submission of trading 2009, when Rule 2150—Equities was draw Panelists appointed from an data under Rule 410A—Equities would adopted.53 The Exchange could resolve Exchange hearing board. The hearing be supplemented with a reference to a guarantee against loss violation that board would be composed of members proposed Rule 8211. occurred in November 2009 when Rule of the Exchange who are not members The list of options rules violations 352—Equities was effective, and Rule of the Exchange Board of Directors and and accompanying fine levels chart 2150—Equities was not effective, via a registered employees and non-registered would be similarly updated. Failure to minor rule violation plan letter under employees of member organizations or submit trade data to the Exchange in a proposed Rule 9217. The Exchange will ATP Holders, as well as former timely manner (item (ii)(1)) would be determine at a later time when it is members, allied members, or registered supplemented by references to proposed appropriate to remove these previous and non-registered employees of Rule 8211 in both places. Failure to rule references from the list of minor member organizations or ATP Holders furnish in a timely manner books, rules. who have retired from the securities records or other requested information industry.54 As is the case under current or testimony in connection with an Proposed Rules 9220 Through 9222 Rule 476(b), Panelists would be required examination of financial responsibility Proposed Rules 9220 and 9222 would to be persons of integrity and judgment. and/or operational conditions under describe how a respondent can request The proposed rule would provide that Rule 31 (item (ii)(2)) would be a hearing, the notice of a hearing, and the hearing board would be appointed supplemented in both places with a timing considerations. The proposed by the Exchange Board of Directors. reference to proposed Rule 8210. rules are the same as NYSE Rules 9220 Under current Rule 476(b), the Hearing Delaying, impeding or failing to through 9222. Proposed Rule 9221 Board is selected by the Chairman of the cooperate in an Exchange investigation provides that a Hearing Officer generally Exchange Board of Directors, subject to under Rule Section 9A (item (ii)(5)) must provide at least 28 days’ notice of the approval of the Board of Directors. would be supplemented in both places the hearing. Current Rule 476 does not The Exchange believes that because the with references to proposed Rule 8210. have comparable provisions relating to approval of the Exchange Board of Finally, the Exchange proposes to how a hearing can be ordered and time Directors is required for appointment of replace the reference to Rule 476A in for notices; rather, current Rule 476(b) the hearing board, it is not necessary to the first paragraph under the heading states that all proceedings under the specify that the Chairman of the ‘‘List of Reports Required to be Filed Rule, except as to matters that are Exchange Board shall appoint the with the Exchange by ATP Holders and resolved by a Hearing Officer when so hearing board subject to such Filing Deadlines’’ relating to the authorized, are conducted at a Hearing approval.55 Exchange’s ability to impose a $100 per in accordance with the provisions of There would be one change in hearing day fine on any ATP Holder failing to Rule 476. board eligibility in the proposed rule as file an enumerated report with a compared to the current rule. Currently, Proposed Rules 9230 Through 9235 reference to Rule 9216(b). the Exchange requires that a Panelist The current list of minor rules Proposed Rules 9231 and 9232 would cannot have been retired from the includes a reference to Rule 504(b)(6)— govern how a Hearing Panel, Extended securities industry for more than five Equities, which was deleted in August Hearing Panel, Replacement Hearing years. In order to have the largest 2012; 51 as such, the Exchange proposes Officer, Panelists, Replacement number of potential retired Panelists to delete the rule from the list in Rule Panelists, and Floor-Based Panelists are available following the proposed rule 476A and not include it in proposed appointed and their composition and change, the Exchange proposes to drop Rule 9217. The current list of NYSE criteria for selection. Proposed Rules 54 As noted above, the Exchange no longer has 50 The proposed rule also would retain the 52 This rationale for maintaining references to allied members, but former allied members would Exchange’s maximum fine for minor rule violations former rules in the list of minor rule violations was continue to be eligible to be appointed to the which, under current Rule 476A, is $5,000. NYSE’s noted in Securities Exchange Act Release No. 62940 Hearing Board, and the text of proposed Rule 9232 maximum fine for minor rule violations is $2,500. (September 20, 2010), 75 FR 58452 (September 24, reflects this. See note 27, supra. See NYSE Rule 9216(b). 2010) (SR–NYSE–2010–66). 55 The proposed rule is based on NYSE’s recent 51 See Securities Exchange Act Release No. 67740 53 See Securities Exchange Act Release No. 61157 amendment to NYSE Rule 9232. See NYSE (August 28, 2012), 77 FR 53952 (September 4, 2012) (December 11, 2009), 74 FR 67939 (December 21, Reintegration Facilitation Filing Approval Order, 80 (SR–NYSEMKT–2012–37). 2009) (SR–NYSEAmex–2009–88). FR at 72464.

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the five-year restriction. The Exchange person under the Rule 9000 Series.56 available by Enforcement, no rehearing believes that there are well-qualified Nothing in this Rule would prohibit or amended decision of a proceeding persons, in particular retirees, who former Regulatory Staff from testifying already heard or decided would be continue to stay abreast of industry as a witness on behalf of the Exchange required unless the respondent developments and rules after more than or FINRA. The rule text in proposed establishes that the failure to make the five years of retirement and that such Rule 9242(b) is broader than FINRA’s Document available was not harmless persons would be valuable additions to counterpart rule in that it covers not error. The Hearing Officer, or, upon the hearing board. only former FINRA staff but also former review under proposed Rule 9310, the In addition, as noted above, the Regulatory Staff that reported to the Exchange Board of Directors, would Exchange proposes to permit the Chief CRO, and covers both officers and determine whether the failure to make Hearing Officer to select one Floor- employees. Given the Exchange’s the document available was not Based Panelist to serve on a Hearing resumption of certain regulatory harmless error, applying applicable Panel if the complaint alleges at least functions earlier this year, the Exchange Exchange, FINRA, SEC, and federal one cause of action involving activities believes that a prohibition on former judicial precedent. The proposed Rule on the Floor of the Exchange, consistent Regulatory Staff providing expert would not establish any preference for with the Exchange’s practice under testimony would help prevent potential Exchange versus other precedent in this current Rule 476(b). conflicts or appearance of conflicts of respect; rather, the Adjudicators could interest. The Exchange also believes determine in their discretion what Proposed Rule 9232 would include that, consistent with FINRA Rule Panelist selection criteria, which are precedent to apply. 9242(b), permitting a former Regulatory Current Rule 476(c) contains expertise, absence of any conflict of Staff member to testify as a witness on interest or bias or any appearance provisions that address the same behalf of the Exchange does not pose subject. As described above, under that thereof, availability, and the frequency potential conflicts of interest. with which a person has served as a rule the Chief Hearing Officer, or any As stated above, current Rule 476(c) Hearing Officer designated by the Chief Panelist in the last two years, favoring gives Hearing Officers general authority the selection of a person as a Panelist Hearing Officer, may require the in procedural matters, but there are no Exchange to permit a respondent to who has never served or who has served specific provisions in the current rules infrequently as a Panelist during the inspect and copy documents or records relating to pre-hearing conferences and in the possession of the Exchange that period. Rule 476(b) currently does not submissions, nor do the current rules include these criteria. are material to the preparation of the address expert testimony by former defense or are intended for use by the Proposed Rules 9233 and 9234 would staff. Exchange as evidence in chief at the establish the processes for recusal and Proposed Rules 9250 Through 9253 hearing; however, the rule does not disqualification of Hearing Officers, authorize the discovery or inspection of Hearing Panels, or Extended Hearing Proposed Rules 9250 through 9253 would address discovery, including the reports, memoranda, or other internal Panels. Current Rule 22—Equities Exchange documents prepared by the similarly prohibits a person from requirements and limitations relating to the inspection and copying of Exchange in connection with the participating in an adjudication if he or proceeding. Under the proposed rule, she has a personal interest but does not documents in the possession of Exchange staff, requests for information there would be no materiality standard. specifically provide for recusals and The Exchange believes that eliminating disqualifications in the manner in and limitations on such requests, and the production of witness statements the materiality standard will ease which the comparable NYSE rule does. administration of the rule while still The options market does not have a and any harmless error relating to the production of such witness statements. providing appropriate protections for comparable rule. Proposed Rules 9233 internal Exchange documents. and 9234 are the same as the NYSE The proposed rules are the same as In addition, under current Rule rules. NYSE Rules 9250 through 9253. Proposed Rule 9251 would generally 476(c), the respondent may be required Proposed Rule 9235 would set forth require Enforcement to make available to provide discovery of non-privileged the Hearing Officer’s duties and to a respondent any documents documents and records to the Exchange. authority in detail. The proposed rule prepared or obtained in connection with There is no explicit counterpart in the change is similar to current Rule 476(c), the investigation that led to the proposed NYSE MKT or current NYSE which gives the Hearing Officer general proceedings, except that certain rules, but the Exchange notes that authority in procedural and evidentiary privileged or other internal documents, proposed Rule 8210 may always be used matters. The proposed rule is the same such as examination or inspection to obtain non-privileged documents as NYSE Rule 9235. reports or documents that would reveal from a respondent. Thus, in that respect, Proposed Rules 9240 Through 9242 an examination, investigation, or there is no substantive difference in the enforcement technique or confidential result under the current or proposed Proposed Rules 9241 and 9242 would source, or documents that are prohibited rules. govern the substantive and procedural from disclosure under federal law, are Under proposed Rule 9252, a requirements for pre-hearing not required to be made available. A respondent could request that the conferences and pre-hearing Hearing Officer may require that a Exchange invoke proposed Rule 8210 to submissions. In addition, proposed Rule withheld document list be prepared. compel the production of Documents or 9242, in conformance with the current Proposed Rule 9251 also sets forth testimony at the hearing if the NYSE rule based on FINRA’s procedures for inspection and copying respondent can show that certain counterpart rule, would provide that no of produced documents. In addition, if standards are met, e.g., that the former Regulatory Staff shall, within a a Document required to be made information sought is relevant, material, period of one year immediately available to a respondent pursuant to and non-cumulative. Current Rule 476 following termination of employment the proposed Rule was not made provides that a respondent may be with the Exchange or FINRA, provide required to provide discovery of non- expert testimony on behalf of any other 56 See id., 80 FR at 51338. privileged documents to the Exchange.

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Under proposed Rule 9253, a but the rule does not specifically Current Rule 476(d) provides a similar respondent could file a motion to obtain address such post-hearing activities. mechanism for default decisions as the certain witness statements. The Proposed Rule 9267(a) would detail proposed rule change. As described Exchange’s current rules do not contain the required contents of the hearing above, under the current rule, if the such a provision. record and Rule 9267(b) would describe respondent has failed to file an Answer, treatment of supplemental documents the Exchange, by motion, accompanied Proposed Rules 9260 Through 9269 attached to the record. The Exchange’s by proof of notice to the respondent, Proposed Rules 9260 through 9269 current rules do not contain such a may request a determination of guilt by would govern hearings and decisions. provision. default, and may recommend a penalty The proposed rules are the same as the Proposed Rule 9268 would set forth to be imposed. If the respondent counterpart NYSE rules except for the the timing and the contents of a opposes the motion, the Hearing Officer, inclusion of ‘‘ATP Holder’’ and decision of the Hearing Panel or on a determination that the respondent ‘‘member’’ in Rule 9268. Extended Hearing Panel and the had adequate reason to fail to file an Proposed Rule 9261 would generally procedures for a dissenting opinion, Answer, may adjourn the hearing date require the Parties to submit a list of service of the decision, and any requests and direct the respondent to promptly documentary evidence and witnesses no for review. Other than a reference to file an Answer. If the default motion is later than 10 days before the hearing. ‘‘ATP Holder’’ in subparagraph (d), the unopposed, or the respondent did not The Exchange’s current rules do not proposed Rule is the same as NYSE Rule have adequate reason to fail to file an contain such a provision. 9268. Answer, or the respondent failed to file Proposed Rule 9262 would require The Exchange notes that it has a an Answer after being given an persons subject to the Exchange’s member organization affiliate.57 As opportunity to do so, the Hearing jurisdiction to testify under oath or such, in proposed Rule 9268(e)(2), the Officer, on a determination that the affirmation at a hearing. The Exchange’s Exchange proposes to include text respondent has had notice of the current rules do not contain such a providing that a disciplinary decision charges and that the Exchange has provision. concerning an Exchange member or jurisdiction in the matter, may find guilt Proposed Rule 9263 would authorize member organization that is an affiliate and determine a penalty. Unlike the the Hearing Officer to exclude of the Exchange would not be subject to proposed rule, the current rule does not irrelevant, immaterial, or unduly review under proposed Rule 9310 but contain a provision for setting aside a repetitious or prejudicial evidence and instead would be treated as a final default decision that has been rendered. a Party to object; excluded evidence disciplinary action subject to SEC Proposed Rule 9270 would be attached to the record as a review. The Exchange does not believe Proposed Rule 9270 would provide supplemental document. Under current that an appeal by an affiliate to the for a settlement procedure for a Rule 476(c), the Chief Hearing Officer or Exchange Board of Directors is respondent who has been notified that a Hearing Officer resolves all appropriate, but rather such affiliate a proceeding has been instituted against evidentiary issues. There is no explicit should be permitted to appeal directly him or her. The proposed settlement provision in the Exchange’s current to the SEC. The Exchange notes that procedure would be different from the rules for excluded evidence to be NASDAQ, which also has an affiliate, Stipulation and Consent procedure attached to the record. has a rule that is substantially the same under current Rule 476(g), which is Proposed Rule 9264 would allow as the Exchange’s proposed rule and described above. The proposed rule Parties to file a motion for summary NYSE’s current rule.58 Because the would be the same as NYSE Rule 9270, disposition under certain circumstances Exchange’s affiliates will still have a except as described below. and would describe the procedures for right to appeal to the SEC, the Exchange Under proposed Rule 9270(a), a filing and ruling on such a motion. believes that the proposed rule is not respondent notified of the institution of Under current Rule 476(c), the Chief unfairly discriminatory. a disciplinary proceeding could make a Hearing Officer or a Hearing Officer Finally, proposed Rule 9269 would written offer of settlement at any time, resolves all procedural matters, but the establish the process for the issuance but the proposal would not stay the Rule does not specifically address and review of default decisions by a proceeding unless the Hearing Officer motions for summary disposition. In Hearing Officer when a respondent fails determined otherwise. The proposed practice, however, Hearing Panels to timely answer a complaint or fails to rule differs from current Rule 476(g), accept and rule on motions for summary appear at a pre-hearing conference or which requires that a Stipulation and disposition. hearing where due notice has been Consent be agreed to by both the Proposed Rule 9265 would require provided. A Party may, for good cause respondent and Exchange staff. that the hearing be recorded by a court shown, file a motion to set aside a Under proposed Rule 9270(b), a reporter, that a transcript be prepared default decision. A default decision respondent would be prohibited from and made available for purchase, and would become the final disciplinary making a frivolous settlement offer or that a Party be permitted to seek a action of the Exchange if a request for one that was inconsistent with the correction of the transcript from the review by the Exchange Board of seriousness of the violations. Current Hearing Officer. Current Rule 476(e) Directors is not filed within 25 days Rule 476(g) does not contain a similar provides generally that the Exchange after the date the decision is served on provision. must keep a record of hearings. the Parties. The proposed rule is the Proposed Rule 9270(c) would set forth Proposed Rule 9266 would authorize same as NYSE Rule 9269. the required content of the proposal, the Hearing Officer to require a post- which would include a statement hearing brief or proposed findings of 57 The Exchange has one member organization, consenting to findings of fact and fact and conclusions of law and would Archipelago Securities LLC, that is an affiliate of violations and a proposed sanction. The outline the form and timing for such the Exchange and that is used for inbound and proposed rule would be the same as outbound routing of certain orders. See Rule 1, Rule submissions. Under current Rule 476(c), 17(c)—Equities & Rule 993NY. NYSE’s rule, except that, like FINRA the Chief Hearing Officer or a Hearing 58 See NASDAQ Rule 9268(e)(2); NYSE Rule Rule 9270(c)(5), the proposed rule Officer resolves all procedural matters, 9268(e)(2). would also require that the proposed

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sanction be consistent with the Proposed Rule 9270(f) and (h) would after being sent to each Director and Exchange’s sanctions guidelines, if address uncontested offers of member of the Committee for Review, if applicable, or, if inconsistent with the settlement. Under the proposed rule, an not called for review by the Exchange sanction guidelines, include a detailed offer of settlement would be Board of Directors. statement supporting the proposed uncontested if Enforcement does not Proposed Rule 9270(i) would address sanction. The NYSE does not have oppose it. If a hearing on the merits had disciplinary proceedings with multiple sanctions guidelines, so this not begun, the CRO could accept the respondents and permit settlement requirement was not included in settlement offer; if a hearing on the offers to be accepted or rejected as to NYSE’s rules.59 As noted above, the merits had begun, the Hearing Panel or any one or all of such respondents. Exchange’s Sanctions Guidelines apply Extended Hearing Panel could accept Current Rule 476(g) does not have a only to matters involving violations of the settlement offer.60 If they did not, similar provision. the options rules. In connection with the offer would be deemed withdrawn Proposed Rule 9270(j) would provide matters not covered by the Sanctions and the matter would proceed under the that a respondent may not be prejudiced Guidelines, the CRO, Hearing Panel or proposed Rule 9200 Series and the by a rejected offer of settlement nor may Extended Hearing Panel, as applicable, settlement offer would not be part of the such an offer of settlement be would consider relevant Exchange record. As described below, if the offer introduced into evidence. The current precedent or such other precedent as it of settlement were accepted by the CRO, rules do not have a similar provision. deemed appropriate in determining Hearing Panel or Extended Hearing Proposed Rule 9280 whether to accept a settlement offer. Panel, it would become final 25 days Current Rule 476(g) similarly requires after being sent, together with an order Proposed Rule 9280 would set forth that a Stipulation and Consent contain of acceptance, to each Director and each sanctions for contemptuous conduct by proposed findings of fact, violations, member of the Committee for Review, a Party or attorney or other and a specified penalty. unless review by the Exchange Board of representative, which may include Proposed Rule 9270(d) would provide Directors is required pursuant to exclusion from a hearing or conference, that submission of a settlement offer proposed Rule 9310(a)(1)(A) or (B). and sets forth a process for reviewing waives a respondent’s right to a hearing, The Exchange anticipates that the such exclusions. The Exchange the right to claim bias or ex parte required acceptance by the CRO, proposes to have the Chief Hearing communication violations, and the right Hearing Panel, or Extended Hearing Officer review exclusions. The to review by the Exchange Board of Panel would help ensure objectivity and Exchange believes that respondents and Directors, the Commission, or the consistency among offers of settlement their attorneys and representatives will courts. This differs from current Rule that are issued. The proposed rule have adequate procedural protections 476(g), which allows either party to change would also allow an offer of with a review by the Chief Hearing request a hearing on a Stipulation and settlement to be called for review by the Officer. Current Rule 476 does not have Consent or a Hearing Officer to convene Exchange Board of Directors. The similar procedures for contemptuous a hearing on a Stipulation and Consent Exchange believes that this review conduct generally, but Rule 476(h) does in certain circumstances. mechanism provides an additional, allow for a fine or sanction for improper Proposed Rule 9270(e) would address appropriate check and balance to the conduct before a Hearing Board. The contested settlement offers. Under the proposed settlement process. proposed Rule is the same as NYSE Rule proposed rule, if a respondent made an While the offer of settlement process 9280. offer of settlement and Enforcement has some similarity to the Exchange’s opposed it, the offer of settlement would current Stipulation and Consent Proposed Rule 9290 be contested and thereby deemed procedure in Rule 476(g) in that it Under proposed Rule 9290, for any rejected, and thus the proceeding would provides a settlement mechanism, there disciplinary proceeding the subject continue to completion under the are certain key differences. Under matter of which also is subject to a proposed Rule 9200 Series. The current Rule 476(g), a Hearing Officer temporary cease and desist proceeding contested offer of settlement would not must act on a Stipulation and Consent initiated pursuant to proposed Rule be transmitted to the Office of Hearing submitted by the parties and may 9810 or a temporary cease and desist Officers, the CRO, or Hearing Panel or choose to convene a Hearing Panel. order, hearings would be required to be Extended Hearing Panel, and would not Under the proposed rule change, as held and decisions rendered at the constitute a part of the record in any under NYSE Rule 9270, a Hearing earliest possible time. The Exchange proceeding against the respondent Officer would be required to act on an currently does not have a similar rule. making the offer. The Exchange has offer of settlement only if a hearing on The proposed rule is the same as NYSE determined that if the Parties cannot the merits had already begun. In Rule 9290. reach agreement on the offer of addition, under Rule 476(g), all settlement, then the matter should determinations and penalties imposed Proposed Rules 9300 and 9310 proceed under the proposed Rule 9200 in connection with a Stipulation and The Exchange’s appellate and call for Series. The Exchange believes that its Consent are final and conclusive 25 review processes would be set forth in proposed rule would encourage days after notice has been served upon the Rule 9300 Series, specifically respondents to make reasonable offers of the respondent. As discussed below in proposed Rule 9310. The text is settlement that will be acceptable to connection with proposed Rule substantially similar to current Rule Enforcement and is consistent with the 9310(a)(1)(B), an offer of settlement 476(f), (g) and (l), with certain Exchange’s current process under Rule issued before a hearing on the merits differences that are described below. 476(g), which does not contemplate has begun would become final 25 days The text of proposed Rule 9310 is the contested settlement offers but rather same as NYSE Rule 9310, except as requires that both the respondent and 60 In determining whether to accept a settlement described below. Exchange staff agree on the Stipulation offer, the CRO, Hearing Panel or Extended Hearing Under proposed Rule 9310(a)(1)(A), Panel, as applicable, would consider Exchange and Consent. precedent or such other precedent as it deemed any Party, any Director, and any appropriate, in addition to considering the member of the Committee for Review 59 See 2013 Notice, 78 FR at 5229. Sanctions Guidelines, if applicable. could require a review by the Exchange

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Board of Directors of any determination request therefor, which states the basis Under proposed Rule 9310(a)(2), the or penalty, or both, imposed by a and reasons for such review, within 25 Secretary of the Exchange would direct Hearing Panel or Extended Hearing days after notification pursuant to Rule the Office of Hearing Officers, in Panel under the proposed Rule 9200 9216(a)(3) or Rule 9270(h) that an AWC connection with any review under Series, except that none of the letter or uncontested offer of settlement paragraph (a)(1)(A), to complete and aforementioned persons could request a or order of acceptance is not accepted transmit a record of the disciplinary review by the Exchange Board of by the CRO. The Exchange proposes that proceeding in accordance with Rule Directors of a decision concerning an the Secretary of the Exchange would 9267. Within 21 days after the Secretary Exchange member or member give notice of any such request for of the Exchange gives notice of a request organization that is an affiliate. Under review to the parties. for review to the Parties, or at such later the proposed rule, a request for review The text of proposed Rule 9310(a)(1) time as the Secretary of the Exchange would be made by filing with the differs from Rule 476 in order to align could designate, the Office of Hearing Secretary of the Exchange a written it with terms used in the remainder of Officers would assemble and prepare an request therefor, which states the basis the proposed Rule 9000 Series. The call index to the record, transmit the record and reasons for such review, within 25 for review process described in and the index to the Secretary of the days after notice of the determination proposed Rule 9310(a)(1)(A) is Exchange, and serve copies of the index and/or penalty was served upon the consistent with the process described in upon all Parties. The Hearing Officer respondent. The Secretary of the Rule 476(f) and (g) regarding review of who participated in the disciplinary Exchange would give notice of any such a determination or penalty imposed by proceeding, or the Chief Hearing Officer, request for review to the Parties. a Hearing Panel. The call for review would certify that the record Proposed Rule 9310(a)(1)(B) would process described in Rule 9310(a)(1)(B) transmitted to the Secretary of the govern the call for review process in for AWC letters and offers of settlement Exchange was complete. Current Rule connection with AWC letters and offers before a hearing on the merits has begun 476(f) does not contain such of settlement determined to be differs from Rule 476 because it requirements. uncontested before a hearing on the describes a process for reviewing Under proposed Rule 9310(b), any merits has begun. Under the proposed determinations and penalties imposed review by the Exchange Board of rule, any Director and any member of without involvement of a Hearing Directors would be based on oral the Committee for Review could require Officer or Hearing Panel. No such arguments and written briefs and limited to consideration of the record a review by the Exchange Board of process exists under the Exchange’s Directors of any determination or before the Hearing Panel or Extended current rules because Rule 476(g) penalty, or both, imposed in connection Hearing Panel. Proposed Rule 9310(b) provides that a Hearing Officer must act with an AWC letter under Rule 9216 or also incorporates Rule 476(f)’s provision on a Stipulation and Consent submitted an offer of settlement determined to be relating to appeals panels.61 by the parties and may choose to uncontested before a hearing on the Specifically, under proposed Rule convene a Hearing Panel. merits has begun under Rule 9270(f), 9310(b), the CFR may, but is not except that none of those persons could The Exchange believes that allowing required to, appoint an appeals panel to request a review by the Exchange Board AWC letters and offers of settlement conduct a review under this subsection of Directors of a determination or accepted by the CRO to be called for and make a recommendation to the CFR. penalty concerning an Exchange review by the Exchange Board of An appeals panel appointed by the CFR member or member organization that is Directors, together with the proposed would consist of at least three and no an affiliate of the Exchange. A request rule permitting parties to request Board more than five individuals. An appeals for review pursuant to proposed review of a determination to reject an panel appointed by the CFR for equities paragraph (a)(1)(B)(i) would be made by uncontested offer of settlement, matters would be composed of at least filing with the Secretary of the Exchange provides an additional, appropriate one director and one member or a written request stating the basis and check and balance to the settlement individual associated with an equities reasons for such review, within 25 days process. Allowing for such review member organization. An appeals panel after the AWC letter or offer of would provide an additional layer of appointed by the CFR for options settlement has been sent to each review for determinations made by the matters would be composed of at least Director and each member of the CFR. CRO. It would also permit all AWC one director and one member or The Secretary of the Exchange would letters and offers of settlement to be individual associated with an options give notice of any such request for subject to review if requested by a member organization. NYSE Rule review to the Parties. Director or a member of the Committee 9310(b) does not contain a similar In addition, the Exchange proposes for Review. The Exchange believes that provision relating to appeals panels. that any party could require a review by the 25-day period in proposed Rule Upon review, and with the advice of the Exchange Board of Directors of any 9310(a)(1)(B) is reasonable and the CFR, the Exchange Board of rejection by the CRO of an AWC letter sufficient. The proposed 25-day period Directors, by the affirmative vote of a under Rule 9216 or an offer of is consistent with the 25-day period for majority of the Exchange Board of settlement determined to be Board review of a Stipulation and Directors then in office, could sustain uncontested before a hearing on the Consent (or rejection thereof) set forth in any determination or penalty imposed, merits has begun under Rule 9270(f), current Rule 476(g). The proposed rule or both; could modify or reverse any except that no party could request Board change is also consistent with the such determination; and could increase, review of a rejection of an AWC letter period applicable to review of a decrease or eliminate any such penalty, or offer of settlement concerning an determination or penalty imposed by a or impose any penalty permitted under Exchange member or member Hearing Panel or Extended Hearing the Exchange’s rules, as it deems organization that is an affiliate of the Panel in NYSE Rule 9310(a)(1). appropriate. Unless the Exchange Board Exchange. Under subparagraph (B)(ii) of Similarly, the proposed rule change is of Directors otherwise specifically proposed Rule 9310(a)(1), such a request consistent with the 25-day period for directed, the determination and penalty, for review would be made by filing with requesting review of a default decision the Secretary of the Exchange a written under proposed Rule 9269(d). 61 See note 15, supra.

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if any, of the Exchange Board of NYSE Rule 9520 Series, and as such, Proposed Rules 9550 Through 9559 Directors after review would be final intends to issue a notice to that effect. Proposed Rules 9551 through 9559 and conclusive, subject to the Proposed Rule 9521 would add would govern expedited proceedings.63 provisions for review under the Act. certain definitions relating to eligibility Under proposed Rule 9551, The proposed rule is substantially the proceedings that are not currently part Regulatory Staff could issue a written same as provided in current Rule 476(f), of the Exchange’s rules, including notice requiring a member or member other than conforming and technical 64 definitions of ‘‘Application,’’ organization to file communications changes to align it with terms used in with the Exchange’s Advertising the remainder of the proposed Rule ‘‘disqualified member organization,’’ ‘‘disqualified person,’’ and ‘‘sponsoring Regulation Department at least 10 days 9000 Series. prior to use if the staff determined that member organization.’’ Proposed Rule the member or member organization had Under proposed Rule 9310(c), 9521 is the same as NYSE Rule 9521 departed from the standards of Rule notwithstanding the foregoing, if either except that it includes ‘‘ATP Holder’’ in Party upon review applied to the 2210—Equities or Rule 991.65 The subparagraph (a) describing the rule’s Exchange Board of Directors for leave to notice would state the specific grounds purpose and in the definition of adduce additional evidence, and and include the factual basis for the showed to the satisfaction of the ‘‘disqualified member organization’’ in action as well as the effective date. The Exchange Board of Directors that the subparagraph (b)(2). As noted member or member organization could additional evidence was material and previously, the references to ATP file a written request for a hearing with that there were reasonable grounds for Holders in the proposed Rule 9520 the Office of Hearing Officers pursuant failure to adduce it before the Hearing Series relate solely to options members to proposed Rule 9559. A member or Panel or Extended Hearing Panel, the that have employees and not ATP member organization would be required Exchange Board of Directors could Holders without employees or those to set forth with specificity any and all remand the case for further proceedings, associated with an options member defenses to the action in its request for in whatever manner and on whatever organization. a hearing. Pursuant to proposed Rules 8310(a) and 9559(n), a Hearing Officer conditions the Exchange Board of Proposed Rule 9522 would govern the or, if applicable, Hearing Panel, could Directors considered appropriate. The initiation of an eligibility proceeding by approve, modify or withdraw any and proposed rule is substantially the same the Exchange and the obligation for a as provided in current Rule 476(f), other all sanctions or limitations imposed by member organization or covered person the staff’s notice, and impose any other than conforming and technical changes to file an application to initiate an to align it with terms used in the fitting sanction. A member or member eligibility proceeding if it has been organization subject to a pre-use filing remainder of the proposed Rule 9000 subject to certain disqualifications. Series. requirement also could file a written Further, under the proposed rule, request for modification or termination Under proposed Rule 9310(d), FINRA’s Department of Member of the requirement. The Exchange notwithstanding any other provisions of Regulation could approve a written currently uses FINRA Rule 9551 and the proposed Rule 9000 Series, the CEO request for relief from the eligibility 9559, which are the same, to carry out could not require a review by the requirements under certain these procedures. Exchange Board of Directors under this circumstances. Once again, the Proposed Rule 9552 would establish Rule and would be recused from proposed Rule is the same as its NYSE procedures in the event that a member deliberations and actions of the counterpart except for references to organization or covered person failed to Exchange Board of Directors with ‘‘ATP Holder’’ to reflect the Exchange’s provide any information, report, respect to such matters. The proposed membership. material, data, or testimony requested or rule is substantially the same as required to be filed under the Proposed Rule 9523 would allow the provided in current Rule 476(l), other Exchange’s rules, or failed to keep its Department of Member Regulation to than conforming and technical changes membership application or supporting to align it with terms used in the recommend a supervisory plan to which documents current. In the event of the remainder of the proposed Rule 9000 the disqualified member organization, foregoing, under proposed Rule 9552, Series. sponsoring member organization, and/or the member organization or covered disqualified person, as the case may be, Proposed Rules 9500 Through 9527 person could be suspended if corrective may consent and by doing so, waive the action were not taken within 21 days The proposed Rule 9520 Series would right to hearing or appeal if the plan is after service of notice. A member govern eligibility proceedings for accepted and the right to claim bias or organization or covered person served persons subject to statutory prejudgment, or prohibited ex parte with a notice could request a hearing disqualifications that are not FINRA communications. If such a supervisory within the 21-day period. A member members. The Exchange does not plan were rejected, proposed Rule 9524 organization or covered person subject currently have any rules governing this would allow a request for review by the to a suspension could file a written subject matter and proposes to adopt the applicant to the Exchange Board of request for termination of the NYSE Rule 9520 Series.62 The Exchange Directors. Proposed Rule 9524 is the suspension on the ground of full intends for the scope of the proposed same as the NYSE Rule. Proposed Rule compliance. A member organization or Rule 9520 Series to be the same as the 9527 would provide that a filing of an covered person suspended under the application for review would not stay 62 The NYSE Rule 9520 Series was based on the the effectiveness of final action by the 63 Proposed Rule 9553 would be designated FINRA Rule 9520 Series, and the scope of the NYSE Exchange unless the Commission ‘‘Reserved’’ to maintain consistency with NYSE’s Rule 9520 Series was intended to be the same as rule numbering. FINRA Rule 9520 Series. See 2013 Approval Order, otherwise ordered. Proposed Rule 9527 64 See notes 25 and 26, supra. 78 FR at 15399. FINRA has been processing is the same as the NYSE Rule. To 65 Proposed Rule 9551 is the same as NYSE Rule statutory disqualification applications on behalf of maintain consistency with NYSE’s rule 9551 except for the inclusion of references to the Exchange since 2009. See Securities Exchange numbering, proposed Rules 9525 and Exchange rules, and the inclusion of ‘‘member’’ Act Release No. 60409 (July 30, 2009), 74 FR 39353 before ‘‘member organization’’ to reflect the (August 6, 2009) (File No. 4–587). 9526 would be designated ‘‘Reserved.’’ Exchange’s membership.

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proposed rule change that failed to qualification standards or prerequisites Proposed Rule 9557 would allow the request termination of the suspension for access to services offered by the Exchange to issue a notice directing a within three months of issuance of the Exchange. Under proposed Rule 9555, if member or member organization to original notice of suspension would a member organization or covered comply with the provisions of Rule 470 automatically be expelled or barred.66 person did not meet the eligibility or (Capital Requirements for Members and There is no provision for such an qualification standards set forth in the Member Organizations), Rule 471 expedited proceeding under the Exchange’s rules, Exchange staff could (Business Expansion Restrictions and Exchange’s current rules. Under current provide written notice to such member Business Reduction Requirements), Rule Rule 476(a)(11), a member organization organization or covered person stating 4110—Equities (Capital Compliance), or covered person is subject to a regular, that the failure to become eligible or 4120—Equities (Regulatory Notification as opposed to expedited, disciplinary qualified will result in a suspension or and Business Curtailment), or 4130— proceeding for failure to submit books cancellation of membership or a Equities (Regulation of Activities of and records or provide testimony upon suspension or bar from associating with Section 15C Member Organizations request of the Exchange and for failure any member organization or ATP Experiencing Financial and/or to update a Form BD. Proposed Rule Holder. Operational Difficulties) or otherwise 9552 is the same as its NYSE Similarly, if a member organization or directing it to restrict its business counterpart except for references to covered person did not meet the activities. The notice would be ‘‘ATP Holder’’ to reflect the Exchange’s prerequisites for access to services immediately effective, except that a membership. offered by the Exchange or a member or timely request for a hearing would stay Proposed Rule 9554, relating to member organization thereof or could the effective date for 10 business days failures to comply with an arbitration not be permitted to continue to have (unless the Exchange’s CRO determined award or related settlement or an access to services offered by the otherwise) or until an order was issued Exchange order of restitution or Exchange or a member or member by the Office of Hearing Officers, Exchange settlement agreement organization thereof with safety to whichever was earlier. The notice could providing for restitution, would contain investors, creditors, members or similar procedures and consequences as be withdrawn upon a showing that all member organizations, or the Exchange, the requirements were met. Currently, if proposed Rule 9552. Under proposed Exchange staff could provide written Rule 9554, if a member organization or a member organization fails to comply notice to such member organization or with Rule 4110—Equities, 4120— covered person failed to comply with an covered person limiting or prohibiting arbitration award or a settlement Equities, or 4130—Equities (which are access to services offered by the substantially the same as FINRA Rules agreement related to an arbitration or Exchange or a member or member mediation under the Exchange’s rules, 4110, 4120, and 4130), the Exchange organization thereof. The limitation, issues a notice pursuant to FINRA Rule or an Exchange order of restitution or prohibition, suspension, cancellation, or Exchange settlement agreement 9557. Summary suspensions are also bar referenced in the notice would authorized pursuant to Rule 475(b), as providing for restitution, Regulatory become effective 14 days after service of described above, for any equities or Staff could provide written notice to the notice unless the member options member or member organization such member organization or covered organization or covered person that is in such financial or operating person stating that the failure to comply requested a hearing during that time, difficulty that the member or member within 21 days of service of the notice except that the effective date for a notice organization cannot be permitted to will result in a suspension or of a limitation or prohibition on access continue to do business with safety to cancellation of membership or a to services would be upon service of the investors, creditors, other members or suspension from associating with any notice. As described above, under Rule member organizations, or the Exchange. member organization or ATP Holder. 475(a), the Exchange currently may The proposed rule is the same as its Under current Rule 600(c)—Equities prohibit or limit access to services NYSE counterpart except for the and Rule 624 of the Exchange’s offered by the Exchange or any member Arbitration Rules applicable to options or member organization thereof if the inclusion of references to ‘‘member’’ to members, the failure to honor an Exchange has provided 15 days’ prior reflect the Exchange’s membership. arbitration award subjects a member written notice of, and an opportunity to Proposed Rule 9558 would allow the organization, member, or registered be heard upon, the specific grounds for Exchange’s CRO to provide written person to a regular disciplinary such prohibition or limitation, and authorization to Exchange staff to issue proceeding under Rule 476. Proposed provides a written decision. Proposed a written notice for a summary Rule 9554 is also the same as its NYSE Rule 9555 is the same as its NYSE proceeding for an action authorized by counterpart except for references to counterpart except for references to Section 6(d)(3) of the Act. Such notice ‘‘ATP Holder.’’ ‘‘member’’ and ‘‘ATP Holder’’ as would be immediately effective. Such Proposed Rule 9555 would govern the appropriate to reflect the Exchange’s summary proceedings are currently failure to meet the eligibility or membership. authorized under Rule 475(b), under Proposed Rule 9556 would provide which the Exchange has authority to 66 The Exchange believes that the provision for summarily suspend a member automatic expulsion or bar after three months is procedures and consequences for a consistent with Section 6 of the Act because the failure to comply with temporary and organization that is expelled or respondent would have ample notice and permanent cease and desist orders, suspended by another SRO or a covered opportunity to be heard under proposed Rule 9552, which would be authorized by proposed person that is barred or suspended by an the proposed rule is substantially the same as SRO or limit or prohibit any person FINRA’s counterpart rule, and the Commission has Rule 9810. The Exchange currently does upheld at least one bar under a prior version of not issue temporary or permanent cease with respect to access to Exchange FINRA’s rule. See, e.g., Dennis A. Pearson, Jr., and desist orders and, as such, there is services in certain circumstances; while Securities Exchange Act Rel. Nos. 54913 (December no counterpart in the Exchange’s this rule also provides for notice and an 11, 2006) (dismissing application for review by current rules. The proposed rule is the opportunity for a hearing, it does not set associated person barred under NASD Rule 9552(h)) & 55597A (April 6, 2007) (denying motion for same as its NYSE counterpart except for forth a specific time limit for requesting reconsideration). references to ‘‘ATP Holder.’’ a hearing. The proposed rule is the same

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as its NYSE counterpart except for do not set forth specific procedures. Under proposed Rule 9830, the references to ‘‘ATP Holder.’’ Current Rules 2210—Equities and hearing would be held not later than 15 Proposed Rule 9559 would set forth 4360—Equities reference FINRA’s days after service of the notice and filing uniform hearing procedures for all exemptive process; these rules would be initiating the temporary cease and desist expedited proceedings under the amended to delete the reference to the proceeding, unless otherwise extended proposed Rule 9550 Series. Currently, FINRA Rule 9600 Series as the by the Hearing Officer with the consent the Exchange does not have a rule Exchange would now have its own such of the Parties for good cause shown. comparable to FINRA Rule 9559. The provisions. Proposed Rule 9830 would govern how proposed rule is the same as its NYSE The proposed Rule 9600 Series is the the hearing was conducted. counterpart except for references to same as the NYSE Rule 9600 Series, Under proposed Rule 9840, the ‘‘ATP Holder.’’ except for the list of rules providing Hearing Panel would be authorized to issue a written decision stating whether Proposed Rule 9600 Series exemptive relief and references to ‘‘member’’ and ‘‘ATP Holder’’ to reflect a temporary cease and desist order The Exchange proposes to adopt a the Exchange’s membership. would be imposed. The Hearing Panel new Rule 9600 Series, which would set would be required to issue the decision forth procedures by which a member or Proposed Rule 9700 Series not later than 10 days after receipt of the member organization could seek The Rule 9700 Series would be hearing transcript, unless otherwise exemptive relief from current Rule marked ‘‘Reserved’’ to maintain extended by the Hearing Officer with 341.05 of Section 4 of the Office Rules consistency with NYSE’s rule the consent of the Parties for good cause and Rule 345.15—Equities (examination numbering conventions. In adopting shown. Under proposed Rule 9850, at requirements); Rule 2210—Equities FINRA’s Rule 9000 Series in 2013, the any time after the Office of Hearing (communications with the public pre- NYSE did not adopt FINRA’s Rule 9700 Officers served the respondent with a filing requirements); Rule 3170— Series, which provides redress for temporary cease and desist order, a Equities (tape recording of registered persons aggrieved by the operations of Party could apply to the Hearing Panel persons by certain firms); Rule 4311— any automated quotation, execution, or to have the order modified, set aside, Equities (carrying agreements); Rule communication system owned or limited, or suspended. The Hearing 4360—Equities (fidelity bonds); and operated by FINRA, as inapplicable to Panel generally would be required to proposed Rule 8211 (submission of the NYSE. For the same reasons, the respond to the request in writing within electronic trading data). Under proposed Exchange does not propose to adopt the 10 days after receipt of the request. Rule 9610, a member or member FINRA Rule 9700 Series. The Exchange Proposed Rule 9860 would authorize organization seeking exemptive relief notes that under current Rule 18— the initiation of a suspension or would be required to file a written Equities, if a member organization cancellation of a respondent’s application with the appropriate suffers a loss related to an Exchange association or membership under department or staff of the Exchange and system failure, it can submit a claim proposed Rule 9556 if the respondent provide a copy of the application to the pursuant to the procedures of that violated a temporary cease and desist CRO. Under proposed Rule 9620, after rule.67 ATP Holders can submit similar order. considering the application, Exchange claims for damages arising out of the use Finally, proposed Rule 9870 would staff would be required to issue a of the NYSE Amex Options trading provide that temporary cease and desist written decision setting forth its platform under Rule 905NY, subject to orders issued under the proposed Rule findings and conclusions. The decision the limitations set forth in that rule. 9800 Series would constitute final and would be served on the Applicant immediately effective disciplinary pursuant to proposed Rules 9132 and Proposed Rule 9800 Series sanctions imposed by the Exchange, and 9134. Under proposed Rule 9630, an The Exchange proposes to adopt a that the right to have any action under Applicant that wished to appeal the new Rule 9800 Series to set forth this rule series reviewed by the decision would be required to file a procedures for issuing temporary cease Commission would be governed by written notice of appeal with the and desist orders. The Exchange does Section 19 of the Act. The filing of an Exchange’s CRO within 15 calendar not currently have a comparable rule. application for review would not stay days after service of the decision. Under Under proposed Rule 9810, with the the effectiveness of the temporary cease proposed Rule 9630(e), the CRO would prior written authorization of the and desist order, unless the Commission affirm, modify, or reverse the decision Exchange’s CRO or such other senior otherwise ordered.68 issued under proposed Rule 9620 and officers as the CRO may designate, The proposed Rule 9800 Series is the issue a written decision setting forth his Enforcement could initiate a temporary same as the NYSE Rule 9800 Series, or her findings and conclusions and cease and desist proceeding with 68 serve the decision on the Applicant. The respect to alleged violations of Section FINRA recently amended its Rule 9800 Series decision would be served pursuant to to lower the evidentiary standard for finding a 10(b) of the Act, SEC Rules 10b–5 and violation to ‘‘a showing of likelihood of success on proposed Rules 9132 and 9134, would 15g–1 through 15g–9, Rule 476(a)(6) or the merits.’’ FINRA also amended Rule Series 9100, be effective upon service, and would Rule 2010—Equities (if the alleged 9200, 9300, and 9550 to adopt a new expedited constitute final action of the Exchange. proceeding for failure to comply with a temporary violation is unauthorized trading, or cease and desist order or a permanent cease and Currently, Rule 410A(d)—Equities misuse or conversion of customer assets, permits a member or member desist order; to harmonize the provisions governing or is based on violations of Section 17(a) how documents are served in temporary cease and organization to seek an exception from of the Securities Act of 1933) or Rule desist proceedings and related expedited proceedings; to clarify the process for issuing the data format elements for submitting 476(a)(5) or Rule 2020—Equities. electronic trading data for transactions permanent cease and desist orders; to ease FINRA’s Proposed Rule 9820 would govern the administrative burden in temporary cease and effected on the Exchange, but the Rule appointment of a Hearing Officer and desist proceedings; and to make conforming does not set forth specific procedures Panelists. changes. See Securities Exchange Act Release No. for doing so. Similarly, current Rule 75629 (Aug. 6, 2015), 80 FR 48379 (August 12, 345.15—Equities and Rule 341.05 of 2015) (SR–FINRA–2015–019). The Exchange is not 67 The NYSE referenced its counterpart rule, proposing to incorporate similar amendments into Section 4 of the Office Rules and Rule NYSE Rule 18, in the 2013 NYSE Disciplinary Rule its proposed Rule Series 9100, 9200, 9300, 9550, 4311—Equities permit exemptions but Filing. See 2013 Approval Order, 78 FR at 15400. and 9800 at this time.

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except that proposed Rule 9810(a) would be amended to reference the Series, Rule 2210—Equities would be references violations of Exchange rules Chief Hearing Officer as defined in amended to revise the cross-references rather than violations of similar NYSE proposed Rule 9120, and delete the to ‘‘FINRA,’’ ‘‘FINRA Rules 9551 and rules. reference to a Chief Hearing Officer 9559,’’ and the ‘‘FINRA Rule 9600 designated under legacy Rule 476(b). Series.’’ These cross-references were Technical and Conforming Changes The text of Rule 309—Equities would adopted as part of a prior harmonization The Exchange proposes the following be deleted and the rule marked of Rule 2210—Equities with FINRA’s technical and conforming changes. ‘‘Reserved’’ because new Rule 41 would rules and would be obsolete.70 replace it, as described above. General Rules Rule 3170—Equities, concerning tape Rule 345A—Equities would be recording of registered persons by Rule 0 in the Definitions under the amended to delete a reference to certain firms, would be amended to add General and Floor Rules would be recently deleted Rule 346(f)—Equities a reference to the proposed Rule 9600 amended so that it correctly cross- and replace it with a reference to Rule Series, pursuant to which exemptive references the current and proposed 342(e) of the Office Rules.69 relief may be sought. disciplinary rule sets. Rule 410A—Equities, concerning Rules 4110—Equities, 4120—Equities, Rule 31 of the General Rules and electronic trading data, would be and 4130—Equities would be amended Supplementary Material .01 would be deleted as described above. to revise a cross-reference to FINRA deleted. This rule contains text that Rule 600—Equities would be Rule 9557 as the Exchange proposes to concerns requests for books and records amended to include references to the adopt Rule 9557. Rule 4110—Equities and testimony that is duplicative of disciplinary proceedings of the would also be corrected to add the current Rule 476(a)(11) and proposed proposed Rule 8000 Series and Rule missing paragraph designation for Rule 8210. Supplementary Material .02 9000 Series for failure to honor an paragraph (e) of the rule. relating to regulatory cooperation is not arbitration award. Rule 4360—Equities would be duplicative of proposed Rule 8210(b) As the Exchange proposes to adopt amended to provide that any request for and would be retained. Rule 31 would Rules 9551 and 9559 and the Rule 9600 an exemption would be processed under be renamed ‘‘Regulatory Cooperation.’’ the proposed Rule 9600 Series rather 69 Rule 346(f)—Equities provided that unless Rule 40 of the General Rules, which than FINRA rules. concerns denial of an ATP, would be otherwise permitted by the Exchange, no member, member organization, approved person, employee deleted. It is a legacy rule that is or any person directly or indirectly controlling, Options Rules duplicative of current Rule 475 and controlled by or under common control with a Rules 972, 902NY, 921NY, 923NY, would be covered by proposed Rule member or member organization shall have 927.1NY, 927.2NY, 931NY, 955NY and 9558. associated with him or it any person who is known, or in the exercise of reasonable care should be 957NY contain cross-references to the Contracts in Securities Rules known, to be subject to any ‘‘statutory current disciplinary rules. disqualification’’ defined in Section 3(a)(39) of the Corresponding references to the Rule 781, which concerns insolvency, Exchange Act. See 15 U.S.C. 78c(a)(39). Rule 346— Equities was based on NYSE Rule 346 proposed disciplinary rules would be cross-references current Rule 475, so a added. cross-reference to proposed Rule 9558 (Limitations—Employment and Association with Members and Member Organizations). FINRA Rule 991 would be amended to revise would be added. deleted Incorporated NYSE Rule 346 in 2010 after cross-references to FINRA Rules 9551 Equities Rules Rule 0—Equities and adopting NASD Rule 3030 (Outside Business and 9559 as the Exchange proposes to Rule 500—Equities would be amended Activities of an Associated Person) as FINRA Rule adopt Rules 9551 and 9559.71 so that they correctly cross-reference the 3270 (Outside Business Activities of Registered Persons). See Securities Exchange Act Release No. Finally, as noted above, Rule current and proposed disciplinary rule 62762 (August 23, 2010), 75 FR 53362 (August 31, 956.1NY, which concerns electronic sets. 2010) (order approving SR–FINRA–2009–042). trading data, would be deleted and Rule 2A—Equities would be amended FINRA deleted NYSE Rule 346(f) as redundant to specify that the list of disciplinary given that FINRA had amended its definition of marked ‘‘Reserved.’’ disqualification in its By-Laws to align with the sanctions currently set forth in that rule Exchange Act definition, thereby incorporating Certain Current Exchange Rules Not would apply to proceedings under additional categories of statutory disqualification, Included in Proposed Rule Text current Rules 475 and 476, and the list including certain affiliated relationships. See id., 75 Certain aspects of current Exchange of disciplinary sanctions set forth in FR at 53363. rules described above would not be proposed Rule 8310(a) would apply to The Exchange deleted Rule 346(f)—Equities in its entirety and adopted a new Rule 3270—Equities included in the proposed Rule 8000– proceedings initiated under the (Outside Business Activities of Registered Persons), 9000 Series, because either the proposed Rule 9000 Series. to correspond with rule changes filed by FINRA. Exchange does not believe they are Rule 36—Equities would be amended See Securities Exchange Act Release No. 64130 necessary or the authority is implicit in to include a reference to proposed Rule (March 28, 2011), 76 FR 18283 (April 1, 2011) (SR– NYSEAmex–2011–17). Rule 3270—Equities, the proposed rule change. 9558, which relates to summary however, does not contain a provision comparable First, under current Rule 475(f), any proceedings for actions authorized by to Rule 346(f)—Equities and in fact makes no person suspended under Rule 475 may, Section 6(d)(3) of the Act. mention of statutory disqualification. The Rule 103B—Equities, which sets forth comparable provision to Rule 346(f)—Equities in at any time, be reinstated by the the Exchange’s rules can be found in Rule 342(e) Exchange Board of Directors. The certain security allocation and of the Office Rules, which provides that no member, reallocation procedures when a Exchange does not believe that it would member organization, allied member, approved continue to be appropriate for the Designated Market Maker unit loses its person, employee, or any person directly or registration in a specialty stock due to indirectly controlling, controlled by or under Exchange Board of Directors to have the common control with a member or member authority to overturn a suspension disciplinary proceedings, would be organization shall have associated with him or it amended to include references to the imposed by another Adjudicator in light any person who is known, or in the exercise of of the detailed procedural rules, proposed Rule 8000 Series and Rule reasonable care should be known, to be subject to 9000 Series. any ‘‘statutory disqualification’’ defined in Section 3(a)(39) of the Exchange Act. The Exchange 70 See Securities Exchange Act Release No. 70963 Rule 308—Equities, which sets forth accordingly proposes to replace the reference to (November 29, 2013), 78 FR 73223 (December 5, procedures for member and member Rule 346(f)—Equities in Rule 345A—Equities with 2013) (SR–NYSEMKT–2013–95). organization acceptability proceedings, a reference to Rule 342(e). 71 See id.

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comprehensive protections to provides fair procedures for the disciplinary matters both before and respondents, and continued availability disciplining of members and persons after the issuance of a complaint are fair of the Exchange’s appeals process under associated with members,75 the denial and reasonable. While such proposed the proposed rule change. of membership to any person seeking rules differ both from certain aspects of Second, under current Rules 475(g) membership therein, the barring of any the Exchange’s current Stipulation and and 476(k), any person suspended person from becoming associated with a Consent process and FINRA’s current under such rules may be disciplined in member thereof, and the prohibition or settlement processes, the Exchange accordance with the Exchange’s rules limitation by the Exchange of any believes that the proposed rule change for any offense committed before or after person with respect to access to services nonetheless provides adequate the suspension. The Exchange believes offered by the Exchange or a member procedural protections to all parties and that such authority is implicit in thereof. promotes efficiency. proposed Rule 9211 and need not be The proposed changes will provide The Exchange would retain its list of expressed in the proposed rule change. greater harmonization between Under current Rules 475(h) and 476(j) minor rule violations, which have Exchange, NYSE, and FINRA rules of already been approved by the and (k), a suspended person is deprived similar purpose, resulting in less 76 during the term of the suspension of all Commission, with certain technical burdensome and more efficient and conforming amendments, while rights and privileges of membership, regulatory compliance for common and any suspension of a member or adopting NYSE’s and FINRA’s process members. As previously noted, the for imposing minor rule violation fines, principal executive creates a vacancy in proposed rule text is substantially the any office or position held by such which also have already been approved same as the NYSE’s rule text. The by the Commission.77 member or principal executive. The proposed rule change will enhance the Exchange believes that this is implicit in Exchange’s ability to have a direct and Finally, the Exchange believes that its the concept of a suspension and need meaningful impact on the end-to-end proposed transition plan would allow not be expressed in the proposed rule quality of its regulatory program, from for a more orderly and less burdensome change. detection and investigation of potential transition for the Exchange’s members Under current Rule 476(i), a member violations through the efficient and member organizations. The or principal executive of the Exchange initiation and completion of proposed delayed implementation of the who is associated with a member disciplinary measures where new rule set would provide a clear organization is liable to the same appropriate. As such, the proposed rule demarcation between matters that discipline and penalties for any act or change would foster cooperation and would proceed under the new rules and omission of such member organization coordination with persons engaged in those that would be completed under as for the member or principal facilitating transactions in securities and the legacy rules. executive’s own personal act or would remove impediments to and omission. The Hearing Panel that B. Self-Regulatory Organization’s perfect the mechanism of a free and Statement on Burden on Competition considers the charges may relieve him open market and a national market from the penalty therefor or may adjust system. The Exchange does not believe that the penalty on such terms and Certain key aspects of the Exchange’s the proposed rule change will impose conditions as the Hearing Panel or the disciplinary proceedings would be any burden on competition that is not Exchange Board of Directors deems fair retained. In particular, the Exchange necessary or appropriate in furtherance and equitable. The Exchange believes would retain its current selection of the purposes of the Act. The that this authority is contained in the process for Hearing Panelists. The proposed rule change is not intended to proposed rule change because Exchange believes that it is necessary to address competitive issues, but rather it complaints may be brought against both do so in order to provide a fair is designed to (i) provide greater member organizations and covered procedure to its member organizations harmonization among Exchange, NYSE, persons and are subject to review by the and covered persons, some of which are and FINRA rules of similar purpose for Hearing Panel and the Exchange Board not subject to NYSE or FINRA investigations and disciplinary matters; of Directors. jurisdiction. As such, the Exchange’s and (ii) enhance the quality of the 2. Statutory Basis Hearing Panelists cannot be drawn Exchange’s regulatory program, from solely from a pool of NYSE or FINRA detection of violations through The Exchange believes that the members and associated persons but disciplinary actions, resulting in less proposed rule change is consistent with rather must include NYSE MKT-only burdensome and more efficient Section 6(b) of the Act,72 in general, and member organizations and persons with regulatory compliance and facilitating furthers the objectives of Section 6(b)(5) 73 experience in NYSE MKT Floor matters performance of regulatory functions. of the Act, in particular, because it is in order for the Exchange’s members to designed to promote just and equitable have a fair representation in its affairs. C. Self-Regulatory Organization’s principles of trade, to foster cooperation For the same reasons, the Exchange also Statement on Comments on the and coordination with persons engaged believes that its Board of Directors Proposed Rule Change Received From in facilitating transactions in securities, remains the appropriate body for Members, Participants, or Others and to remove impediments to and appeals or reviews of initial disciplinary No written comments were solicited perfect the mechanism of a free and decisions because its Board of Directors open market and a national market or received with respect to the proposed includes fair representation candidates rule change. system. In addition, the Exchange from its membership. believes that the proposed rule change The Exchange further believes that the 76 The most recent amendments to the Exchange’s furthers the objectives of Section 6(b)(7) proposed processes for settling of the Act,74 in particular, in that it minor rule violation plan were approved in Securities Exchange Act Release No. 66809 (April 75 Under the Exchange’s equities rules, the 13, 2012), 77 FR 23532 (April 19, 2012) (SR– 72 15 U.S.C. 78f(b). equivalent to the term ‘‘member’’ in this context is NYSEAmex–2012–10). 73 15 U.S.C. 78f(b)(5). ‘‘member organization.’’ See notes 25–26, supra, 77 See NYSE Rule 9216(b) and FINRA Rule 74 15 U.S.C. 78f(b)(7). and accompanying text. 9216(b).

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III. Date of Effectiveness of the rules/sro.shtml). Copies of the Exchange under Section 19(b)(3)(A)(ii) Proposed Rule Change and Timing for submission, all subsequent of the Act 3 and Rule 19b–4(f)(2) Commission Action amendments, all written statements thereunder,4 which renders the Because the proposed rule change with respect to the proposed rule proposed rule change effective upon does not (i) significantly affect the change that are filed with the filing with the Commission. The protection of investors or the public Commission, and all written Commission is publishing this notice to interest; (ii) impose any significant communications relating to the solicit comments on the proposed rule burden on competition; and (iii) become proposed rule change between the change from interested persons. Commission and any person, other than operative for 30 days after the date of I. Self-Regulatory Organization’s the filing, or such shorter time as the those that may be withheld from the public in accordance with the Statement of the Terms of Substance of Commission may designate, it has the Proposed Rule Change become effective pursuant to Section provisions of 5 U.S.C. 552, will be The Exchange filed a proposal to 19(b)(3)(A) of the Act 78 and Rule 19b– available for Web site viewing and 79 printing in the Commission’s Public amend the fee schedule applicable to 4(f)(6) thereunder. 5 At any time within 60 days of the Reference Room, 100 F Street NE., Members and non-members of the filing of the proposed rule change, the Washington, DC 20549 on official Exchange pursuant to EDGX Rules Commission summarily may business days between the hours of 15.1(a) and (c) (‘‘Fee Schedule’’). temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such The text of the proposed rule change it appears to the Commission that such filing also will be available for is available at the Exchange’s Web site action is necessary or appropriate in the inspection and copying at the principal at www.batstrading.com, at the public interest, for the protection of office of the Exchange. All comments principal office of the Exchange, and at received will be posted without change; investors, or otherwise in furtherance of the Commission’s Public Reference the Commission does not edit personal the purposes of the Act. If the Room. identifying information from Commission takes such action, the submissions. You should submit only II. Self-Regulatory Organization’s Commission shall institute proceedings information that you wish to make Statement of the Purpose of, and to determine whether the proposed rule available publicly. All submissions Statutory Basis for, the Proposed Rule change should be approved or should refer to File No. SR–NYSEMKT– Change disapproved. 2016–30, and should be submitted on or In its filing with the Commission, the IV. Solicitation of Comments before March 24, 2016. Exchange included statements Interested persons are invited to For the Commission, by the Division of concerning the purpose of and basis for submit written data, views, and Trading and Markets, pursuant to delegated the proposed rule change and discussed arguments concerning the foregoing, authority.80 any comments it received on the including whether the proposed rule Robert W. Errett, proposed rule change. The text of these change is consistent with the Act. Deputy Secretary. statements may be examined at the Comments may be submitted by any of [FR Doc. 2016–04633 Filed 3–2–16; 8:45 am] places specified in Item IV below. The Exchange has prepared summaries, set the following methods: BILLING CODE 8011–01–P forth in Sections A, B, and C below, of Electronic Comments the most significant parts of such • Use the Commission’s Internet SECURITIES AND EXCHANGE statements. comment form (http://www.sec.gov/ COMMISSION (A) Self-Regulatory Organization’s rules/sro.shtml); or • [Release No. 34–77242; File No. SR–EDGX– Statement of the Purpose of, and Send an email to rule-comments@ 2016–12] Statutory Basis for, the Proposed Rule sec.gov. Please include File No. SR– Change NYSEMKT–2016–30 on the subject line. Self-Regulatory Organizations; EDGX 1. Purpose Paper Comments Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed • The Exchange’s current approach to Send paper comments in triplicate Rule Change Related to Fees as They routing fees is to set forth in a simple to Secretary, Securities and Exchange Apply to the Equity Options Platform manner certain sub-categories of fees Commission, 100 F Street NE., that approximate the cost of routing to February 26, 2016. Washington, DC 20549–1090. other options exchanges based on the Pursuant to Section 19(b)(1) of the All submissions should refer to File No. cost of transaction fees assessed by each Securities Exchange Act of 1934 (the SR–NYSEMKT–2016–30. This file venue as well as costs to the Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2 number should be included on the for routing (i.e., clearing fees, notice is hereby given that on February subject line if email is used. To help the connectivity and other infrastructure 18, 2016, EDGX Exchange, Inc. (the Commission process and review your costs, membership fees, etc.) ‘‘Exchange’’ or ‘‘EDGX’’) filed with the comments more efficiently, please use (collectively, ‘‘Routing Costs’’). The only one method. The Commission will Securities and Exchange Commission (‘‘Commission’’) the proposed rule Exchange then monitors the fees post all comments on the Commission’s charged as compared to the costs of its Internet Web site (http://www.sec.gov/ change as described in Items I, II and III below, which Items have been prepared routing services and adjusts its routing fees and/or sub-categories to ensure that 78 by the Exchange. The Exchange has 15 U.S.C. 78s(b)(3)(A). the Exchange’s fees do indeed result in 79 17 CFR 240.19b–4(f)(6). As required under Rule designated the proposed rule change as 19b–4(f)(6)(iii), the Exchange provided the one establishing or changing a member 3 Commission with written notice of its intent to file due, fee, or other charge imposed by the 15 U.S.C. 78s(b)(3)(A)(ii). the proposed rule change, along with a brief 4 17 CFR 240.19b–4(f)(2). description and the text of the proposed rule 5 The term ‘‘Member’’ is defined as ‘‘any change, at least five business days prior to the date 80 17 CFR 200.30–3(a)(12). registered broker or dealer that has been admitted of filing of the proposed rule change, or such 1 15 U.S.C. 78s(b)(1). to membership in the Exchange.’’ See Exchange shorter time as designated by the Commission. 2 17 CFR 240.19b–4. Rule 1.5(n).

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a rough approximation of overall routing to other options exchanges, (C) Self-Regulatory Organization’s Routing Costs, and are not significantly including other applicable costs to the Statement on Comments on the higher or lower in any area. The Exchange for routing. While the Proposed Rule Change Received From Exchange proposes to adopt a routing proposed fee for fee code YC is higher Members, Participants or Others fee in connection with the launch of the than the fees charged by ISE Mercury, The Exchange has not solicited, and new options exchange, ISE Mercury, the Exchange believes it is reasonable as does not intend to solicit, comments on LLC (‘‘ISE Mercury’’) consistent with it takes into account Routing Costs this proposed rule change. The this approach. based on the highest rate charged by ISE Exchange has not received any The Exchange proposes to adopt fee Mercury. The Exchange believes that a unsolicited written comments from code YC which would be appended to pricing model based on approximate Members or other interested parties. orders routed to ISE Mercury beginning February 16, 2016, which is the same Routing Costs is a reasonable, fair and III. Date of Effectiveness of the date that ISE Mercury initiated trading.6 equitable approach to pricing. Proposed Rule Change and Timing for Orders that yield fee code YC would be Specifically, the Exchange believes that Commission Action its proposal to adopt routing fees to ISE charged a fee of $0.99 per contract. The foregoing rule change has become Mercury is fair, equitable and Proposed fee code YC would be applied effective pursuant to Section 19(b)(3)(A) to all orders routed to ISE Mercury reasonable because the fees are of the Act 12 and paragraph (f) of Rule regardless of the capacity of the order 7 generally an approximation of the 19b–4 thereunder.13 At any time within or whether the order is in a Penny Pilot anticipated cost to the Exchange for 60 days of the filing of the proposed rule Security 8 or not. routing orders to ISE Mercury. The change, the Commission summarily may The Exchange anticipates that the Exchange notes that routing through the temporarily suspend such rule change if proposed fee structure will approximate Exchange is voluntary. The Exchange it appears to the Commission that such the cost of routing orders to ISE also believes that the proposed fee action is necessary or appropriate in the Mercury. The Exchange also notes that structure for orders routed to and public interest, for the protection of the proposed fee for fee code YC is executed at ISE Mercury is fair and investors, or otherwise in furtherance of higher than the fees charged by ISE equitable and not unreasonably the purposes of the Act. Mercury and is designed to approximate discriminatory in that it applies equally Routing Costs based on the highest rate IV. Solicitation of Comments to all Members. ISE Mercury charges.9 As it has done Interested persons are invited to historically in connection with the fee (B) Self-Regulatory Organization’s submit written data, views, and structure for routing to other options Statement on Burden on Competition arguments concerning the foregoing, exchanges, the Exchange is proposing including whether the proposed rule the charge set forth above to maintain a These proposed rule changes do not change is consistent with the Act. simple Fee Schedule with respect to impose any burden on competition that Comments may be submitted by any of routing fees that approximates the total is not necessary or appropriate in the following methods: cost of routing, including Routing Costs. furtherance of the purposes of the Act. Electronic Comments 2. Statutory Basis The Exchange does not believe that any of these changes represent a significant • Use the Commission’s Internet The Exchange believes that the departure from previous pricing offered comment form (http://www.sec.gov/ proposed rule change is consistent with by the Exchange or pricing offered by rules/sro.shtml); or 10 • the objectives of Section 6 of the Act, the Exchange’s competitors. Send an email to rule-comments@ in general, and furthers the objectives of Additionally, Members may opt to sec.gov. Please include File Number SR– Section 6(b)(4),11 in particular, as it is disfavor the Exchange’s pricing if they EDGX–2016–12 on the subject line. designed to provide for the equitable allocation of reasonable dues, fees and believe that alternatives offer them Paper Comments other charges among its Members and better value. Accordingly, the Exchange • Send paper comments in triplicate other persons using its facilities. As does not believe that the proposed to Secretary, Securities and Exchange explained above, the Exchange generally changes will impair the ability of Commission, 100 F Street NE., attempts to approximate the cost of Members or competing venues to Washington, DC 20549–1090. maintain their competitive standing in All submissions should refer to File 6 See SEC Approves ISE’s Form 1 Application for the financial markets. The Exchange Number SR–EDGX–2016–12. This file Third Options Exchange, dated February 1, 2016, does not believe that its proposed available at http://www.ise.com/press-room/press- number should be included on the releases/2016/february/ise-mercury-to-launch-on- pricing for routing to ISE Mercury subject line if email is used. To help the february-16-2016/. The Exchange initially filed the burdens competition, as such rates are Commission process and review your proposed fee change on February 16, 2016 (SR– intended to approximate the cost of comments more efficiently, please use EDGX–2016–11). On February 18, 2016, the routing to ISE Mercury. The Exchange Exchange withdrew that filing and submitted this only one method. The Commission will filing. notes that it operates in a highly post all comments on the Commission’s 7 Order capacities include Customer, Professional, competitive market in which market Internet Web site (http://www.sec.gov/ Firm, Broker-Dealer, Joint Back Office, Market participants can readily direct order rules/sro.shtml). Copies of the Maker, and Non-BATS Market Maker. As defined in submission, all subsequent the Exchange’s Fee Schedule. flow to competing venues if they deem 8 As defined in the Exchange’s Fee Schedule. fee levels to be excessive or providers of amendments, all written statements 9 ISE Mercury’s standard rates range from a rebate routing services if they deem routing fee with respect to the proposed rule of $0.18 to a fee of $0.90 per contract. See ISE levels to be excessive. The Exchange change that are filed with the Mercury Fee Notice dated February 5, 2016 believes that its proposal would not Commission, and all written available at http://www.ise.com/assets/mercury/ communications relating to the documents/OptionsExchange/legal/fee/2016/ burden intramarket competition because ISE%20Mercury the proposed rate would apply proposed rule change between the %20Fee%20Announcement$20160205.pdf. uniformly to all Members. 10 15 U.S.C. 78f. 12 15 U.S.C. 78s(b)(3)(A). 11 15 U.S.C. 78f(b)(4). 13 17 CFR 240.19b–4(f).

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Commission and any person, other than SECURITIES AND EXCHANGE Media/Contra fee cap under FINRA Rule those that may be withheld from the COMMISSION 7620A (FINRA/Nasdaq Trade Reporting public in accordance with the [Release No. 34–77243; File No. SR–FINRA– Facility Reporting Fees). provisions of 5 U.S.C. 552, will be 2016–009] Below is the text of the proposed rule available for Web site viewing and change. Proposed new language is in printing in the Commission’s Public Self-Regulatory Organizations; italics; proposed deletions are in Reference Room, 100 F Street NE., Financial Industry Regulatory brackets. Washington, DC 20549, on official Authority, Inc.; Notice of Filing and * * * * * business days between the hours of Immediate Effectiveness of a Proposed 10:00 a.m. and 3:00 p.m. Copies of such Rule Change To Amend FINRA Rule 7000. CLEARING, TRANSACTION AND filing will also be available for 7620A (FINRA/Nasdaq Trade Reporting ORDER DATA REQUIREMENTS, AND inspection and copying at the principal Facility Reporting Fees) FACILITY CHARGES office of the Exchange. All comments February 26, 2016. * * * * * received will be posted without change; Pursuant to Section 19(b)(1) of the the Commission does not edit personal Securities Exchange Act of 1934 7600. DATA PRODUCTS AND identifying information from (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 CHARGES FOR TRADE REPORTING submissions. You should submit only notice is hereby given that on February FACILITY SERVICES information that you wish to make 23, 2016, Financial Industry Regulatory 7600A. DATA PRODUCTS AND available publicly. All submissions Authority, Inc. (‘‘FINRA’’) filed with the CHARGES FOR FINRA/NASDAQ Securities and Exchange Commission should refer to File Number SR–EDGX– TRADE REPORTING FACILITY (‘‘SEC’’ or ‘‘Commission’’) the proposed 2016–12 and should be submitted on or SERVICES before March 24, 2016. rule change as described in Items I, II, and III below, which Items have been * * * * * For the Commission, by the Division of prepared by FINRA. FINRA has Trading and Markets, pursuant to delegated 7620A. FINRA/Nasdaq Trade Reporting 14 designated the proposed rule change as authority. ‘‘establishing or changing a due, fee or Facility Reporting Fees Robert W. Errett, other charge’’ under Section The following charges shall be paid Deputy Secretary. 19(b)(3)(A)(ii) of the Act 3 and Rule 19b– by participants for use of the FINRA/ 4(f)(2) thereunder,4 which renders the [FR Doc. 2016–04634 Filed 3–2–16; 8:45 am] Nasdaq Trade Reporting Facility. In the BILLING CODE 8011–01–P proposal effective upon receipt of this filing by the Commission. The case of trades where the same market Commission is publishing this notice to participant is on both sides of a trade solicit comments on the proposed rule report, applicable fees assessed on a change from interested persons. ‘‘per side’’ basis will be assessed once, rather than twice, and the market I. Self-Regulatory Organization’s participant will be assessed applicable Statement of the Terms of the Substance Non-Comparison/Accept (Non-Match/ of the Proposed Rule Change Compare) Charges as the Executing FINRA is proposing to adjust one of Party side only. the thresholds required to qualify for the

Non-Comparison/Accept (Non-Match/Compare) Charges

Tape: Daily Average Number of Media/Executing Party Trades During the Month Needed to Qualify for Cap: A ...... 2500. B ...... 2500. C ...... 2500.

Media/Executing Party

Monthly Charge: Maximum Monthly Charge if Capped: ($0.018) × (Number of Media/Executing Party Reports During the ($0.018) × (Required Daily Average Number of Media/EP Trades Month). for Tape A, B or C) × (Number of Trading Days During the Month).

Non-Media/Executing Party

Monthly Charge: Maximum Monthly Charge if Capped: ($0.018) × (Number of Non-Media/Executing Party Reports During ($0.018) × 2500 for Tape A, B or C × (Number of Trading Days the Month). During the Month).

Media/Contra

Monthly Charge: Maximum Monthly Charge if Capped: ($0.013) × (Number of Media/Contra Reports During the Month) .... ($0.013) × 2500 for Tape A, B or C × (Number of Trading Days During the Month).

14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(ii).

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Media/Contra Cap

Participants making markets in alternative trading systems registered pursuant to Regulation ATS will qualify for a fee cap applied to all trades under Rule 7620A if they meet the following criteria on a monthly basis: • Participant’s percentage of contra media trades must represent at least [5]35% of their total [TRF] FINRA/Nasdaq Trade Reporting Facil- ity volume. • Participant must be contra to a minimum of 1,000,000 trades in Tape A, 500,000 trades in Tape C and 250,000 trades in Tape B. • Participant must complete an attestation form stating that they maintain a two-sided quote in each symbol traded on an alternative trading system registered pursuant to Regulation ATS and display a quotation size of at least one normal unit of trading (specific for each security) thereon. Participants will be audited by Nasdaq, Inc. periodically.

Maximum Monthly Charge if Capped ...... $5,000 per Tape (A, B or C).

Non-Media/Contra

Monthly Charge: Maximum Monthly Charge if Capped: ($0.013) × (Number of Non-Media/Contra Reports During the ($0.013) × 2500 for Tape A, B or C x (Number of Trading Days During Month). the Month). Standard Fees: Clearing report to transfer a transaction fee charged by one mem- $0.03/side. ber to another member pursuant to Rule 7230A(h). Comparison/Accept ...... $0.0144/side per 100 shares (minimum 400 shares; maximum 7,500 shares). Late Report—T+N ...... $0.288/trade (charged to the Executing Party). Query ...... $0.50/query. Corrective Transaction Charge ...... $0.25/Cancel, Error, Inhibit, Kill, or ‘No’ portion of No/Was transaction, paid by reporting side; $0.25/Break, Decline transaction, paid by each party.

•••Supplementary Material: lll Confirmation Transaction (‘‘ACT’’) Pursuant to Rule 7620A, FINRA .01 through .02 No Change. Service technology. In connection with members are charged fees for ‘‘Non- the establishment of the FINRA/Nasdaq Comparison/Accept (Non-Match/ * * * * * TRF, FINRA and NASDAQ entered into Compare)’’ trades. Such trades are II. Self-Regulatory Organization’s a limited liability company agreement defined as transactions that are not Statement of the Purpose of, and (the ‘‘LLC Agreement’’). Under the LLC subject to the ACT Comparison process, Statutory Basis for, the Proposed Rule Agreement, FINRA, the ‘‘SRO Member,’’ and they may be submitted as media or Change has sole regulatory responsibility for the non-media,7 clearing or non-clearing, FINRA/Nasdaq TRF. NASDAQ, the AGU (automated give-up), QSR In its filing with the Commission, ‘‘Business Member,’’ is primarily (Qualified Service Representative), one- FINRA included statements concerning 8 responsible for the management of the sided or internalized crosses. Under the purpose of and basis for the FINRA/Nasdaq TRF’s business affairs, the fee schedule there are four proposed rule change and discussed any including establishing pricing for use of categories of fees, each of which is comments it received on the proposed the FINRA/Nasdaq TRF, to the extent applicable to transactions of the three rule change. The text of these statements 9 those affairs are not inconsistent with Tapes: (1) Media/Executing Party; (2) may be examined at the places specified the regulatory and oversight functions of Non-Media/Executing Party; (3) Media/ in Item IV below. FINRA has prepared 10 FINRA. Additionally, the Business Contra; (4) Non-Media/Contra. summaries, set forth in sections A, B, FINRA recently filed a proposed rule Member is obligated to pay the cost of and C below, of the most significant change 11 that would allow FINRA regulation and is entitled to the profits aspects of such statements. and losses, if any, derived from the 7 Media eligible trade reports are those that are A. Self-Regulatory Organization’s operation of the FINRA/Nasdaq TRF. submitted to the FINRA/Nasdaq TRF for public Statement of the Purpose of, and Pursuant to the FINRA Rule 7600A dissemination by the Securities Information Processors. By contrast, non-media trade reports are Statutory Basis for, the Proposed Rule Series, FINRA members that are FINRA/ Change not submitted to the FINRA/Nasdaq TRF for public Nasdaq TRF participants are charged dissemination, but are submitted for regulatory and/ 1. Purpose fees and may qualify for fee caps (Rule or clearance and settlement purposes. 7620A) and also may qualify for revenue 8 See FINRA Rule 7620A.01. Background 9 Market data is transmitted to three tapes based sharing payments for trade reporting to on the listing venue of the security: New York Stock The FINRA/Nasdaq Trade Reporting the FINRA/Nasdaq TRF (Rule 7610A). Exchange securities (‘‘Tape A’’), American Stock Facility (‘‘TRF’’) is a facility of FINRA These rules are administered by Exchange and regional exchange securities (‘‘Tape that is operated by Nasdaq, Inc. NASDAQ, in its capacity as the B’’), and Nasdaq Stock Market securities (‘‘Tape C’’). Tape A and Tape B are generally referred to 5 (‘‘NASDAQ’’) and utilizes Automated Business Member and operator of the as the Consolidated Tape. FINRA/Nasdaq TRF on behalf of 10 Pursuant to the rule’s Supplementary Material, 5 As approved by its board of directors and the FINRA,6 and NASDAQ collects all fees the ‘‘Executing Party (EP)’’ is defined as the member Commission, effective September 8, 2015, NASDAQ on behalf of the FINRA/Nasdaq TRF. with the trade reporting obligation under FINRA changed its legal name from The NASDAQ OMX rules, and the ‘‘Contra (CP)’’ is defined as the Group, Inc. to Nasdaq, Inc. See Nasdaq, Inc. Form member on the contra side of a trade report. These 8–K Current Report (filed September 8, 2015) rule change to update the FINRA manual positions formerly were identified in FINRA rules (available at www.sec.gov/Archives/edgar/data/ accordingly. as the ‘‘Market Maker’’ or ‘‘MM’’ side and the 1120193/000119312515314459/d48431d8k.htm). 6 FINRA’s oversight of this function performed by ‘‘Order Entry’’ or ‘‘OE’’ side, respectively. See FINRA and NASDAQ are in the process of the Business Member is conducted through a FINRA Rule 7620A.01. amending the LLC Agreement to reflect the name recurring assessment and review of TRF operations 11 See Securities Exchange Act Release No. 76556 change, and FINRA will file a separate proposed by an outside independent audit firm. (December 4, 2015), 80 FR 76724 (December 10,

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members that are a Contra Party to believes that reducing the level of anticipates that the proposed rule qualify for a monthly fee cap of $5,000 Media/Contra trades required to qualify change will make the fee cap more per Tape applied to trades in each fee will make the fee cap more attainable attainable for these Contra Parties. In category. Eligibility for the Media/ for FINRA members. addition, FINRA members that are not Contra fee cap is based on a FINRA Accordingly, FINRA, as the SRO subject to capped fees can choose to member’s trade reporting of Media/ Member, is proposing to amend Rule report trades to a competing TRF (or, in Contra trades to the TRF and its 7620A to reflect the proposed reduction this instance, a market maker may elect participation on an alternative trading in the level of Media/Contra trades to route its orders to an ATS that reports system registered pursuant to required to qualify for the Media/Contra to a competing TRF). Regulation ATS 12 (an ‘‘ATS’’) as a fee cap. FINRA also is proposing a market maker. Specifically, the FINRA technical amendment to clarify that the B. Self-Regulatory Organization’s member must make markets on an ATS reference to a member’s ‘‘total TRF Statement on Burden on Competition by maintaining a two-sided quote. The volume’’ means its total FINRA/Nasdaq FINRA does not believe that the member also must complete and TRF volume. proposed rule change will result in any provide a form to NASDAQ, in which FINRA has filed the proposed rule burden on competition that is not the member attests that (1) it maintains change for immediate effectiveness. The necessary or appropriate in furtherance two-sided quotes for each security that effective date will be the date of filing, of the purposes of the Act. The the member maintains interest in within February 23, 2016. proposed rule change would not impose each ATS and displays a quotation size 2. Statutory Basis new fees or fee rate increases on any of at least one normal unit of trading FINRA believes that the proposed rule member firm, and will reduce the fees (specific for each security), and (2) it paid by some members to the extent will continue to meet the ATS-based change is consistent with the provisions of Section 15A(b)(5) of the Act,13 which they qualify under the new, lower requirements to be eligible for the fee criteria. NASDAQ, as the Business cap. In addition, to qualify a FINRA requires, among other things, that FINRA rules provide for the equitable Member, has advised FINRA that the member must have its Media/Contra estimated fee savings to member firms trades equal, or exceed, 55% of its total allocation of reasonable dues, fees and other charges among members and that qualify for the Media/Contra fee FINRA/Nasdaq TRF volume. Lastly, the would be in the range of $0–$20,000 per FINRA member must be contra to a issuers and other persons using any facility or system that FINRA operates month per firm based on overall market minimum of 1 million trades in Tape A, and participant activity and number of 500,000 trades in Tape C, and 250,000 or controls. NASDAQ, as the Business Member, proposed the $5,000 per tape trading days in the month. NASDAQ trades in Tape B to qualify for the fee has further advised FINRA that, based cap in the securities of the Tapes, Media/Contra fee cap for FINRA members that could not qualify for a fee on current trading practices, NASDAQ respectively. NASDAQ, as the Business estimates that approximately three to Member, set the required level of trades cap under the then-current rules. However, as noted, NASDAQ has eight member firms may be able to take reported for each of the Tapes based on advantage of the fee reductions the differing levels of overall trades determined that the level of Media/ Contra trades required to qualify for associated with the Media/Contra fee reported to the FINRA/Nasdaq TRF as cap with the proposed reduction in the Contra Party. [sic] fee cap is set too high, resulting in no FINRA member qualifying for the fee level of trades required to qualify. Proposed Adjustment cap since its adoption. By reducing this As discussed in SR–FINRA–2015– In proposing the Media/Contra fee level from 55% to 35% of total FINRA/ 053, FINRA members have trade cap, NASDAQ, as the Business Member, Nasdaq TRF trades, NASDAQ has reporting alternatives other than the advised FINRA that following advised FINRA that it believes that more FINRA/Nasdaq TRF, so to the extent the implementation, it would monitor the FINRA members will be able to qualify proposed rule change is viewed as fees paid by Contra Parties and would for the Media/Contra fee cap and thus burdensome among market participants, consider whether any adjustments to the the proposed reduction is reasonable. those participants may choose not to fee cap or qualifying thresholds would The proposed reduction in the level of avail themselves of the fee cap and be appropriate. Since adopting the Media/Contra trades required to qualify maintain the status quo with respect to Media/Contra fee cap, no FINRA for the Media/Contra fee cap is fees or adjust their trading practices. member has achieved the level of equitably allocated because it will apply This would permit members to mitigate Media/Contra trades to equal, or exceed, to all FINRA members that use the any direct or indirect costs imposed by 55% of its total FINRA/Nasdaq TRF FINRA/Nasdaq TRF. Any FINRA this proposal. Moreover, by making the volume. NASDAQ, as the Business member that meets the reduced level of fee cap more attainable, the proposed Member, designed the Media/Contra fee Media/Contra trades together with the rule change may promote competition cap to make pricing more competitive to other requirements under the Rule will among FINRA members by reducing the attract and retain participants on the qualify for the capped fee. fee burden on certain FINRA members FINRA/Nasdaq TRF, and because no As discussed in SR–FINRA–2015– who are unable to qualify for the FINRA member currently qualifies for 053, NASDAQ, as the Business Member, existing fee cap, and FINRA members the Media/Contra fee cap, NASDAQ has advised FINRA that the Media/Contra can choose their trading partners, which determined to reduce the level of fee cap is not unfairly discriminatory determination may in part be based on Media/Contra trades required to qualify because the fee cap would most benefit the fees of the particular TRF applicable for the fee cap. Specifically, NASDAQ those Contra Parties that have to Contra Parties. Lastly, FINRA does has determined to reduce the level from significant volume on the FINRA/ not believe that the proposed rule 55% of the member’s total FINRA/ Nasdaq TRF and thus may pay larger change burdens competition among Nasdaq TRF volume to 35%. NASDAQ trade reporting fees than firms with reporting facilities because each is free comparable ‘‘Executing Party’’ volume to adjust their [sic] respective fees to 2015) (Notice of Filing and Immediate Effectiveness that qualify for a fee cap. NASDAQ remain competitive with the FINRA/ of File No. SR–FINRA–2015–053). Nasdaq TRF, to the extent the proposed 12 17 CFR 242.300–303. 13 15 U.S.C. 78o–3(b)(5). rule change makes the FINRA/Nasdaq

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TRF a more attractive facility on which Commission, and all written FOR FURTHER INFORMATION CONTACT: Mr. to report trades. communications relating to the Leo Sanchez, Office of Government proposed rule change between the Contracting, U.S. Small Business C. Self-Regulatory Organization’s Commission and any person, other than Administration, 409 Third Street SW., Statement on Comments on the those that may be withheld from the Washington, DC 20416; (202) 619–1658; Proposed Rule Change Received From public in accordance with the [email protected]. Members, Participants, or Others provisions of 5 U.S.C. 552, will be SUPPLEMENTARY INFORMATION: Written comments were neither available for Web site viewing and solicited nor received. printing in the Commission’s Public I. Background Under section 8(m) of the Small III. Date of Effectiveness of the Reference Room, 100 F Street NE., Washington, DC 20549 on official Business Act, 15 U.S.C. 637(m), SBA is Proposed Rule Change and Timing for business days between the hours of responsible for implementing and Commission Action 10:00 a.m. and 3:00 p.m. Copies of such administering the WOSB Program, The foregoing rule change has become filing also will be available for which went into effect on February 4, effective pursuant to Section 19(b)(3)(A) inspection and copying at the principal 2011. The purpose of the WOSB of the Act 14 and paragraph (f)(2) of Rule office of FINRA. All comments received Program is to ensure that women-owned 19b–4 thereunder.15 At any time within will be posted without change; the small businesses (WOSBs) have an 60 days of the filing of the proposed rule Commission does not edit personal equal opportunity to participate in change, the Commission summarily may identifying information from Federal contracting and to help attain temporarily suspend such rule change if submissions. You should submit only the Federal government’s goal of it appears to the Commission that such information that you wish to make awarding five percent of its prime action is necessary or appropriate in the available publicly. All submissions contract dollars to WOSBs. The WOSB public interest, for the protection of should refer to File Number SR–FINRA– Program authorizes Federal contracting investors, or otherwise in furtherance of 2016–009, and should be submitted on officers to restrict competition for an the purposes of the Act. If the or before March 24, 2016. acquisition to WOSBs if there is a Commission takes such action, the For the Commission, by the Division of reasonable expectation that at least two Commission shall institute proceedings Trading and Markets, pursuant to delegated WOSBs will submit offers that meet the to determine whether the proposed rule authority.16 requirements of the acquisition at a fair should be approved or disapproved. Robert W. Errett, and reasonable price and if the acquisition is for a good or service IV. Solicitation of Comments Deputy Secretary. [FR Doc. 2016–04635 Filed 3–2–16; 8:45 am] assigned a North American Industry Interested persons are invited to Classification System (NAICS) code in BILLING CODE 8011–01–P submit written data, views, and which SBA has determined that WOSBs arguments concerning the foregoing, are ‘‘substantially underrepresented.’’ including whether the proposed rule SMALL BUSINESS ADMINISTRATION The WOSB Program also authorizes change is consistent with the Act. contracting officers to award a sole Comments may be submitted by any of Women-Owned Small Business source contract assigned such a NAICS the following methods: Federal Contract Program; code to a WOSB if only one WOSB can Electronic Comments Identification of Eligible Industries be identified that can perform the • contract at a fair and reasonable price. Use the Commission’s Internet AGENCY: Small Business Administration. In addition, Economically comment form (http://www.sec.gov/ ACTION: Notice. Disadvantaged Women-Owned Small rules/sro.shtml); or Businesses (EDWOSBs) can likewise • SUMMARY: In order to carry out the Send an email to rule-comments@ receive set-asides and sole source Women-Owned Small Business Federal sec.gov. Please include File Number SR– awards similar to those described above Contract Program (WOSB Program), the FINRA–2016–009 on the subject line. for WOSBs, and in a larger set of U.S. Small Business Administration industries where SBA has determined Paper Comments (SBA) was required by section 825 of that WOSBs are ‘‘underrepresented’’ but • Send paper comments in triplicate the National Defense Authorization Act not substantially so. of 2015 to conduct a new study to Secretary, Securities and Exchange In order to identify the industries identifying the industries in which Commission, 100 F Street NE., eligible for set-asides under the WOSB women-owned small businesses are Washington, DC 20549–1090. Program, the Small Business Act underrepresented in Federal contracting All submissions should refer to File required the SBA Administrator to and to report to Congress on the results Number SR–FINRA–2016–009. This file conduct a study to identify those of that study by January 2, 2016. In number should be included on the industries in which small business accordance with this statutory mandate, subject line if email is used. To help the concerns owned and controlled by SBA has provided this report to Commission process and review your women are underrepresented in Federal Congress and with this notice, notifies comments more efficiently, please use contracting. 15 U.S.C. 637(m)(4). SBA only one method. The Commission will the public of the results of this study and identifies the industries designated awarded a contract to the Kauffman- post all comments on the Commission’s RAND Institute for Entrepreneurship Internet Web site (http://www.sec.gov/ by SBA as eligible for the WOSB Program. Public Policy (RAND) to complete a rules/sro.shtml). Copies of the study of the underrepresentation of submission, all subsequent DATES: This notice is effective March 3, WOSBs in Federal prime contracts by amendments, all written statements 2016. The designations of industries industry code. RAND published the with respect to the proposed rule contained in this notice apply to all study in April 2007.1 Prior to the change that are filed with the solicitations issued on or after the effective date. 1 The RAND study is available to the public at 14 15 U.S.C. 78s(b)(3)(A). http://www.RAND.org/pubs/technical_reports/ 15 17 CFR 240.19b–4(f)(2). 16 17 CFR 200.30–3(a)(12). TR442.

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effective date of this notice, SBA used whether, holding constant various in that industry or if the firm had won the results of the RAND study to factors that might influence the award of a contract assigned to that industry. designate 83 four-digit NAICS industry a contract, the odds of winning Federal OCE found that women-owned groups as either underrepresented or prime contracts by firms that were businesses were less likely to win substantially underrepresented by owned by women were greater or less Federal contracts in 254 of the 304 WOSBs. SBA published the designated than the odds of winning contracts by industries included in the study. NAICS codes on the WOSB Program’s otherwise similar businesses. In 109 out of the 304 industries, OCE Web page on SBA’s Web site, at II. Overview of Study and Results found that women-owned businesses www.sba.gov/wosb. In its analysis, OCE controlled for the have statistically significant lower odds In 2014, Congress amended the Small size and age of the firm; its membership of winning Federal contracts than Business Act to require SBA to submit in various categories of firms for which otherwise similar non-women-owned a report to Congress reflecting the the Federal government has businesses at the 95% confidence level. results of a new study by January 2, government-wide prime contracting SBA has determined that the finding by 2016, and then continue to conduct a goals; its legal form of organization; its OCE of a statistically significant lower new study every five years. Public Law level of government security clearance; likelihood of winning contracts 113–291 825(c) (Dec. 19, 2014). In and its Federal prime contracting past demonstrates that WOSBs are response to this statutory mandate, SBA performance ratings. OCE also looked at substantially underrepresented in these asked the Office of the Chief Economist whether women-owned businesses 109 NAICS codes. However, of these (OCE) of the U.S. Department of typically have significantly different industries, 17 are in sectors 42 and 44– Commerce for assistance in conducting experiences in winning contracts 45, which are not applicable to Federal a new study on the WOSB Program, depending on their industry. OCE contracts under SBA’s regulations. 13 which would analyze data to help SBA performed this analysis at the four-digit CFR 121.201. These 17 industry group determine those NAICS codes in which NAICS industry group level. OCE NAICS codes are set forth in Table 1, WOSBs are underrepresented and included each firm in its sample in an Industries Part of Sectors 42 and 44–45, substantially underrepresented in industry analysis if the firm had Not Applicable to Federal Contracts Federal contracting. OCE looked at registered as being able to perform work Under SBA Regulations.

TABLE 1—INDUSTRIES PART OF SECTORS 42 AND 44–45, NOT APPLICABLE TO FEDERAL CONTRACTS UNDER SBA REGULATIONS

NAICS code NAICS U.S. industry title

4231 ...... Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers. 4233 ...... Lumber and Other Construction Materials Merchant Wholesalers. 4234 ...... Professional and Commercial Equipment and Supplies Merchant Wholesalers. 4237 ...... Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers. 4238 ...... Machinery, Equipment, and Supplies Merchant Wholesalers. 4239 ...... Miscellaneous Durable Goods Merchant Wholesalers. 4242 ...... Drugs and Druggists’ Sundries Merchant Wholesalers. 4246 ...... Chemical and Allied Products Merchant Wholesalers. 4249 ...... Miscellaneous Nondurable Goods Merchant Wholesalers. 4251 ...... Wholesale Electronic Markets and Agents and Brokers. 4411 ...... Automobile Dealers. 4421 ...... Furniture Stores. 4422 ...... Home Furnishings Stores. 4441 ...... Building Material and Supplies Dealers. 4442 ...... Lawn and Garden Equipment and Supplies Stores. 4512 ...... Book, Periodical, and Music Stores. 4543 ...... Direct Selling Establishments.

Since the industry groups above cannot underrepresented or substantially III. Eligible Industries be used to classify Federal contracts, underrepresented. Thus, SBA has SBA has excluded them from the list of information showing historical Based on the above, SBA finds a total industries designated as substantially underrepresentation of women-owned of 113 industry groups eligible for underrepresented. businesses in these 21 industries, which Federal contracting under the WOSB Program. This includes 21 4-digit In addition, OCE found that in 145 is consistent with the OCE finding that NAICS industry groups in which out of the 304 industries, the odds of women-owned businesses are less likely women-owned businesses winning to win contracts. As a result, SBA finds WOSBs are underrepresented (meaning contracts were lower than those of that it possesses sufficient data to contracting officers can make EDWOSB otherwise similar non-women-owned determine that WOSBs are set-aside and sole source awards in businesses, but there was not a underrepresented in these 21 industries. these industries) and 92 4-digit NAICS statistically significant difference SBA also believes that this decision industry groups in which WOSBs are between the odds of winning for the two fulfills the intent of the Small Business substantially underrepresented groups. Although there was not a Act, which demonstrates the intent that (meaning contracting officers can make finding of statistical significance for the designations of eligible industries be WOSB set-aside and sole source awards these industries, 21 of them were based on at least five years of data. in these industries). EDWOSB concerns previously found by the RAND study to The full OCE study is available on are eligible to be considered for both be industries in which WOSBs are SBA’s Web site at www.sba.gov/wosb. WOSB and EDWOSB set-aside and sole

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source awards for the 113 NAICS The 21 NAICS codes in which WOSBs Table 2, NAICS Codes in which WOSBs industry groups. are underrepresented are set forth in are Underrepresented.

TABLE 2—NAICS CODES IN WHICH WOSBS ARE UNDERREPRESENTED

NAICS code NAICS U.S. industry title

3152 ...... Cut and Sew Apparel Manufacturing. 3219 ...... Other Wood Product Manufacturing. 3259 ...... Other Chemical Product and Preparation Manufacturing. 3333 ...... Commercial and Service Industry Machinery Manufacturing. 3342 ...... Communications Equipment Manufacturing. 3353 ...... Electrical Equipment Manufacturing. 3359 ...... Other Electrical Equipment and Component Manufacturing. 3372 ...... Office Furniture (including Fixtures) Manufacturing. 4841 ...... General Freight Trucking. 4885 ...... Freight Transportation Arrangement. 4889 ...... Other Support Activities for Transportation. 5171 ...... Wired Telecommunications Carriers. 5311 ...... Lessors of Real Estate. 5414 ...... Specialized Design Services. 5611 ...... Office Administrative Services. 5614 ...... Business Support Services. 5621 ...... Waste Collection. 6115 ...... Technical and Trade Schools. 6243 ...... Vocational Rehabilitation Services. 7223 ...... Special Food Services. 8114 ...... Personal and Household Goods Repair and Maintenance.

The 92 NAICS codes in which WOSBs which WOSBs are Substantially are substantially underrepresented are Underrepresented. set forth in Table 3, NAICS Codes in

TABLE 3—NAICS CODES IN WHICH WOSBS ARE SUBSTANTIALLY UNDERREPRESENTED

NAICS code NAICS U.S. industry title

1153 ...... Support Activities for Forestry. 2213 ...... Water, Sewage and Other Systems. 2361 ...... Residential Building Construction. 2362 ...... Nonresidential Building Construction. 2371 ...... Utility System Construction. 2373 ...... Highway, Street, and Bridge Construction. 2379 ...... Other Heavy and Civil Engineering Construction. 2381 ...... Foundation, Structure, and Building Exterior Contractors. 2382 ...... Building Equipment Contractors. 2383 ...... Building Finishing Contractors. 2389 ...... Other Specialty Trade Contractors. 3114 ...... Fruit and Vegetable Preserving and Specialty Food Manufacturing. 3118 ...... Bakeries and Tortilla Manufacturing. 3141 ...... Textile Furnishings Mills. 3149 ...... Other Textile Product Mills. 3231 ...... Printing and Related Support Activities. 3241 ...... Petroleum and Coal Products Manufacturing. 3323 ...... Architectural and Structural Metals Manufacturing. 3324 ...... Boiler, Tank, and Shipping Container Manufacturing. 3325 ...... Hardware Manufacturing. 3328 ...... Coating, Engraving, Heat Treating, and Allied Activities. 3329 ...... Other Fabricated Metal Product Manufacturing. 3331 ...... Agriculture, Construction, and Mining Machinery Manufacturing. 3334 ...... Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing. 3335 ...... Metalworking Machinery Manufacturing. 3339 ...... Other General Purpose Machinery Manufacturing. 3345 ...... Navigational, Measuring, Electromedical, and Control Instruments Manufacturing. 3346 ...... Manufacturing and Reproducing Magnetic and Optical Media. 3363 ...... Motor Vehicle Parts Manufacturing. 3369 ...... Other Transportation Equipment Manufacturing. 3371 ...... Household and Institutional Furniture and Kitchen Cabinet Manufacturing. 3391 ...... Medical Equipment and Supplies Manufacturing. 3399 ...... Other Miscellaneous Manufacturing. 4831 ...... Deep Sea, Coastal, and Great Lakes Water Transportation. 4842 ...... Specialized Freight Trucking. 4884 ...... Support Activities for Road Transportation. 4931 ...... Warehousing and Storage.

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TABLE 3—NAICS CODES IN WHICH WOSBS ARE SUBSTANTIALLY UNDERREPRESENTED—Continued

NAICS code NAICS U.S. industry title

5111 ...... Newspaper, Periodical, Book, and Directory Publishers. 5112 ...... Software Publishers. 5121 ...... Motion Picture and Video Industries. 5122 ...... Sound Recording Industries. 5151 ...... Radio and Television Broadcasting. 5172 ...... Wireless Telecommunications Carriers (except Satellite). 5174 ...... Satellite Telecommunications. 5179 ...... Other Telecommunications. 5182 ...... Data Processing, Hosting, and Related Services. 5191 ...... Other Information Services. 5241 ...... Insurance Carriers. 5242 ...... Agencies, Brokerages, and Other Insurance Related Activities. 5321 ...... Automotive Equipment Rental and Leasing. 5324 ...... Commercial and Industrial Machinery and Equipment Rental and Leasing. 5411 ...... Legal Services. 5412 ...... Accounting, Tax Preparation, Bookkeeping, and Payroll Services. 5413 ...... Architectural, Engineering, and Related Services. 5415 ...... Computer Systems Design and Related Services. 5416 ...... Management, Scientific, and Technical Consulting Services. 5417 ...... Scientific Research and Development Services. 5418 ...... Advertising, Public Relations, and Related Services. 5419 ...... Other Professional, Scientific, and Technical Services. 5612 ...... Facilities Support Services. 5615 ...... Travel Arrangement and Reservation Services. 5616 ...... Investigation and Security Services. 5617 ...... Services to Buildings and Dwellings. 5619 ...... Other Support Services. 5622 ...... Waste Treatment and Disposal. 5629 ...... Remediation and Other Waste Management Services. 6113 ...... Colleges, Universities, and Professional Schools. 6114 ...... Business Schools and Computer and Management Training. 6116 ...... Other Schools and Instruction. 6117 ...... Educational Support Services. 6211 ...... Offices of Physicians. 6214 ...... Outpatient Care Centers. 6215 ...... Medical and Diagnostic Laboratories. 6219 ...... Other Ambulatory Health Care Services. 6221 ...... General Medical and Surgical Hospitals. 6231 ...... Nursing Care Facilities. 6242 ...... Community Food and Housing, and Emergency and Other Relief Services. 7112 ...... Spectator Sports. 7113 ...... Promoters of Performing Arts, Sports, and Similar Events. 7114 ...... Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures. 7115 ...... Independent Artists, Writers, and Performers. 7211 ...... Traveler Accommodation. 7212 ...... RV (Recreational Vehicle) Parks and Recreational Camps. 7225 ...... Restaurants and Other Eating Places. 8111 ...... Automotive Repair and Maintenance. 8112 ...... Electronic and Precision Equipment Repair and Maintenance. 8113 ...... Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance. 8121 ...... Personal Care Services. 8123 ...... Drycleaning and Laundry Services. 8129 ...... Other Personal Services. 8131 ...... Religious Organizations. 8139 ...... Business, Professional, Labor, Political, and Similar Organizations.

SBA has posted the list of designated DEPARTMENT OF STATE October 19, 1965 (79 Stat. 985; 22 U.S.C. NAICS codes on its Web site at 2459), Executive Order 12047 of March www.sba.gov/wosb and they are [Public Notice: 9461] 27, 1978, the Foreign Affairs Reform and effective as set forth in this notice. Restructuring Act of 1998 (112 Stat. Culturally Significant Objects Imported Dated: February 29, 2016. 2681, et seq.; 22 U.S.C. 6501 note, et for Exhibition Determinations: seq.), Delegation of Authority No. 234 of A. John Shoraka, ‘‘Pergamon and the Hellenistic October 1, 1999, Delegation of Authority Associate Administrator, Government Kingdoms of the Ancient World’’ No. 236–3 of August 28, 2000 (and, as Contracting and Business Development. Exhibition appropriate, Delegation of Authority No. [FR Doc. 2016–04762 Filed 3–2–16; 8:45 am] SUMMARY: Notice is hereby given of the 257–1 of December 11, 2015), I hereby BILLING CODE 8025–01–P following determinations: Pursuant to determine that the objects to be the authority vested in me by the Act of included in the exhibition ‘‘Pergamon

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and the Hellenistic Kingdoms of the because the record does not support the reservoirs and environmental issues that Ancient World,’’ imported from abroad authority requested. should be addressed as a part of this for temporary exhibition within the DATES: The exemption with respect to EIS. United States, are of cultural the proposed construction by Lone Star DATES: Comments must be received on significance. The objects are imported Railroad, Inc., will be effective on April or before April 4, 2016. pursuant to loan agreements with the 2, 2016; petitions to reconsider or ADDRESSES: Written comments should foreign owners or custodians. I also reopen must be filed by March 23, 2016. be sent to Matthew Higdon, Tennessee determine that the exhibition or display ADDRESSES: An original and 10 copies of Valley Authority, 400 West Summit Hill of the exhibit objects at The all pleadings, referring to Docket No. FD Drive (WT11D), Knoxville, Tennessee Metropolitan Museum of Art, New York, 35874 must be filed with the Surface 37902. Comments may also be emailed New York, from on or about April 11, Transportation Board, 395 E Street SW., to [email protected] or submitted on 2016, until on or about July 17, 2016, Washington, DC 20423–0001. In the TVA Web site at: https:// and at possible additional exhibitions or addition, one copy of each filing in this www.tva.com/Environment/ venues yet to be determined, is in the proceeding must be served on Environmental-Stewardship/ national interest. I have ordered that petitioners’ representative: Thomas F. Environmental-Reviews. Public Notice of these Determinations McFarland, P.C., 208 South LaSalle FOR FURTHER INFORMATION CONTACT: For be published in the Federal Register. Street, Suite 1890, Chicago, IL 60604– information on the EIS process, contact FOR FURTHER INFORMATION CONTACT: For 1112. Matthew Higdon, NEPA Specialist, by further information, including a list of FOR FURTHER INFORMATION CONTACT: email at [email protected], or by phone the imported objects to which this Allison Davis at (202) 245–0378. at (865) 632–8051. For information notice pertains, contact the Office of Assistance for the hearing impaired is about the reservoir land plans, contact Public Diplomacy and Public Affairs in available through the Federal Heather Montgomery by email at the Office of the Legal Adviser, U.S. Information Relay Service (FIRS) at [email protected] or by phone at (256) Department of State (telephone: 202– (800) 877–8339. Copies of written filings 386–3803. 632–6471; email: section2459@ will be available for viewing and self- SUPPLEMENTARY INFORMATION: This state.gov). The mailing address is U.S. copying at the Board’s Public Docket notice is provided in accordance with Department of State, L/PD, SA–5, Suite Room, Room 131, and will be posted to the Council on Environmental Quality’s 5H03, Washington, DC 20522–0505. the Board’s Web site. regulations (40 CFR parts 1500 to 1508) Dated: February 25, 2016. SUPPLEMENTARY INFORMATION: and TVA’s procedures for implementing Mark Taplin, Additional information is contained in the National Environmental Policy Act Deputy Assistant Secretary for Policy, Bureau the Board’s decision. Board decisions (NEPA), and Section 106 of the National of Educational and Cultural Affairs, and notices are available on our Web Historic Preservation Act and its Department of State. site at WWW.STB.DOT.GOV. implementing regulations (36 CFR part [FR Doc. 2016–04834 Filed 3–2–16; 8:45 am] 800). By the Board, Chairman Elliott, Vice TVA is a corporate agency and BILLING CODE 4710–05–P Chairman Miller, and Commissioner Begeman. instrumentality of the United States, Jeffrey Herzig, established by an act of Congress in 1933, to foster the social and economic SURFACE TRANSPORTATION BOARD Clearance Clerk. welfare of the people of the Tennessee [Docket No. FD 35874] [FR Doc. 2016–04668 Filed 3–2–16; 8:45 am] Valley region and to promote the proper BILLING CODE 4915–01–P use and conservation of the region’s Lone Star Railroad, Inc. and Southern natural resources. Shortly after its Switching Company—Track creation, TVA began a dam and Construction and Operation TENNESSEE VALLEY AUTHORITY reservoir construction program that Exemption—in Howard County, Texas required the purchase of approximately Environmental Impact Statement— 1.3 million acres of land for the creation AGENCY: Surface Transportation Board. Multiple Reservoirs Land Management of 46 reservoirs within the Tennessee ACTION: Notice of construction and Plans operation exemption. Valley region. Most of these lands are AGENCY: Tennessee Valley Authority. located underneath the water of the SUMMARY: The Board is granting an ACTION: Notice of intent. reservoir system or have since been sold exemption under 49 U.S.C. 10502 from by TVA or transferred to other state or the prior approval requirements of 49 SUMMARY: The Tennessee Valley federal agencies. Today, approximately U.S.C. 10901 for Lone Star Railroad, Authority (TVA) intends to prepare an 293,000 acres of land along TVA Inc., to construct and operate a new line environmental impact statement (EIS) reservoirs are managed by TVA for the of railroad in Howard County, Tex. The addressing the impacts of alternative benefit of the public. Line would be used to provide rail plans for managing public lands on service to an industrial park near Big eight TVA reservoirs in Alabama, Reservoir Land Management Plans Spring, Tex., via a connection with an Kentucky and Tennessee: Chickamauga, TVA’s eight RLMPs will address existing Union Pacific Railroad Fort Loudoun, Great Falls, Kentucky, management of approximately 138,222 Company mainline that extends Nickajack, Normandy, Wheeler and acres of TVA-managed public lands between Dallas and El Paso, Tex. This Wilson. TVA also proposes to use the surrounding the following reservoirs: exemption is subject to environmental information included in these eight Chickamauga, Fort Loudon, Great Falls, mitigation conditions. reservoir land management plans Nickajack and Normandy in Tennessee; The Board, however, is denying, (RLMP) to revise its Comprehensive Wheeler and Wilson in Alabama; and without prejudice, the petition for Valleywide Land Plan. Public comment Kentucky in Tennessee and Kentucky. exemption with respect to Southern is invited concerning the scope of the In the EIS, TVA will consider the Switching Company’s proposed EIS, including the appropriate uses for potential environmental impacts of the operation of the newly constructed line TVA-managed public lands on these eight RLMPs and the allocation of

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reservoir parcels to one of seven land methodology in developing new RLMPs reservoirs. Residential shoreline use zones: Non-TVA Shoreland, Project for the eight reservoirs. Once completed, properties occur on the eight reservoirs, Operations, Sensitive Resource all TVA land plans will be based on the and the proposed RLMPs will not affect Management, Natural Resource same methodology, ensuring that future the policies for their management. Conservation, Industrial, Developed management policies can be Scoping Process Recreation and Shoreline Access. These consistently applied across the region, allocations will then be used to guide as intended under TVA’s 2011 Natural Public scoping is integral to the the types of activities that will be Resource Plan. process for implementing NEPA and considered on each parcel of land. Comprehensive Valleywide Land Plan ensures that issues are identified early Proposed allocations will take into and properly studied; issues of little account past land use allocations, In its Natural Resource Plan, TVA significance do not consume substantial current land uses, existing land rights established a Comprehensive time and effort; and analysis is thorough (easements, leases, etc.), public needs, Valleywide Land Plan (CVLP) to guide and balanced. TVA’s NEPA procedures the presence of sensitive environmental uses of the 293,000 acres of TVA- require that the scoping process resources, and TVA policies. The managed property on 46 reservoirs. The commence soon after a decision has RLMPs and parcel allocations would CVLP identifies target ranges for been reached to prepare an EIS to establish clear blueprints for future different types of land use allocations ensure an early and open process for management of the public land TVA for the region. When establishing the determining the scope and for manages on these reservoirs. CVLP in 2011, TVA based these ranges identifying the significant issues related TVA has developed a proposed RLMP on parcel allocations from existing plans to a proposed action. TVA anticipates for each reservoir and made initial land as well as ‘‘rapid assessments,’’ which that the major issues addressed in the use zone allocations for each reservoir were initial allocation designations of EIS include water quality, water supply, parcel. These proposed RLMPs are the reservoir parcels conducted in order to aquatic and terrestrial ecology, result of TVA’s initial review of the establish an initial CVLP target range. endangered and threatened species, suitable uses of parcels at each reservoir Since 2011, TVA has conducted more wetlands, prime farmlands, floodplains, and will be considered as an Action thorough assessments of parcels on the recreation, aesthetics including visual Alternative in the EIS. TVA invites the eight reservoirs and found in many resources, land use, historic and public to review the proposed plans and cases that the initial allocations do not archaeological resources and parcel allocations on the TVA Web site accurately reflect actual uses of parcels, socioeconomic resources. during the scoping period and to submit the presence of sensitive resources, or TVA invites members of the public as comments, questions or suggestions on existing land rights or restrictions for well as Federal, state, and local agencies its proposal. Additional Action parcels. Incorporating these corrections and Native American tribes to comment Alternative(s) may be developed based into the proposed RLMPs would on the scope of the EIS. Comments on on public input submitted to TVA necessitate minor revisions to the CVLP the scope should be submitted no later during the scoping period. If multiple target ranges. Therefore, as part of this than the date given under the DATES Action Alternatives are considered, the planning effort, TVA proposes to revise section of this notice. Pursuant to the primary difference between alternatives the CVLP ranges accordingly to the zone regulations of the Advisory Council on would be the amount of land allocated allocations proposed in the Action Historic Preservation implementing to each of these zones. Typically, lands Alternative(s). The proposed revisions currently committed to a specific use to the CVLP target ranges do not reflect Section 106 of the NHPA, TVA also would be allocated in the RLMP to that a change to any other decisions made by solicits comments on the potential of current use; however, changes that TVA in its Natural Resource Plan. TVA the proposed Plan to affect historic support TVA goals and objectives will remains committed to implementing its properties. This notice also provides an be considered. Committed lands include Natural Resource Plan and meeting the opportunity under Executive Orders those subject to existing long-term goals and objectives of the CVLP. 11990 and 11988 for early public review easements, leases, licenses and In addition to the Natural Resource of the potential for TVA’s Plan to affect contracts; lands with outstanding land Plan, this planning process is necessary wetlands and floodplains, respectively. rights; and lands that are necessary for to comply with TVA’s Land Policy Please note, any comments received, TVA project operations. (2006), which governs the planning, including names and addresses, will In the EIS, TVA will also consider a retention and disposal of land under become part of the administrative record No Action alternative, under which TVA’s stewardship. The reservoir land and will be available for public TVA would continue to rely on previous planning process provides a consistent inspection. land planning designations or current method of evaluating suitable uses of After consideration of the public’s management of parcels. Of the eight TVA public land in a manner that input and analyzing the environmental reservoirs, seven have land use plans systematically incorporates information, consequences of each alternative, TVA that were developed using different analyses, and input from the public, will issue a draft EIS for public review methodology and land use categories. stakeholders, partners and TVA and comment. TVA will notify the Two reservoirs (Fort Loudoun and specialists, and protects significant public of the draft EIS’ availability and Normandy) were planned using TVA’s resources (including threatened and plans to hold public meetings during Forecast System in the 1960s or 1970s; endangered species, cultural resources, the review period. TVA expects to four reservoirs (Chickamauga, Kentucky, wetlands, unique habitats, natural areas, release the draft EIS and associated Nickajack, and Wheeler) were planned water quality and the visual character of RLMPs in late 2016 and the final EIS in the 1980s and 1990s under the the reservoir). This planning effort is and RLMPs in 2017. Once the NEPA Multiple-Use Tract Allocation also consistent with TVA’s Shoreline review is completed, the final RLMPs Methodology. A land plan has never Management Initiative (SMI). The EIS and revised CVLP allocations will be been developed for Great Falls will tier from the Final EIS for the SMI submitted to the TVA Board of Directors Reservoir, and only a portion of Wilson (1998), which evaluated alternative for approval and adopted as guidelines Reservoir has been planned previously. policies for managing residential for management of TVA public land TVA will apply the single-use allocation shoreline development on TVA consistent with the agency’s

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responsibilities under the TVA Act of ADDRESSES: Send comments on this Specialist, ASW–640D, 10101 Hillwood 1933. document to Mr. Cameron Bryan, Parkway, Fort Worth, Texas 76177. Authority: 40 CFR 1501.7. Federal Aviation Administration, Acting Telephone (817) 222–5644. Manager, Texas Airports Development SUPPLEMENTARY INFORMATION: This Wilbourne (Skip) C. Markham, Office, 10101 Hillwood Parkway, Fort notice announces that the FAA has Director, Environmental Permitting and Worth, TX 76177. given its overall approval to the noise Compliance. FOR FURTHER INFORMATION CONTACT: Mr. compatibility program for Lafayette [FR Doc. 2016–04745 Filed 3–2–16; 8:45 am] Bill Welstead, Aviation Director, City of Regional Airport, effective November BILLING CODE 8120–01–P Fort Worth, 4201 N. Main St. Suite 200, 23, 2015. Fort Worth, TX 76106, telephone (817) Under section 47504 of the Act, an 392–5400, or Mr. Anthony Mekhail, airport operator who has previously Federal Aviation Administration, Texas submitted a noise exposure map may DEPARTMENT OF TRANSPORTATION Airports Development Program submit to the FAA a noise compatibility program which sets forth the measures Federal Aviation Administration Manager, 10101 Hillwood Parkway, Fort Worth, TX 76177, telephone (817) 222– taken or proposed by the airport operator for the reduction of existing Public Notice for Waiver for 5663, FAX (817) 222–5989. Documents non-compatible land uses and Aeronautical Land-Use Assurance at reflecting this FAA action may be prevention of additional non-compatible Fort Worth Spinks Airport, Fort Worth, reviewed at the above locations. land uses within the area covered by the TX Issued in Fort Worth, Texas, on 15 January, noise exposure maps. The Act requires 2016. AGENCY: such programs to be developed in Federal Aviation Ignacio Flores, Administration, DOT. consultation with interested and Manager, Airports Division, FAA, Southwest affected parties including local ACTION: Notice of intent for Waiver of Region. Aeronautical Land-Use. communities, government agencies, [FR Doc. 2016–04737 Filed 3–2–16; 8:45 am] airport users, and FAA personnel. SUMMARY: The Federal Aviation BILLING CODE P Each airport noise compatibility Administration (FAA) is considering a program developed in accordance with proposal to change a portion of the Federal Aviation Regulations (FAR) Part DEPARTMENT OF TRANSPORTATION airport from aeronautical use to 150 is a local program, not a Federal program. The FAA does not substitute nonaeronautical use and to authorize Federal Aviation Administration the conversion of the airport property. its judgment for that of the airport The proposal consists of one parcel of Noise Compatibility Program Notice, proprietor with respect to which land containing a total of approximately Lafayette Regional Airport, Lafayette, measures should be recommended for 2.583. Louisiana action. The FAA’s approval or The property was acquired using City disapproval of FAR Part 150 program and FAA funds through the AIP AGENCY: Federal Aviation recommendations is measured Program from 1983–1987. The land Administration, DOT. according to the standards expressed in comprising this parcel is outside the ACTION: Notice. Part 150 and the Act and is limited to forecasted need for aviation the following determinations: a. The noise compatibility program development and, thus, is no longer SUMMARY: The Federal Aviation was developed in accordance with the needed for indirect or direct Administration (FAA) announces its provisions and procedures of FAR Part aeronautical use. The airport wishes to findings on the noise compatibility program submitted by Lafayette Airport 150; develop this land for compatible b. Program measures are reasonably commercial, nonaeronautical use. The Commission under the provisions of 49 U.S.C. (the Aviation Safety and Noise consistent with achieving the goals of income from the conversion of this reducing existing non-compatible land parcel will benefit the aviation Abatement Act, hereinafter referred to as ‘‘the Act’’) and 14 CFR part 150. uses around the airport and preventing community by reinvestment in the the introduction of additional non- airport. These findings are made in recognition of the description of Federal and compatible land uses; Approval does not constitute a c. Program measures would not create commitment by the FAA to financially nonfederal responsibilities in Senate Report No. 96–52 (1980). On April 4, an undue burden on interstate or foreign assist in the conversion of the subject commerce, unjustly discriminate against airport property nor a determination of 2012, the FAA determined that the noise exposure maps submitted by types or classes of aeronautical uses, eligibility for grant-in-aid funding from violate the terms of airport grant the FAA. The disposition of proceeds Lafayette Airport Commission under Part 150 were in compliance with agreements, or intrude into areas from the conversion of the airport preempted by the Federal Government; property will be in accordance with applicable requirements. On November 23, 2015, the FAA approved the and FAA’s Policy and Procedures d. Program measures relating to the Concerning the Use of Airport Revenue, Lafayette Regional Airport noise compatibility program. Both of the use of flight procedures can be published in the Federal Register on implemented within the period covered February 16, 1999. In accordance with recommendations of the program were approved. by the program without derogating Section 47107(h) of Title 49, United safety, adversely affecting the efficient States Code, this notice is required to be DATES: The effective date of the FAA’s use and management of the navigable published in the Federal Register 30 approval of the Lafayette Regional airspace and air traffic control systems, days before modifying the land-use Airport noise compatibility program is or adversely affecting other powers and assurance that requires the property to November 23, 2015. responsibilities of the Administrator be used for an aeronautical purpose. FOR FURTHER INFORMATION CONTACT: prescribed by law. DATES: Comments must be received on DOT/FAA Southwest Region, Tim Specific limitations with respect to or before April 4, 2016. Tandy, Environmental Protection FAA’s approval of an airport noise

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compatibility program are delineated in parcels located within the existing DNL FOR FURTHER INFORMATION CONTACT: Mr. FAR Part 150, section 150.5. Approval 65 contour the opportunity to Anthony Mekhail, Program Manager, is not a determination concerning the participate in the Avigation Easement Federal Aviation Administration, Texas acceptability of land uses under Federal, Acquisition Program. A remedial Airports Development Office, ASW– state, or local law. Approval does not by measure would offer owners of 650, 10101 Hillwood Parkway, Fort itself constitute an FAA implementing residential properties located within the Worth, TX 76177, Telephone: (817) action. A request for Federal action or DNL 65 contour the opportunity to 222–5663, email: Anthony.Mekhail@ approval to implement specific noise participate in the Avigation Easement faa.gov. compatibility measures may be Acquisition Program. The request to release property may required, and an FAA decision on the These determinations are set forth in be reviewed in person at this same request may require an environmental detail in a Record of Approval signed by location. assessment of the proposed action. the FAA Southwest Region Airports SUPPLEMENTARY INFORMATION: The FAA Approval does not constitute a Division Manager on November 23, invites public comment on the request commitment by the FAA to financially 2015. The Record of Approval, as well to release property at the Gainesville assist in the implementation of the as other evaluation materials and the Municipal Airport under the provisions program nor a determination that all documents comprising the submittal, of the AIR 21. measures covered by the program are are available for review at the FAA The following is a brief overview of eligible for grant-in-aid funding from the office listed above and at the the request: City of Gainesville requests FAA. Where federal funding is sought, administrative offices of the Lafayette the release of 20 acres of non- requests for project grants must be Airport Commission. The Record of aeronautical airport property. The submitted to the FAA Regional Office in Approval also will be available on-line property is located on the southeast side Fort Worth, Texas. at http://www.faa.gov/arp/ of the airport, bordered by US HWY 82 The Lafayette Airport Commission environmental/14cfr150/index14.cfm. submitted to the FAA on November 29, to the south. The property to be released 2011 the noise exposure maps, Issued in Fort Worth, Texas, February 4, will be sold and revenues shall be used 2016. descriptions, and other documentation to enhance development, operations and produced during the noise compatibility Ignacio Flores, maintenance of the airport. Any person planning study conducted from August Manager, Airports Division. may inspect the request in person at the 14, 2013 through August 6, 2014. The [FR Doc. 2016–04763 Filed 3–2–16; 8:45 am] FAA office listed above under FOR Lafayette Regional Airport noise BILLING CODE 4910–13–P FURTHER INFORMATION CONTACT. exposure maps were determined by In addition, any person may, upon FAA to be in compliance with request, inspect the application, notice applicable requirements on April 4, DEPARTMENT OF TRANSPORTATION and other documents relevant to the application in person at the Gainesville 2012. Notice of this determination was Federal Aviation Administration published in the Federal Register on Municipal Airport, telephone number (940) 668–4500. April 13, 2012. Notice of Intent To Rule on Request To The Lafayette Regional Airport study Release Airport Property at the Issued in Fort Worth, Texas on February 2, contains a proposed noise compatibility Gainesville Municipal Airport in 2016. program comprised of actions designed Gainesville, Texas Ignacio Flores for phased implementation by airport Manager, Airports Division. AGENCY: management and adjacent jurisdictions Federal Aviation [FR Doc. 2016–04764 Filed 3–2–16; 8:45 am] Administration (FAA), DOT. from August 6, 2014 to the year 2017. BILLING CODE 4910–13–P It was requested that the FAA evaluate ACTION: Notice of request to release and approve this material as a noise airport property. compatibility program as described in DEPARTMENT OF TRANSPORTATION section 47504 of the Act. The FAA SUMMARY: The FAA proposes to rule and began its review of the program on May invite public comment on the release of Federal Railroad Administration 25, 2015 and was required by a land at the Gainesville Municipal [Docket Number FRA–2010–0180] provision of the Act to approve or Airport under the provisions of Section 125 of the Wendell H. Ford Aviation disapprove the program within 180 days Petition for Waiver of Compliance (other than the use of new or modified Investment Reform Act for the 21st flight procedures for noise control). Century (AIR 21). In accordance with part 211 of Title Failure to approve or disapprove such DATES: Comments must be received on 49 Code of Federal Regulations (CFR), program within the 180-day period shall or before April 4, 2016. this document provides the public be deemed to be an approval of such ADDRESSES: Comments on this notice that by a document dated program. application may be mailed or delivered February 9, 2016, the Denton County The submitted program contained two to the FAA at the following address: Mr. Transportation Authority (DCTA) has proposed actions for noise mitigation off Cameron Bryan, Acting Manager, petitioned the Federal Railroad the airport. The FAA completed its Federal Aviation Administration, Administration (FRA) for an extension review and determined that the Southwest Region, Airports Division, of its existing waiver of compliance procedural and substantive Texas Airports Development Office, from certain provisions of the Federal requirements of the Act and FAR Part ASW–650, 10101 Hillwood Parkway, railroad safety regulations. Specifically, 150 have been satisfied. The overall Fort Worth, Texas 76177. DCTA is requesting an extension of its program, therefore, was approved by the In addition, one copy of any existing relief from the following parts FAA effective November 23, 2015. comments submitted to the FAA must and specific regulations of 49 CFR part Outright approval was granted for be mailed or delivered to Mr. Barry 238, Passenger Equipment Safety both of the specific program elements. A Sullivan, City Manager, at the following Standards (Sections 238.115, 238.121, preventive land use mitigation measure address: 2300 Airport Drive, 238.223, 238.305, 238.309, and would offer owners of vacant residential Gainesville, Texas 76240. Appendix D); Part 229, Railroad

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Locomotive Safety Standards (Sections crashworthiness criteria contained in www.regulations.gov/#!privacyNotice 229.31, 229.51, 229.47, 229.71, 229.135, the ETF guidelines. DCTA is not for the privacy notice of regulations.gov. and Appendix D); Part 231, Railroad requesting any modification of the Robert C. Lauby, Safety Appliance Standards (Section conditions contained in that decision 231.14); and Part 239, Passenger Train letter. Associate Administrator for Railroad Safety, Chief Safety Officer. Emergency Preparedness (Section A copy of the petition, as well as any 239.101). FRA assigned the petition written communications concerning the [FR Doc. 2016–04670 Filed 3–2–16; 8:45 am] Docket Number FRA–2010–0180. petition, is available for review online at BILLING CODE 4910–06–P DCTA operates its ‘‘A-train’’ www.regulations.gov and in person at commuter rail service along a 21.3–mile the U.S. Department of Transportation’s corridor adjacent to and parallel with (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION Interstate 35 between Dallas, TX, and New Jersey Avenue SE., W12–140, Federal Transit Administration Denton, TX, featuring six station stops. Washington, DC 20590. The Docket The commuter rail operation is Operations Facility is open from 9 a.m. [Docket Number: FTA–2016–0013] contracted to Herzog for vehicle and to 5 p.m., Monday through Friday, right-of-way maintenance, dispatching except Federal Holidays. Notice of Proposed Equal Employment services, dispatching, and operations. Interested parties are invited to Opportunity Program Circular The corridor also has a currently active participate in these proceedings by AGENCY: Federal Transit Administration, freight operation served by the Dallas submitting written views, data, or DOT. Garland and Northeastern Railroad, comments. FRA does not anticipate ACTION: Notice of proposed revisions to which provides freight service to scheduling a public hearing in circular and request for comment. customers in the Lewisville, TX, area. connection with these proceedings since The passenger operations are temporally the facts do not appear to warrant a SUMMARY: The Federal Transit separated from freight operations hearing. If any interested party desires Administration (FTA) has placed in the through a plan on file with FRA using an opportunity for oral comment, they docket and on its Web site proposed interlocked derails on the southern should notify FRA, in writing, before guidance in the form of a Circular to terminus and stub-end track on the the end of the comment period and assist grantees in complying with northern terminus. In its extension specify the basis for their request. various Equal Employment Opportunity request, DTCA states that a real-time All communications concerning these regulations and statutes. The purpose of shunt monitoring system is being proceedings should identify the this Circular is to provide recipients of installed in conjunction with Positive appropriate docket number and may be FTA financial assistance with Train Control. submitted by any of the following instructions and guidance necessary to DCTA operates Stadler diesel methods: carry out the U.S. Department of multiple-unit (DMU) vehicles • Web site: http:// Transportation’s Equal Employment constructed to meet European safety www.regulations.gov. Follow the online Opportunity regulations (*****). FTA is standards for crashworthiness and instructions for submitting comments. updating its ‘‘Equal Employment related safety measures. As asserted in • Fax: 202–493–2251. Opportunity (EEO) Program Guidelines its original petition, DCTA chose these • Mail: Docket Operations Facility, for Grant Recipients’’ to clarify the vehicles because DCTA believes that U.S. Department of Transportation, 1200 requirements for compliance. By this they offer an equivalent or higher level New Jersey Avenue SE., W12–140, notice, FTA invites public comment on of safety, security, and performance to Washington, DC 20590. the proposed circular. • the passenger and crew than Hand Delivery: 1200 New Jersey DATES: Comments must be submitted by conventional FRA-compliant Avenue SE., Room W12–140, May 2, 2016. Late-filed comments will equipment. Washington, DC 20590, between 9 a.m. be considered to the extent practicable. In a July 13, 2011, decision letter, and 5 p.m., Monday through Friday, ADDRESSES: Please submit your FRA granted relief from the Federal except Federal Holidays. comments by only one of the following railroad safety regulations listed above. Communications received by April methods, identifying your submission Additionally, FRA invoked its authority 18, 2016 will be considered by FRA by docket No. FTA–2016–0013. All under 49 U.S.C. 20306 to exempt DCTA before final action is taken. Comments electronic submissions must be made to from the requirements of 49 U.S.C. received after that date will be the U.S. Government electronic site at 20302 for sill steps and end handholds. considered as far as practicable. http://www.regulations.gov. The current waiver expires on July 13, Anyone is able to search the (1) Federal eRulemaking Portal: Go to 2016. electronic form of any written http://www.regulations.gov and follow FRA notes that this docket number communications and comments the online instructions for submitting includes a separate permanent decision received into any of our dockets by the comments. letter dated May 31, 2012, which was name of the individual submitting the (2) Mail: Docket Management Facility: granted in accordance with FRA’s comment (or signing the document, if U.S. Department of Transportation, 1200 October 2011 final report and guidelines submitted on behalf of an association, New Jersey Avenue SE., West Building, on ‘‘Technical Criteria and Procedures business, labor union, etc.). In Ground Floor, Room W12–140, for Evaluating the Crashworthiness and accordance with 5 U.S.C. 553(c), DOT Washington, DC 20590–0001. Occupant Protection Performance of solicits comments from the public to (3) Hand Delivery or Courier: West Alternatively Designed Passenger Rail better inform its processes. DOT posts Building, Ground Floor, Room W12– Equipment for Use in Tier I Service,’’ these comments, without edit, including 140, 1200 New Jersey Avenue SE., issued by the Engineering Task Force any personal information the between 9 a.m. and 5 p.m. Eastern time, (ETF). This letter, known as the commenter provides, to Monday through Friday, except Federal ‘‘Alternatively Designed Vehicle (AVT)’’ www.regulations.gov, as described in holidays. waiver, was granted to DCTA for use of the system of records notice (DOT/ALL– (4) Fax: (202) 493–2251. its Stadler GTW 2/6 DMUs, finding that 14 FDMS), which can be reviewed at Instructions: You must include the they are in compliance with www.dot.gov/privacy. See also http:// agency name (Federal Transit

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Administration) and Docket number changes to Circular 4704.1, ‘‘Equal The proposed circular eliminates (FTA–2016–0013) for this notice at the Employment Opportunity Program outdated nomenclature, such as beginning of your comments. Submit Guidelines for Grant Recipients.’’ The references to ‘‘UMTA,’’ references to the two copies of your comments if you final Circular, when adopted, will ‘‘Urban Mass Transit Act,’’ and removes submit them by mail. If you wish to supersede the existing circular. references to statutory provisions such receive confirmation that FTA received The proposed Circular incorporates as the ‘‘Federal Aid Urban System your comments, you must include a the Department of Labor’s standards for Program.’’ The title of the proposed self-addressed stamped postcard. Note an affirmative action program; the Equal circular has been change to ‘‘Equal that all comments received will be Employment Opportunity Commission Employment Opportunity (EEO) posted without change to http:// (EEOC) regulations; the guidelines for Requirements and Guidelines for www.regulations.gov including any an effective implementation of Federal Transit Administration personal information provided and will Executive Order 11246, as amended; Recipients.’’ be available to Internet users. You may section 503 of the Rehabilitation Act of We have also reorganized the review DOT’s complete Privacy Act 1973, as amended; Title II of the Genetic proposed circular for ease-of-read. The Statement published in the Federal Information Nondiscrimination Act of existing Circular is organized as follows: Register on April 11, 2000 (65 FR 2008 (GINA), and the Americans with Disabilities Act of 1990; and other civil Chapter I—General; 19477) or http://DocketsInfo.dot.gov. Chapter II—Coverage; Docket: For access to the docket to rights statutes related to employment Chapter III—EEO Program Components; read background documents and practices. These laws ban Chapter IV—Types of Compliance comments received, go to http:// discrimination and require Federal Reviews; www.regulations.gov at any time or to contractors and subcontractors to take Chapter V—Remedial Actions and the U.S. Department of Transportation, affirmative action to ensure that all Enforcement Procedures; and 1200 New Jersey Avenue SE., Docket individuals have an equal opportunity Chapter VI—Discrimination Complaints. Operations, M–30, West Building, for employment, without regard to race, The proposed circular is organized as Ground Floor, Room W12–140, color, religion, sex, age, national origin, follows: disability, veteran status, or genetic Washington, DC 20590 between 9:00 Chapter 1—Introduction and Applicability; a.m. and 5:00 p.m., Monday through information. Additionally, since the existing Circular went into effect, Chapter 2—EEO Program Requirements; Friday, except Federal holidays. and FOR FURTHER INFORMATION CONTACT: legislation and court cases have Chapter 3—EEO Compliance Oversight, Anita Heard, Office of Civil Rights, transformed affirmative action policies Complaints, and Enforcement and affected recipients’ and Federal Transit Administration, 1200 Proposed Chapter 1 includes existing New Jersey Avenue SE., Room E54–420, beneficiaries’ responsibilities. The proposed Circular would incorporate Chapters 1 and 2, excluding the Washington, DC 20590, phone: (202) ‘‘Frequency of Update’’ subsection from 493–0318, or email, anita.heard@ these changes in law and judicial interpretations. Also, the proposed existing Chapter II. Proposed Chapter 2 dot.gov. For legal questions, Gwendolyn Circular would incorporate lessons includes the ‘‘Frequency of Update’’ Franks, Office of Chief Counsel, 915 2nd learned from FTA administered subsection and existing Circular Chapter Avenue, Suite 3142, Seattle, WA 98174, oversight activities, including triennial III. The Proposed Chapter 3 includes phone: 206–220–7954, or email: and state management reviews, and Chapters IV, V, and VI from the existing [email protected]. discretionary EEO compliance reviews. Circular. SUPPLEMENTARY INFORMATION: During these reviews, FTA identified FTA seeks comments on the scope Table of Contents problems related to ambiguous language and content of the proposed Circular, in the existing Circular. These problems specifically as to whether there are areas I. Overview included failure to conduct utilization that need more clarification or II. Chapter-by-Chapter Analysis analyses, failure to develop effective explanation, or topics that were A. Chapter 1—Introduction and overlooked. FTA also seeks suggestions Applicability and measurable goals and timetables, B. Chapter 2—EEO Program Requirements and failure to execute a written plan for for resources that should be included in C. Chapter 3—EEO Compliance Oversight, internal and external dissemination of the proposed Circular, including good Complaints, and Enforcement its EEO Policy. The proposed circular practices and sample materials. D. Appendix A—References reorganizes, clarifies, and provides Additional items FTA seeks comment on are included in the chapter-by- I. Overview examples of the information that must be included in a compliant EEO chapter analysis below. FTA is updating its EEO Circular to program. This document does not clarify what recipients must do to A. Chapter 1—Introduction and include the proposed circular on which Applicability comply with Titles VI and VII of the FTA seeks comment; however, an Civil Rights Act of 1964, Title II of the electronic version may be found on Chapter 1 of the proposed circular is Genetic Information Nondiscrimination FTA’s Web site at http:// an introductory chapter that reviews the Act of 2008 (GINA), 49 U.S.C. Chapter www.fta.dot.gov, and in the docket, at organization of the circular, the 53 (the Federal Transit law), other http://www.regulations.gov. Paper authority for establishing the circular, Federal civil rights statutes, and the U.S. copies of the proposed Circular may be and applicability to grantees. Department of Transportation (DOT) obtained by contacting FTA’s The proposed circular chapter regulations in 49 CFR part 21 . The EEO Administrative Services Help Desk, at includes added sections entitled Circular, last revised in 1988 when the (202) 366–4865. Introduction, Organization of this Federal Transit Administration (FTA) Circular, and Authorities. The content was called the Urban Mass II. Chapter-by-Chapter Analysis of the Introduction and Authorities Transportation Administration (UMTA), Readers familiar with the existing sections contain updated information requires changes to bring EEO-related FTA Circular 4704.1 will notice a currently covered in Chapter I of the guidance up to date. This notice number of changes to the proposed existing circular. The authority for the provides a summary of proposed circular. EEO program requirements includes

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statutes, regulations, and executive satisfy both FTA and FHWA for External Dissemination orders that establish the context for requirements. requirements. ensuring nondiscrimination in FTA also seeks comment regarding a Impartiality is important to the employment on the basis of a protected potential change to the threshold for EEOP’s credibility. Specifically, the class. The proposed Organization of this Equal Employment Opportunity separation of functions would entail Circular section is new and intended to Program submission from the current separating the EEO Officer position from assist the reader’s understanding of the standard of grantees with 50 transit- human resources positions and other proposed circular structure. The related employees, to grantees with 100 positions that serve defensive functions proposed State Administered Programs transit-related employees. in an agency, such as the legal office. section contains updated references and FTA seeks comment on establishing a With regards to ‘‘Designation of includes the most recent information Memorandum of Understanding Personnel Responsibility’’ in proposed about the MOU between FTA and between FTA and the Department of subsection 2.2.3, FTA proposes to add a FHWA on this subject. The proposed Labor (DOL) with regard to EEO requirement that agencies must ‘‘ensure Definitions section is significantly program submissions and approval. The that no conflicts of position or conflicts updated. MOU would allow the agency to submit of interest occur or appear to occur with Where the current circular definitions an EEO Program that would satisfy both respect to the EEO Officer’s role.’’ The reference UMTA, the proposed FTA and DOL submission requirements. proposed Circular would require ‘‘the definitions reference FTA. We have FTA seeks comment on the content of functional unit that reviews EEO proposed new definitions where current Chapter 1. matters be separate and apart from the law has created new terminology or unit that represents the agency in EEO where terms are unclear or undefined in B. Chapter 2—EEO Program complaints.’’ This proposed section also the existing circular. Some definitions Requirements adds requirements for the EEO Officer’s have been updated to comply with Chapter 2 of the proposed Circular EEOP Responsibilities, including existing law or to increase clarity. discusses how frequently a grantee must reviewing the agency’s Where applicable, we have used the submit an updated Equal Employment nondiscrimination plan with all same definitions found in rulemakings Opportunity Program (EEOP). The managers and supervisors, periodic or other circulars to ensure consistency. proposed Frequency of Update section reviews of policies, procedures, and Proposed new definitions include: is moved from the current Chapter II— union agreements, providing training for Adverse impact, Complainant, Coverage and combined with the employees and managers, advising Disability, Disparate impact, Disparate components of the current Chapter III— employees and applicants of training treatment, Employee, Equal EEO Program Requirements. The and development opportunities, and Employment Opportunity Program Frequency of Update section proposes auditing of EEO Policy statement (EEOP), Equal Employment Opportunity to remove the discretion of the FTA postings to ensure compliance. The statutes and regulations, Federal Office of Civil Rights to request less section also proposes to alter existing financial assistance, FTA activity, One- information from a recipient when the responsibilities, including a person rule, Programs or activities, previous EEO program has not changed requirement for reporting ‘‘quarterly’’ Protected class, and Transit-related significantly in the intervening three instead of ‘‘periodically’’ on each employee. Proposed updated definitions years. department’s progress toward goals, and include: Applicant, Compliance, Proposed Chapter 2 primarily ‘‘investigating’’ complaints of Contractor, Discrimination, Good faith explains the seven required elements of discrimination instead of ‘‘processing’’ efforts, Minority persons, an EEOP for FTA review. The chapter such complaints. FTA proposes to Noncompliance, Primary recipient, details proposed required language, remove the requirement that the EEO Recipient or Grantee, and Secretary. required supporting documentation, the Officer concur in all hires and Two definitions have been removed in type of analysis that must be conducted, promotions. the proposed circular: Affirmative and the acceptable methods to report In the area of Agency EEO Action Plan and Probable the results of the analysis. The seven Responsibilities, the proposed circular updates and streamlines some of the Noncompliance. elements proposed are: FTA seeks comment on potential enumerated requirements in the existing changes to the Memorandum of (1) Statement of Policy circular and adds two responsibilities. Understanding (MOU) between FTA (2) Dissemination FTA proposes requirements to add and and the Federal Highway (3) Designation of Personnel update a personnel database, and to Administration (FHWA). Currently, Responsibility encourage employee participation to FTA has the responsibility for (4) Utilization Analysis support the advancement of the EEOP. reviewing, monitoring, and approving (5) Goals and Timetables The proposed section removes explicit state DOT’s EEO Programs in (6) Assessment of Employment Practices requirements for assisting in the accordance with FTA’s regulations, (7) Monitoring and Reporting identification of problem areas, active policies, and guidance, while FHWA A majority of proposed Chapter 2 has involvement in affinity groups and has the responsibility for reviewing, been relocated from Chapters II and III community organizations, career monitoring and approving state DOT’s of the existing circular. However, those counseling of employees, and EEO Programs in accordance with familiar with the EEOP will notice a few participation in periodic audits to FHWA’s regulations, policies, and changes in these sections. ensure each agency unit is compliance. guidance. Although FHWA currently Proposed subsection 2.2.2, FTA believes the concepts in the requires an annual to multiyear program ‘‘Dissemination,’’ increases the removed items are captured elsewhere submission, FTA requires EEOP frequency requirement for meeting with in Chapter 2. submissions on a triennial basis. FTA top management officials to discuss the Proposed subsection 2.2.4, seeks comments on developing an EEOP from a minimum of ‘‘Utilization Analysis,’’ requires updated MOU between FTA and ‘‘semiannually’’ to a minimum of agencies to use EEO–4 reporting FHWA, which would allow state DOTs ‘‘quarterly.’’ This section also proposes categories. This proposal changes the to submit a single EEO program that will simplification of and updated language approach to Utilization Analysis in the

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current circular. Additionally, this Proposed subsection 2.2.7, determine the frequency and scope of section discusses a new MOU between ‘‘Monitoring and Reporting,’’ updates the reviews at its discretion and on a EEOC and FTA which allows FTA to the description of the purposes of the case-by-case basis. obtain the agency’s EEO–4 utilization monitoring and reporting system. The Proposed section 3.1.3 removes the numbers. As a result, the transit agency proposed section adds a requirement for explanation of Remedial Action Plans. or grantee will be able to access their agencies to describe the complaint Proposed section 3.2, ‘‘Complaints,’’ current utilization numbers and process and maintain a log of is reorganized and proposes to add complete the required utilization in complains. The proposed section also significantly more detail to the FTA’s electronic database under the requires agencies to maintain records on complaint process. In proposed proposed language. For agencies under applicants, hires, transfers, promotions, subsection 3.2.6, FTA proposes to add 100 employees that do not submit training and termination. Finally, the an Administrative Closure option. reports to EEOC, this proposed section proposed section adds a list of Required FTA seeks comment on the content of also includes links to a Microsoft Excel EEOP Attachments. Chapter 3. FTA seeks comment on the content of spreadsheet template (with instructions) D. Appendix A—References for use in completing the utilization and Chapter 2. With regards to the EEOP availability analysis. The proposed process, FTA seeks comment on the Proposed Appendix A adds a list of language adds requirements for paperwork burdens for carrying out the references to the proposed circular. A Availability Analysis, including requirements set forth in the proposed similar list is contained on the cover explanation of and requirements for circular. Specifically FTA seeks page of the existing circular. The explaining why agencies selected comment on how long it will take to proposed list of references in Appendix particular areas for the analysis and develop an EEO Program with the A updates and adds references based on quantifying plans when underutilization requirements set out in Chapter 2 of the the current state of the law and is identified. proposed Circular. FTA also seeks guidance. suggestions from grantees regarding how FTA seeks comment on the content of Proposed subsection 2.2.5, ‘‘Goals and Appendix A. Timetables,’’ proposes to require to use information technology to agencies to set long term and short term decrease the amount of time it takes to Issued in Washington, DC. numerical goals and timetables for each develop an EEO Program. Therese W. McMillan, individual minority group, broken down C. Chapter 3—EEO Compliance Acting Administrator. by specific racial/ethnic subcategories Oversight, Complaints, and [FR Doc. 2016–04648 Filed 3–2–16; 8:45 am] for men and women. This section Enforcement BILLING CODE 4910–57–P includes changes to the guidelines for Chapter 3 of the proposed circular goal setting, including a guideline to set combines topics covered in chapters IV, goals that are realistic and measurable. V, and VI of the existing circular. It DEPARTMENT OF TRANSPORTATION The proposed requirements reduce the explains how FTA carries out its EEO long term goal period from 4–5 years to National Highway Traffic Safety oversight and enforcement Administration 2 or more years. FTA also proposes to responsibilities. This includes a add a requirement that agencies collect discussion of factors that lead to FTA Denial of Motor Vehicle Defect Petition reports from unit managers on a conducting a compliance review such as scheduled basis to determine what goals lawsuits, complaints, or investigations AGENCY: National Highway Traffic are being met and to review these conducted by organizations other than Safety Administration, (NHTSA), reports with all levels of management. FTA, insufficient EEO program Department of Transportation. Proposed subsection 2.2.6, submissions, EEO findings, or ACTION: Denial of a petition for a defect ‘‘Assessment of Employment Practices,’’ recommendations from prior triennial, investigation. removes reference to ‘‘Affirmative state management reviews that are Action’’ in the heading. It also proposes deficient. The chapter explains the EEO SUMMARY: This notice sets forth the to move discussion of self-analysis from compliance review process and the reasons for denying a petition (DP15– the Goals and Timetables section of the required steps for implementing 007) submitted to NHTSA under 49 current circular to proposed subsection corrective actions for any deficiencies U.S.C. 30162 and 49 CFR part 552, 2.2.6. We propose to add a requirement found during the review. The chapter requesting that the agency ‘‘have Toyota that statistical data show any potential also covers the complaint process and correct software defects in their impact of an agency’s employment how grantees can file a complaint. electronic throttle control software’’ and practices on persons with disabilities Proposed section 3.1, ‘‘Compliance then ‘‘issue a national recall of all and veterans. This includes the number Oversight,’’ updates the description of effected [sic] vehicles and have Toyota of applicants for employment, the types of oversight reviews and replace the old faulty code with the new number hired, and the number authorities for such reviews. FTA safer code.’’ promoted, cross-references by sex and proposes to change the description of FOR FURTHER INFORMATION CONTACT: Mr. race. Having this data will assist in compliance reviews to encompass all Stephen McHenry, Vehicle Control measuring the effectiveness of outreach reviews and remove the distinction Division, Office of Defects Investigation, and recruitment efforts for persons with between ‘‘Application Reviews’’ and NHTSA, 1200 New Jersey Avenue SE., disabilities and veterans. The proposed ‘‘Post-Approval Reviews’’ in the existing Washington, DC 20590. Telephone 202– section also adds requirements for a circular. Further, FTA proposes to 366–4883. Email stephen.mchenry@ description of the agency’s training change the frequency requirement for dot.gov. programs, review of wage and salary compliance reviews outside of the SUPPLEMENTARY INFORMATION: structure, establishment of privacy Triennial Review or State Management protocols, and collection of reports from Review cycle. The current circular 1.0 Introduction unit managers on a scheduled basis in requires these reviews ‘‘at least once Interested persons may petition a manner similar to Goals and every 3 years.’’ FTA proposes to change NHTSA requesting that the agency Timetables requirements. the frequency to allow FTA to initiate an investigation to determine

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whether a motor vehicle or item of granting Dr. Stobie’s petition. After full rates and resolutions for the pre-crash data replacement equipment does not consideration of the potential for signals. Any analysis of EDR data for Toyota comply with an applicable motor finding a safety related defect in the vehicles should apply these data time vehicle safety standard or contains a tolerances and resolutions at each of the pre- vehicle, and in view of NHTSA’s crash data points. defect that relates to motor vehicle enforcement priorities and its previous In 2010, NHTSA’s Vehicle Research and safety. 49 U.S.C. 30162(a)(2); 49 CFR investigations into this issue, the Test Center (VRTC) conducted testing to 552.1. Upon receipt of a properly filed petition is denied. validate the EDR pre-crash data used in petition, the agency conducts a NHTSA field investigations.3 The testing technical review of the petition, Appendix—Petition Analysis—DP15– found that the pre-crash data recorded by the material submitted with the petition, 007 Toyota EDR were accurate within the known and any additional information. 49 1.0 Introduction limitations resulting from the data resolution U.S.C. 30162(c); 49 CFR 552.6. The and sampling rates. The testing also On September 23, 2015, the National demonstrated that the EDR does not technical review may consist solely of a Highway Traffic Safety Administration necessarily capture all accelerator pedal review of information already in the (NHTSA) received a September 15, 2015 applications during an event and the possession of the agency, or it may letter from Dr. James Stobie, Ph.D. (the accelerator pedal voltage recorded at each include the collection of information petitioner), petitioning the agency to ‘‘have EDR time interval may not be the actual from the motor vehicle manufacturer Toyota correct software defects in their accelerator pedal voltage at that interval. electronic throttle control software’’ and then and/or other sources. After considering Subsequent studies have confirmed the ‘‘issue a national recall of all effected [sic] limitations of stored EDR pre-crash data in the technical review and taking into vehicles and have Toyota replace the old account appropriate factors, which may capturing the entire crash event due to the faulty code with the safer code.’’ The petition data refresh rates, data resolutions and EDR include, among others,, agency cites a crash that occurred as his wife was sampling rates.456 priorities, the likelihood of uncovering attempting to park their model year 2010 The EDR download report clearly notes sufficient evidence to establish the Lexus HS250H in an angled parking space these issues in the first two items of Data existence of a defect, and the likelihood facing a brick building and references two Limitations section on page one of the report: of success in any necessary enforcement previous Toyota unintended acceleration • Due to limitations of the data recorded defect petitions that NHTSA evaluated and litigation, the agency will grant or deny by the airbag ECU, such as the resolution, denied. Dr. Stobie’s petition also alleges that data range, sampling interval, time period of the petition. See 49 U.S.C. 30162(d); 49 new information not considered by the CFR 552.8. the recording, and the items recorded, the Agency in those prior petitions should be information provided by this data may not be 2.0 Petition Background Information evaluated by NHTSA. This new information sufficient to capture the entire crash. includes: (1) The facts and circumstances of • Pre-Crash data is recorded in discrete In a letter dated September 15, 2015, a crash that occurred as his wife was intervals. Due to different refresh rates within Dr. James Stobie (the petitioner) attempting to park their model year 2010 the vehicle’s electronics, the data recorded requested that NHTSA ‘‘have Toyota Lexus HS250H; (2) the source of EDR data in may not be synchronous to each other. correct software defects in their Toyota vehicles; (3) alleged defects in the electronic throttle control software’’ and Toyota Electronic Throttle Control (ETC) 2.1.2 National Research Council Report software; and (4) a recall conducted by In 2012, the National Research Council then ‘‘issue a national recall of all Honda in Japan. effected [sic] vehicles and have Toyota released a report that included a review of replace the old faulty code with the 2.0 Petition Analysis NHTSA’s processes for investigating allegations of sudden unintended safer code.’’ Dr. Stobie references two 2.1 Background acceleration in Toyota and other vehicles.7 previous defect petitions related to 2.1.1 EDR Data Limitations As noted in the agency’s denial of DP14–003, unintended acceleration in Toyota The Toyota EDR collects pre-trigger data the report concluded that NHTSA’s decision vehicles that NHTSA recently evaluated (vehicle speed, engine speed, brake switch to close its investigations of Toyota’s ETC and denied. The petitioner stated that status, and accelerator pedal position sensor were justified based on the initial his petition contains new information #1 voltage) from the vehicle’s High Speed investigations, complaint analyses, field affecting NHTSA’s conclusions in the Controller Area Network (HS–CAN), which is investigations using EDR data and NASA’s previous petition evaluations. This refreshed either periodically or immediately examination of the Toyota ETC. With regard includes: (1) Information related to a by the respective control modules. to allegations of low-speed surging with ineffective brakes, the report stated: crash that occurred as his wife was attempting to park their model year TABLE 1—EDR PRE-CRASH Reports of braking ineffectiveness in controlling a vehicle experiencing the onset 2010 Lexus HS250H; (2) the source of PARAMETERS, BY REFRESH RATE of unintended acceleration from a stopped EDR data in Toyota vehicles; (3) alleged position or when moving slowly requires an defects in the Toyota Electronic Throttle Parameter Refresh rate Resolution explanation for the ineffectiveness, such as Control (ETC) software; and (4) a recall Brake Switch Immediately On/Off. conducted by Honda in Japan. NHTSA 3 Engine RPM 24 ms ...... 400 RPM.1 ‘‘Event Data Recorder—Pre Crash Data Validation of Toyota Products,’’ NHTSA–NVS– has reviewed the material cited by the Vehicle 500 ms ...... 2 km/h.2 petitioner. The results of this review 20ll–ETC–SR07, February 2011. Speed. 4 and our evaluation of the petition are set Brown, R., White, S., ‘‘Evaluation of Camry HS– Accelerator 512 ms ...... 0.039 volts. CAN Pre-Crash Data,’’ SAE Technical Paper 2012– forth in the DP15–007 Petition Analysis Rate. 01–0996, 2012, doi: 10.4271/2012–01–0996. Report, published in its entirety as an 5 Brown, R., Lewis, L., Hare, B., Jakstis, M. et al., appendix to this notice. The EDR continuously performs 1 Hz ‘‘Confirmation of Toyota EDR Pre-crash Data,’’ SAE After a thorough assessment of the sampling of HS–CAN pre-trigger data and Technical Paper 2012–01–0998, 2012, doi: 10.4271/ material submitted by the petitioner, the stores the data in a temporary buffer. The 2012–01–0998. EDR only saves this data, along with the 6 Ruth, R., Bartlett, W., Daily, J., ‘‘Accuracy of information already in NHTSA’s Event Data in the 2010 and 2011 Toyota Camry possession, and the potential risks to trigger data, when it detects a triggering event such as a crash.2 Table 1 shows the refresh During Steady State and Braking Conditions,’’ SAE safety implicated by the petitioner’s Technical Paper 2012–01–0999, 2012, doi: 10.4271/ allegations, it is unlikely that an order 2012–01–0999. 1 EDR recorded data are rounded down in the 7 NRC. 2011. TRB Special Report 308: The Safety concerning the notification and remedy indicated resolution increments. Challenge and Promise of Automotive Electronics: of a safety-related defect would result 2 An event is triggered by detection of a Insights from Unintended Acceleration. from any proceeding initiated by deceleration of approximately 2 g’s. Washington, DC: National Academies Press, (164).

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physical evidence of damage to the brake 2.2.1 Driver’s Statement recorder (EDR) reading from a contractor system. Under these circumstances, Mrs. Stobie described the sudden hired by Toyota. It showed that for the last investigating for phenomena other than unintended acceleration incident in several 5 seconds before the crash, I was applying pedal misapplication absent an explanation complaints submitted to ODI from June 21, very light pressure to the gas pedal up until for the ineffectiveness of the brakes, which 2015 to August 17, 2015 (VOQ’s 10726415, the last .8 seconds. For the last .8 second the are independent of the throttle control system 10726781, and 10749195). She provided the EDR shows that my foot was on the brake and are designed to dominate engine torque, following statement in the most recent and the throttle was at nearly maximum is not likely to be useful. complaint (VOQ 10749195): value. During the last .8 seconds the car went My accident was caused by unintended from 5 mph to 9.9 mph and the engine rpm 2.2 Crash Incident acceleration. As I was slowly turning right went from 1200 to 2800. I did not apply The crash identified by the petitioner into a parking place, the car suddenly pressure to the gas pedal at this time. I was involved a sudden acceleration incident accelerated and crashed into a brick applying pressure to the brake pedal... experienced by his wife as she attempted to building. The force of the crash caused the park the family’s 2010 Lexus HS250H on air bags to deploy. There was so much 2.2.2 Event Data Recorder Data June 20, 2015, while on the grounds of the damage to the car that it was a total loss. The petitioner provided a copy of the EDR United States Naval Academy. After the crash I obtained the event data download data (Table 2).

TABLE 2—PRE-CRASH DATA FOR VOQ 10749195

Time (sec) ¥4.8 ¥3.8 ¥2.8 ¥1.8 ¥0.8 0 (TRG)

Vehicle Speed (MPH [km/h]) ...... 2.5 [4] ...... 1.2 [2] ...... 2.5 [4] ...... 3.7 [6] ...... 5 [8] ...... 9.9 [16]. Brake Switch ...... OFF ...... OFF ...... OFF ...... OFF ...... OFF ...... ON. Accelerator Rate (V [% full apply]) ...... 0.78 [0] ...... 0.98 [8] ...... 1.45 [27] ...... 1.41 [26] ...... 1.33 [22] ...... 3.32 [106]. Engine RPM (RPM) ...... 800 ...... 800 ...... 800 ...... 1,200 ...... 1,200 ...... 2,800.

The EDR data shows that at the most recent accelerator pedal was released, which must the agency related to Toyota EDR data dating EDR sample prior to impact (t = ¥0.8 s), the have occurred in the final half second of back to the joint NHTSA/NASA study, vehicle is nominally within 10 ft. of the travel. including the two previous petitions and building, travelling approximately 7 ft./s, the In addition, as noted by the petitioner, other studies referenced in that work, accelerator is at approximately 22 percent of brake testing conducted by Toyota field recognized and reported that the EDR full apply and the brake is not applied. The inspectors after the incident found that the samples Accelerator Rate voltage data from recorded data at the airbag trigger point (t = system performed normally and was capable the HS–CAN bus. Further, as discussed 0 s), shows that the accelerator pedal was of stopping a vehicle at full throttle: below, the engine computer software has fully applied 8 at sometime within 0.512 During the test drive they floored the been exhaustively examined, including seconds prior to the trigger point (see Section accelerator and then quickly slammed on the analysis in the NHTSA/NASA study, and no 2.1.1 EDR Data Limitations for the source and brakes. The car behaved as expected. one, even consultants who have offered refresh rate of Accelerator Rate) and the brake Nowhere did they find a safety defect. testimony asserting the software is defective, switch is ‘‘On.’’ Based on the recorded vehicle speeds, the has identified a specific and reproducible In support of his allegation that data vehicle was inside the parking space when mechanism or set of conditions that produces provided to the EDR was corrupted by an the most significant acceleration occurred. At unintended acceleration or the ‘‘false’’ data undefined software error, the petitioner notes this time and distance from impact, a driver phenomenon put forward in the petition. As that the EDR erroneously states that the brake would normally be applying the brake or noted in the prior work and in Section 2.1.1 pedal and accelerator were both being coasting and not applying the accelerator to of this report, the HS–CAN bus receives the pressed at the same time. Other vehicle data full throttle. Although the driver alleged that Accelerator Rate data from the engine control shows that they were not: This information the brakes were not effective during the module, which refreshes the data every 512 does not validate the conclusion adopted in incident, the brakes had no prior history of ms (see Table 1). the petition. Separate data downloaded from malfunction and the post-incident inspection The EDR continuously samples the HS– the Hybrid Control Unit (HCU) for the did not identify any issues with the brake CAN data once per second and stores the petitioner’s vehicle indicates that the brake system. Review of the EDR and HCU data data in a temporary buffer. The EDR only pedal and the accelerator pedal were not indicate very late activation of the Brake Stop saves this data, along with the trigger data, applied simultaneously at any time during Lamp Switch after full application of the when it detects a triggering event such as a the key cycle in which the petitioner’s accelerator pedal. These data do not support crash. Because of the manner in which the accident occurred.9 As noted above, the EDR the driver’s statement that the brake was ECM updates/refreshes the data to the HS– reads the position of the brake light switch applied when the acceleration occurred. CAN, the ‘‘recorded’’ Accelerator Rate data instantaneously while there can be a time lag Based on the foregoing information, this saved by the EDR is not necessarily the as long as 0.512 seconds in writing incident appears to be a case of pedal ‘‘actual’’ data at the precise time intervals accelerator position to the EDR. Since the misapplication. captured by the EDR. For example, the brake light switch was in the ON state at the Accelerator Rate recorded by the EDR for the air bag trigger point, this indicates that the 2.3 Source of EDR Data petitioner’s crash at the trigger point (t = 0 brake was not applied until after the The petitioner correctly notes that the EDR s) is not necessarily the actual data at the receives the Accelerator Rate voltage from the trigger point, but the most recent value 8 According to Toyota, an Accelerator Rate of engine computer and not directly from the refreshed to the HS–CAN over the prior 512 3.188 volts corresponds with a 100% accelerator pedal and asserts that this is ‘‘new critical ms. This explains why it is possible for the pedal application resulting in wide-open throttle. information about EDR data.’’ In the EDR data to show that the accelerator Any further application of the pedal may produce petitioner’s view, the analog to digital appeared to be applied fully at the same time higher voltage, but will not result in any additional conversion of the accelerator pedal signal the brake switch was in the ON position throttle opening. and subsequent processing by the engine when the HCU data shows that the brake and 9 The HCU receives data directly from the computer creates a potential pathway for an the accelerator were not applied Accelerator Pedal Position Sensor and Brake Stop unknown software error to create erroneous Lamp Switch and records any instance in which the simultaneously. accelerator position data. However, this is pedals are applied at the same time in a particular 2.4 Alleged Software Defects drive cycle. Hybrid motor protection logic will not ‘‘new’’ information about the source of override accelerator pedal signals that occur when the accelerator pedal position data sampled The petitioner states that software defect the brake is applied. and recorded by the EDR. All prior work by theories posited by plaintiff experts in

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unintended acceleration litigation against the programming flaws and operating DEPARTMENT OF TRANSPORTATION Toyota is new evidence since the joint conditions: NHTSA/NASA study. However, ODI has The vehicle may lurch forward due to National Highway Traffic Safety previously reviewed this information during excessive driving force generated by the Administration its evaluation of DP14–003. The petitioner does not provide any new information about motor if the accelerator pedal is pressed [Docket No. NHTSA–2013–0109, Notice 2] the theories or his allegations of defects in strongly when the vehicle is in Engine mode the Toyota ETC software. As noted in ODI’s and shifted into Drive or Reverse, or the Decision That Certain Nonconforming denial report for DP14–003, the software vehicle is in EV mode and being operated on Model Year 2006–2007 European defect theories failed to identify a precise a slope. The vehicle may also lurch forward Market Ferrari 599 GTB Passenger cause for sudden acceleration, the software momentarily due to excessive driving force Cars Manufactured Prior to September experts did not reproduce the alleged generated by the motor when switching from 2007 Are Eligible for Importation software defects in testing, and the theorized EV mode to Engine mode after being in stop conditions did not result in sudden and go traffic. AGENCY: National Highway Traffic acceleration when artificially simulated. We Honda was able to reproduce the Safety Administration (NHTSA), find no basis for concluding that the software Department of Transportation (DOT). defect theories constitute scientifically valid conditions described in the recall and evidence or could explain the incident develop a software update to address the ACTION: Grant of petition. alleged by the petitioner. ‘‘lurching’’ concerns. The conditions SUMMARY: ODI’s assessment of the software defect addressed by the Honda recall are associated This document announces a theories is not substantially different from with brief surges that occur when the decision by the National Highway that of one of the plaintiff attorneys who accelerator pedal is being applied under Traffic Safety Administration (NHTSA) hired the software experts. These plaintiff specific operating conditions and, thus, are that certain model year (MY) 2006–2007 attorneys provided the following not related to the petitioner’s incident or European market Ferrari 599 GTB characterization of the software experts’ work allegations (which claim sustained passenger cars (PCs) manufactured prior and findings in a document related to the acceleration during brake application), nor to September 2007 that were not Toyota SUA property loss settlement in 2013: have they been observed in the general originally manufactured to comply with While Plaintiffs’ software experts raised population of Toyota ETC vehicles. Finally, all applicable Federal motor vehicle certain software design and architecture ODI is not aware of any vehicle defect safety standards (FMVSS), are eligible issues, they have not been able to identify a for importation into the United States defect that is responsible for the vast array theories, from the software experts cited by of SUAs reported to Toyota and NHTSA by the petitioner or anyone else, that have because they are substantially similar to vehicle owners. More specifically, Plaintiffs similarly documented and reproduced a vehicles originally manufactured for have been unable to reproduce a UA in a sudden unintended acceleration condition in importation into and sale in the United Subject vehicle under driving conditions.10 the Toyota vehicles that would be States that were certified by their In addition, an October 2013 order from attributable to the electronic throttle control manufacturer as complying with the the presiding judge in the Toyota ETC multi- software in those vehicles. safety standards (the U.S. certified district litigation provided the following version of the MY 2007 Ferrari 599 GTB 3.0 Conclusion characterization of the software defect PC), and they are capable of being theories cited by the petitioner when issuing The petitioner does not provide any new readily altered to conform to the a ruling in a sudden acceleration case: evidence in support of his petition. In our standards. Toyota’s Motion for Summary Judgment is view, a defects investigation is unlikely to premised on the uncontroverted fact that result in a finding that a defect related to DATES: This decision became effective Plaintiff has been unable to identify a precise motor vehicle safety exists, or a NHTSA on February 26, 2016. software design or manufacturing defect and order for the notification and remedy of a ADDRESSES: For further information point to physical or otherwise traceable safety related defect as alleged by the contact George Stevens, Office of evidence that the defect actually caused the petitioner, at the conclusion of the requested Vehicle Safety Compliance, NHTSA Camry throttle to open from an idle position investigation. Therefore, given a thorough (202–366–5308). to a much wider angle without analog input from the driver via the accelerator pedal. To analysis of the potential for finding a safety SUPPLEMENTARY INFORMATION: related defect in the vehicle, and in view of a lesser extent, it is also premised upon the Background fact that Plaintiff cannot prove the actual NHTSA’s enforcement priorities and its failure of Toyota’s fail-safe mechanisms in previous investigations into this issue, the Under 49 U.S.C. 30141(a)(1)(A), a the Camry on the day of the collision. petition is denied. This action does not motor vehicle that was not originally constitute a finding by NHTSA that a safety 2.5 The Honda Example manufactured to conform to all related defect does not exist. The agency will applicable FMVSS shall be refused The petitioner references a 2014 recall of take further action if warranted by future admission into the United States unless 175,000 Honda Fit vehicles in Japan as an circumstances. example of a software defect causing NHTSA has decided that the motor unintended acceleration accidents (Honda Authority: 49 U.S.C. 30162(d); delegations vehicle is substantially similar to a Foreign Campaign Number 14F–057). The of authority at 49 CFR 1.50 and 501.8. motor vehicle originally manufactured Honda recall addressed programming flaws Frank S. Borris II, for importation into and sale in the that may result in unintended acceleration United States, certified as required during specific operating conditions. Honda’s Acting Associate Administrator for under 49 U.S.C. 30115, and of the same Enforcement. Foreign Recall Report to NHTSA described model year as the model of the motor [FR Doc. 2016–04605 Filed 3–2–16; 8:45 am] vehicle to be compared, and is capable 10 Berman, S., Seltzer, M., and Pitre,. F. (2013, BILLING CODE 4910–59–P of being readily altered to conform to all April 23). Plaintiff’s Memorandum in Support of Plaintiffs’ Motion for an Award of Attorneys’ Fees, applicable FMVSS. Reimbursement of Expenses, and Compensation to Petitions for eligibility decisions may Named Plaintiffs, page 12. In Re: Toyota Motor be submitted by either manufacturers or Corp. Unintended Acceleration Marketing, Sales importers who have registered with Practices, and Products Liability Litigation. United States District Court, Central District of California. NHTSA pursuant to 49 CFR part 592. As Case No. 8:10ML2151. Retrieved from https:// specified in 49 CFR 593.7, NHTSA www.toyotaelsettlement.com/Home/CaseDocs. publishes notice in the Federal Register

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of each petition that it receives, and 599 GTB PC and are capable of being modifications noted in the petition, the affords interested persons an readily altered to comply with all driver’s outside rearview mirror would opportunity to comment on the petition. applicable FMVSS. NHTSA has also need to be replaced. At the close of the comment period, decided that an RI who imports or JK responded that no comment is NHTSA decides, on the basis of the modifies one of these vehicles must necessary. petition and any comments that it has include in the statement of conformity NHTSA has decided that proof, received, whether the vehicle is eligible and associated documents (referred to as including photographs, must be for importation. The agency then a ‘‘conformity package’’) it submits to submitted with each conformity package publishes this decision in the Federal NHTSA under 49 CFR 592.6(d) specific to show that the vehicle is equipped Register. proof, as described below, to show that with a driver’s side rear view mirror that J.K. Technologies, LLC, of Baltimore, the vehicle was manufactured to allows the vehicle to meet the Maryland (‘‘JK’’) (Registered Importer# conform to, or was successfully altered applicable requirements of FMVSS No. RI–90–006), petitioned NHTSA to to conform to, each of the following 111. decide whether MY 2006–2007 standards: FMVSS No. 114 Theft Protection and European market Ferrari 599 GTB PCs FMVSS No. 101 Controls and Rollaway Prevention: As was the case manufactured prior to September 2007 Displays: FNA commented that the with FMVSS Nos. 101 and 108, FNA are eligible for importation into the Electronic Control Unit (‘‘ECU’’) for the contended that reprogramming could United States. NHTSA published a instrument cluster would have to be only be completed with proprietary notice of the petition on March 24, 2014 ‘‘reflashed’’ with a ‘‘Proxy’’ file from the hardware and software that is not (79 FR 16099) to afford an opportunity Ferrari factory to ensure that all of the available to RIs and can only be for public comment. The reader is other ECUs on the Control Area obtained from Ferrari and/or FNA. referred to that notice for a thorough Network (‘‘CAN’’) are aware of the new JK responded that it has the Ferrari description of the petition. ECU and are communicating properly. tools and the required access to reflash FNA additionally commented that the Comments all computers as required. necessary reprogramming to achieve NHTSA has decided that a On April 23, 2014, NHTSA received conformity to the standard can only be description of how the programming comments from Ferrari North America, completed with proprietary hardware changes were completed and how Inc. (FNA), on behalf of Ferrari SpA, the and software which is not available to compliance was verified must vehicle’s original manufacturer. In its RI’s and can only be obtained from accompany each conformity package. comments, Ferrari stated that while it Ferrari and/or FNA. Additionally, photographs, printouts, agreed that the U.S.- and the non-U.S.- JK responded that it has the Ferrari and/or screenshots, as practicable, must certified versions of the vehicle are tools and the required access to reflash be submitted as proof that the ‘‘substantially similar’’ within the all computers as required. reprogramming was carried out meaning of 49 U.S.C. 30141(a)(1)(A)(i), NHTSA has decided that a successfully. it strongly disputed JK’s assertions that description of how the programming the non-U.S.-certified version could be changes were completed and how FMVSS No. 118 Power-Operated readily altered to comply with all compliance with the standard was Window, Partition, and Roof Panel applicable FMVSS. FNA elaborated by verified must be included in each Systems: FNA commented that the presenting detailed reasons for its conformity package. Photographs, reprogramming identified by JK is not assertions with respect to specific printouts, and/or images of the necessary for the vehicles to conform to FMVSS. installation computer’s monitor the standard. On May 21, 2014, NHTSA forwarded (‘‘screenshots’’), as practicable, must Despite FNA’s comment, NHTSA has FNA’s comments to JK to accord it an also be submitted as proof that the decided that a description of how the opportunity to respond and asked it to reprogramming was carried out vehicle’s conformity was determined submit its response by June 4, 2014. By successfully. must accompany each conformity letter dated June 10, 2014, JK requested FMVSS No. 108 Lamps, Reflective package. If any modifications were a 45-day extension in order to gather Devices, and Associated Equipment: necessary to achieve conformity, a engineering data to adequately address FNA commented that the description of those modifications must the concerns raised by FNA. NHTSA reprogramming identified by JK would be included in the conformity package. approved JK’s request for extension. JK necessitate reflashing the control system FMVSS No. 138 Tire Pressure provided its initial response on August with a ‘‘Proxy’’ file from the Ferrari Monitoring Systems: In its petition, JK 17, 2014 and submitted supplemental Factory in order to assure that all claimed that the subject non-U.S.- information on February 17, 2015. aspects of the lighting system perform in certified vehicles conform to FMVSS A summary of FNA’s comments, JK’s accordance with this standard. No. 138 as originally manufactured. responses, and the conclusions that JK responded that it has the Ferrari FNA commented that tire pressure NHTSA has reached with regard to the tools and the required access to reflash monitoring systems (TPMS) are not issues raised by the parties is set forth all computers as required. standard equipment on all European below. NHTSA has decided that a Ferrari 599 GTB vehicles and that description of how the programming substantial work would be required to Analysis of Comments and Agency changes were accomplished and how bring vehicles into compliance with the Conclusions compliance with FMVSS No. 108 is standard. FNA further asserted that NHTSA has reviewed the petition, verified must accompany each because of the extent and complexity of FNA’s comments and JK’s responses to conformity package. Photographs, the required changes, vehicles not those comments, and has concluded printouts, and/or screenshots, as originally equipped with TPMS cannot that only the nonconforming European practicable, must also be submitted as be ‘‘readily altered’’ to comply with the Market versions of the vehicles proof that the reprogramming was standard. described in the petition are carried out successfully. JK responded that it has access to the substantially similar to the U.S.-certified FMVSS No. 111 Rearview Mirrors: appropriate equipment and has version of the MY 2006 and 2007 Ferrari FNA commented that in addition to the experience in installing TPMS and the

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equipment to make sure those systems The reason the seats need to be replaced detailed description of the occupant are working properly. is NOT a safety issue. It’s a leather matching protection system in place on the NHTSA notes that because the subject issue. If you ‘‘choose’’ to replace the vehicle at the time it was delivered to nonconforming vehicles were passenger seat so that you get the U.S. seat the RI and a similarly detailed with the baby seat tether hole, then you must manufactured prior to September 1, replace the driver’s seat to match the leather description of the occupant protection 2007, the date on or after which 100% color [in the a replaced passenger seat]. system in place after the vehicle is of passenger cars must meet the If you choose to make a template and cut altered, including photographs of all requirements of FMVSS No. 138, the hole for the baby seat tether [in the required labeling. The description must compliance of the subject vehicles with passenger seat] then you do not need to also include assembly diagrams and FMVSS No. 138 is not an issue. An RI replace either seat. There is NO difference in associated part numbers for all only needs to conform a vehicle to the design or mounting points between the components that were removed from standards that are fully phased in by the European seats and the U.S. seats. There are and installed on the vehicle, a differences in the levels of the leather and description of how the programming vehicle’s date of manufacture. options in both the U.S. seats and the FMVSS No. 205 Glazing Materials: European seats. changes were completed, and a FNA commented that JK’s assertion that description of how compliance was NHTSA has decided that a the glazing material complies with the verified. Additionally, photographs description of the seating systems standard was incorrect. FNA states that (e.g., screenshots) or report printouts, as present on the vehicle at the time of the rear corner glazing directly behind practicable, must be submitted as proof importation, including all differences the B-Pillar on both sides of the vehicle that the reprogramming was carried out from the U.S.-model, with part numbers is made of plastic, which does not successfully. Proof must also be and diagrams where applicable, and a comply with the standard. furnished that all portions of the description of all modifications JK responded that the vehicle it instrument panel in the vehicle, after all necessary to conform the vehicle to the inspected was equipped with compliant conformance modifications are standard must accompany each glazing, as it is properly labeled. JK performed, are identical to the U.S. conformity package. Additionally, states that each vehicle imported will be version instrument panel, or proof in photographs, as practicable, must be inspected and if not in compliance, will the form of dynamic test results submitted as proof that modifications be brought into compliance by adding showing that the vehicle, as altered, were carried out successfully. conforms to the unbelted occupant the appropriate glass. FMVSS No. 208 Occupant Protection: NHTSA has decided that requirements of FMVSS No. 208. FNA commented that JK did not FMVSS No. 209 Seat Belt Assemblies: photographic evidence of the required identify all components that need to be FNA commented that, as JK markings to demonstrate that the glazing replaced in order to bring the airbag acknowledged in the petition, some complies with the standard must be system into compliance. FNA European market vehicles are equipped submitted with each conformity specifically notes that the European with four-point seat belt assemblies that package. versions of the subject vehicles are not do not comply with this standard. FNA FMVSS No. 207 Seating Systems: equipped with a ‘‘PASS AIR BAG OFF’’ contends that the belts could not simply FNA commented that replacement of telltale, which is required for be replaced by a registered importer, the driver and passenger seats with compliance. Additionally, FNA stated due to the absence of an anchorage on U.S.-model components would not be that JK did not identify certain portions the B-pillar. physically possible in the European of the instrument panel that differ from JK responded that the vehicle it market model due to differences in the those on the U.S.-certified version of the inspected was equipped with ‘‘the chasses. Specifically, FNA stated that vehicle and that would have to be correct belts.’’ JK indicated that if a the chassis in the U.S.-model vehicles changed to assure compliance with the vehicle is equipped with the non- ‘‘dips down in order to accommodate unbelted crash requirements of the compliant four-point seat belts it can the weight sensors needed to comply standard. make the appropriate tools to install the with the requirements of FMVSS No. JK responded that the installation of correct belts, using a U.S.-model vehicle 208.’’ the U.S. version instrument panel and as a guide. JK disagreed with FNA’s claim that reprogramming will ensure that a NHTSA has decided that each there is a ‘‘dip’’ in the chassis, but noted compliant system is installed providing conformity package must include that some of the chasses have ‘‘different the telltales that meet the requirements photographic evidence that conforming seat mounts.’’ JK provided parts listings of FMVSS No. 208. safety belts have been installed in the and diagrams showing the different JK further stated that after the brackets vehicle. Safety belt anchorages are mounts. are removed, it can install the rails and addressed in the following discussion of JK also responded that the seat frames seats properly with the software and FMVSS No. 210. and mounting points are the same in the systems. JK states that it will program, FMVSS No. 210 Seat Belt Assembly U.S.-model and European market reset, and test the systems, bringing Anchorages: In the petition, JK claims vehicles, but observed that there are them into compliance with the that the subject non-U.S. certified four brackets that are welded to the standard. vehicles conform to FMVSS No. 210 as [chasses] of the European market JK later clarified that the European originally manufactured. FNA vehicles on the passenger side only that vehicle it inspected was equipped with commented that European market could be removed, and U.S.-model seats the proper parts as well as the proper vehicles that were equipped with and seat runners installed onto the programs and systems to meet the optional four-point harnesses lack b- resulting flat surface of the [chassis]. requirements of the standard in the pillar anchorages that are necessary for Ferrari also commented that, ‘‘JKT same manner as the U.S.-version of the the installation of compliant three-point acknowledges that both driver and vehicle, including the complete harnesses. FNA expressed concern passenger seating systems in the instrument systems, dash, and about the ability of an RI to install this European vehicle must be replaced with ‘‘passenger airbag off’’ light. anchorage and ensure that it meets the U.S. seats.’’ NHTSA has decided that each performance requirements of the JK responded: conformity package must include a standard without Ferrari’s templates

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and tools, which are only used during insure compliance with FMVSS No. vehicle to fall out of compliance with production. 301. any other applicable FMVSS. JK responded that no comment was JK responded that any vehicle found NHTSA’s Decision to be equipped with the optional belts necessary. and lacking the aforementioned NHTSA has decided that the fuel Accordingly, on the basis of the anchorage would have to be modified to system modifications identified in the foregoing, NHTSA hereby decides that meet this standard. JK further states that petition are necessary to bring the model year 2006 and 2007 European it will draw a template from a U.S. vehicles into compliance with the market Ferrari 599 GTB passenger cars donor vehicle and that, as a result, all standard. Additionally, NHTSA has not originally manufactured to comply parts and engineering of the anchorage decided that each conformity package with all applicable FMVSS and would be identical to the Ferrari must include a detailed description of manufactured from September 1, 2006 mounting point. JK asserts that less than all modifications made to achieve to August 31, 2007 are substantially one percent of production is equipped conformity with the standard. This similar to model year 2007 Ferrari 599 with the optional belts. description must include part numbers GTB passenger cars manufactured prior NHTSA has decided that conformity for each part replaced and be supported to September 1, 2007 for importation packages for vehicles that require with photographic evidence of the into and/or sale in the United States and modification must include a detailed modifications made to achieve certified under 49 U.S.C. 30115, and are description of the alterations made to conformity. capable of being readily altered to achieve conformity with the standard. FMVSS No. 401 Interior Trunk conform to all applicable Federal Motor The description must include sufficient Release: FNA expressed agreement that Vehicle Safety Standards. information to validate how the the modifications described in the Vehicle Eligibility Numbers: Ferrari alterations allowed the vehicle to meet petition are necessary to conform the stated in its comments on the subject the requirements of the standard. This vehicle to the standard. The company petition that it did not certify any information must include photographic noted, however, that the reprogramming Ferrari 599 GTB passenger cars as model evidence that the modification was could only be completed with year 2006 for the U.S.-market. The carried out, as well as testing and/or proprietary hardware and software, agency notes that it previously decided engineering analysis reports which is not available to RIs and can that model year 2006 Ferrari 599 [GTB 1] documenting how the RI has verified only be obtained from Ferrari and/or passenger cars not originally that the alterations will allow the FNA. manufactured to comply with all JK responded that it has access to all vehicle to meet all applicable applicable FMVSS manufactured prior of the parts and programming necessary requirements of the standard. to September 1, 2006 are eligible for to bring the vehicle into compliance. FMVSS No. 225 Child Restraint importation as model year 2006 vehicles NHTSA has decided that each under VSP–518 (75 FR 34524). At the Anchorage Systems: FNA stated that conformity package must include a European market vehicles do not time, NHTSA relied on Ferrari’s description of how the programming submission of VIN deciphering include a top tether anchor plate that is changes were completed and how included on U.S. market vehicles. FNA information under 49 CFR part 565, compliance was verified. Additionally, dated February 22, 2006, which further expressed doubts about an photographs, printouts, and/or anchorage installed by an RI being able indicated that the company planned to screenshots, as practicable, must be apply the model year 2006 designation to meet the strength requirements of the submitted as proof that the standard. to Ferrari 599 GTB passenger cars reprogramming was carried out. manufactured for sale in the United JK responded that it has the parts and 49 CFR part 581 Bumper Standard: States. The agency also took note of the tools to install the anchorage properly. FNA commented that in addition to the fact that Ferrari did not comment on the NHTSA has decided that conformity modifications described by JK in its petition that resulted in eligibility packages for vehicles that require petition, additional bumper number VSP–518 with regard to the modification must include a detailed reinforcements would have to be model year designation. description of the alterations made to installed in both the front and the rear After the original 2006 Ferrari 599 achieve conformity with the standard. of the vehicle. The description must include sufficient JK responded that no comment was GTB petition was granted on July 7, information to validate how the necessary. 2009, NHTSA amended the definition of alterations allowed the vehicle to meet NHTSA has decided that each the term ‘‘model year’’ in 49 CFR 593.4 the requirements of the standard. This conformity package must include a for the purpose of import eligibility information must include photographic detailed description of all modifications decisions. The amendment was made to evidence that the modification was made to achieve conformity with the eliminate much of the confusion carried out, as well as testing and/or standard, including necessary confronting RIs over the issue of engineering analysis reports modifications to the bumper whether a given vehicle manufactured documenting how the RI has verified reinforcements. This description must for sale abroad has a substantially that the alterations will allow the include part numbers for each part similar U.S.-certified counterpart of the vehicle to meet all applicable replaced and be supported with same model year. The amendment, requirements of the standards. photographic evidence of the made in a final rule published on FMVSS No. 301 Fuel System Integrity: modifications made to achieve August 25, 2011 (76 FR 53072), deleted FNA stated that the modifications to the conformity. ‘‘the calendar year that begins on fuel system that JK identified in the In addition to the information September 1 and ends on August 31 of petition, while necessary to comply specified above, each conformity the next calendar year,’’ as one of the with emissions requirements, have no package must include evidence showing alternative definitions of the term bearing on compliance with FMVSS No. how the RI verified that the changes it 1 made in loading or reprograming At the time the decision was made, the full 301. However, FNA additionally stated model name was abbreviated in the grant notice for its belief that the addition of rear vehicle software to achieve conformity the petition. The full model name is included here bumper reinforcements is necessary to with each FMVSS did not also cause the for consistency.

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‘‘model year.’’ In place of the deleted 573, Defect and Noncompliance closing date will also be filed and will text, the amendment added the Responsibility and Reports. Supreme be considered to the extent possible. following alternative definition: ‘‘The then petitioned NHTSA under 49 CFR When the petition is granted or denied, calendar year (i.e., January 1 through part 556 requesting a decision that the notice of the decision will be published December 31) in which manufacturing subject noncompliance is in the Federal Register pursuant to the operations are completed on the vehicle inconsequential to motor vehicle safety. authority indicated below. at its place of main assembly.’’ DATES: The closing date for comments SUPPLEMENTARY INFORMATION: In light of this change in the on the petition is April 4, 2016. I. Overview definition of ‘‘model year,’’ as well as ADDRESSES: Interested persons are Ferrari’s failure to raise any issue invited to submit written data, views, Pursuant to 49 U.S.C. 30118(d) and regarding the model year designation in and arguments on this petition. 30120(h) (see implementing rule at 49 response to the original model year 2006 Comments must refer to the docket and CFR part 556), Supreme submitted a 599 GTB petition, NHTSA considers notice number cited at the beginning of petition for an exemption from the Ferrari’s comment on this issue in the this notice and submitted by any of the notification and remedy requirements of subject petition to be moot. following methods: 49 U.S.C. Chapter 301 on the basis that Consequently, NHTSA reaffirms that • Mail: Send comments by mail this noncompliance is inconsequential nonconforming Ferrari 599 GTB addressed to: U.S. Department of to motor vehicle safety. This notice of receipt of Supreme’s passenger cars manufactured between Transportation, Docket Operations, M– petition is published under 49 U.S.C. January 1, 2006 and August 31, 2006 30, West Building Ground Floor, Room 30118 and 30120 and does not represent continue to be eligible under VSP–518. W12–140, 1200 New Jersey Avenue SE., any agency decision or other exercise of NHTSA has also decided that Washington, DC 20590. nonconforming model year 2006 • Hand Deliver: Deliver comments by judgment concerning the merits of the European market Ferrari 599 GTB hand to: U.S. Department of petition. passenger cars manufactured from Transportation, Docket Operations, M– II. Buses Involved September 1, 2006 through December 30, West Building Ground Floor, Room 31, 2006 and nonconforming model year Affected are approximately 21 MY W12–140, 1200 New Jersey Avenue SE., 2015–2016 Supreme Classic American 2007 European market Ferrari 599 GTB Washington, DC 20590. The Docket passenger cars manufactured from Trolley buses manufactured between Section is open on weekdays from 10 October 1, 2014 and November 2, 2015. September 1, 2006 through December a.m. to 5 p.m. except Federal Holidays. 31, 2007, are admissible under vehicle • Electronically: Submit comments III. Noncompliance eligibility number VSP–576. This electronically by: logging onto the Supreme explains that the number must be indicated on the form Federal Docket Management System noncompliance is that the windshields HS–7 accompanying entry of the (FDMS) Web site at http:// on the subject Trolley’s do not contain vehicles eligible for entry. www.regulations.gov/. Follow the online the ‘‘AS1’’ markings as required by Authority: 49 U.S.C. 30118, 30120: instructions for submitting comments. paragraph S6 of FMVSS No. 205. delegations of authority at 49 CFR 1.95 and Comments may also be faxed to (202) 501.8. 493–2251. IV. Rule Text Jeffrey M. Giuseppe, Comments must be written in the Paragraph S6 of FMVSS No. 205 Director, Office of Vehicle Safety Compliance. English language, and be no greater than requires in pertinent part: 15 pages in length, although there is no S6. Certification and marking. [FR Doc. 2016–04616 Filed 3–2–16; 8:45 am] limit to the length of necessary BILLING CODE 4910–59–P S6.1 A prime glazing material attachments to the comments. If manufacturer, must certify, in accordance comments are submitted in hard copy with 49 U.S.C. 30115, each piece of glazing DEPARTMENT OF TRANSPORTATION form, please ensure that two copies are material to which this standard applies that provided. If you wish to receive is designed— National Highway Traffic Safety confirmation that your comments were (a) As a component of any specific motor vehicle or camper; or Administration received, please enclose a stamped, self- addressed postcard with the comments. (b) To be cut into components for use in [Docket No. NHTSA–2015–0126; Notice 1] motor vehicles or items of motor vehicle Note that all comments received will be equipment. Supreme Corporation, Receipt of posted without change to http:// S6.2 A prime glazing manufacturer Petition for Decision of www.regulations.gov, including any certifies its glazing by adding to the marks Inconsequential Noncompliance personal information provided. required by section 7 of ANSI/SAE Z26.1– Documents submitted to a docket may 1996, in letters and numerals of the same AGENCY: National Highway Traffic be viewed by anyone at the address and size, the symbol ‘‘DOT’’ and a manufacturer’s Safety Administration (NHTSA), times given above. The documents may code mark that NHTSA assigns to the Department of Transportation (DOT). also be viewed on the Internet at manufacturer. NHTSA will assign a code http://www.regulations.gov by following mark to a manufacturer after the ACTION: Receipt of petition. manufacturer submits a written request to the the online instructions for accessing the Office of Vehicle Safety Compliance, SUMMARY: Supreme Corporation dockets. DOT’s complete Privacy Act National Highway Traffic Safety (Supreme), has determined that certain Statement is available for review in the Administration, 400 Seventh Street SW., model year (MY) 2015–2016 Supreme Federal Register published on April 11, Washington, DC 20590. The request must Classic American Trolley buses 2000, (65 FR 19477–78). include the company name, address, and a manufactured between October 1, 2014 The petition, supporting materials, statement from the manufacturer certifying and November 2, 2015, do not fully and all comments received before the its status as a prime glazing manufacturer as comply with paragraph S6 of Federal close of business on the closing date defined in S4. Motor Vehicle Safety Standard (FMVSS) indicated above will be filed and will be In addition, paragraph S5.1 of FMVSS No. 205, Glazing Materials. Supreme considered. All comments and No. 205 incorporates by reference ANSI filed a report pursuant to 49 CFR part supporting materials received after the Z26.1–1996 and other industry

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standards. Specifically, Section 7 exempt manufacturers only from the New Jersey Avenue SE., Washington, (Marking of Safety Glazing Materials) of duties found in sections 30118 and DC 20590, (202) 366–9721. ANSI Z26.1–1996 requires that: 30120, respectively, to notify owners, Dated: February 26, 2016. In addition to any other markings required purchasers, and dealers of a defect or Brandon M. Belford, noncompliance and to remedy the by law, ordinance, or regulation, all safety Deputy Assistant Secretary for Aviation and glazing materials manufactured for use in defect or noncompliance. Therefore, any International Affairs. accordance with this standard shall be decision on this petition only applies to [FR Doc. 2016–04676 Filed 3–2–16; 8:45 am] legibly and permanently marked in letters the subject buses that Supreme no and numerals . . . with the words American longer controlled at the time it BILLING CODE 4910–9X–P National Standard or the characters AS and determined that the noncompliance . . . In addition to the preceding markings existed. However, any decision on this and immediately adjacent to the words DEPARTMENT OF THE TREASURY American National Standard or the petition does not relieve equipment characters AS, each piece of glazing material distributors and dealers of the Internal Revenue Service shall further be marked . . . if complying prohibitions on the sale, offer for sale, with the requirements of Section 4, or introduction or delivery for Low Income Taxpayer Clinic Grant Application of Tests, Item 1 with the numeral introduction into interstate commerce of Program; Availability of 2016 1; . . . the noncompliant buses under their Supplemental Grant Application Period V. Summary of Supreme’s Analyses control after Supreme notified them that the subject noncompliance existed. AGENCY: Internal Revenue Service (IRS), Supreme stated its belief that the Treasury. Authority: 49 U.S.C. 30118, 30120: subject noncompliance is ACTION: Delegations of authority at 49 CFR 1.95 and Notice. inconsequential to motor vehicle safety 501.8. for the following reasons: SUMMARY: This document contains a (1) Supreme stated that the subject Jeffrey M. Giuseppe, Notice that the IRS is accepting windshields meet all performance and Director, Office of Vehicle Safety Compliance. applications from qualified other requirements of FMVSS No. 205 [FR Doc. 2016–04617 Filed 3–2–16; 8:45 am] organizations for a part-year Low Income Taxpayer Clinic (LITC) with the exception of the subject BILLING CODE 4910–59–P noncompliance. matching grant to provide (2) Supreme stated its belief that representation to low income taxpayers repair services for the subject DEPARTMENT OF TRANSPORTATION and education about taxpayer rights and windshields will not be affected because responsibilities to individuals who replacement windshields are typically Office of the Secretary speak English as a second language in obtained through Supreme distributors certain identified geographic areas. The who have the correct and compliant Application of Exec Air Inc. of Naples grant will cover the last six months of replacement glazing. D/B/A Execair for Commuter Authority the 2016 grant year, from July 1, 2016, (3) Supreme also stated that they have through December 31, 2016. The not received any consumer complaints, AGENCY: Department of Transportation. supplemental application period shall claims, or warranty claims related to ACTION: Notice of order to show cause run from March 1, 2016, to April x1, this noncompliance. (Order 2016–2–23); Docket DOT–OST– 2016. (4) Supreme additionally made 2014–0149. Despite the IRS’s efforts to foster mention of similar inconsequential parity in availability and accessibility in noncompliance petitions that were SUMMARY: The Department of the selection of organizations receiving granted by the agency relating Transportation is directing all interested LITC matching grants and the continued noncompliances that Supreme believes persons to show cause why it should increase in clinic services nationwide, are similar to the subject FMVSS No. not issue an order tentatively finding there remain communities that are 205 noncompliance. Exec Air Inc. of Naples d/b/a ExecAir underrepresented by clinics. Supreme has informed NHTSA that fit, willing, and able to provide For the supplemental application for all affected vehicles that remain in scheduled passenger service as a period, the IRS will focus on geographic Supreme’s inventory and the inventory commuter air carrier using small aircraft areas where there is limited or no clinic of Supreme’s distributors, permanent pursuant to Part 135 of the Federal representation. markings in compliance with FMVSS Aviation Regulations. The IRS will award up to $1.28 No. 205 will be added to the vehicle DATES: Persons wishing to file million in funding to qualifying windshields before delivery under a sale objections should do so no later than organizations, subject to the limitations or lease. March 11, 2016. of Internal Revenue Code section 7526. In summation, Supreme believes that A qualifying organization may receive a ADDRESSES: Objections and answers to the described noncompliance of the matching grant of up to $100,000 per objections should be filed in Docket subject windshields is inconsequential year. Organizations currently receiving a DOT–OST–2014–0149 and addressed to to motor vehicle safety, and that its grant are not eligible to apply during U.S. Department of Transportation, petition, to exempt Supreme from this supplemental application period. Docket Operations, (M–30, Room W12– providing recall notification of Grant funds may be awarded for start- 140), 1200 New Jersey Avenue SE., West noncompliance as required by 49 U.S.C. up expenditures incurred during the Building Ground Floor, Washington, DC 30118 and remedying the recall grant year. The selection process for 20590, and should be served upon the noncompliance as required by 49 U.S.C. these part-year grants may not be parties listed in Attachment A to the 30120 should be granted. complete before the beginning of the NHTSA notes that the statutory order. application period for the 2017 grant provisions (49 U.S.C. 30118(d) and FOR FURTHER INFORMATION CONTACT: year; thus, applicants for a part-year 30120(h)) that permit manufacturers to Catherine J. O’Toole, Air Carrier Fitness grant will be expected to submit a file petitions for a determination of Division (X–56, Room W86–489), U.S. separate application for full-year inconsequentiality allow NHTSA to Department of Transportation, 1200 funding for the 2017 grant year during

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the 2017 grant application period, when Below is a list that contains the announced later this year. identified underserved geographic areas:

State or territory Areas

Alabama ...... Statewide. California ...... El Dorado, Imperial, Nevada, Placer, Riverside, Sacramento, San Bernardino, Sutter, Yolo, and Yuba counties. Colorado ...... Statewide. Georgia ...... Statewide. Illinois ...... Southern Part of the State. Mississippi ...... Statewide. Nevada ...... Statewide. New Mexico ...... Statewide. New York ...... Nassau and Suffolk counties. North Carolina ...... Statewide. North Dakota ...... Statewide. Oklahoma ...... Statewide. Puerto Rico ...... Commonwealth-wide. South Carolina ...... Statewide. Tennessee ...... Eastern Part of the State. Texas ...... Statewide. Utah ...... Statewide. Washington ...... Central Part of the State.

Qualifying organizations that provide organization is otherwise excluded from income taxpayers in controversies with representation to low income taxpayers or ineligible for a federal award; and (8) the IRS and informs individuals for involved in a tax controversy with the alternative funding sources available to whom English is a second language of IRS and educate individuals for whom the organization, including amounts their taxpayer rights and English is a second language (ESL) received from other grants and responsibilities, and does not charge regarding their taxpayer rights and contributions, and the endowment and more than a nominal fee for its services responsibilities under the Internal resources of the institution sponsoring (except for reimbursement of actual Revenue Code are eligible for a grant. the organization. costs incurred). An LITC must provide services for free DATES: Grant applications for the last six Mission Statement or for no more than a nominal fee. months of the 2016 grant year must be Examples of qualifying organizations electronically filed at www.grants.gov by Low Income Taxpayer Clinics ensure include: (1) Clinical programs at April 1, 2016. Funding decisions will be the fairness and integrity of the tax accredited law, business or accounting made by July 1, 2016, and funds system for taxpayers who are low schools whose students represent low awarded must be spent by December 31, income or speak English as a second income taxpayers in tax controversies 2016. language by providing pro bono with the IRS and (2) organizations ADDRESSES: The LITC Program Office is representation on their behalf in tax exempt from tax under I.R.C. § 501(a) located at: Internal Revenue Service, disputes with the IRS, by educating whose employees and volunteers Taxpayer Advocate Service, LITC Grant them about their rights and represent low income taxpayers in tax Program Administration Office, responsibilities as taxpayers, and by controversies with the IRS. TA:LITC, 1111 Constitution Avenue identifying and advocating for issues In determining whether to award a NW., Room 1034, Washington, DC that impact low income taxpayers. grant, the IRS will consider a variety of 20224. Copies of the 2016 Grant factors, including: (1) The number of Application Package and Guidelines, Selection Consideration taxpayers who will be assisted by the IRS Publication 3319 (Rev. 5–2015), can Applications that pass the eligibility organization, including the number of be downloaded from the IRS Internet screening process will undergo a two- ESL taxpayers in that geographic area; site at www.irs.gov/advocate or ordered tier evaluation process. Applications (2) the existence of other LITCs assisting by calling the IRS Distribution Center will be subject to both a technical the same population of low income and toll-free at 1–800–829–3676. evaluation and a Program Office ESL taxpayers; (3) the quality of the FOR FURTHER INFORMATION CONTACT: The evaluation. The final funding decision is program offered by the organization, LITC Program Office at (202) 317–4700 made by the National Taxpayer including the qualifications of its (not a toll-free number) or by email at Advocate, unless recused. The costs of administrators and qualified L/[email protected]. preparing and submitting an application representatives, and its record, if any, in SUPPLEMENTARY INFORMATION: (or a request for continued funding) are providing representation services to low Background the responsibility of each applicant. income taxpayers; (4) the quality of the Each application will be given due application, including the Section 7526 of the Internal Revenue consideration and the LITC Program reasonableness of the proposed budget; Code authorizes the IRS, subject to the Office will notify each applicant once (5) the organization’s compliance with availability of appropriated funds, to funding decisions have been made. all federal tax obligations (filing and award qualified organizations matching payment); (6) the organization’s grants of up to $100,000 per year for the Nina E. Olson, compliance with all federal non-tax development, expansion, or National Taxpayer Advocate, Internal obligations (filing and payment); (7) continuation of qualified low income Revenue Service. whether debarment or suspension (31 taxpayer clinics. A qualified [FR Doc. 2016–04720 Filed 3–2–16; 8:45 am] CFR part 19) applies, or whether the organization is one that represents low BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY Revenue Service, Room 6129, 1111 retained as long as their contents may Constitution Avenue NW., Washington, become material in the administration Internal Revenue Service DC 20224, or through the Internet at of any internal revenue law. Generally, [REG–161919–05 (FINAL)] [email protected]. tax returns and tax return information SUPPLEMENTARY INFORMATION: are confidential, as required by 26 Proposed Collection; Comment Title: T.D. 9451—Guidance Necessary U.S.C. 6103. Request for Regulation Project to Facilitate Business Election Filing; Request for Comments: Comments Finalization of Controlled Group AGENCY: Internal Revenue Service (IRS), submitted in response to this notice will Qualification Rules (T.D. 9329). Treasury. OMB Number: 1545–2019. be summarized and/or included in the ACTION: Notice and request for Regulation Project Number: REG– request for OMB approval. All comments. 161919–05. comments will become a matter of public record. Comments are invited on: SUMMARY: Abstract: This regulation provides The Department of the (a) Whether the collection of Treasury, as part of its continuing effort guidance to taxpayers for determining information is necessary for the proper to reduce paperwork and respondent which corporations are included in a performance of the functions of the burden, invites the general public and controlled group of corporations. other Federal agencies to take this Current Actions: There is no change to agency, including whether the opportunity to comment on proposed this existing regulation. information shall have practical utility; and/or continuing information Type of Review: Extension of a (b) the accuracy of the agency’s estimate collections, as required by the currently approved collection. of the burden of the collection of Paperwork Reduction Act of 1995, Affected Public: Business or other for- information; (c) ways to enhance the Public Law 104–13 (44 U.S.C. profit organizations. quality, utility, and clarity of the Estimated Number of Respondents: 3506(c)(2)(A)). Currently, the IRS is information to be collected; (d) ways to 225,000. soliciting comments concerning TD minimize the burden of the collection of Estimated Time per Respondent: 1 hr., 9451, Guidance Necessary to Facilitate information on respondents, including 40 minutes. Business Election Filing. through the use of automated collection Estimated Total Annual Burden DATES: Written comments should be Hours: 375,000. techniques or other forms of information received on or before May 2, 2016 to be The following paragraph applies to all technology; and (e) estimates of capital assured of consideration. of the collections of information covered or start-up costs and costs of operation, ADDRESSES: Direct all written comments by this notice: maintenance, and purchase of services to Tuawana Pinkston, Internal Revenue An agency may not conduct or to provide information. Service, Room 6129, 1111 Constitution sponsor, and a person is not required to Approved: February 24, 2016. Avenue NW., Washington, DC 20224. respond to, a collection of information Sara Covington, FOR FURTHER INFORMATION CONTACT: unless the collection of information Requests for additional information or displays a valid OMB control number. IRS Tax Analyst. copies of the regulation should be Books or records relating to a [FR Doc. 2016–04761 Filed 3–2–16; 8:45 am] directed to Sara Covington, at Internal collection of information must be BILLING CODE 4830–01–P

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Part II

Department of Homeland Security

Transportation Security Administration 49 CFR Part 1540 Passenger Screening Using Advanced Imaging Technology; Final Rule

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DEPARTMENT OF HOMELAND 1996 requires TSA to comply with small A. Summary of the Final Rule SECURITY entity requests for information and B. Purpose of the Final Rule advice about compliance with statutes C. Costs and Benefits Transportation Security Administration and regulations within TSA’s D. Changes From the NPRM II. Public Comments on the NPRM and TSA jurisdiction. Any small entity that has a 49 CFR Part 1540 Responses question regarding this document may A. Summary [Docket No. TSA–2013–0004] contact the person listed in the FOR B. Support for AIT FURTHER INFORMATION CONTACT section. C. Opposition to AIT RIN 1652–AA67 Persons can obtain further information D. TSA Authority To Use AIT regarding SBREFA on the Small E. Congressional Directive To Deploy AIT Passenger Screening Using Advanced Business Administration’s Web page at F. Compliance With the Administrative Imaging Technology https://www.sba.gov/category/advocacy- Procedure Act G. Adherence to the Court’s Decision in AGENCY: Transportation Security navigation-structure/regulatory-policy/ EPIC v. DHS Administration, DHS. regulatory-flexibility-act/sbrefa. H. Fourth Amendment Issues ACTION: Final rule. Abbreviations and Terms Used in This I. Other Legal Issues Document J. Evolving Threats to Security SUMMARY: The Transportation Security K. TSA’s Layers of Security Administration (TSA) is amending its AIT Advanced Imaging Technology L. Effectiveness of AIT Screening civil aviation security regulations to ANSI American National Standards M. Screening Measures Used in Other specify that TSA may use advanced Institute Countries imaging technology (AIT) to screen APA Administrative Procedure Act N. Laboratory and Operational Testing of individuals at security screening ATR Automatic Target Recognition AIT Equipment ATSA Aviation and Transportation checkpoints. This rule is issued to O. Radiation Exposure Security Act P. Other Health and Safety Issues comply with a decision of the U.S. CAPPS Computer-Assisted Passenger Q. Backscatter Technology Court of Appeals for the District of Prescreening System R. Millimeter Wave Technology Columbia Circuit, which ordered TSA to CDRH Center for Devices and Radiological S. Concerns Regarding Privacy engage in notice-and-comment Health T. Use of ATR Software rulemaking on the use of AIT for CFR Code of Federal Regulations U. Protection of Images passenger screening. DHS Department of Homeland Security V. Conducting a Pat-Down as an DOJ Department of Justice DATES: Effective May 2, 2016. Alternative to AIT DNA Deoxyribonucleic acid W. AIT Screening Procedures at the FOR FURTHER INFORMATION CONTACT: EAJA Equal Access to Justice Act Checkpoint Chawanna Carrington, Acting Passenger E.O. Executive Order X. AIT Screening Procedures for Families Screening Program Portfolio Section ETD Explosives Trace Detection Devices and Individuals With Medical Issues Lead-Checkpoint Solutions and FAA Federal Aviation Administration Y. Comments on the Proposed Regulatory Integration Division, Office of Security FDA Food and Drug Administration Text Capabilities—Transportation Security FR Federal Register Z. Costs of the Proposed Rule GAO Government Accountability Office Administration, OSCCSI-PSP@ AA. Passenger Opportunity Costs HPS Health Physics Society BB. Airport Utility Costs tsa.dhs.gov, 571–227–2958 (phone), ICAO International Civil Aviation CC. TSA Costs 571–227–1931 (fax). Organization DD. Other Costs IEEE International Electronic and Electrical SUPPLEMENTARY INFORMATION: EE. Benefits of the Proposed Rule Engineers FF. Other Impacts of the Proposed Rule Availability of Rulemaking Document IRFA Initial Regulatory Flexibility Analysis GG. Regulatory Alternatives You can get an electronic copy using LCCE Life Cycle Cost Estimate NEPA National Environmental Policy Act HH. Comparative Analysis Between AIT the Internet by— and Alternatives (1) Searching the electronic Federal of 1969 NPRM Notice of Proposed Rulemaking II. Other Comments on the Regulatory Docket Management System (FDMS) OCRL/OTE Office of Civil Rights and Impact Analysis Web page at http://www.regulations.gov; Liberties, Ombudsman and Traveler JJ. Initial Regulatory Flexibility Analyses or Engagement KK. Other Regulatory Analyses (2) Accessing the Government OMB Office of Management and Budget LL. Comments on the Risk Analysis Printing Office’s Web page at http:// OSC Office of Security Capabilities MM. Other Comments on the NPRM www.gpo.gov/fdsys/browse/collection. PIA Privacy Impact Assessment III. Rulemaking Analyses and Notices action?collectionCode=FR to view the PMIS Performance Management A. International Compatibility B. Economic Impact Analyses daily published Federal Register Information System PMO Program Management Office 1. Regulatory Impact Analysis Summary edition; or accessing the ‘‘Search the PRA Paperwork Reduction Act 2. Executive Orders 12866 and 13563 Federal Register by Citation’’ in the RFA Regulatory Flexibility Act of 1996 Assessments ‘‘Related Resources’’ column on the left, RIA Regulatory Impact Analysis 3. Regulatory Flexibility Act Assessment if you need to do a Simple or Advanced SAM Screener Allocation Model 4. International Trade Impact Assessment search for information, such as a type of SOP Standard Operating Procedure 5. Unfunded Mandates Reform Act document that crosses multiple agencies SSI Sensitive Security Information Assessment or dates. THz Terahertz C. Paperwork Reduction Act In addition, copies are available by TSA Transportation Security D. Executive Order 13132, Federalism writing or calling the individual in the Administration E. Environmental Analysis TSL Transportation Security Laboratory F. Energy Impact Analysis FOR FURTHER INFORMATION CONTACT TSO Transportation Security Officer section. Make sure to identify the docket UMRA Unfunded Mandates Reform Act I. Background number of this rulemaking. U.S.C. United States Code A. Summary of the Final Rule WTMD Walk Through Metal Detector Small Entity Inquiries Congress has charged the The Small Business Regulatory Table of Contents Transportation Security Administration Enforcement Fairness Act (SBREFA) of I. Background (TSA), a component of the U.S.

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Department of Homeland Security (WTMDs) to screen for non-metallic that TSA may use AIT for passenger (DHS), with responsibility for civil explosives and other non-metallic threat screening. 78 FR 18287. The final rule aviation security, 49 U.S.C. 114(d), items. AIT provides detection capability defines AIT, states that AIT may be used including combatting the threat posed for weapons, explosives, and other to screen passengers, and requires that by al Qaeda and other terrorists. The objects concealed under a person’s AIT be equipped with and employ the Administrator of TSA must ‘‘assess clothing that may not trigger a metal use of ATR software. detector. TSA has determined that use current and potential threats to the C. Costs and Benefits domestic air transportation system’’ and of AIT is the most effective technology take ‘‘necessary actions to improve currently available to detect both When estimating the cost of a domestic air transportation security,’’ metallic and non-metallic threat items rulemaking, agencies typically estimate including by providing for ‘‘the concealed on passengers, such as the future expected costs imposed by a screening of all passengers and non-metallic explosive used by the so- regulation over a period of analysis. As property’’ before boarding an aircraft to called ‘‘Christmas Day bomber’’ in 2009 the AIT unit life cycle is 10 years from ensure that no passenger is ‘‘carrying in his attempt to blow up an American deployment to disposal, the period of unlawfully a dangerous weapon, passenger aircraft. analysis for estimating the cost of the explosive, or other destructive AIT is an essential component of rule is 10 years. TSA has revised the substance.’’ See 49 U.S.C. 44904(a) and TSA’s risk-based security approach. NPRM Regulatory Impact Analysis (RIA) (e); 44901(a); 44902(a)(1). This approach relies on a assumption of an 8-year life cycle for By Federal regulation, ‘‘[n]o comprehensive security system AIT units to 10 years based on a recent 3 individual may enter a sterile area or including state-of-the-art technologies life cycle cost estimate (LCCE) report. board an aircraft without submitting to (such as AIT), a highly-trained frontline AIT deployment began in 2008 and the screening and inspection of his or workforce, intelligence analysis and TSA, therefore, includes costs that have her person and accessible property in information sharing, behavior detection, already been borne by TSA, the accordance with the procedures being explosives detection canine teams, traveling public, the screening systems applied to control access to that area or Federal Air Marshals (FAMS), and industry, and airports. Consequently, aircraft. . . .’’ 49 CFR 1540.107(a). The regulatory enforcement. this RIA takes into account costs that final rule amends this regulation to In 2012, Congress enacted the FAA have already occurred—in years 2008– specify that the screening and Modernization and Reform Act of 2012, 2014—in addition to the projected costs 4 inspection of a person may include the Public Law 112–95, which required in years 2015 –2017. By reporting the use of advanced imaging technology TSA to ensure that all AIT used to costs that have already occurred and (AIT). screen passengers must be equipped estimating future costs in this manner, Congress has directed the Secretary of with and employ automatic target TSA accounts for the full life cycle of recognition (ATR) software. 49 U.S.C. Homeland Security to ‘‘give a high AIT machines. 44901(l). That software eliminates TSA estimates the total cost of the priority to developing, testing, passenger-specific (i.e., individual) rule from 2008–2017 to be $2,146.31 improving, and deploying, at airport images and instead indicates the million (undiscounted). TSA incurs screening checkpoints, equipment that location of potential threats on a generic over 98 percent of all costs. detects nonmetallic, chemical, outline. Since May 2013, all AIT units AIT generates benefits by reducing biological, and radiological weapons, deployed by TSA have been equipped security risks because it is capable of and explosives.’’ 49 U.S.C. 44925(a).1 In with ATR capability. The final rule detecting both metallic and non-metallic June 2008, the Senate Appropriations adopts the statutory definitions of AIT weapons and explosives.5 Terrorists Committee encouraged TSA to expand and ATR, and requires that any AIT continue to test our security measures in the use of AIT.2 TSA began deploying equipment used to screen passengers be an attempt to find and exploit AIT in 2008 after laboratory and equipped with and employs ATR vulnerabilities. The threat to aviation operational testing. software. security has evolved to include the use The AIT currently deployed by TSA There are approximately 793 AIT of non-metallic explosives. Since it is a millimeter wave imaging technology machines deployed at nearly 157 began using AIT, TSA has been able to that can detect metallic and non- airports nationwide. AIT screening is detect many kinds of non-metallic metallic objects on an individual’s body safe for all passengers and the items, small items, and items concealed or concealed in his clothing without technology meets all national health and on parts of the body that would not have physical contact. The technology safety standards. Passengers generally been detected using the WTMD. TSA bounces electromagnetic waves off the may decline AIT screening and opt also considered the added benefit of body to detect anomalies. If an anomaly instead for a pat-down. deterrence—the effect of would-be is detected, a pat-down of the area B. Purpose of the Final Rule where the anomaly is located is usually 3 TSA’s Office of Security Capabilities (OSC), performed to determine if a threat is The final rule is adopted to comply ‘‘Life Cycle Cost Estimate for Passenger Screening present. with a ruling of the United States Court Program,’’ March 10, 2014. This is a TSA AIT addresses a critical weakness in of Appeals for the District of Columbia acquisition sensitive report based on OSC aviation security regarding the inability technology assessments. Circuit. In Electronic Privacy 4 The 2015 cost estimates used historical data of walk-through metal detectors Information Center (EPIC) v. U.S. when available. Please see the RIA for the complete Department of Homeland Security, 653 description of the 2015 cost estimates. 1 See also Presidential Memorandum Regarding F.3d 1 (D.C. Cir. 2011), the court 5 Metal detectors and AITs are both designed to 12/25/2009 Attempted Terrorist Attack’’ (Jan. 7, detect metallic threats on passengers, but do so in 2010), available at http://www.whitehouse.gov/the- directed TSA to conduct notice-and- different ways. Metal detectors rely on the press-office/presidential-memorandum-regarding- comment rulemaking on the use of AIT inductance that is generated by the metal, while 12252009-attempted-terrorist-attack (charging DHS to screen passengers. TSA published a AIT relies on the metal’s reflectivity properties to with aggressively pursuing enhanced screening notice of proposed rulemaking (NPRM) indicate an anomaly. AIT detection capabilities technology in order to prevent further such exceed that of metal detectors because AIT can attempts while at the same time protecting on March 26, 2013, to obtain public detect metallic and non-metallic weapons, non- passenger privacy). comment on its proposal to revise civil metallic bulk explosives, and non-metallic liquid 2 S. Rep. No. 110–396, at 60 (2008). aviation security regulations to codify explosives.

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attackers becoming discouraged because detailed results of the economic • Revising the airport listings to of increased security measures—from analyses. include 460 airports instead of 448. The updated airport list includes new, the use of AIT. Morral and Jackson D. Changes From the NPRM (2009) stated, ‘‘Deterrence is also a previous, and former airports that major factor in the cost-effectiveness of In the NPRM, TSA proposed to amend operated AIT units and are regulated many security programs. For instance, 49 CFR 1540.107 by adding a new under 49 CFR part 1542. even if a radiation-detection system at paragraph to specify that the screening • Updating the AIT life cycle and ports never actually encounters weapon and inspection of an individual prior to period of analysis from 8 to 10 years material, if it deters would-be attackers entering a sterile area of an airport or based on a recent LCCE report from the from trying to smuggle such material boarding an aircraft may include the use TSA Office of Security Capabilities into the country, it could easily be cost- of AIT. TSA defined AIT as ‘‘screening (OSC). Using the information from this effective even if associated program technology used to detect concealed report, TSA also revised its previous costs are very high.’’ 6 Given the anomalies without requiring physical assumption about the share of Passenger demonstrated ability of AIT to detect contact with the individual being Screening Program expenditures spent concealed metallic and non-metallic screened.’’ TSA received many on AIT technology. objects, it is reasonable to assume that comments stating that the definition • Revising the number of AIT units to AIT acts as a deterrent to attacks was too broad. Commenters also be deployed from 821 to 793 throughout involving the smuggling of a metallic or expressed confusion and uncertainty the period of analysis (2008–2017) non-metallic weapon or explosive on regarding the use of the word based on new data. board a commercial airplane. As an ‘‘anomalies.’’ Some commenters • Revising the total wait time for a essential component in TSA’s suggested privacy safeguards be passenger that opts-out of AIT screening comprehensive security system because included in the final rule. from 80 to 150 seconds to include In response to those comments, TSA it can detect both non-metallic and passenger time spent waiting for a same changed the definition in the final rule. metallic threats concealed under a gender Transportation Security Officer TSA is adopting the definition of AIT person’s clothing, AIT plays a vital role (TSO) to perform the pat-down. created by Congress in the FAA in decreasing the vulnerability of civil • Revising the calculation of utilities Modernization and Reform Act of 2012.8 aviation to a terrorist attack. costs to incorporate new data on the That legislation, codified at 49 U.S.C. hours of AIT operation from the TSA’s To describe further the security 44901(l), defines AIT as ‘‘a device used Performance Management Information benefits from AIT, TSA performed a in the screening of passengers that System (PMIS) database. break-even analysis to compare the creates a visual image of an individual • Refining the calculation of potential direct costs of an averted showing the surface of the skin and terrorist attack to the net cost of AIT. revealing other objects on the body; and personnel costs by using information on Agencies use a break-even analysis may include devices using backscatter specific labor hours dedicated to AIT when quantification of benefits is not x-rays or millimeter waves and devices operation in response to new data on hours of AIT operation. possible. According to OMB Circular referred to as ‘whole-body imaging • No. A–4, ‘‘Regulatory Analysis,’’ such technology’ or ‘body scanning Revising the calculation of training an analysis answers the question, ‘‘How machines’.’’ Further, in response to costs to incorporate newly available small could the value of the non- privacy concerns, TSA is adopting the historical data on the hours of quantified benefits be (or how large statutory language that requires any AIT participation for each training course would the value of the nonquantified used for passenger screening to be required for AIT operation and new training and development costs. costs need to be) before the rule would equipped with and employ ATR • yield zero net benefits?’’ 7 Based upon software and comply with such other Including a break-even analysis to the results from the break-even analysis, requirements TSA determines are answer the question, ‘‘How small could TSA estimates that AIT will need to necessary to address privacy the value of the non-quantified benefits prevent an attack between once every considerations. Finally, consistent with be (or how large would the value of the 5.25 years to once every 23.5 years— the statute, TSA is defining ATR as, non-quantified costs need to be) before ‘‘software installed on an advanced the rule would yield zero net benefits?’’ depending on the size of the aircraft— • for the direct cost of an averted attack imaging technology device that Revising language within the RIA to equal the annualized cost of AIT. The produces a generic image of the and final rule to state that passengers break-even analysis does not include the individual being screened that is the ‘‘may generally opt-out of AIT difficult to quantify indirect costs of an same as the images produced for all screening’’ to reflect current DHS 9 attack or the macroeconomic impacts other screened individuals.’’ policy. that could occur due to a major attack. In response to public comments, TSA Table 1 presents a summary of the See Section III of this preamble for more also revised the RIA published with the effects of these changes. In the table, NPRM to include a break-even analysis NPRM and final rule costs have been annualized due to the different periods 6 Andrew R. Morral, Brian A. Jackson, and pertinent data that has become ‘‘Understanding the Role of Deterrence in available since the publication of the of analysis. Counterterrorism Security,’’ 2009, Rand Homeland NPRM, including an updated AIT Security Program, http://www.rand.org/content/ deployment schedule. TSA’s major 9 See Privacy Impact Assessment Update for TSA dam/rand/pubs/occasional_papers/2009/RAND_ Advanced Imaging Technology (DHS/TSA/PIA– OP281.pdf. changes to the RIA from the NPRM are: 032(d)) December 18, 2015, https://www.dhs.gov/ 7 http://www.whitehouse.gov/omb/circulars_ sites/default/files/publications/privacy-tsa-pia-32- a004_a-4/. 8 Public Law 112–95 (126 Stat. 11, Feb. 14, 2012). d-ait.pdf.

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TABLE 1—CHANGES IN AIT ESTIMATES FROM THE NPRM TO THE FINAL RULE [Annualized at a 7% discount rate in 2014 dollars]

NPRM and FR comparison Variables Description of changes NPRM Final rule Difference

Annualized Industry Costs ($millions)

Airport Utilities Cost ...... $0.19 $0.15 ¥$0.04 This estimate decreased due to incorporation of newly available historical data on AIT hours of operation from the TSA’s PMIS database. Backscatter AIT Removal ...... 0.21 0.18 ¥0.03 Total cost in constant dollars remained the same, but annualized cost decreased because of the different periods of analysis between NPRM and final rule.

Annualized Passenger Costs ($millions)

Opportunity Costs (Delay 2.08 2.60 0.52 This estimate increased because the estimated duration of a Costs). pat-down increased from 80 to 150 seconds to include passenger wait time to be handed off to a same gender TSO.

Annualized TSA Costs ($millions)

Personnel ...... 216.40 117.17 ¥99.22 TSA refined this estimate to account for labor hours dedicated to AIT operation. TSA used AIT operational hours recorded in PMIS as a basis for this estimate. Training ...... 5.81 27.68 21.87 TSA revised the calculation of training costs to incorporate newly available historical data on the hours of participation for each training course required for AIT operation and new training and development costs. Equipment ...... 70.62 56.53 ¥14.08 TSA revised its cost estimates in 2014–2017 to reflect the most recent LCCE document by OSC. TSA also revised some assumptions for cost estimates from 2008–2013 based on the recent LCCE. TSA Utilities Cost ...... 0.25 0.26 0.01 This change reflects the revised estimate on AIT operation time and an increase of airport enrollment in TSAs utilities reimbursement program.

Total Costs ...... 10 295.56 204.57 ¥90.99 The total cost decreased from the NPRM, primarily from the reduction in personnel costs.

Benefits

Break-Even Analysis ...... Prevent 1 attack per 5.25 to 23.52 years Per public comment, TSA has included a break-even anal- considering only the major direct costs of an ysis in the RIA. averted attack.

II. Public Comments on the NPRM and B. Support for AIT terrorist attacks on September 11, 2001. TSA Responses Individual commenters also stated they Comments: A number of submissions did not have any concerns related to the A. Summary included a statement of general support use of AIT. In response to other public for the continued use of AIT without TSA published the NPRM on March comments opposed to AIT, several offering additional, substantive individual commenters questioned the 26, 2013, and requested comments be rationale. Commenters also expressed submitted by June 24, 2013. Private significance of the alleged impact of AIT approval for AIT for a variety of reasons. on privacy or safety. Several individual citizens, industry associations, advocacy Several individual commenters stated commenters also expressed a preference groups, and non-profit organizations they have medical conditions (e.g., for AIT over a pat-down. submitted comments in docket TSA metallic implants, metallic artificial TSA Response: TSA agrees with these 2013–0004. The discussion below joints, and prostheses) which cause commenters that AIT provides the most groups the submissions by the primary them to alarm the WTMD, and they effective and least intrusive means issues raised in the public comments. prefer the ease and quickness of AIT to currently available to detect both the pat-down procedure, which would metallic and non-metallic threats be required to resolve an alarm of the concealed under a person’s clothing. 10 There was a calculation error in the NPRM’s WTMD. Several other commenters presentation of annualized costs. TSA has resolved noted that the need to ensure the safety C. Opposition to AIT this error and presented the correct annualized of airline passengers and other Comments: Many submissions amounts in Table 1. The error in annualized cost did not affect any other cost estimates in the NPRM, American targets against terrorist threats included statements of opposition to the including the estimated total cost of the rule and outweighs possible privacy concerns continued use of AIT. Of these, the estimated itemized costs presented in the associated with AIT. In supporting AIT individual commenters expressed NPRM. use, many commenters referenced the concerns pertaining to efficacy, privacy,

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health, cost, and civil liberties. TSA manner to one that employs a more TSA Pre✓TM program by going to its addresses each of these topics in effective, risk-based, intelligence-driven Web site at www.tsa.gov. subsequent comment responses in this approach. Adopting a risk-based As explained in the NPRM, in order preamble. Some individual commenters approach permits much-needed to address privacy concerns and meet also expressed criticism of TSA and its flexibility to adjust to changing travel the statutory requirement to install and staff. Some comments included patterns and shifting threats. employ ATR software on all AIT units, statements requesting the elimination of For example, beginning in 2011, after TSA removed all backscatter AIT AIT. analyzing intelligence reports, TSA machines from screening checkpoints, Other commenters made statements instituted new screening procedures for and only millimeter wave AIT machines regarding the impact of AIT screening passengers under the age of 12 and equipped with ATR are used to screen on their travel choices. Many of these those ages 75 and older to expedite passengers. The ATR displays a generic commenters indicated they no longer screening and reduce the need for a pat- outline on which boxes appear where an travel by air because of the use of AIT. down to resolve alarms.11 TSA also anomaly is detected. The outline is Some said they limit their airline travel instituted TSA Pre✓TM (a known and displayed on the AIT machine so that as much as possible because of AIT trusted traveler program) based on the the passenger and the TSO are able to screening. An individual commenter rationale that most passengers do not see the boxes. No specific image of an cited a news article that highlights pose a risk to aviation security.12 This individual is created. increasing ridership of Amtrak over program increases passenger throughput TSA disagrees with statements that airline travel. Several other individual at the security checkpoint and improves use of AIT has had a material impact on commenters noted that international the screening experience of frequent, U.S. air travel and the comments did not travelers no longer want to visit the trusted travelers.13 In addition, TSA contain data in support. TSA was United States because of AIT screening. Pre✓TM reduces the amount of time unable to find empirical evidence that According to another individual TSOs devote to screening low-risk air travel is reduced due to AIT. TSA commenter, the AIT scanners have travelers, thereby increasing the notes that based on PMIS data collected created an ‘‘adversarial tension’’ resources available to deter or detect the from 2009, the first full year of data between TSOs and travelers that is next attack. TSA is working to expand collection, through 2013, the last full detrimental to security. the population of passengers eligible for year of data available at the time TSA A few commenters discussed TSA’s the program, the number of began drafting this final rule, statement in the NPRM that the public participating air carriers, and the approximately one percent of generally approves of the AIT scanners. airports where it is available. In passengers have selected a pat-down For example, an individual commenter December 2013, TSA launched its TSA over AIT screening.14 TSA agrees with stated this claim was not supported by Pre✓TM application program that allows a commenter that independent polling data regarding the public’s approval. U.S. citizens and lawful permanent on AIT acceptance shows strong public Other commenters suggested that TSA residents to apply for TSA Pre✓TM. As support for and understanding of the should not assume the lack of of February 2015, TSA Pre✓TM is need for AIT.15 complaints about AIT to be support for available at 120 airports and eleven the use of AIT. For example, a privacy airlines participate in the program. D. TSA Authority To Use AIT advocacy organization stated that TSA Millions of passengers have undergone Comments: Many individual has not taken into consideration the expedited screening through the commenters stated that TSA has number of passengers who choose AIT program. Finally, TSA has instituted a overstepped its authority by deploying over a pat-down because it is faster and new protocol at certain airports that AIT and that the agency itself should be potentially less invasive of personal allow passengers who are not registered eliminated or that AIT should be privacy, not because they support the in TSA Pre✓TM to undergo a real-time eliminated as a screening technology. use of AIT. Another individual threat assessment at the airport so that Additionally, many individual commenter, however, acknowledged they may be randomly selected for commenters stated that responsibility that National ABC and CBS news polls expedited screening. TSA will always for airport security and the costs should indicated that the majority of poll incorporate random and unpredictable be returned to either the owners of participants favored full body scanners security measures throughout the airports or the airlines. at airports. airport, and no individual is guaranteed A non-profit organization referenced TSA Response: The information TSA 49 U.S.C. 44903(b)(2)(A) and 49 U.S.C. receives from intelligence-gathering expedited screening. TSA encourages all 44903(b)(2)(B) to support its statement agencies confirms that civil aviation potential passengers to learn about the that the proposed rule is inconsistent remains a favored target for extremists 11 These individuals currently can receive some with statutory requirements to protect and terror organizations. AIT is an form of expedited screening, are permitted to leave passengers and the public interest in essential tool to address that threat by their shoes, light jackets, and headwear on for promoting air transportation. The helping TSA to detect both metallic and screening, and are screened primarily by the Walk- organization stated that TSA is not nonmetallic explosives and other Through Metal Detector (WTMD). See https://www. tsa.gov/travel/special-procedures, https://www.tsa. authorized ‘‘to sexually assault dangerous items concealed under gov/travel/special-procedures/traveling-children. passengers’’ under current statutes or clothing. AIT screening generally is 12 https://www.tsa.gov/tsa-precheck. regulations. An individual commenter optional and passengers are advised that 13 https://www.tsa.gov/tsa-precheck. See also stated that TSA, as a Federal agency, has they may choose to undergo a pat-down Ruskai v. Pistole, 775 F.3d 61, 64 (1st Cir. 2014) no jurisdiction over public airports, instead of AIT. (‘‘Additionally, TSA has opted to impose more limited screening burdens on passengers whom it which the commenter stated are mostly TSA takes the issues raised in the confirms are part of TSA’s PreCheck program. As on state land. Another individual comments regarding the screening described in the briefing, PreCheck offers passenger commenter alleged that the experience seriously and has instituted members ‘expedited screening in designated lanes changes in its policies to address these if they have been cleared for such screening based on certain background checks conducted prior to 14 PMIS is a database used to track checkpoint concerns. New risk-based policies have their arrival at the airport,’ and a more limited pat- operations. The database contains information on transformed the agency from one that down in the event that the passenger alarms a AIT use. screens every passenger in the same WTMD.’’). 15 78 FR 18296 at footnote 62.

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Administrator of TSA acted illegally and nonmetallic threats.’’ 23 TSA has be used by terrorists, and demonstrate implementing AIT and stated he should determined that AIT is the best method that AIT best achieves that goal with be removed from office and charged currently available to screen passengers concrete evidence. The commenter accordingly. for both metallic and nonmetallic stated that the analysis on which TSA TSA Response: TSA has the statutory threats concealed under clothing. currently relies fails to do either authority to deploy AIT. The As explained in the NPRM, Congress satisfactorily. Administrator of TSA has overall has directed that TSA prioritize the One individual commenter stated that responsibility for civil aviation security, development and deployment of new a congressional directive is insufficient and Congress has conferred on the technologies to detect all types of to supplant TSA’s duty to make a Administrator authority to carry out that terrorist weapons at airport screening reasoned decision regarding the use of responsibility.16 Federal law requires checkpoints, including the submission AIT. An individual commenter that the Administrator ‘‘assess threats to of a strategic plan to promote the expressed concern that TSA did not act transportation,’’ and ‘‘develop policies, optimal utilization and deployment of a in accordance with the congressional direction because the agency acted strategies, and plans for dealing with range of detection technologies, including, ‘‘backscatter x-ray without either public input or threats to transportation security.’’ 17 scanners.’’ 24 TSA has complied with independent testing, and pursued a Prior to the terrorist attacks of this statute and with the subsequent technology the commenter stated was September 11, 2001, and the enactment statutory requirement that all AIT units purchased as part of a ‘‘corrupt deal.’’ of the Aviation and Transportation used for passenger screening be Another individual commenter stated Security Act (ATSA),18 air carriers were equipped with ATR software, which that Congress authorized TSA to required to conduct the screening of eliminates passenger-specific images procure and deploy AIT only as a passengers and property and did so in and only produces a generic outline.25 secondary screening tool at security accordance with regulations issued by Since May 16, 2013, all AIT units checkpoints—not as a primary means of the Federal Aviation Administration deployed by TSA have been equipped screening. Other individual commenters (FAA) and security programs approved with ATR software; AIT units that could stated that even if Congress has by the FAA.19 The security programs not accommodate ATR software have authorized the proposed deployment of were sensitive security information been removed from the airports. AIT, the proposed use of AIT is not (SSI) and were not shared with the necessarily legal or the appropriate E. Congressional Directive To Deploy public.20 The ATSA transferred that course of action, and TSA was not AIT responsibility to TSA, as codified at 49 performing the agency’s own due U.S.C. 44901(a), and required the TSA Comments: Some commenters diligence in trying to restrain the Administrator to provide for the addressed the 2004 congressional executive and legislative branches screening of all passengers and property directive discussed in the NPRM subsequent to congressional direction. that will be carried aboard a passenger regarding the development and TSA Response: TSA is in compliance aircraft. Federal law also requires the deployment of new screening with Federal law, as well as TSA Administrator to prescribe equipment. An individual commenter congressional directives to pursue the regulations to require air carriers to noted that this congressional direction development of new, advanced refuse to transport a passenger or the specifically included the investment in detection technology.27 AIT addresses a property of a passenger who does not and deployment of AIT. Other critical vulnerability in aviation consent to a search, and to protect commenters, however, stated that TSA’s security. While WTMD and hand-held passengers and property on an aircraft implementation of AIT is inconsistent metal detectors are unable to screen for against an act of criminal violence or with congressional direction. nonmetallic items, AIT can detect non- aircraft piracy.21 As commenters noted, Specifically, a privacy advocacy group metallic explosives and other non- when prescribing certain regulations, stated that TSA’s deployment of AIT is metallic threats, such as plastic firearms the Administrator is required to inconsistent with a qualifier in the and knives. Explosives Trace Detection consider whether the regulation is congressional directive—that the agency Devices (ETD) screen for nonmetallic consistent with protecting passengers develop equipment to detect threats that explosives, but the process is too slow and the public interest in promoting air terrorists would likely try to smuggle to perform on the same number of transportation.22 Air transportation aboard an air carrier aircraft.26 The passengers as are currently screened by security is essential to ensure the commenter stated that TSA has AIT. Congress clearly recognized this freedom of movement for people and demonstrated an overly broad issue when it directed TSA to ‘‘give a commerce. As the U.S. Court of Appeals interpretation of the congressional high priority to developing, testing, for the First Circuit wrote in Ruskai, authorization and that, although the improving, and deploying, at airport ‘‘[p]lanes blown out of the sky in Russia agency repeatedly cites AIT’s abilities to screening checkpoints, equipment that and attempted bombings on U.S. identify weapons, the NPRM does not detects nonmetallic, chemical, airliners in recent years have warned establish how such weapons are likely biological, and radiological weapons, TSA that its screening procedures must to be smuggled aboard planes by and explosives, in all forms, on be capable of detecting both metallic terrorists. The commenter further stated individuals and in their personal that TSA must analyze and evaluate AIT property.’’ 28 There is no requirement in 16 49 U.S.C. 114(d). and alternatives regarding the ability to the statute or in any of the congressional 17 49 U.S.C. 114(f). detect weapons and explosives likely to reports to limit the use of AIT to 18 Public Law 107–71 (115 Stat. 597, Nov. 19, secondary screening. 2001). 23 Ruskai v. Pistole, 775 F.3d, 61, 63 (1st Cir. AIT provides greater detection 19 14 CFR part 108, 66 FR 37330 (July 17, 2001). 2014). capability for weapons, explosives, and The FAA Administrator prescribed regulations 24 49 U.S.C. 44925(a) and (b). ‘‘Detection other threats concealed on a passenger’s requiring air carriers to screen all passengers and Equipment at Airport Screening Checkpoints,’’ property before boarding. Report to Congress, Aug. 9, 2005. See also 78 FR body that may not trigger a metal 20 See 14 CFR 191.7(a) (2001). 18292. 21 49 U.S.C. 44902(a) and 44903(b). 25 49 U.S.C. 44901(l). 27 See 49 U.S.C. 44925(a) and 44901(l). 22 49 U.S.C. 44903(b)(1),(2), and (3). 26 49 U.S.C. 44925(a). 28 49 U.S.C. 44925(a).

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detector. Concealed threat items, commenter raised further concerns comments upon such a rule.’’ 31 The including nonmetallic explosives, pose regarding the money spent on the court explained that, a substantial threat to aviation security. deployment of AIT despite the lack of [d]espite the precautions taken by the TSA, As the former TSA Administrator opportunity for public comment. it is clear that by producing an image of the explained in an August 2013 speech to Commenters stated that the proposed unclothed passenger, an AIT scanner the Airports Council International/ rule and justification provided in the intrudes upon his or her personal privacy in North America, ‘‘With respect to the NPRM would not meet the arbitrary and a way a magnetometer does not. Therefore, regardless whether this is a ‘new substantive evolving security challenges we all face capricious standard applied to agency today, one of the principal concerns we burden,’. . . the change substantively affects actions under the APA. A privacy the public to a degree sufficient to implicate have is the continued migration to more advocacy group stated that factors the policy interests animating notice-and- nonmetallic threats such as liquid and regarding effectiveness, alternatives, and comment rulemaking.32 plastic explosives.’’ 29 As explained in health risks were not considered and the the NPRM, on December 25, 2009, a A subsequent decision by the same term ‘‘anomaly’’ was not adequately court, however, indicates that TSA’s bombing plot by Al Qaeda in the explained. Arabian Peninsula (AQAP) culminated decision not to engage in rulemaking Commenters also stated that the in Umar Farouk Abdulmutallab’s prior to deploying AIT was not proposed regulatory language effectively attempt to blow up an American aircraft unreasonable. Following the court’s failed to provide the public with over the United States using a non- APA ruling, EPIC petitioned the court to adequate notice and denied the public metallic explosive device hidden in his recover attorney’s fees under the Equal the opportunity to provide meaningful underwear. 78 FR 18291. More recently, Access to Justice Act (EAJA). 28 U.S.C. comment because the rule is too broad in the spring of 2012, AQAP developed 2412(d). The EAJA allows attorney’s and vague, and descriptive information another concealed, nonmetallic fees to be recovered unless the position on the program was omitted. explosive that had a new level of of the government ‘‘was substantially redundancy in the event the primary An individual commenter wrote that justified or . . . special circumstances 33 system failed. Fortunately, this plot was noncompliance with APA requirements make an award unjust.’’ In denying thwarted.30 Additionally, open source indicated TSA acts as it chooses without EPIC’s request to recover attorney’s fees, information shows that terrorists accountability. Another individual the court stated, ‘‘[t]he TSA’s position currently plan to conduct attacks against commenter requested TSA to commit to regarding the only issue on which EPIC the United States. Terrorists test the complying with APA requirements in prevailed—whether the agency limits of TSA’s ability to detect the future. A non-profit organization improperly bypassed notice and nonmetallic explosives concealed under requested that TSA hold public hearings comment in adopting the new screening clothing; the destruction of passenger in the future before imposing new technology—was substantially 34 aircraft remains a terrorist priority. procedures and policies, but specified justified.’’ that the agency should retain the Federal regulation stipulates that no F. Compliance With the Administrative authority to declare emergency individual may enter the sterile area of Procedure Act regulations and procedures without an airport or board an aircraft without Comments: Some commenters public hearings or a comment period. submitting to the screening and addressed concerns related to the Further, an individual commenter inspection of his or her person and Administrative Procedure Act (APA). suggested that TSA withdraw the accessible property ‘‘in accordance with Generally, commenters stated that TSA proposed rule and issue an advance the procedures being applied to control has not complied with the APA’s notice of proposed rulemaking to allow access to that area or aircraft. . . .’’ 49 procedural requirements. Non-profit TSA to gather missing information in CFR 1540.107(a). This requirement was organizations, a privacy advocacy order to receive comments that are more originally promulgated by the FAA group, and individual commenters meaningful. An advocacy group and an through notice and comment stated that TSA did not comply with individual commenter stated that TSA rulemaking and then transferred to TSA 35 APA requirements prior to initial only issued a NPRM because it was by ATSA. deployment of AIT. A privacy advocacy court-ordered. Other commenters wrote Although TSA acknowledges that it group stated that the agency received that TSA had the option to request did not engage in notice and comment two petitions signed by numerous civil public input prior to implementing and rulemaking related to the deployment of liberties organizations to institute a deploying AIT scanners. AIT specifically prior to its use, TSA does not agree with statements by rulemaking proceeding, yet failed to TSA Response: As discussed above, commenters that there was no public initiate such a proceeding. A few TSA deployed AIT consistent with its notice of TSA’s use of AIT. Prior to the individual commenters stated that if statutory authority and as directed by deployment of AIT, TSA conducted TSA had initially complied with Congress. TSA issued the NPRM years of testing on the safety, rulemaking procedures, the public consistent with the opinion of the U.S. effectiveness, and efficiency of the likely would have rejected the proposed Court of Appeals for the DC Circuit in action, and TSA would not have been EPIC v. DHS, 653 F.3d 1 (D.C. Cir. 31 EPIC, 653 F.3d at 11. able to deploy the technology. A privacy 2011). In that case, TSA contended it 32 Id. at 6. advocacy group and an individual had properly processed letters it 33 28 U.S.C. 2412(d)(1)(A). received from EPIC and other groups 34 EPIC v. DHS, No. 10–1157 (Order filed Feb. 15, 29 John S. Pistole, TSA Administrator, address at regarding the initiation of a rulemaking 2012). the Airports Council International–North America proceeding. TSA also described how the 35 See 62 FR 41730, 63 FR 19691, and 66 FR (Aug. 14, 2013). Text available at https://www.tsa. 37330, 37360. The ATSA transferred that authority gov/news/speeches/airports-council-international- deployment of AIT was consistent with from FAA to TSA in 2001. On February 22, 2002, %E2%80%93-north-america-tsa-administrator- statutory exceptions to the notice-and- the TSA and FAA published a final rule titled john-s-pistole-0. comment requirements of the APA. The ‘‘Civil Aviation Security Rules,’’ 67 FR 8340, 30 Id. Note that these examples occurred on flights court did not agree. ‘‘None of the transferring the regulations at 14 CFR parts 107, originating outside of the United States. Therefore, 108, 109 and 191 to 49 CFR parts 1540, 1542, 1544, TSA’s AIT would not have been in place to detect exceptions urged by the TSA justifies its 1548, and 1520, and §§ 129.25 and 129.26 to part the devices. failure to give notice of and receive 1546.

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technology.36 Contrary to the assertion to the use of AIT, including the threat notice-and-comment rulemaking on the of a commenter regarding the purchase to aviation security, types of AIT use of AIT to screen passengers. TSA of AIT equipment, the AIT equipment equipment, privacy safeguards, safety, notes that all of EPIC’s other was obtained in accordance with all AIT procedures and items discovered constitutional and statutory challenges government procurement requirements, using AIT. TSA received thousands of to the use of AIT, including its Fourth which includes the public solicitation of comments on these issues. In response Amendment claims, were rejected by bids.37 TSA also considered alternatives to comments and to avoid confusion, the court. The court also rejected EPIC’s to AIT and these are discussed in the TSA has altered the regulatory text in petition for rehearing (including the NPRM and the RIA. In 2007, TSA the final rule. TSA has determined not Fourth Amendment ruling), as well as initiated the first pilot test of AIT in the to define AIT using the term ‘‘anomaly’’; three subsequent petitions that EPIC secondary screening position. In January instead, TSA has adopted the statutory filed demanding immediate issuance of 2008, TSA published a Privacy Impact definition of AIT, i.e., a device used in the NPRM. TSA notes that the court Assessment (PIA), which encompassed the screening of passengers that creates issued its decision before TSA instituted AIT screening of all passengers, both as a visual image of an individual showing ATR software on all of the millimeter a primary and secondary form of the surface of the skin and revealing wave AIT units and removed all of the 38 passenger screening. The PIA other objects on the body. In addition, backscatter units from service. The ATR provided notice to the public regarding TSA has clarified the final rule by software does not produce an individual TSA’s use of the technology. It stated adopting the statutory provision to image of a passenger that must be that TSA published extensive deploy AIT equipped with ATR reviewed by a TSO, but instead reveals information on the technology on its software. Thus, AIT equipment must a generic outline that is visible to the Web site beginning in February 2007 produce a generic image of the passenger as well as the TSO. In a recent and conducted outreach with national individual being screened that is the case decided after these changes in AIT press and with privacy advocacy groups same as the images produced for all equipment were implemented, the U.S. to explain the evaluation of the other screened individuals. These technology. The PIA explained that changes are in response to the concerns Court of Appeals for the First Circuit informational brochures were made of commenters regarding the breadth of held that a constitutional challenge to available to the public at each pilot site the regulatory text, and significantly AIT body scanners that depict revealing showing the image that the technology mitigate any privacy concerns images of bodies and pat-downs created. The cover page of each PIA associated with the use of AIT as a procedures for passengers who opted includes a point of contact for the primary screening method. Accordingly, out of screening using AIT became moot public to reach out to with questions or and consistent with TSA’s obligation to following the installation of ATR concerns. In 2009, TSA began to test complete this rulemaking and TSA’s software on all millimeter wave units AIT as the primary screening discretion to prioritize its rulemaking and the removal of backscatter equipment. In 2010, TSA submitted a resources, TSA does not intend to issue machines.41 Report to Congress on privacy a supplemental NPRM or hold public H. Fourth Amendment Issues protections and deployment of AIT.39 hearings on this matter. TSA addresses TSA also published information on its issues regarding effectiveness and safety Comments: Commenters also Web site to inform passengers of AIT in subsequent responses. addressed concerns related to the procedures at the checkpoint at G. Adherence to the Court Decision in Fourth Amendment. The vast majority www.tsa.gov. The public may provide EPIC v. DHS of these commenters stated that use of comments or concerns regarding AIT by AIT constitutes a violation of Fourth contacting the TSA Contact Center.40 Comments: Commenters also Amendment rights. Individual As directed by the court, TSA issued discussed the court’s decision in EPIC v. commenters stated that AIT fails to meet the NPRM and invited public comment DHS. Several individual commenters the standard of a constitutionally on its proposed regulation regarding the specifically supported EPIC’s position permissible search. Specifically, some use of AIT for primary screening of that AIT scanners are invasive of individual commenters stated that TSA passengers. The NPRM invited public individual privacy. Another individual could not conduct such searches commenter opposed the court’s decision comment on a variety of issues related without a warrant. Individual to allow TSA to continue use of AIT. A commenters also stated that neither the 36 privacy advocacy group wrote that the See, e.g., ‘‘Detection Equipment at Airport purchase of an airline ticket nor a desire Screening Checkpoints,’’ Report to Congress, Aug. NPRM incorrectly stated the holding of to travel is sufficient to give TSA 9, 2005. The report describes TSA’s ongoing the case. A privacy advocacy group and research and development program to develop ‘‘probable cause’’ to conduct a search. technologies to increase its ability to detect many individual commenters pointed explosives on passengers, including body imaging out the length of time that elapsed Others stated that AIT is systems, i.e., backscatter x-ray. between the court decision and the impermissible under Federal case law. 37 See The TSA is seeking sources for Imaging issuance of the NPRM. A privacy Several individual commenters cited the Technology systems, Solicitation No. HSTS04–08– advocacy group stated that it filed three holding in U.S. v. Davis, in which the R–CT2056, https://www.fbo.gov/index?s= opportunity&mode=form&id=be7cd5b087bd3d28ce mandamus petitions during the elapsed U.S. Court of Appeals for the Ninth 6bee81f7644141&tab=core&_cview=1. 2-year period. An advocacy group stated Circuit held that administrative searches 38 ‘‘Privacy Impact Assessment for TSA Whole that the constitutional issue raised by must be ‘‘no more extensive nor Body Imaging,’’ Jan. 2, 2008. Updates to the initial EPIC was not ripe for decision because intensive than necessary, in the light of AIT PIA were conducted on Oct. 17, 2008, Jul. 23, 2009, and Jan. 25, 2011. See http://www.dhs.gov/ the court did not have a rulemaking current technology, to detect the publication/dhstsapia-032-advanced-imaging- record before it and speculated that the presence of weapons or explosives, that technology. All TSA PIA reports are available at court might invalidate its holding it is confined in good faith to that http://www.dhs.gov/privacy-documents- regarding the Fourth Amendment in a purpose, and that potential passengers transportation-security-administration-tsa. future judicial review of this 39 ‘‘Advanced Imaging Technologies: Passenger may avoid the search by electing not to Privacy Protections,’’ Fiscal Year 2010 Report to rulemaking. Congress, Feb. 25, 2010. TSA Response: TSA is in compliance 41 Redfern v. Napolitano, 727 F.3d 77, 83–85 (1st 40 https://www.tsa.gov/contact. with the court’s directive to engage in Cir. 2013).

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fly.’’ 42 Several individual commenters than 30 years ago, the U.S. Court of therefore of deterring, attempts to carry stated that the AIT screening process Appeals for the Third Circuit recognized aboard airplanes explosives in liquid or fails to meet this standard because that the government ‘‘unquestionably powder form. On the other side of the elements of the scan and the opt-out has the most compelling reasons,’’ balance, we must acknowledge the steps TSA alternative are too intrusive, and the has already taken to protect passenger including ‘‘the safety of hundreds of privacy, in particular distorting the image scope of the scan is not tailored lives and millions of dollars’ worth of created using AIT and deleting it as soon as narrowly enough to exclusively identify private property for subjecting airline the passenger has been cleared.49 [Citations weapons, explosives, and incendiaries passengers to a search for weapons and omitted] (e.g., AIT is able to identify items such explosives.’’ Singleton v. Comm’r of With the addition of ATR software as adult diapers and women’s sanitary Internal Revenue, 606 F.2d 50, 52 (3d and the elimination of any individual products, which commenters stated are Cir. 1979). ‘‘[T]he events of September image, the balance tips even more in outside the scope of threats TSA is 11, 2001, only emphasize the favor of the government. Courts have trying to identify). Individual heightened need to conduct searches at also held that, ‘‘absent a search, there is commenters recommended alternative this nation’s international airports,’’ no effective means of detecting which search methods that they thought were U.S. v. Yang, 286 F.3d 940, 944 n.1 (7th airline passengers are reasonably likely less invasive and better suited to meet Cir. 2002). In a recent opinion issued by to hijack an airplane.’’ 50 TSA’s need, such as x-raying suitcases, the U.S. Court of Appeals for the using WTMD, and only using AIT as a Commenters’ claims and citations to Eleventh Circuit, the Court concluded support the position that the least secondary means of screening. that AIT ‘‘is a reasonable administrative Other court cases cited in the intrusive search method must be search under the Fourth adopted are contrary to U.S. Supreme comments to support claims that AIT Amendment.’’ 45 violates the Fourth Amendment Court precedent in Quon, as well as the Like other exceptions created by EPIC decision. In fact, the court in EPIC include: U.S. v. Pulido-Baquerizo, 800 courts for searches that do not require F.2d 899 (9th Cir. 1986), U.S. v. specifically rejected the argument that a warrant, the administrative search U.S. v. Hartwell, cited in many of the Skipwith 482 F.2d. 1272 (5th Cir. 1973), within the airport context reflects the U.S. v. Hartwell, 436 F.3d 174 (3d Cir. comments, stands for the proposition careful balancing of the public’s privacy that AIT scanners must be minimally 2006), Camara v. Municipal Court, 387 interests against the compelling goal of U.S. 523 (1967), Missouri v. McNeely, intrusive to be consistent with the protecting the traveling public. As Fourth Amendment.51 Moreover, 133 S.Ct. 1552 (2013), Katz v. U.S., 389 explained by the D.C. Circuit in EPIC, U.S. 347 (1967). An individual especially following the universal because the primary goal of airport deployment of ATR software, TSA commenter also cited a court decision screening is ‘‘not to determine whether pertaining to virtual strip searches, believes that the use of AIT as a primary any passenger has committed a crime screening method is not intrusive. The Reynolds v. City of Anchorage, 379 F.3d but rather to protect the public from a 358 (6th Cir. 2004) to support scan and the results require just a few terrorist attack,’’ airport screening is seconds. Passengers are not subjected to opposition to AIT. permissible under the Fourth An individual commenter observed any physical intrusion. The only Amendment without individualized that, even though AIT use was not potential for invasiveness occurs when suspicion so long as the government’s found to be in violation of the Fourth AIT alarms, thereby requiring additional interest in conducting screening Amendment in EPIC v. DHS, the screening to verify whether a threat item outweighs the degree of intrusion on an subsequent issuance of an NPRM, which is present.52 Passengers are instructed individual’s privacy.46 The court made does not specify the degree to which through TSA’s Web site and cautioned AIT will be used to promote the clear that this standard does not require before they enter the AIT unit to remove the government to use the least intrusive government’s interest, may result in 47 all items from their pockets to prevent TSA’s failure to meet the balancing test search method possible. In fact, the an alarm. applied to Fourth Amendment rights U.S. Supreme Court has held that the TSA is not required to use any of the cases. scope of the administrative search must alternatives to AIT mentioned in the TSA Response: The court in EPIC held be ‘‘reasonably related to [its] comments to achieve the legal that the use of AIT as a primary objectives’’ and ‘‘not excessively requirements of a valid search. For 48 screening method at an airport security intrusive.’’ In EPIC, the court found example, all baggage, whether checked checkpoint does not violate the Fourth that the— or carry-on, is already screened as Amendment.43 This decision is balance clearly favors the Government here. required under 49 U.S.C. 44901. consistent with decisions by the U.S. The need to search airline passengers ‘to Limiting an airport search to baggage, Supreme Court and the Federal circuits ensure public safety can be particularly however, would not address the threat that have upheld airport security acute,’ and, crucially, an AIT scanner, unlike that a person could conceal an explosive screening as a valid administrative a magnetometer, is capable of detecting, and on his or her person. The government search that does not require a warrant, has latitude under the Fourth commercial airlines . . . without any basis for probable cause, reasonable suspicion, or suspecting any particular passenger of an untoward Amendment to choose among the consent of the passenger.44 More motive.’’), U.S. v. Aukai, 497 F.3d 955, 960 (9th Cir. 2007) (en banc) (‘‘The constitutionality of an airport 49 EPIC, 653 F.3d at 10. 42 482 F.2d 893, 913 (9th Cir. 1973). screening search, however, does not depend on 50 See Singleton v. Comm’r of Internal Revenue, 43 EPIC, 653 F.3d at 10. consent.’’). 606 F.2d 50, 52 (3d Cir. 1979). See also U.S. v. 45 44 Chandler v. Miller, 520 U.S. 305, 323 (1997) Corbett v. TSA, 767 F.3d 1171, 1180 (11th Cir. Marquez, 410 F.3d 612, 616 (9th Cir. 2005) (‘‘Little (‘‘We reiterate, too, that where the risk to public 2014) (‘‘The scanners at airport checkpoints are a can be done to balk the malefactor after weapons safety is substantial and real, blanket suspicionless reasonable administrative search because the or explosives are successfully smuggled aboard, and searches calibrated to the risk may rank as governmental interest in preventing terrorism as yet there is no foolproof method of confining the ‘reasonable’–for example, searches now routine at outweighs the degree of intrusion on . . . privacy search to the few who are potential hijackers.’’ airports’’), Nat’l Treasury Emps. Union v. Von and the scanners advance that public interest.’’). (quoting Davis, 482 F.2 at 910)). Raab, 489 U.S. 656, 675 n.3 (1989) (‘‘The point [of 46 EPIC, 653 F.3d at 10. 51 EPIC, 653 F.3d at 10–11. valid suspicionless searches] is well illustrated also 47 Id. at 10–11. 52 In other limited circumstances, based on the by the Federal Government’s practice of requiring 48 City of Ontario v. Quon, 560 U.S. 746, 761 particular item of clothing, TSA may require the search of all passengers seeking to board (2010) (internal quotation marks omitted). additional screening even if the AIT does not alarm.

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reasonable alternatives for conducting Finally, the reference to strip search strict scrutiny should be the judicial an administrative search.53 AIT is the cases by a commenter is not applicable review standard applied. Another only technology that will find both to AIT given the privacy restrictions individual commenter stated that metallic and non-metallic items, and TSA used when it first deployed AIT implementation of AIT scanners will find both explosives and non- and even more so now that all AIT units assumes travelers’ guilt, which is in explosives items. The WTMD only finds are equipped with ATR software and do violation of the principle of the metallic items, thus does not find such not display an individual image. In presumption of innocence. threats as explosive devices made addition, the AIT units do not have the One individual commenter stated that without metal, or other non-metallic ability to store, print, or transmit any it is outside of TSA’s mission to identify items. The ETD will find only images. As noted previously, a TSO and confiscate items that are not a threat explosives, not metallic items (such as does not usually touch a passenger’s (e.g., illegal drugs) and that such firearms) or non-metallic items that are body unless the AIT alarms. With ATR, ‘‘mission creep’’ is an inappropriate use not explosives (such as ceramic knives); there is no individual image of a of Federal funds and distracts TSA staff the same is true for explosives detection traveler; the generic outlines produced from their actual mission. Other canines. Pat-down screening is useful are so innocuous that they are displayed individual commenters stated that AIT for finding both metallic and non- publicly at the airport. and pat-downs violate laws prohibiting metallic items, and will find both sexual molestation. A non-profit explosives and non-explosives items, I. Other Legal Issues organization suggested that TSA review however, that method is slower than Comments: Commenters raised other and modify its policies to ensure that AIT and many persons consider pat legal issues in opposing AIT. Several they do not conflict with existing state downs to be more intrusive than AIT. individual commenters, a non-profit law procedures protecting children from The other cases cited in the organization, and several advocacy physical and sexual assault or with comments, particularly those relating to groups stated that AIT scanning and/or existing child protective services whether consent is required for airport opt-out process violates rights legislation. screening, are inapplicable. Both U.S. v. guaranteed by the First, Second, Fifth, TSA Response: As to the claims of Davis, 482 F.2d 893 (9th Cir. 1973) and Sixth, Eighth, Ninth, Tenth, and violations of the Constitution, as U.S. v. Pulido-Baquerizo, 800 F.2d 899 Fourteenth Amendments, respectively. explained in the response to the (9th Cir. 1986) regarding whether a Commenters did not generally provide previous grouping of comments, in passenger must consent to a search, further substantive legal arguments in recognition of the importance of the have been superseded by the decision of support of these constitutional claims. safety concerns at issue, courts have the U.S. Court of Appeals for the Ninth An advocacy group, however, cited a regularly upheld airport screening Circuit in U.S. v. Aukai.54 In Aukai, the Supreme Court case, Aptheker v. Sec’y procedures against constitutional court confirmed that airport screening of State, 378 U.S. 500, 505 (1964), challenges. Thus, it is well settled as a searches are constitutionally reasonable which held that if a law ‘‘too broadly matter of law that an airport screening administrative searches and clarified and indiscriminately restricts the right search conducted to protect the safety of that the reasonableness of such searches to travel’’ it ‘‘thereby abridges the liberty air travelers is a legitimate exercise of does not depend, in whole or in part, guaranteed by the Fifth Amendment.’’ government authority and does not upon the consent of the passenger being The commenter further stated that the impinge on any of the constitutional 55 searched. U.S. v. Skipwith, 482 F.2d court considered relevant ‘‘that amendments listed in the comments. 1272 (5th Cir. 1973), deals with a law Congress has within its power ‘less Passengers are on notice that their enforcement search based on suspicion, drastic’ means of achieving the persons and their property are subject to which is not required for the congressional objective of safeguarding search prior to entering the sterile area administrative search performed by our national security.’’ An individual of the airport or boarding an aircraft. TSA. Neither Camara v. Municipal commenter cited U.S. v. Guest, 383 U.S. Federal law requires ‘‘the screening of Court, 387 U.S. 523 (1967), Missouri v. 745 (1966) and Shapiro v. Thompson, all passengers and property’’ before McNeely, 133 S. Ct. 1552 (2012), nor 394 U.S. 618 (1969) in opposing the use boarding an aircraft to ensure no Katz v. U.S., 389 U.S. 347 (1967) of AIT. Another advocacy group cited passenger is ‘‘carrying unlawfully a involves the administrative search 49 U.S.C. 40101, 40103, and the dangerous weapon, explosive, or other conducted by TSA at airport security International Covenant on Civil and destructive substance.’’ 49 U.S.C. checkpoints, which courts have Political Rights, a treaty that the U.S. 44901(a) and 44902(a). Federal law also consistently found is justified by the has ratified, as further reinforcing the requires commercial air carriers to compelling government interest in right to travel. The commenter remarked prevent anyone from boarding who does protecting the traveling public.56 that the NPRM does not recognize that not submit to security screening. 49 travel by air and, specifically, by U.S.C. 44902(a). 53 Quon, 560 U.S. at 764 (‘‘Even assuming there The use of AIT to conduct passenger were ways that [the government] could have common carrier, is a right and that TSA performed the search that would have been less must evaluate its proposed actions screening does not implicate any intrusive, it does not follow that the search within that context. Similarly, an constitutional rights in the manner conducted was unreasonable.’’). individual commenter stated that TSA’s described in the comments. Passengers 54 U.S. v. Aukai, 497 F.3d 955 (9th Cir. 2007) (en are not restricted regarding their speech banc). use of AIT involves limitations on or right to assemble so long as they do 55 Aukai, 497 F.3d at 957. constitutional rights and, therefore, 57 56 See generally Marquez, 410 F.3d 612,618 (‘‘It is not interfere with screening. hard to overestimate the need to search air travelers able to articulate a special need or legitimate public for weapons and explosives’’) and Singleton, 606 interest to justify dispensing with the requirement 57 Interference with screening is prohibited by 49 F.2d 50, 52 (‘‘the government unquestionably has to obtain a warrant. In McNeely, a blood test of a CFR 1540.109. TSA defines interference in part as the most compelling reasons . . . for subjecting person suspected of driving while intoxicated was that which ‘‘might distract or inhibit a screener airline passengers to a search for weapons or obtained without a warrant. In Katz, the Supreme from effectively performing his or her duties,’’ to explosives that could be used to hijack an Court held that electronically listening to and include verbal abuse of screeners by passengers or airplane.’’). The facts in Camara involved the recording an individual’s conversation at a public air crew, but not good-faith questions from attempted search of a home without a warrant. The telephone booth without a warrant violated the individuals seeking to understand the screening of Supreme Court found that the government was not Fourth Amendment. Continued

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Passengers may transport unloaded security threat such as illegal drugs, the subject to discriminatory treatment at firearms in checked baggage in a locked, purpose of TSA screening is to prevent the checkpoint may file a complaint hard-sided container, thus, there is no weapons, explosives, and other items with TSA’s Office of Civil Rights & infringement of Second Amendment that could pose a security threat Liberties, Ombudsman and Traveler rights. 49 CFR 1540.111. In general, the (prohibited items) from being carried Engagement (OCRL/OTE) at TSA–CRL@ Fifth, Sixth, and Eighth Amendments into the sterile area of the airport or tsa.dhs.gov, or submit an online have to do with the rights of persons onboard an aircraft in order to ensure complaint at https://www.tsa.gov/ accused of a crime and have no the freedom of movement for people contact-center/form/complaints.62 The relevance to airport security screening and commerce. 49 CFR 1540.111. TSA’s Office of Inspection, in addition to conducted by TSA. Federal law requires mission has not changed. TSOs do not OCRL/OTE and management, may that screening be conducted on all search for other illegal items. When investigate misconduct allegations. passengers and property prior to searching for prohibited items, however, Travelers may also file discrimination boarding an aircraft, and rights reserved it is not unusual for TSOs to uncover complaints concerns with the DHS for citizens or the states, discussed in items that may be evidence of criminal Office for Civil Rights and Civil the Ninth and Tenth Amendments activity. When that happens, the TSO Liberties (CRCL) via CRCL’s Web site at respectively, are not impacted by airport turns such matters over to law http://www.dhs.gov/complaints. In screening. Comments invoking the enforcement officers to resolve, addition, as discussed further below, Fourteenth Amendment generally did so consistent with applicable criminal TSA has amended its screening without specifying which clause of the statutes. TSOs do not take possession of procedures to modify the pat-down used Amendment is at issue the or how it such items. In addition, once an when necessary to screen children age was implicated by AIT, or invoked it in anomaly is detected by AIT, or a metal 12 and under and adults age 75 and connection with non-AIT aspects of object is detected by a WTMD, or either older and has reduced the instances TSA screening. screening system misalarms, additional where such passengers would be subject Federal courts have long held that screening must take place to determine to a pat-down. airport screening searches do not violate whether there is an item, and if so, if the a traveler’s right to travel.58 ‘‘Air item detected is a threat to aviation J. Evolving Threats to Security passengers choose to fly, and screening security. As the court in Hartwell noted, Comments: Commenters also procedures . . . have existed in every ‘‘Even assuming that the sole purpose of addressed the evolving threats to airport in the country since at least the checkpoint was to search only for aviation security discussed by TSA in 1974.’’ 59 The holding in Aptheker, cited weapons or explosives, the fruits of the the NPRM. Some commenters stated by a commenter, pertained to whether search need not be suppressed so that TSA’s screening efforts are not Section 6 of the Subversive Activities long as the search itself was permissible. linked to the decrease in aircraft-related Control Act of 1950, which restricted . . . Since the object in Hartwell’s terror attempts since September 11, members of Communist organizations in pocket could have been a small knife or 2001. For example, individual obtaining or using a passport, was bit of plastic explosives, the TSA agents commenters and a non-profit constitutional. It has no application to were justified in examining it.’’ 61 the use of AIT to conduct airport TSA’s pat-down procedures are organization stated that the threat screening, which does not restrict a designed to ensure that any touching of attempts listed in the NPRM were person’s right to travel, the ability to the body by a TSO is minimally thwarted by intelligence efforts, not obtain a passport, or the ability to obtain intrusive while effectively screening for TSA screening. Other individual documentation necessary to enter a prohibited items. A TSO does not touch commenters, however, supported TSA’s country legally. Further, the Ninth a passenger’s body unless necessary to efforts to deploy tools like AIT scanners Circuit Court of Appeals has held that resolve an AIT alarm, or unless the to detect and deter future attacks. TSA’s regulation requiring passengers to passenger has opted for a pat-down, and Individual commenters credited secured present identification prior to entering a the procedures are largely similar to cockpits and stricter policies for cockpit sterile area or boarding an aircraft, 49 those employed to resolve WTMD access with preventing terrorist attacks CFR 1540.107(b), does not violate any alarms. Touching of the body to perform on commercial airlines since September Constitutional rights.60 this essential security function is fully 11, 2001. Furthermore, a few individual As to the comment regarding the within the scope of TSA’s authority, and commenters suggested that in addition confiscation of items that are not a TSA’s procedures are consistent with to enhanced cockpit security, civil and criminal state laws. Sexual passengers’ awareness and willingness their persons or property. See 67 FR 8340, 8344 molestation or inappropriate touching of to fight back deters terrorists from (Feb. 22, 2002). Interference with screening might a passenger by an employee is strictly targeting planes. also include passenger activity that requires a screener to ‘‘turn away from his or her normal prohibited and TSA has procedures in Several commenters discussed the duties to deal with the disruptive individual,’’ or place to investigate any allegations of evolving threat from nonmetallic might ‘‘discourage the screener from being as such conduct thoroughly. TSA takes all explosives. A few individual thorough as required.’’ See id.; 49 CFR 1540.109; allegations of misconduct seriously. Rendon v. TSA, 424 F.3d 475 (6th Cir. 2005) commenters suggested that TSA’s (constitutional rights not infringed when penalty Passengers who believe they have response to the increased threat of was imposed on traveler who became loud and experienced unprofessional conduct at a nonmetallic explosives is not belligerent after he set off metal detector alarm security checkpoint may request to sustainable because terrorists will find which required screener to shut down his line and speak to a supervisor at the checkpoint other ways to hide devices. A few call over his supervisor). or write to the TSA Contact Center at 58 U.S. v. Davis, 482 F.2d 893 (9th Cir. 1973). individual commenters disagreed with 59 Hartwell, 436 F.3d at 174. [email protected]. TSA’s focus on nonmetallic threats, 60 Gilmore v. Gonzales, 435 F.3d 1125, 1136–1137 Passengers who believe they have been because these types of weapons have (9th Cir. 2006) (‘‘We reject Gilmore’s right to travel been used for several decades. argument because the Constitution does not 61 Hartwell, 436 F.3d at 181 n.13. See also guarantee the right to travel by any particular form Marquez, 410 F.3d at 617 (‘‘The screening at issue of transportation . . . . Gilmore does not possess a here is not unreasonable simply because it revealed 62 More information on TSA Civil Rights is fundamental right to travel by airplane even though that Marquez was carrying cocaine rather than C– available at https://www.tsa.gov/travel/passenger- it is the most convenient mode of travel for him.’’). 4 explosives.’’). support/civil-rights.

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A few individual commenters TSA remains focused on the TSA to implement AIT as a secondary, suggested that the long lines at fundamentals of security, and strives to rather than a primary, screening tool. checkpoints, which the commenters strike a balance between security Furthermore, the commenter suggested stated are caused by TSA screening, are effectiveness and line efficiency. that TSA enhance layers of security by more attractive targets to terrorists than Passengers can obtain information testing canine bomb detection, face airplanes. Lastly, several individual before they leave for the airport on what recognition, and explosives residue commenters stated there is no evidence items are prohibited; acceptable ID; machines, in an effort to reduce the indicating that terrorist threats similar rules for liquids, gels and aerosols; and need for AIT scanning. in magnitude to September 11, 2001, are traveling with children. Guidance for TSA Response: TSA believes that a increasing. travelers with disabilities, medical comprehensive security system is the TSA Response: TSA agrees that the conditions or medical devices, tips for most effective means to address threat to aviation security by terrorists dressing and packing, and information potential terrorist threats, since no continues to evolve as terrorists test on traveling with food and gifts is single security measure may be current security measures to uncover provided. In addition, as noted in the sufficient by itself. TSA also agrees that vulnerabilities to exploit. Terrorist NPRM, the Web site contains ETD, behavior detection and passenger groups remain focused on attacking instructions on AIT screening screening canine are valuable tools to commercial aviation. The primary threat procedures. 78 FR 18296. Preparing in address terrorist threats, and TSA uses from these groups is from explosive advance for security screening and these at airports. devices, as we have seen in incidents following the instructions of the TSOs TSA does not agree with commenters originating abroad, such as the non- are the most effective ways to reduce that using AIT, as a secondary screening metallic bomb used by the Christmas lines at the checkpoint. method, would be as effective as Day bomber in 2009, the toner cartridge currently deployed. Limiting its use to printer bombs from Yemen placed on K. TSA’s Layers of Security resolve alarms of the WTMD, which can two cargo aircraft destined for Chicago Comments: Commenters addressed only detect metallic threats, would in 2011, and the improved ‘‘next the TSA layers of security discussed in severely restrict our ability to prevent generation’’ underwear bomb also from the NPRM. A privacy advocacy group adversaries from smuggling non- Yemen, recovered by a foreign suggested that the layered approach metallic weapons and explosives on intelligence service in April 2012. The discussed by TSA is not supported by board an aircraft. incidents abroad inform us of terrorists’ data and, therefore, does not justify the As discussed above, AIT is the best intentions and capabilities, and are need for AIT. The commenter also technology currently available to detect lessons that TSA must learn from to recommended that TSA revise the both metallic and nonmetallic threats, prevent terrorists from attempting such layered approach so weaknesses in and explosives as well as non- an act here. These examples show that security can be identified. Furthermore, explosives. TSA has tested the terrorists continue to attack aviation, are a few commenters suggested that TSA effectiveness of the technology, and the capable of constructing non-metallic focus on other security methods, such as equipment must meet TSA detection explosive devices, and continue to profiling, interviewing, and ‘‘Pre-check’’ standards to be deployed in an airport. develop new ways to do so. Open screening programs to identify In addition, testing is conducted by the source information indicates that dangerous individuals. An individual DHS Transportation Security Laboratory terrorists continue to intend violence stated that the efficacy of AIT screening (TSL). The TSL Independent Test and against aviation within the United has not been scientifically proven. The Evaluation group provides certification States. TSA does not agree that commenter further suggested that since and qualification tests and laboratory intelligence reporting alone is there are other approaches used by TSA assessments on explosive detection responsible for thwarting terrorist to identify potential threats, AIT would capability. TSA procurement threats. TSA agrees that improvements be most useful as a secondary screening specifications require that any AIT in intelligence gathering and sharing method instead of as the primary system must meet certain thresholds such information, along with other screening method. A professional with respect to the detection of items layers of security, including as association, however, stated that concealed under a person’s clothing. mentioned in the comments, hardened because of the advanced methodologies While the detection requirements of AIT cockpit doors and assistance from of adversaries, technologies like AIT are classified, the procurement passengers, contribute greatly to scanners are needed to secure air travel. specifications state that any approved aviation security. The combination of The commenter suggested that system must be sensitive enough to security layers, both seen and unseen, techniques involving human detect smaller items. provides the best opportunity to detect intervention, such as Screening Regarding the comments and deter a terrorist attack. Passengers by Observation Techniques, recommending racial profiling, TSA also agrees that security the Behavioral Detection Officer transportation security screening is procedures and equipment must program, and passenger screening regulated by the Constitution, federal continue to evolve as the threat evolves. canines would also be useful. Many law, and applicable DHS and As discussed above, AIT is the most commenters mentioned their support for component policies setting forth the effective technology currently available the use of racial profiling tactics instead appropriate limits on use of race, to detect both metallic and nonmetallic of AIT, and argued that such measures ethnicity, and other characteristics. In threats, both explosive and non- would be more efficient and effective. addition, racial profiling is not an explosive, concealed under passenger An advocacy group alleged that TSA’s effective security measure and can clothing, TSA continues to research and ‘‘trusted traveler program’’ approach easily be defeated. It is premised on the test new equipment and procedures to would weaken security because it can erroneous assumption that any stay ahead of evolving threats. eliminate entire classes of passengers particular individual of one race or TSA agrees that long lines at the from AIT screening. The commenter ethnicity is more likely to engage in checkpoints could pose a security risk recommended that TSA consider other, misconduct than any particular and has taken steps to address long lines less invasive and cost-effective individual of another race or ethnicity. by monitoring throughput. However, screening procedures that would allow In addition to being ineffective,

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profiling violates DHS policies and and nonmetal) from an AIT scanner by whether the anomaly is a threat. An ultimately undermines the public trust. sewing the objects into the lining of his individual commenter, however, TSA disagrees with the commenter who shirt. remarked that continued use of AIT wrote that TSA’s trusted traveler Some commenters discussed the would reduce the number of pat-downs program would weaken security. The ability of AIT to detect plastic, powder, as well as enhance detection of TSA Pre✓TM program is based on the and liquid explosives. One individual nonmetallic weapons, because AIT is premise that most passengers do not commenter stated that a 2007 effective in detecting threats. The pose a risk to aviation security. This government audit found that agents commenter suggested that AIT program will permit those passengers were able to pass through security checkpoints be re-designed to minimize who voluntarily provide information for checkpoints with explosives and bomb the level of intrusion and a security risk assessment to undergo parts. Commenters stated that the embarrassment associated with scanned expedited screening and allow TSOs to explosives used by the ‘‘underwear images. devote more time to screening unknown bomber’’ and ‘‘shoe bomber’’ would not Many commenters wrote that AIT passengers. be detected by AIT. A commenter stated scanners are no more effective at that a 2010 Government Accountability addressing security threats than other, L. Effectiveness of AIT Screening Office (GAO) report indicated that it less invasive screening methods. A few Comments: Many commenters made remains unclear whether the AIT would individual commenters and advocacy general statements that AIT scanners are have detected the weapon used in the groups suggested that the NPRM has not not effective in addressing security December 2009 Christmas Day bomber adequately justified the ability of AIT to threats. An individual commenter stated incident based on the preliminary reduce significantly the threat of terror that because TSA has not released data information GAO had received. An attacks on aircraft compared to regarding the effectiveness of AIT advocacy group also expressed concern alternative screening practices. Some scanners and the number of prohibited that AIT scanners cannot detect individual commenters stated that the items detected by AIT, the NPRM would pentaerythritol tetranitrate (the powder WTMD is more effective at detecting not be taken seriously. Some explosive the group states was used by metallic items than AIT. A few of these commenters, including a privacy the Christmas Day bomber), and claimed individual commenters remarked that advocacy organization and a community that this chemical continues to be used WTMD is as effective as AIT overall, but organization, stated that TSA has not in other domestic and international they preferred WTMD because it is less provided enough information about terror attempts. An individual invasive than AIT. An advocacy group what AIT can detect. The commenter commenter alleged AIT could not detect suggested that a cost-benefit analysis of stated that the agency has not made a explosives molded into specific shapes. AIT would certainly justify the scanners distinction between an ‘‘anomaly’’ and Another individual commenter stated if they were effective in deterring a ‘‘threat.’’ Commenters also stated that that since there are claims that AIT terrorism compared to screening the use of AIT scanners makes air travel cannot detect powder explosives, AIT alternatives. An individual commenter more vulnerable to terrorism. scanners are not fulfilling the statutory also stated there is not enough evidence Many submissions discussed the provision at 49 U.S.C. 44925 which TSA of increased threats using nonmetallic efficacy of AIT to detect anomalies has used as justification for deploying objects to justify the need for body concealed under the clothing of a AIT. scanners. The commenter explained that passenger. Some commenters stated that An individual commenter suggested prior to AIT, nonmetallic objects were AIT scanners are not effective because that, although the AIT scanners can addressed by less-invasive means they cannot detect items that are adequately detect metal in firearms and including WTMDs, bomb-sniffing dogs, concealed under fake skin, under skin concealed knives, security screening Federal Air Marshals, and explosives folds, or under shoes, implanted bombs, should also be able to detect explosives detection machines. The commenter and objects hidden inside of a person. with negligible false negative rates and also stated that nonmetallic weapons A few individuals stated that objects are low false positive rates. The commenter that are small enough to conceal on the not detected if concealed on the side of recommended that a reasonable body do not pose a threat. One the body. A commenter stated that a detection limit would be no lower than individual commenter, however, passenger was able to bring an empty 20 percent of the amount of the discussed examples where the use of the metal box concealed under clothing explosive needed to bring an airplane AIT scanner was instrumental in through AIT units without detection. down. The commenter suggested that identifying weapons concealed under The commenter believed that the metal systems that detect significant quantities clothing. The commenter stated that box was not detected because the rate at of explosives or detonators should be there is no alternative technology that which the AIT beams reflect off the used for screening baggage and items can assist in detecting explosives and metal is the same rate at which beams concealed under clothing. other harmful objects that can be used reflect the background. The commenter A few individuals expressed concern to harm travelers. stated that if an object like the metal box that because AIT on its own cannot Many commenters, including a non- were placed at the side of a body, the differentiate between threatening objects profit organization, an advocacy group, object beam reflection would look no and non-threatening objects, passengers and individual commenters, made different from the blackened carrying non-threatening objects are general statements that AIT scanners are background. According to another subject to more intrusive, secondary ineffective because of reported high individual commenter, a peer-reviewed searches including pat-downs. A false positive rates. An individual publication in the Journal of Homeland community organization stated that commenter stated that travelers might Security stated that explosives with low travelers of the Sikh religion are often be more accepting of the invasiveness of ‘‘Z’’ like plastics look like flesh to the subject to secondary searches even AIT scanners if TSA revealed data scanner because flesh is also low ‘‘Z.’’ when the AIT scanner did not identify regarding the effectiveness of the A few individual commenters referred any anomalies. Similarly, an individual technology (i.e., false positives and false to a video posted by a blogger that the commenter stated that, although AIT positive rates). Several commenters, commenters stated portrayed a man who scanners can detect anomalies, often including a non-profit organization and was able to conceal objects (both metal times a pat-down could not resolve a community organization, stated that

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the false detection of non-threatening system must meet certain thresholds analysis would be beneficial.64 The RIA objects leads to pat-downs where with respect to the detection of items includes an extensive analysis of the passengers are subjected to unnecessary, concealed under a person’s clothing. costs of AIT and a qualitative discussion invasive screening. An individual While the detection requirements of AIT of its benefits. In addition, the RIA referenced incidents which, the are classified, the procurement discusses the alternatives to AIT commenter stated, caused passengers specifications require that any approved considered by TSA. embarrassment when their medical system be sensitive enough to detect TSA disagrees with the comments device raised a false positive. An smaller items. Prior to deployment, the alleging that because there is no direct individual commenter argued that the machines are tested in the laboratory evidence that AIT has prevented a high rate of false positives causes and in the field to certify that the terrorist attack on its own, the security checkpoint lines to move detection standards are met. In addition, technology is not effective. As the slowly, which subsequently requires the DHS Transportation Security Supreme Court pointed out in rejecting TSA to use WTMDs to relieve the Laboratory (TSL) also tests the a similar argument in Von Raab, the backup. A few individuals expressed equipment to verify detection validity of a screening program does not concern regarding a false sense of capability. After deployment, testing turn on ‘‘whether significant numbers of security created for TSA officers and continues as TSA regularly conducts putative air pirates are actually passengers by the large volume of false both overt and covert detection tests. In discovered by the searches conducted alarms caused by AIT scanners. The addition, AIT detection capability has under the program.’’ Given the commenters concluded that this false been tested by DHS and the GAO. government’s interest ‘‘in deterring sense of security weakens security. highly hazardous conduct,’’ the Similarly, an individual commenter The millimeter wave AIT equipment Supreme Court emphasized, ‘‘a low remarked that the process of responding currently deployed at airports to screen incidence of such conduct, far from to false positives (searching for non- passengers uses ATR software that impugning the validity of the scheme threatening objects) takes TSA’s focus enables the AIT automatically to . . . is more logically viewed as a off identifying actual threats. identify irregularities on passengers hallmark of success.’’ 489 U.S. at 675 An individual commenter stated that using imaging analysis techniques based n.3.65 In Corbett, the Court of Appeals AIT scanners are not effective in on contour, pattern, and shape. The AIT upheld the use of AIT and found that identifying a passenger with a is designed to detect irregularities ‘‘the scanners effectively reduce the risk threatening weapon because passengers concealed under clothing; therefore, of air terrorism . . . the Fourth can travel from airports or terminals that commenters are correct that it may Amendment does not require that a do not use AIT scanners. The detect items that do not pose a threat. suspicionless search be fool-proof or commenter stated that passengers could Commenters also are correct that in yield exacting results.’’ 66 also avoid detection by placing a order to determine whether AIT has Further, the fact that AIT, or any weapon on a companion passenger alarmed on a threat item, a TSO will single security measure, may not be under 12 years of age or on a pet. The conduct further screening at the location completely foolproof does not mean that commenter also stated that AIT scanners where the AIT has indicated that there it is ineffective and should not be used are ineffective at making air travel safer is an anomaly, thereby eliminating the at all. A discussion of the alternatives to because the long lines make passengers need to pat-down the entire body. AIT considered by TSA is included in more vulnerable to terror attacks. An Generally, a passenger is only touched the RIA. TSA has always maintained individual commenter, however, wrote if an anomaly is indicated by AIT, and that AIT is the best technology currently that the AIT scanners are more effective only the part of the body where the available to detect the threat of as a deterrent to terrorists than random machine has indicated an anomaly is nonmetallic and other dangerous items pat-downs or profiling because of the located is touched during the pat-down. and that a comprehensive security expectation that the AIT will scan all At times, ETD or other forms of system is the best means to detect and passengers entering the sterile area. additional screening may be employed deter terrorist attacks as no single layer TSA Response: TSA cannot fully to resolve an alarm and to clear a by itself, including AIT, may be address the specific detection passenger for entry into the sterile area sufficient. Accordingly, TSA agrees with capabilities of AIT in the final rule, after AIT screening. Passengers are commenters that other security because much of the information is advised to avoid wearing clothing with measures, including those mentioned in classified. As explained in the NPRM, large metal embellishments and large the comments such as canine, Federal AIT is able to detect both metallic and metal jewelry and to remove all items in Air Marshalls, and explosive detection nonmetallic items concealed under an their pockets to reduce the possibility systems, should also be deployed to individual’s clothing. The NPRM that the AIT will alarm on innocuous increase the chance that a threat will be describes some of the items concealed items. detected. TSA does in fact employ all of under clothing that have been detected TSA is aware of the audits conducted those measures. However, TSA does not by AIT. 78 FR 18297. AIT equipment by the GAO on the effectiveness of 64 must meet detection specifications and screening measures. However, AIT was U.S. Government Accountability Office, overall performance standards ‘‘Aviation Security TSA is Increasing Procurement not in use at the checkpoint when the and Deployment of the Advanced Imaging established by TSA. The AIT machines GAO tested security procedures Technology, but Challenges to This Effort and Other are tested regularly to ensure that the described in the 2007 report cited by a Areas of Aviation Security Remain,’’ GAO–10–484T (Mar. 17, 2010). detection capabilities and performance commenter.63 The 2010 report cited by standards are maintained. After years of 65 See also MacWade v. Kelly, 460 F.3d 260, 274 a commenter did not contain any testing and operational experience at the (2d Cir. 2006) (holding that the deterrent effect of recommendations regarding the use of an anti-terrorism screening program in the New airport, TSA maintains that AIT AIT, but did state that a cost/benefit York subway system ‘‘need not be reduced to a provides the best opportunity currently quotient’’ to satisfy 4th Amendment balancing.’’) available to detect both metallic and and Cassidy v. Chertoff, 471 F.3d 67, 83 (2d Cir. 63 U.S. Government Accountability Office, 2006) (government is not required to ‘‘adduce a nonmetallic threats concealed under a ‘‘Aviation Security Vulnerabilities Exposed specific threat’’ to ferry system before engaging in person’s clothing. TSA procurement Through covert Testing of TSA’s Passenger suspicionless searches). specifications require that any AIT Screening Process,’’ GAO–08–48T (Nov. 15, 2007). 66 Corbett, 767 F.3d at 1181.

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agree that any of those measures should believe that AIT provides the most passenger screening at airports prior to replace AIT because AIT provides effective technology currently available the creation of TSA. TSA continued stand-alone value as well. to detect metallic and nonmetallic laboratory testing of AIT as the threat In response to a comment regarding threats. As was explained in the NPRM from nonmetallic substances increased. the redesign of the checkpoint to and discussed below, AIT has been To better assess the application of AIT minimize embarrassment of passengers tested for safety by both TSA and to the airport environment, TSA during the screening process, TSA independent entities. The results conducted limited field trials of points out that since May 2013, TSA has confirm that AIT is safe for individuals different types of AIT equipment at only deployed AIT with ATR software being screened, equipment operators, several airports. Throughout 2007 and at the airport. ATR eliminates the and bystanders. See 78 FR 18294– 2008, AIT was piloted in the secondary individual image and produces a 18296. position for these trials. In 2009, in generic outline that is visible to the TSA is aware that the European response to the Christmas Day bomber, passenger and the TSO. In addition, Commission adopted a legal framework TSA began to evaluate using AIT in the TSA offers passengers who must on security scanners.69 That framework primary screening position since there undergo a pat-down the opportunity to states that the use of security scanners are no other currently deployed have the pat-down conducted in a is optional, and that only security technologies in the primary screening private screening location that is not scanners which do not use ionizing position that can detect nonmetallic visible to the traveling public. radiation can be deployed and used for threats concealed under a passenger’s Currently there are approximately passenger screening. It also specifies clothing. When conducting tests both in 793AIT machines located at almost 157 that the scanners shall not store, retain, the laboratory and in the field, TSA airports nationwide. Given limited copy, print, or retrieve images. evaluated the equipment for safety, resources, TSA uses a risk-based However, the Commission also found detection capability, operational approach to deploy AIT and continues that ‘‘[s]ecurity scanners are an effective efficiency, and passenger impact. method of screening passengers as they to assess and test ‘‘next generation’’ AIT Because of the successful results are capable of detecting both metallic systems, which TSA anticipates will observed during testing and the need to and non-metallic items carried on a improve anomaly detection capability, address the threat from nonmetallic person. The scanner technology is decrease processing time, and better suit explosives concealed under clothing, developing rapidly and has the potential the physical constraints of airport TSA decided to procure AIT units for to significantly reduce the need for checkpoints. use in the primary position at airport manual searches (‘‘pat downs’’) applied checkpoints. M. Screening Measures Used in Other to passengers, crews and airport All of the AIT units are regularly Countries staff.’’ 70 inspected by the manufacturer to ensure that they operate effectively and meet Comments: Commenters discussed N. Laboratory and Operational Testing TSA specifications. In addition, the screening measures used in foreign of AIT Equipment units are tested each day prior to use at countries. The majority of these Comments: Some submissions the checkpoint. If the equipment does comments recommended that TSA discussed testing of AIT scanners for not meet operational specifications, it consider implementing a screening operational effectiveness. Several cannot be used. system similar to the one used by Israel. commenters stated that no testing has The GAO released a report, In addition to individual commenters, a been conducted by independent parties, ‘‘Advanced Imaging Technology: TSA privacy advocacy group stated that in or they expressed concern that TSA did Needs Additional Information before 2011 the European Union (EU) issued a not publicly release the results of AIT Procuring Next-Generation Systems,’’ in ruling banning the use of backscatter equipment testing. A few individual March 2014 describing the types of tests body scanners in all airports; that Italy commenters objected to having TSA test TSA conducts on AIT.71 As explained in discontinued its use of millimeter wave the scanners on the traveling public. An the report, TSA conducts the following scanners because they were found to be individual commenter suggested that five tests to evaluate the performance of slow and ineffective; and that Germany validation tests should include evidence AIT equipment: (1) Qualification testing and Ireland discontinued use of AIT of attempts to defeat a screening in a laboratory setting at the TSA because of concerns regarding efficacy. technique and recommended that if the Systems Integration Facility to evaluate A few individual commenters stated results indicate that AIT is less effective the technology’s capabilities against that the AIT scanners were removed for screening than other devices, TSA TSA’s procurement specification and from other countries because of health should discontinue use of AIT in favor detection standard to include testing of and safety concerns. of technology that the results favor. false alarm rates; (2) Operational testing TSA Response: AIT is used in airports An individual commenter stated the at airports to evaluate system and mass transit systems in many need for long-term studies, including effectiveness and suitability for the countries, including in Canada, the potential effects of the AIT equipment if airport environment; (3) Covert testing Netherlands, Australia, Nigeria, and the it were to malfunction, become ‘‘out of to identify vulnerabilities in the United Kingdom.67 TSA works directly spec,’’ or suffer from poor maintenance. technology, operator use, and TSO with foreign governments and through TSA Response: The FAA began compliance with procedures; (4) the International Civil Aviation testing AIT when it was responsible for Performance Assessments to test TSO Organization (ICAO) to share compliance with Standard Operating information on AIT as well as other ‘‘Aviation Security Manual,’’ Doc 8973/8 Restricted Procedures (SOPs); and (5) Checkpoint security measures.68 TSA continues to (2011). 69 European Commission, Press Release, drills to assess TSO compliance with ‘‘Aviation Security: Commission Adopts New Rules SOPs and ability to resolve anomalies 67 http://science.howstuffworks.com/millimeter- on the Use of Security Scanners at European wave-scanner4.htm; http://cnsnews.com/news/ Airports,’’ Brussels, Belgium (Nov. 14, 2011). The 71 U.S. Government Accountability Office Report article/us-paid-full-body-scanners-nigeria-s-four- countries referenced by several commenters to Congressional Requesters, ‘‘Advanced Imaging international-airports-2007. (Germany, Ireland, and Italy) are members of the Technology: TSA Needs Additional Information 68 ICAO recognizes that AIT may be used as a European Union. before Procuring Next-Generation Systems,’’ GAO– primary screening measure for passengers. ICAO 70 Id. 14–357, March 2014.

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identified by AIT.72 Qualification current x-ray scanners were removed, units, TSA conducted four radiation testing is conducted when a technology the proposed rule would not prevent safety assessments and the results of is first considered for deployment and their reintroduction should software each study concluded that the level of for subsequent upgrades to the become available to address privacy radiation emitted was below ANSI’s technology. The TSL also conducts issues. acceptable limits.76 certification testing on detection Several commenters, including a In addition, in June 2013, the capability. In addition to these tests, the privacy advocacy organization, a non- American Association of Physicists in actual units are subjected to a factory profit organization, and individual Medicine released the results of an acceptance test at the manufacturer’s commenters, cautioned that TSA independent study of the general-use facility and a site acceptance test at the screeners could be at risk and should be backscatter units previously used by airport. TSA also tests the units for provided with dosimeters to ensure that TSA for screening passengers.77 The radiation exposure as described in the their exposure is within acceptable study measured exposures across NPRM and in response to additional limits. An individual commenter stated multiple scanners in both the factory comments described below. Covert that, although TSA claimed that the and in real-time use at airports, testing is also conducted by the radiation scan only affects the surface of including organ doses. This study also Inspector General of DHS and GAO.73 the skin, skin cancer is the largest found that radiation doses were below TSA studies the results of laboratory incidence of cancer in the world, and it the ionizing radiation limits set by the and covert tests closely, and modifies is caused by radiation exposure on the American National Standards Institute procedures as appropriate. TSA believes skin. Another commenter stated that and Health Physics Society (ANSI/HPS) that the testing described above eyes are particularly susceptible to and were safe for employees and adequately supports the use of AIT as a radiation. A few individuals suggested passengers, including children, primary screening mechanism. that imaging technology using radiation pregnant women, frequent flyers and should not be used at all since individuals with medical implants. O. Radiation Exposure alternatives exist. Other commenters In the NPRM, TSA noted that DHS Comments: The effects of radiation stated that the question that needs to be had requested the National Academies associated with AIT use was also asked with respect to the safety of AIT of Sciences, Engineering, and Medicine addressed by commenters. A scanning is not whether the increase in to review previous studies as well as professional association stated its belief deaths is below some arbitrary value, current processes to estimate radiation that AIT emissions present a negligible but whether the lives saved through exposure resulting from the general-use health risk to passengers, airline avoiding a terrorist attack are greater backscatter equipment. That study was crewmembers, airport employees, and than the lives lost through an increased released in October 2015 and confirms TSA staff. Numerous commenters, incidence of cancer or other diseases that radiation doses did not exceed the however, expressed concern regarding arising from the use of AIT scanners. ANSI/HPS standard.78 exposure to radiation. Some of these Lastly, a few individuals mentioned that As explained in the NPRM, the ANSI/ commenters suggested that no dose of because of their exposure to radiation HPS standard takes into consideration radiation is safe. Many individual for medical treatment, they are not individuals who may be more commenters and an advocacy group comfortable getting further, unnecessary susceptible to radiation health effects, expressed concern about the radiation exposure from AIT scanners. such as pregnant women, children, and from backscatter scanners, which they TSA Response: In compliance with persons who receive radiation stated could lead to the development of the statutory requirement that all AIT treatments, as well as the general cancer. Many individuals also warned machines used for screening be exposure to ionizing radiation present that exposure to millimeter wave equipped with and employ ATR in the environment. 78 FR 18295. In radiation could hold the potential for software, TSA removed the general-use fact, the radiation emissions from the long-term health effects and that backscatter AIT units from the general-use backscatter equipment were additional studies are needed. Some checkpoint.74 TSA notes that it is so low that they were below the commenters concluded that, even if the adopting the statutory requirement environmental radiation emissions that mandating the use of ATR software on individuals are exposed to every day, 72 The report also contained recommendations to AIT used to conduct screening in the and individuals would have to be improve TSO performance on AIT and resource effectiveness, and to ensure that next generation regulatory text. screened more than 200 times a year to AIT units meet mission needs. TSA generally Contrary to assertions by some exceed the negligible individual dose, concurred in the recommendations and noted that commenters and as discussed in the which is still below the ANSI/HPS it will review its screening assessment programs, NPRM, general-use backscatter units standard.79 78 FR 18296. monitor, update and report efforts to capture operational data on screening, improve its were independently evaluated and assessment of overall effectiveness of next- found to be within national standards 76 Department of Homeland Security, Office of generation AIT and complete a more for acceptable radiation exposure by the Inspector General, ‘‘Transportation Security comprehensive technology roadmap. Food and Drug Administration (FDA)’s Administration’s Use of Backscatter Units,’’ OIG– 73 The Inspector General of DHS recently 12–38, Feb. 2012 at p. 5. Center for Devices and Radiological 77 conducted covert testing of TSA aviation security ‘‘Radiation Dose from Airport Scanners,’’ screening and the Secretary has directed TSA to Health (CDRH), the National Institute of American Association of Physicists in Medicine, undertake a number of steps to enhance security Standards and Technology, the Johns AAPM Report No. 217 (2013). Available at http:// capabilities and techniques. See, e.g., Statement by Hopkins University Applied Physics www.aapm.org/pubs/reports. 78 Secretary Jeh C. Johnson On Inspector General Laboratory and the U.S. Army Public National Academies of Sciences, Engineering, Findings on TSA Security Screening, Press Release, and Medicine. Airport Passenger Screening Using 75 Jun. 1, 2015. TSA’s response to the Inspector Health Command. A report issued by Backscatter X-Ray Machines: Compliance with General’s findings and the changes TSA has the DHS Office of Inspector General in Standards (2015), available at http://www.nap.edu/ implemented to address those findings were 2012 confirms that prior to the 21710. discussed in the testimony of TSA Administrator, deployment of general-use backscatter 79 TSA disagrees with the comments that Peter V. Neffenger, before the Senate Committee on attempted to link AIT to skin cancer, for the reasons Appropriations, Subcommittee on Homeland explained in this preamble. TSA notes that Security on Sep. 29, 2015. See https://www.tsa.gov/ 74 49 U.S.C. 44901(l). according to the Stanford Medicine Cancer news/testimony/2015/09/29/testimony-tsa-efforts- 75 78 FR 18295. See also https://www.tsa.gov/ Institute, ultraviolet radiation from the sun is the address-oig-findings. FOIA. Continued

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As explained in the NPRM, the their health. Some individuals acid (DNA) damage that leads to millimeter wave equipment uses non- suggested that the machines amount to carcinogenesis and that a model used by ionizing radio frequency energy. 78 FR a medical examination performed by the health physics community would 18294–18295. The millimeter wave someone who is not a trained medical predict the probability of a fatal cancer equipment used by TSA must comply professional. A few individual about the same as the probability of with the 2005 Institute of Electrical and commenters expressed concern about being killed by a terrorist in an airplane. Electronics Engineers, Inc. Standard for the maintenance and calibration of the However, the commenter expressed the Safety Levels with Respect to Human scanners. According to another belief that the real danger is very high Exposure to Radio Frequency individual commenter, the AIT scanners local radiation exposures if the Electromagnetic Fields (IEEE Std. and pat-downs are a physical and mechanical scanning mechanism and C95.1TM—2005) as well as the psychological attack on an individual, associated systems for shutting off the x- International Commission on Non- and the passenger must restrain himself ray beam fail. Another individual Ionizing Radiation Protection or herself from natural instincts to move disputed TSA’s statement that Guidelines for Limiting Exposure to away from harmful physical contact to independent tests had been conducted Time-Varying Electric, Magnetic, and ensure their privacy and to avoid health on backscatter technology, and the Electromagnetic Fields, Health Physics risks. commenter stated that subsequent 74(4); 494–522, published April 1998. TSA Response: All AIT units are information showed that the tests were The equipment also is consistent with tested for safety, detection capability, flawed, their results were misused, or Federal Communications Commission operational efficiency, and impact on they were not conducted by truly and Health Canada Safety Code passengers prior to deployment. The independent entities. regulations. 78 FR 18295. The FDA millimeter wave units currently in use A few commenters, including an confirmed that millimeter wave security at the airports do not use ionizing individual commenter and a privacy systems that comply with the IEEE radiation. Federal law requires that all advocacy group, remarked on the Std.C95.1TM—2005 cause no known AIT units be equipped with ATR ineffectiveness of backscatter machines. health effects.80 TSA has posted a software, which does not produce an One of them suggested that the x-ray compilation of emission safety reports individual image, only a generic outline beam might not be able to distinguish of the millimeter wave technology that is visible on the machine. TSA between explosives and tissue when an system.81 permits passengers generally to opt out explosive package is shaped to fit in TSA implemented safety protocols to of AIT screening and receive a thorough with natural body contours. An ensure that AIT is safe for passengers pat-down instead. TSA has also individual commenter stated that even ✓TM and the TSA workforce. When instituted the TSA Pre program, though TSA is removing backscatter backscatter machines were still in use, which allows known and trusted scanners from airports, until the process each individual AIT machine was tested travelers an opportunity to undergo is complete, they would continue to be once a year to verify that radiation expedited screening, which sometimes used at some airports. Another emitted fell within the national safety includes screening by WTMD. This individual recommended that TSA standards. Regular testing is also program increases throughput (among investigate the bad management conducted on checkpoint machines that other changes) and improves the decision that led to a waste of tax use x-ray technology, such as baggage screening experience of frequent, dollars on what the commenter described as an obviously unacceptable scanners. This testing is performed by trusted travelers. Of course, in order to maintain comparable security, no technology. Another commenter the manufacturers or maintenance passenger is guaranteed expedited suggested that backscatter technology providers in accordance with their TSA screening, and program participants was adopted because of lobbying by contracts. Because of the regular testing may be required to undergo regular politically connected individuals with a of TSA equipment, there is no need for screening on a random basis. financial interest in the machines. A few operators to wear dosimeters to measure commenters discussed TSA’s selection radiation emissions. In the event that a Q. Backscatter Technology to use Rapiscan as the vendor for AIT radiation test was to reveal that the Comments: Some submissions scanners. According to some individual emission was above the standard, the specifically addressed backscatter commenters, the choice of using machine would be immediately taken technology. Many individual Rapiscan as the vendor is inappropriate out of service and TSA would conduct commenters opposed the use of because a former DHS Secretary was a system-wide review. backscatter technology because of the reported to have lobbied for Rapiscan P. Other Health and Safety Issues alleged health impact. According to and AIT prior to his departure from the several commenters, x-ray radiation is Comments: Commenters also agency. cumulative, and the effects over a TSA Response: As discussed above, mentioned other safety and health lifetime are not well known. A few the general-use backscatter AIT concerns related to AIT. Numerous individual commenters added that the equipment deployed by TSA was tested individual commenters generally stated people who may be most at risk are TSA for safety, detection capability, that they consider the safety of the AIT personnel working near the scanners operational efficiency, and passenger scanners to be uncertain and that they and frequent flyers, who are already impact before deployment.82 are concerned that AIT is harmful to exposed to radiation from high altitude Independent testing confirmed that the flying. In addition, another individual main cause of skin cancer. http://stanford x-ray emissions from the general-use healthcare.org/medical-conditions/cancer/skin- commenter suggested that, even if the backscatter units were so low as to cancer/causes-skin-cancer/ultraviolet- risk to one individual is small, when the radiation.html. There is no evidence that AIT is machines are used on hundreds of 82 All general-use backscatter AIT units were related to the incidence of skin cancer. millions of people, the probability that removed from screening checkpoints as of May 16, 80 FDA, ‘‘Products for Security Screening of some set of individuals acquire cancer 2013, to comply with the statutory requirement that People,’’ available at http://www.fda.gov/Radiation- any AIT used to screen passengers be equipped EmittingProducts/RadiationEmittingProductsand is significant. with and employ ATR software. 49 U.S.C. 44901(l). Procedures/SecuritySystems/ucm227201.htm. One commenter warned that ionizing The backscatter AIT units in use at the time were 81 https://www.tsa.gov/FOIA. radiation might cause deoxyribonucleic unable to employ ATR software.

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present a negligible risk to passengers, radiation treatments, who may be more organization stated they were airline crew, airport employees, and susceptible to radiation health effects. disinclined to take the government at its TSA employees. 78 FR 18294–18296. Further, the standard also takes into word with regard to health assurances Any future backscatter AIT units would consideration the fact that individuals because the government has been wrong also be tested to ensure compliance with are continuously exposed to ionizing before, including TSA assurances about applicable safety standards. radiation from the environment. ANSI/ Rapiscan machines. An individual Regarding the marginal effects of x-ray HPS N43.17 sets the maximum commenter stated that millimeter wave radiation, as TSA noted in the NPRM, permissible dose of ionizing radiation machines are no more acceptable than 78 FR 18295–18296, the ANSI/HPS from a general-use system per security other scanners, but those who must fly standard reflects the standard for a screening at 0.25 microsieverts. The will choose them to avoid a pat-down. negligible individual dose of radiation standard also requires that individuals One individual commenter established by the National Council on should not receive 250 microsieverts or recommended another technology for Radiation Protection and Measurements more from a general-use x-ray security detecting explosives—passive Terahertz at 10 microsieverts per year. Efforts to screening system in a year. (THz) imaging. According to the reduce radiation exposure below the Regarding comments about whether commenter, there would be no probing negligible individual dose are not AIT can distinguish between explosives radiation, but the warm body emits warranted because the risks associated and tissue when an explosive package is sufficient THz radiation to form an with that level of exposure are so small shaped to fit in with natural body image, with high explosives standing as to be indistinguishable from the risks contours, the AIT equipment is out in the image as a dark patch. attendant to environmental radiation designed and tested to find such items. TSA Response: As discussed in the that individuals are exposed to every Regarding comments about the NPRM, millimeter wave imaging day. The level of radiation emitted by procurement of backscatter technology technology used by TSA to screen the Rapiscan Secure 1000 is so low that and Rapiscan, all TSA acquisitions were passengers meets all known national most passengers would not have in compliance with Federal and international health and safety exceeded even the negligible individual procurement standards. TSA issued a standards. 78 FR 18295. Millimeter dose. The European Commission competitive solicitation for companies wave units are tested for released a report conducted by the to submit AIT machines for electromagnetic emissions prior to Scientific Committee on Emerging and qualification testing, and while acceptance. The FDA examined the Newly Identified Health Risks on the competitive pricing was submitted by exposure to non-ionizing risks related to the use of security two vendors, only Rapiscan was electromagnetic energy and found that scanners for passenger screening that qualified and placed on the Qualified the short duration of screening, use ionizing radiation such as the Product List before the planned award approximately 1.5 seconds, and the very 83 date of September 2009. The award was general-use backscatter AIT machines. low levels of emissions showed that the then made to Rapiscan for the initial The health effects of ionizing radiation energy emitted by millimeter wave order. include short-term effects occurring as technology systems is approximately a tissue damage. Such deterministic R. Millimeter Wave Technology thousand times less than the limit set by effects cannot result from the doses the Institute of Electrical and delivered by security scanners. In the Comments: Some submissions specifically addressed millimeter Electronics Engineers (IEEE). FDA long term, it found that the potential evaluated the Millimeter Wave AIT to cancer risk cannot be estimated, but is technology. Many commenters, determine if the RF emissions met the likely to remain so low that it cannot be including individual commenters and safety levels established for the general distinguished from the effects of other non-profit organizations, stated that public in C95.1–2005. The exposure a exposures including both ionizing although TSA claims that millimeter person receives during one scan at a radiation from other natural sources, wave scanners are safe, they were worst-case distance of 10 cm from the and background risk due to other unconvinced. Several of these inner wall of the unit is on the order of factors. commenters stated TSA had not Regarding commenters’ concerns that conducted long-term, independent 1000 times less than the IEEE standard’s ionizing radiation might cause testing of millimeter wave equipment. limit for the public exposure. IEEE Std deoxyribonucleic acid (DNA) damage, Others noted that the scanners still emit 95.1 defines general public as as TSA noted in the NPRM, the annual a form of radiation and may be harmful. ‘‘individuals of all ages and varying dose limits in ANSI/HPS N43.17 are A non-profit organization added that health status . . . Generally, unless based on dose limit recommendations babies, small children, pregnant women, specifically provided for as part of an for the general public published by the the elderly, and people with impaired RF safety program, the general public National Council on Radiation immunity would be at a higher risk from includes, but is not limited to, children, Protection and Measurements in Report non-ionizing radiation than others pregnant women, individuals with 116, ‘‘Limitations of Exposure to would. An individual commenter impaired thermoregulatory systems, Ionizing Radiation.’’ The dose limits remarked that studies have shown a individuals equipped with electronic were set with consideration given to trend toward higher rates of brain and medical devices, and persons using individuals, such as pregnant women, other tumors in those who use cell medications that may result in poor children, and persons who receive phones, which produce a similar form thermoregulatory system performance.’’ of non-ionizing radiation. Two other [IEEE Std 95.1–2005, page 7, 3.1.26]. 83 The SCENIHR is an independent committee individuals suggested that millimeter TSA has posted a report on its Web site that provides the European Commission with the wave exposure could be harmful to that includes the evaluation performed scientific advice it needs when preparing policy by the FDA.84 and proposals relating to consumer safety, public human DNA because of resonance health, and the environment. The committee is effects. made up of external experts. See SCENIHR Although some commenters 84 ‘‘Compilation of Emission Safety Reports on (Scientific Committee on Emerging and Newly supported the use of millimeter wave the L3 Communications, Inc. ProVision 1000 Active Identified Health Risks), Health effects of security Millimeter Wave Advanced Imaging Technology scanners for passenger screening (based on X-ray technology over backscatter technology, (AIT) System,’’ Sept. 2012. See, www.dhs.gov/ technology), 26 April 2012. an individual and an advocacy advanced-imaging-technology-documents.

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TSA is aware of the paper cited by technology to look under their clothing. there is no individual image of a commenters that reportedly found that The commenter added that the body passenger’s body, only a generic outline THz radiation could affect biological beneath one’s clothing and the contents that is the same for passengers based on function, but only under specific of one’s pockets traditionally have been gender. The AIT equipment used by conditions and extended exposure. The understood as among the most TSA is not able to store, transmit, or paper, ‘‘DNA Breathing Dynamics in the important and intimate zones of print any images. After each passenger Presence of a Terahertz Field,’’ was privacy. is screened using the AIT, the TSO published by scientists from the One commenter noted that passengers clears the generic outline of any alarms Theoretical Division and Center for must reveal private medical conditions so that the next passenger may be Nonlinear Studies at Los Alamos to TSA officers who are not trained in screened. Signs are posted at the National Laboratory in 2010. The medicine, and others stated that checkpoint and information is available millimeter wave machines deployed by investigating private details of on TSA’s Web site showing a sample of TSA do not operate in the THz range, passengers’ bodies is deeply offensive the ATR generic outline and advising or at the power level referenced in the and has no security value. A community passengers that they may decline AIT paper, and the exposure time for organization agreed that privacy is and receive a thorough pat-down. The passengers screened by AIT is invaded when a passenger is forced to court in Corbett found that the approximately 1,000 times less than the share personal secrets that are not ‘‘scanners pose only a slight intrusion exposure time referenced in the paper. otherwise observable in public— on an individual’s privacy, especially in TSA has evaluated other technologies especially sensitive medical and gender the light of the automated target to assess whether they are safe, meet all identity issues. One commenter, recognition software installed in every applicable government and industry however, expressed the opinion that scanner. The scanners now create only standards, are effective against known over the years, TSA staff has become a generic outline of an individual, and anticipated threats, and require the more respectful of individual passenger which greatly diminishes any invasion least disruption and intrusion on privacy. of privacy.’’ 85 passenger privacy possible. For A privacy advocacy group pointed out TSA has posted information on AIT example, TSA has tested passive THz that since January 2008, TSA has technologies and ATR on its Web site, systems in the past and found that they published four Privacy Impact and published a PIA in January 2008 were not effective in detecting explosive Assessments (PIAs) regarding the with subsequent updates. TSA also threats in an airport environment. agency’s deployment of body scanners conducted outreach with national press Likewise, TSA considered Infrared at U.S. airports. The commenter opined and privacy advocacy groups to discuss technology but found that detection that all of these have failed to identify AIT. While most PIAs are required on capability and operational effectiveness the numerous privacy risks to air information systems that collect were limited. However, TSA continues travelers. An individual commenter information in identifiable form, which to research and assess engineering suggested that TSA should be required AIT does not, DHS nevertheless developments and new technologies for to regularly report to Congress about its conducted PIAs on TSA’s use of AIT. As use in the airport. efforts to discover weaknesses in its explained in the PIA, ‘‘the operating mechanisms to protect the privacy of S. Concerns Regarding Privacy protocols of remote viewing for AIT individuals scanned by its systems. machines that were not equipped with Comments: Many submissions Some submissions suggested other ATR software, coupled with no image addressed concerns related to privacy. technologies and procedures for retention, are strong privacy protections Many individual commenters, a non- safeguarding privacy. Among the . . . ATR software provides even greater profit organization, and advocacy procedures recommended by one privacy protections by eliminating the groups expressed the opinion that the individual were: (1) Providing a generic 86 devices should be called ‘‘Nude Body image of all scanned passengers and (2) human image ....’’ TSA disagrees with the alternate Scanners’’ or ‘‘Naked Body Scanners’’ to allowing a person to leave if selected for procedures suggested by some of the indicate specifically how TSA uses a manual search, provided the person commenters. Federal courts have them, and other commenters preferred exhibits no other suspicious behavior. upheld TSA’s procedure to require ‘‘Electronic Strip Searches’’ or ‘‘virtual One commenter suggested that if the passengers to complete the screening strip searches’’ or ‘‘nude-o-scopes.’’ AIT screening procedures detect process once it has been initiated by the Numerous individuals insisted that AIT potentially dangerous objects hidden in scanners violate an individual’s right to passengers’ private areas, the passengers passenger. As the U.S. Court of Appeals privacy, that TSA’s privacy safeguards should be allowed to remove the for the Ninth Circuit explained in are inadequate, and that the scanners suspicious objects, show them to TSA Aukai, should not be used on children. Some officers, and be rescreened using AIT. The constitutionality of an airport search, commenters stated that if scanners are Another individual suggested however, does not depend on consent . . . viewing anything under a person’s developing technology to combat and requiring that a potential passenger be clothing, then that person’s privacy is allowed to revoke consent to an ongoing scanner fatigue, providing oversight in airport security search makes little sense in not being protected, because anything screening rooms, and addressing the a post-9/11 world. Such a rule would afford under the clothing is intentionally threat of privacy or security breaches terrorists multiple opportunities to attempt to hidden and not meant to be viewed by when the status of a passenger is relayed penetrate airport security by ‘electing not to man or machine. An advocacy group by two-way radio. fly’ on the cusp of detection until a agreed that AIT defeats the privacy- TSA Response: As stated previously, vulnerable portal is found. This rule would protecting function of clothing and Federal law requires that all AIT also allow terrorists a low-cost method of allows an image of the unclothed person equipment used to screen passengers detecting systematic vulnerabilities in airport to be created. An individual commenter must be equipped with and employ the remarked that the problem with TSA’s use of ATR. The ATR software produces 85 Corbett, 767 F.3d at 1181. 86 Privacy Impact Assessment Update for TSA use of AIT for primary screening is it a generic outline that is publicly Advanced Imaging Technology, Jan. 25, 2011, teaches people it is normal and displayed on the equipment. The use of www.dhs.gov/xlibrary/assets/privacy/privacy-pia- acceptable for the government to use ATR mitigates privacy concerns because tsa-ait.pdf.

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security, knowledge that could be extremely U. Protection of Images outline that is publicly displayed on the valuable in planning future attacks. Comments: Commenters also equipment. A picture of the generic addressed the issue of image protection outline is posted at the checkpoint and U.S. v. Aukai, 497 F.3d 955, 960–61 (9th 87 controls. Numerous individual on TSA’s public Web site. Cir. 2007) (en banc) (internal citations Consequently, the individual image has omitted). Finally, TSA’s procedures commenters suggested that they were not convinced by TSA’s assertions been eliminated and there is no longer permit passengers generally to opt out of any need for a TSO in a remote location AIT screening and receive a thorough regarding image protection. Several individual commenters mentioned to view the image. pat-down instead, which may be Initial versions of AIT were reports of incidents involving recorded conducted in private and in the manufactured with storage and and leaked images from scanners, such presence of a companion of the transmittal functions that TSA required as the reported release of 35,000 images passenger’s choosing. manufacturers to disable prior to created by a Rapiscan machine at a installation at airports. TSA confirmed T. Use of ATR Software courthouse in Florida. Other individuals that these functions were disabled and advocacy groups warned that during factory acceptance testing and Comments: Some submissions because the scanners have the capability discussed TSA’s use of ATR software. site acceptance testing. The TSOs were to store and transmit images, at least not able to activate the functions. As Numerous submissions from individual some storage of images by TSA and commenters remarked that even though explained in the NPRM, images were viewing by others is likely. Some of transmitted securely between the unit ATR software displays a generic outline these commenters alleged that TSA had on the screen at the checkpoint, ATR and the viewing room so they could not falsely stated that previous imaging be lost, modified, or disclosed.88 The does not eliminate air travelers’ privacy machines could not store, transmit, or concerns. Many of these commenters, images produced were encrypted during print images. this transmission and were completely including individuals and advocacy A privacy advocacy group pointed out deleted in the viewing room once the groups, expressed opposition to the use that the scanners were designed to individual was cleared. The TSO in the of ATR because, according to the include Ethernet connectivity, Universal viewing room was prohibited from commenters, ATR can be disabled and Serial Bus access, and hard disk storage, bringing electronic devices such as the scanners are capable of producing but the proposed rule does not include cameras, cell phones or other recording explicit, nude pictures that may be safeguards against storing, copying, or devices into the viewing room. viewed by TSA staff. Individual otherwise circulating images. An Violations of these procedures would commenters and an advocacy group advocacy group added that the scanners subject the TSO to disciplinary action, stated that ATR does not alleviate are worse than a physical strip-search up to and including termination. Note concerns about the intrusiveness of because they produce an image that can that the current versions of AIT do not scanning, its ineffectiveness, the be stored indefinitely, transferred have the capability to create an image; violation of privacy, and possible health around the globe in seconds, and copied rather, they create internal code of the effects. A few individuals and a an infinite number of times without the passenger using proprietary software professional association, however, copies degrading. According to an that it analyzes and uses to show an expressed support for the use of ATR individual commenter, law enforcement alarm box on the generic outline, if because the technology helps mitigate officers can record images without the passengers’ privacy concerns. An appropriate. passenger’s knowledge. Some The AIT devices at airports do not individual commenter stated that TSA commenters, including individuals and took a year longer than legally allowed have the ability to transmit, store, or a privacy advocacy association, print images. While use of AIT in other to cease use of AIT scanners without recommended that TSA clarify what ATR software. locations, such as courthouses, was happens to the images captured, who discussed in the comments, TSA does TSA Response: TSA’s deployment of gets to see them, and whether the not operate AIT in those locations. AIT ATR software was completed in practice of deleting the image after each that is equipped with ATR software accordance with Federal law and before screening is absolute. A couple of does not produce an individual image; the established deadline. TSA agrees individual commenters also suggested even prior to the use of ATR, TSA’s with commenters that the use of ATR that TSA should show the public privacy safeguards, detailed in the software addresses privacy concerns exactly how detailed the image seen in NPRM, would have prevented the since there is no individual image, and the screening room is, or allow production, let alone release, of images there is no need for a TSO to view an passengers being scanned to observe the described in the comments.89 individual image. In addition, TSA personnel monitoring the images. A few believes that the ATR detection individuals, however, expressed V. Conducting a Pat-Down as the capability is commensurate to that of a support for TSA’s efforts to protect Alternative to AIT TSO review and is likely faster, thereby passenger privacy by ensuring that the Comments: Comments also addressed decreasing the amount of time images are anonymous and are the use of the pat-down as the passengers must spend at the automatically deleted from the system alternative to AIT. Many individual checkpoint. TSOs are not able to disable after the remotely located security commenters and an advocacy group the software, and each AIT unit is officer clears them. stressed the importance of having TSA delivered to the airport with software TSA Response: Federal law requires retain the option to undergo a pat-down that precludes placing the unit into a that all AIT equipment used to screen instead of AIT; although some pointed mode that would allow TSOs to obtain passengers be equipped with and out that many passengers select the pat- unfiltered, passenger-specific images. employ ATR. TSA removed all AIT down over AIT only because they Further, the equipment cannot store, equipment that could not use ATR consider it the lesser of two evils. Many transmit, or print individual images, software by May 16, 2013, in advance of and TSOs are not able to install or the statutory deadline. The ATR 87 https://www.tsa.gov/travel/travel-tips. activate any such capability on the software does not produce an individual 88 78 FR 18294. equipment. image but instead produces a generic 89 78 FR 18294.

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individual commenters expressed a down as groping or sexual assault that of AIT screening. TSA places these signs strong preference for the pat-down; involves touching or rubbing of the in the checkpoint prior to the AIT many also stated that they always breasts and genitals of passengers. The machine. Generally, the signs are 11 x request a pat-down in lieu of AIT pat-downs were referred to as rough, 14 inches to avoid impeding the flow of screening. Some individual painful, invasive, offensive, intrusive, passengers, because the signs are commenters, however, expressed strong humiliating, demeaning, and degrading. located in an area where passengers opposition and criticism of current pat- Some commenters provided anecdotal walk to enter the AIT unit. However, down procedures. Some individual accounts related to their experiences TSA permits signs that are 22 x 28 commenters expressed their preference being screened by TSA. The majority of inches. TSA appreciates the to receive a pat-down, but stated that these comments referred to personal commenters’ input on the placement they feel ‘‘punished’’ by TSA staff when accounts of pat-downs, including and font size associated with the signs, requesting the alternative screening statements that the pat-downs were and may in the future revise signage measure. Several commenters opined abusive and extended wait times. Other practices to make this information even that TSA screeners deliberately make individual commenters stated that more prominent to passengers. the opt-out unpleasant so that because of their negative pat-down While commenters wrote that the passengers will use the AIT scanners. experiences, they have cancelled air thoroughness of the pat-down is Submissions included remarks about travel plans. A number of individual inappropriate, it would not make sense the adequacy of information and signs at commenters stated that in their to allow passengers to opt out of AIT screening checkpoints about the AIT experience, TSA employees generally unless the alternative has similar ability screening process. For example, treat passengers in a courteous and to detect both metallic and non-metallic multiple commenters stated that TSA professional manner. threat items. The pat-downs are tailored currently lists the scanner as optional, Commenters also expressed concerns to address the known threat posed by in small print on an 11 x 14 inch poster regarding profiling. A few individual concealed metallic or non-metallic at a crowded checkpoint. Commenters commenters, for example, stated that explosives or other weapons, including suggested there is a lack of adequate TSA staff intentionally chose young, those concealed on culturally sensitive signage informing passengers of the female travelers for pat-downs at a areas of the body in order to evade right to opt-out of AIT. One of these higher rate than other travelers. Other detection. The court in the Corbett individual commenters suggested that, commenters suggested that TSA staff decision upheld the constitutionality of in order to allow passengers adequate discriminate against children and the pat-down. ‘‘The pat-downs also time to read about their right to opt-out elderly women. It was the concern of an promote the governmental interest in of AIT, these signs should be posted individual commenter that an enhanced airport security because security officers throughout the security waiting area pat-down of a child can be detrimental physically touch most areas of instead of in the area where passengers to the child’s understanding of the passengers’ bodies .... Undeniably, a are being called forward for screening. appropriateness of an adult touching full-body pat-down intrudes on privacy, A commenter stated that different them. Furthermore, the individual but the security threat outweighs that airports want people to indicate that commenter remarked that the separation invasion of privacy.’’ 90 The court noted they are opting out at different times, of the child from their parent for that TSA’s procedures when conducting but passengers have no way of knowing screening results in distress for both the a pat-down reduce the invasion of when to opt out. An advocacy group parent and child. Several individuals, a privacy.91 stated that notification of the opt-out non-profit organization, and an The pat-down procedures are option is not large enough and is placed advocacy group expressed concern for described on TSA’s Web site.92 A pat- in an area where passengers will not see children that must undergo touching down is performed if a passenger cannot the notice. A non-profit organization during pat-downs. Many individuals undergo WTMD or opts out of AIT stated that passengers continue to report and an advocacy group also mentioned screening. A pat-down is also performed that signs are not available, even though psychological trauma caused by pat- to resolve alarms or anomalies. A less TSA stated in the NPRM that detailed downs, particularly for rape survivors invasive pat-down may be performed on explanation of AIT procedures is and victims of sexual abuse. A few a random basis. TSA advises available on its Web site, and signs are individual commenters noted that pat- individuals entering the checkpoint to posted at checkpoints. downs impose unnecessary risks, given divest all items on their person and in Other individuals and a privacy that most TSA screeners do not change their pockets to reduce the likelihood advocacy group emphasized that the their gloves often enough to prevent the that an alarm will occur. A pat-down is pat-down is not a reasonable alternative. spread of disease. conducted by a TSO of the same gender Many individual commenters remarked TSA Response: TSA allows as the passenger. A passenger may that when they choose to opt-out of AIT, individuals generally to opt out of AIT request that the pat-down be performed they are treated with suspicion, public screening and undergo a thorough pat- in private. During a private screening, ridicule, hostility, and retaliation (e.g., down instead. TSA has no requirement another TSA employee will always be long and intentional delays) by the as to when a passenger should indicate present and a companion of his or her screener, and often are unable to that he or she does not wish to undergo choosing may accompany the passenger. monitor their belongings. Other AIT screening. Generally, passengers In addition, the passenger is permitted individuals and advocacy groups should make their request for a pat- to bring his carry-on baggage to the objected to the manner in which some down when they are directed to the AIT location where the pat-down will take TSA staff conduct pat-downs, stating and prior to entering the AIT machine. place, including any private screening they are more invasive and intrusive Such requests can also be made earlier area. A passenger may ask for a chair if than necessary to detect weapons or in the screening process. While AIT has he or she needs to sit down. Ordinarily explosives. been used to conduct primary passenger Numerous commenters, including a screening since 2009 and millions of 90 Corbett, 767 F. 3d at 1182. community organization, a non-profit passengers are aware of and have been 91 Id. organization, and individual screened by AIT, TSA posts signs to 92 https://www.tsa.gov/travel/frequently-asked- commenters, characterized the pat- inform passengers that they may opt-out questions.

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a passenger will not be asked to remove may also file discrimination complaints that because TSA has the authority to or lift any article of clothing to reveal a with DHS CRCL via CRCL’s Web site at fine passengers for refusing to complete sensitive body area. TSA has modified http://www.dhs.gov/complaints. screening, it is incumbent upon TSA to its pat-down procedures for children age publish the details about the screening W. AIT Screening Procedures at the 12 and under and adults age 75 and over process. Checkpoint to be less invasive and to reduce the A community organization stated that likelihood that a pat-down is Comments: Many submissions those with medical issues are often performed.93 Further, TSA will not discussed AIT screening procedures at chosen for secondary screening at a separate parents from their children security checkpoints. Some comments higher rate than those without medical during the screening process. Passengers suggested that AIT screening increases issues. According to a community may request that TSOs change their the wait time at security checkpoints. organization, although the TSA Web site gloves before performing a pat-down. Specifically, a few individual explains that the head coverings of Since a pat-down is conducted to commenters stated that the requirement travelers, including Sikh turbans, could determine whether prohibited items are to remove shoes, articles of clothing, be subject to additional security concealed under clothing, sufficient belts, and other items slows the process screening, TSA staff has advised Sikh pressure must be applied in order to of screening. Commenters generally travelers that screening of the turbans is ensure detection. TSOs are trained to stated that AIT machines are slow. mandatory, even if the screening device inquire whether a passenger has an According to an individual has not alarmed during screening. The injury or tender area prior to initiating commenter, screening procedures are same commenter also stated that Sikh the pat-down so that such areas are not implemented consistently at travelers continue to experience treated accordingly. checkpoints and airports because TSA disparate rates of secondary screening TSOs are trained to be courteous and employees are not familiar with the despite TSA’s Web site stating that AIT respectful to all passengers and to procedures. Another individual scanners can detect threats under layers provide assistance to facilitate the commenter stated that since metal of clothing without physical inspection screening process. TSA will make every detectors and pat-downs are the of the traveler. The commenter effort to be respectful of passengers’ screening methods used for TSA concluded that TSA should conduct concerns, including those who have employees and passengers using TSA’s public, independent audits of TSA particular sensitivities to physical ‘‘Pre-Check’’ screening process, the screening practices to determine the touching and to accommodate a general public should be screened in the extent of profiling based on race, person’s needs. TSOs may not same manner. Similarly, a few ethnicity, religion and national origin. A deliberately delay or modify a pat-down individuals suggested there are several non-profit organization, however, in order to convince passengers to loopholes in the AIT screening process suggested that failure to profile choose AIT screening; such activity may (groups of passengers that are ineligible passengers based on ethnicity, religion, subject a TSO to discipline, up to and for AIT) that render AIT useless. and national origin would undermine including termination. Others provided comments regarding risk-based security strategies. As explained on TSA’s Web site, TSA the non-public nature of TSA’s Standard Some commenters, including has established a national hotline for Operating Procedures (SOPs). Most individuals and non-profit passengers with disabilities, medical commenters questioned why organizations, expressed concern conditions, or other circumstances to information about screening procedures regarding the potential theft of personal assist passengers to prepare for the is not released to the public. An items during AIT screening. Several of screening process prior to flying.94 TSA individual commenter stated that these commenters suggested that recommends that passengers call the because the AIT scanners have been alternatives like WTMD allow the toll-free TSA Cares hotline, at 1–855– deployed, and ‘‘enhanced pat-downs’’ passenger to maintain control of their 787–2227, 72 hours in advance of their are in effect, TSA should be able to non-metallic valuables during screening flight for information about what to release procedures for the screening and that control is relinquished when a expect during screening. process. An advocacy group stated that, passenger is separated from their Passengers who believe they have if TSA does not provide its SOPs to the possessions to be screened by AIT. experienced unprofessional conduct at a public, the public will be unaware of TSA Response: TSA’s procedures for security checkpoint may request to the checkpoint requirements and what, checkpoint screening are described on speak to a supervisor at the checkpoint if any, guidelines there are for decision- TSA’s Web site.96 The description or write to the TSA Contact Center at making by TSA staff or contractors as to includes a specific explanation of AIT [email protected]. what constitutes a screening. The and pat-down procedures.97 TSA uses Passengers who believe they have been commenter suggested that TSA has kept AIT because it is the best technology subject to discriminatory treatment at the SOPs from the public so screening currently available to address the the checkpoint may file a complaint practices can be varied and known threat of nonmetallic explosives with TSA’s Office of Civil Rights and unpredictable. The commenter stated being concealed under clothing. Liberties, Ombudsman and Traveler that as a result, travelers could not Because the AIT alarms when it detects Engagement at TSA–[email protected], distinguish legitimate demands from what it registers as an anomaly, at times or submit an online complaint at illegitimate or unauthorized demands. additional screening must be performed https://www.tsa.gov/contact-center/ An individual commenter suggested to determine whether there is a threat. form/complaints.95 Finally, travelers that the majority of passengers are TSA advises passengers to remove all uninformed about the risks associated items from pockets to reduce the 93 https://www.tsa.gov/travel/special-procedures/ with AIT and the screening process. likelihood that the AIT will detect an traveling-children and https://www.tsa.gov/travel/ This commenter, as well as another item and that additional screening will special-procedures/screening-passengers-75-and- individual, stated that passengers need be required. Passengers do not older. to know what is expected of them at 94 https://www.tsa.gov/travel/passenger-support. experience additional wait time due to 95 More information on TSA Civil Rights is TSA checkpoints before they can give available at https://www.tsa.gov/travel/passenger- consent to how they will be searched. 96 https://www.tsa.gov/travel/security-screening. support/civil-rights. Similarly, another commenter stated 97 Id.

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use of AIT equipment because the x-ray types of head coverings. TSA’s Web site a physical disability or medical issue. screening of carry-on baggage affects the also describes procedures for passengers Some commenters suggested that overall screening process; in sum, with medical conditions.101 While all travelers with physical disabilities passengers wait for their personal passengers and items, including medical should not be made to go through the belongings regardless of which devices, must be screened prior to often-taxing process of pat-down passenger screening technology is used. entering the sterile area of the airport, procedures. A privacy advocacy group TSA encourages passengers to prepare some medical devices must undergo stated that TSA has not considered the for screening in advance by packing all additional screening in order to ensure negative impact the proposed rule has personal items in their carry-on bag that a threat item is not present. All on travelers with special needs, prior to entering the checkpoint in order such devices are permitted once cleared. particularly those with medical devices. to reduce the time spent in screening Passengers with medical conditions may The commenter stated that aside from and to avoid the chance that such items call the TSA Cares hotline to receive pat-downs, which the commenter will be left behind. As noted on the Web specific screening information. described as embarrassing or site, AIT screening is safe for all TSA makes every effort to ensure that humiliating, no alternative screening is passengers and is generally available to passengers are able to maintain sight of discussed for those travelers who have all passengers. their carry-on baggage except while it is medical devices, like prosthetics and TSA’s SOPs are internal documents inside the x-ray machine. Generally, pacemakers, which prevent them from that contain instructions for TSOs on carry-on baggage is being x-rayed while being screened using an AIT scanner. how to operate equipment and conduct the passenger undergoes AIT screening An individual commenter expressed screening. TSOs receive extensive and usually the passenger completes fear that the electromagnetic field of the training to perform screening as AIT screening before the baggage AIT scanners may be calibrated to a described in the SOPs. These screening is complete. TSA will level that would cause their heart pump documents are SSI and cannot be shared cooperate with State and local law to malfunction. An individual with the public. 49 CFR part 1520. The enforcement if a theft occurs. TSA has commenter stated that because the SSI status of these documents has been a zero-tolerance policy for theft by its proposed rulemaking has not addressed upheld by the courts and is outside the officers. Any allegation of such activity the potential impacts that TSA 98 scope of this rulemaking. However, is investigated, and if infractions are screening activities may have on rape public procedures and information proven, offenders are disciplined, which victims, TSA should stop using body regarding the screening process are can include removal from the agency’s imaging technology, cease the practice described on TSA’s Web site. employment.102 of pat-downs, and rely on the use TSA’s Pre✓ TM program offers X. AIT Technology Screening magnetometers. An advocacy group and expedited screening for passengers individual commenters expressed identified as low-risk through pre- Procedures for Families and Individuals concern for the emotional effect that screening. For example, passengers who With Medical Issues both pat-downs and body imaging have a Known Traveler Number issued Comments: Some commenters technology can have on travelers who by TSA or U.S. Customs and Border discussed the adequacy of AIT have experienced past emotional and Protection are considered lower risk screening procedures as they relate to physical trauma due to sexual assaults. because they have undergone a vetting families. Some individual commenters process or background check. Because recommended that TSA not allow adults A number of individual commenters of the pre-screening, they are more to conduct a pat-down on children. expressed concern regarding the AIT likely to be eligible for expedited Furthermore, one of these commenters screening procedures and related screening than passengers who have not also stated that it is inappropriate for privacy issues for transgender undergone any type of pre-screening. children under the age of 18 to be individuals. An advocacy group TSA is encouraging all passengers to exposed to the AIT scanner. Although provided information regarding the term consider joining the program, and one individual commenter stated that ‘‘transgender’’ and referred to Office of additional information is available on children should never be separated from Personnel Management guidance on the TSA’s Web site.99 their parents, another individual process of gender transition. Several TSA does not engage in any type of commenter suggested that all travelers, commenters, including advocacy religious profiling. Special including children and their families, groups, stated that transgender consideration is given to passengers should be subject to AIT because all individuals are concerned that the who wear religious head coverings. As other travelers are subject to AIT. screening process will lead to explained on TSA’s Web site, persons Many submissions addressed discrimination, the revelation of their wearing any type of head covering may passengers with disabilities or medical gender status to screeners and others at be subject to additional screening of the conditions that make them ineligible for the checkpoint, and humiliation. An head covering if the TSO cannot AIT screening. Several commenters individual commenter stated that reasonably determine that the head area expressed their general opposition to transgender people often receive 100 is free of a threat item. If it is the use of AIT for those with medical heightened scrutiny of their bodies and necessary to remove the head covering, conditions. Individual commenters documents because of a lack of the passenger may request to remove it explained that because of their insulin education and prejudice by TSA in a private screening area. All TSA pumps they do not have a choice but to screeners. Some individual commenters employees are required to take religious opt-out of AIT and therefore are and advocacy groups explained that the and cultural awareness training, which subjected to invasive pat-downs and screening process for transgender includes information concerning certain longer screening periods. Other individuals with prosthetics could be commenters stated that the AIT difficult because the prosthetics are 98 Blitz v. Napolitano, 700 F.3d 733, 737 (4th Cir. scanners discriminate against those with detected as anomalies by the AIT 2012) (stating that ‘‘the specifics of [TSA’s scanners, which leads to a more checkpoint screening] procedures constitute SSI). 99 https://www.tsa.gov/tsa-precheck. 101 https://www.tsa.gov/travel/special-procedures. extensive search of their person and 100 https://www.tsa.gov/travel/frequently-asked- 102 Since 2005, approximately 380 employees questioning from TSA staff. Some questions. have been disciplined or terminated for theft. individual commenters and advocacy

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groups discussed the need for an communications. The card is available request a supervisor at the checkpoint to alternative to pat-downs and AIT at www.tsa.gov/sites/default/files/ discuss the matter immediately or to screening for transgender individuals. disability_notification_card_508.pdf. submit a concern to TSA’s Contact Some commenters, however, Passengers who have an insulin pump Center at [email protected]. expressed support for the use of AIT. may be screened using AIT or may opt Travelers who believe they have For example, travelers with joint for a pat-down. The FDA millimeter experienced discriminatory conduct replacements stated a preference for AIT wave report posted on TSA’s Web site because of a protected basis may file a because a full body search would includes personal medical electronic concern with TSA’s Office of Civil otherwise be required with WTMD device test results.105 The FDA found Rights & Liberties, Ombudsman and screening. An individual commenter that no effects were observed for any of Traveler Engagement (OCRL/OTE) at who expressed support for AIT also the devices tested, including insulin [email protected], or submit an recommended that the scanners be pumps, pacemakers, neurostimulators, online complaint at https://www.tsa. enlarged to accommodate medical implantable cardio defibrillators, and gov/contact-center/form/complaints.107 equipment carried by travelers. blood glucose monitors, and that the Finally, travelers may also file TSA Response: TSA’s Web site risks that non-ionizing millimeter wave discrimination complaints with DHS contains information regarding emissions could disrupt the function of CRCL via CRCL’s Web site at screening procedures for children, the tested devices is very low.106 TSA’s http://www.dhs.gov/complaints. travelers with disabilities and medical Web site also advises that passengers conditions, and transgender individuals. with internal medical devices, such as Y. Comments on the Proposed TSA has implemented procedures to a pacemaker or a defibrillator, should Regulatory Text make it easier for children under 12 to not be screened by a metal detector and Comments: Many commenters complete the screening process. For should instead request to be screened addressed the regulatory text proposed example, as explained on TSA’s Web using AIT or a pat-down. See in the NPRM. Many made the general site at www.tsa.gov/travel/special- www.tsa.gov/travel/special-procedures. assertion that the proposed rule is procedures/traveling-children, TSA will TSA advises passengers to remove all vague. Multiple commenters stated that not separate adults from their children items from their pockets to lessen the the NPRM is not clear regarding a during screening. Children age 12 and possibility that a pat-down will be passenger’s right to screening methods under are allowed to leave their shoes needed to resolve an anomaly detected other than AIT. A few individual on during screening. TSA has revised its by AIT. All AIT units used for screening commenters suggested that, by not pat-down procedures for children to be are equipped with ATR software, which discussing alternative screening options, less invasive and its screening eliminates the individual image and TSA is implying that passengers do not procedures more generally, to reduce only reveals a generic outline. have a right to opt-out and be screened the likelihood that a pat-down must be TSA recognizes the concerns of the by a pat-down inspection. Further, an performed.103 Absent extraordinary transgender community and provides advocacy group requested that the circumstances, pat-downs are only information on the screening process for language in the proposed rule should performed by TSOs of the same gender transgender travelers on its Web site at codify that all pat-down searches are to as the passenger. As discussed www.tsa.gov/travel/frequently-asked- be conducted by officers of the same previously, the AIT has been tested and questions. TSA regularly meets with self-identified gender as the traveler, is safe for all passengers, including organizations representing the and not the gender listed on the children. transgender community and works with identification document or the gender TSA has specific screening them to discuss the screening process assigned to the passenger at birth. One procedures for passengers with for transgender travelers. TSA notes that of these commenters recommended that disabilities and medical conditions, and travelers may request a private text be added to the regulation to those procedures are described on screening with a witness or companion 104 specify alternatives for those with TSA’s Web site. These passengers are of the traveler’s choosing at any point in medical or other sensitive needs. An screened by the same technology as the screening process. For travelers who advocacy group stated that the failure to passengers without disabilities and have sensitivities to being touched, the include information regarding an opt- medical conditions; however, additional majority of passengers can be screened out alternative in the proposed rule is in screening of a passenger’s equipment without a pat-down so long as there is violation of the APA. An individual may also be required. As explained no need to resolve alarms. TSA is commenter suggested that text also be previously, the TSA Cares hotline can enhancing its training regarding the included to require appropriate notice provide specific information for persons screening of transgender individuals to to passengers about the use of AIT and with disabilities and medical ensure that screening is conducted in a information about the opt-out option be conditions. Depending upon the dignified and respectful manner. more extensive and posted. One of these complexity of a passenger’s needs, TSA TSA trains its officers to be courteous commenters stated that the NPRM Cares may forward a caller to disability and to treat passengers with dignity and suggests that a passenger who opts-out experts at TSA who may arrange respect. Travelers who believe they have of AIT screening is perceived as assistance at the airport, if necessary. experienced unprofessional conduct at a disrupting the security system. An TSA suggests that passengers with security checkpoint are encouraged to disabilities or medical conditions advocacy group and individual inform the TSO prior to undergoing 105 78 FR 18295. See also https://www.tsa.gov/ commenters stated that the NPRM screening. Passengers who prefer not to FOIA. language stating AIT screening is discuss their condition can obtain a 106 Compilation of Emission Safety Reports on the currently optional indicates that TSA Notification Card for discrete L3 Communications, Inc. ProVision 100 Active may impose mandatory AIT screening Millimeter Wave Advanced Imaging Technology for all passengers in the future. (AIT) System, Version 2, DHS/ST/TSL–12/118, page 103 TSA’s screening procedures may be modified v, September 1, 2012, available at http://www.dhs. to respond to emerging threats and system gov/sites/default/files/publications/tsa- 107 More information on TSA Civil Rights is vulnerabilities. compilation-of-emission-safety-reports-on-the-l3- available at https://www.tsa.gov/travel/passenger- 104 https://www.tsa.gov/travel/special-procedures. communications-inc-ait-system.pdf. support/civil-rights.

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A few individual commenters and Some commenters provided TSA Response: To address many of advocacy groups stated that TSA should suggestions as to how the proposed rule the comments on the proposed clarify key terms in the NPRM, could include protections for regulatory text, TSA is adopting the including ‘‘anomaly.’’ A commenter passengers. A non-profit organization statutory definition of AIT codified at 49 stated that in the absence of any requested that a ‘‘code of conduct’’ U.S.C. 44901(l). The statute defines AIT definitions of ‘‘submit’’ or ‘‘screening,’’ towards passengers and a ‘‘passenger more narrowly as ‘‘a device used in the the rule would be unconstitutionally bill of rights’’ be included in the screening of passengers that creates a vague and overbroad. The commenter regulations. Furthermore, an advocacy visual image of an individual showing implied that such definitions are group suggested that (1) passengers have the surface of the skin and revealing required in order for travelers to the option to be screened in private and other objects on the body; and may understand ‘‘what is prohibited or what with a witness of the passenger’s include devices using backscatter x-rays is forbidden’’ by TSA. Similarly, an choosing; (2) there be a limitation on the or millimeter waves and devices individual commenter and an advocacy requirement for a passenger to lift or referred to as ‘whole-body imaging group noted that the lack of details remove clothing; and (3) pat-downs be technology’ or ‘body scanning regarding screening and inspection limited to the areas on the body where machines’.’’ The definition of AIT in the leaves passengers uninformed regarding an anomaly was detected by the AIT final rule now refers specifically to ‘‘a TSA’s authority and what options scanner. The same advocacy group device used in the screening of passengers have. The advocacy group recommended that the TSA Traveler’s passengers that creates a visual image of suggested that the lack of clarity leaves Civil Rights Policy be codified in the an individual showing the surface of the TSA checkpoint procedures final rule and should include skin and revealing other objects on the unpredictable and inconsistent. An nondiscrimination based on gender body . . . .’’ In addition, in recognition advocacy group recommended that if identity. of privacy concerns, TSA is adopting the word ‘‘anomalies’’ were changed to Some commenters recommended the statutory language requiring the use the detection of prohibited foreign items specific wording to be added to the of ATR software on any AIT used to that pose special risks of creating proposed regulatory text to (1) allow screen passengers. The regulatory text physical danger in the aviation TSA to search locations that are likely now specifies that AIT must be environment, the public’s trust in TSA targets; (2) protect the Fourth equipped with and use ATR software. would increase. Amendment concerns of private The regulatory text defines ATR as Several commenters generally stated citizens; (3) eliminate costs associated software that produces a generic image that the definition of AIT is ambiguous. with legal challenges; and (4) lower that is the same as the image produced A few commenters, including a privacy operational costs. for all individuals. Consistent with advocacy group, suggested that the An individual commenter proposed many comments received, this definition of AIT was vague because it adding text to clarify that screening to definition ensures that there are no did not state that AIT involves the detect anomalies will be conducted passenger-specific images. TSA believes production of images. Similarly, a non- using the least intrusive means. A that the final rule’s definition of AIT is profit organization stated the definition community organization recommended more specific than the proposed of AIT is too broad in that it allows TSA expanding the proposed regulation to definition in the NPRM and better to use other tools and technologies in include specifics regarding how and ensures that the regulation is consistent addition to AIT. An individual when AIT can be used; when enhanced with existing law. This definition also commenter noted that the vagueness of obviates the need for further the regulation leaves the reader with pat-down searches are to be conducted; requirements related to the potential limited understanding of the intention that information on AIT be provided to storage and transfer of images, as the of the NPRM. One individual passengers prior to AIT screening; to rule now requires images produced by commenter stated that the proposed codify a pat-down search option; and to AIT to be generic. regulatory text in the NPRM is address the images generated by AIT. A unconstitutionally vague. non-profit organization suggested that TSA declines to make a number of Similarly, an advocacy group the proposed rule define AIT as ‘‘active’’ other changes to the regulatory text suggested that the proposed rule should imaging technology as opposed to proposed by commenters. TSA does not be revised to clarify the rights and ‘‘advanced’’ so the technology can be refer to the option to undergo a pat- responsibilities of passengers and TSA differentiated from ‘‘passive’’ imaging down instead of AIT in the regulatory with regard to AIT scanning. The technology. text. As noted throughout this preamble, commenter stated that the EPIC opinion An advocacy group suggested that in AIT use generally is optional. TSA provides more information about TSA order to assure passengers that images recognizes that some passengers do not policy than the proposed rule and that from the AIT scanners will not be wish to be screened by AIT and the proposed rule does not fulfill the retained, the definition of the AIT generally, they may choose to undergo court order. This commenter concluded scanners should describe the technology a pat-down. Other screening options are that the rulemaking process for AIT as one that allows screening without not permitted as the pat-down has the scanning should begin anew. According subsequent retention of individual similar capability to detect both metallic to an advocacy group, clarifying the passenger image data. The same and non-metallic threats. TSA also limits of screening objectives will commenter proposed that training recognizes that some passengers are enhance the public’s trust in TSA’s regarding how to work with diverse ineligible for AIT (for example, they are screening program. Another individual populations be required in the final not able to stand unattended or raise commenter stated that the EPIC decision rule. their arms in the manner required for required TSA to develop written rules A few commenters, including AIT screening). These passengers must for screening at checkpoints. The individual commenters and a non-profit undergo a pat-down in lieu of AIT. TSA commenter stated that the terminology organization, stated that TSA’s summary also notes that it may require AIT use, used in these rules should be more of the proposed rule was a without the opt-out alternative, as descriptive of what will, and will not, misrepresentation of the facts and warranted by security considerations in occur during pat-downs. screening options. order to safeguard transportation

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security. Thus, TSA has not codified an security.108 Current regulations already security procedures and equipment, as opt-out alternative in this rule. specify the responsibilities of some of the relevant information is SSI As discussed above, in response to passengers and other individuals who as specified in TSA regulations. See 49 comments, TSA has removed the term seek to enter the sterile area of an CFR part 1520. In addition, some ‘‘anomaly’’ from the regulatory text to airport or board an aircraft. Regulations relevant information is classified and avoid confusion regarding the meaning provide that ‘‘[n]o individual may enter further restricted from public a sterile area or board an aircraft disclosure. It would not be practical for of the term. However, TSA is not without submitting to the screening and TSA to make every security measure adopting comments regarding the use of inspection of his or her person and public, as that would certainly make it the terms ‘‘screening’’ and ‘‘submit.’’ accessible property in accordance with easier for terrorists to circumvent such These terms are used throughout TSA the procedures being applied to control measures in order to carry out an attack. regulations; in the NPRM, TSA did not access to that area or aircraft.’’ See 49 In addition, codification of alternative propose to modify any other regulatory CFR 1540.107(a). These regulations do screening options would seriously provisions that use these terms, and not detail every particular screening impede the flexibility needed to TSA believes that it could be confusing method, policy, or technology that TSA respond to security threats. TSA’s to add a general definition that would employs at the checkpoint.109 procedures and equipment are designed affect those provisions. Nor does TSA In the NPRM, TSA proposed to codify to assist in the detection of concealed believe that a definition specific to this the use of AIT to conduct security items that individuals are attempting to section would be particularly useful, screening to comply with the ruling in smuggle into the sterile area or on board given that relatively few commenters EPIC. TSA is not adopting comments an aircraft.110 Depending on the found material ambiguity in the terms requesting that TSA also codify circumstance, changes in certain ‘‘screening’’ and ‘‘submit.’’ TSA notes alternative screening options in the final procedures may be necessary on a global that a definition of ‘‘screening function’’ rule. TSA may be unable to disclose or case-by-case basis to respond in real- is contained in 49 CFR 1540.5. TSA details about some alternative screening time to a threat, resolve an alarm, deal does not intend to alter that definition options publicly. Federal law requires with equipment malfunctions, in this rulemaking. TSA’s changes to the TSA to promulgate regulations to accommodate individuals with regulatory text are intended to maintain prohibit the disclosure of information disabilities or other unique needs, or consistency with the definition of AIT obtained or developed in carrying out address other situations that could arise developed by Congress to limit the use security that TSA decides would be at the security checkpoint. For instance, of AIT for screening passengers and to detrimental to the security of sometimes types of clothing or physical address privacy concerns. TSA believes transportation. 49 U.S.C. 114(r). TSA attributes present particular challenges that using a different definition or cannot publicly disclose all the that require changes to screening including terminology not used by information that would be necessary to techniques in order to conduct the Congress, such as ‘‘active’’ or ‘‘passive,’’ allow for complete public discussion of thorough screening required to detect would not meaningfully enhance the concealed items. 108 See 49 U.S.C. 114(e) (listing TSA’s In short, TSA could not operate clarity of the provision, and could create responsibilities to include ‘‘day-to-day Federal confusion about what is meant by effectively if it was required to conduct security screening operations for passenger air notice and comment rulemaking ‘‘active’’ and ‘‘passive.’’ In addition, by transportation . . .’’); 49 U.S.C. 114(f) (describing whenever a change in a security adopting the statutory definitions in the other TSA duties and powers to include ‘‘develop policies, strategies, and plans for dealing with equipment, policy, or procedure was regulation, TSA will deploy the types of threats to transportation security . . . enforce needed. The APA generally does not AIT equipment that Congress intended security-related regulations and requirements . . . require TSA to amend or issue to be used to conduct passenger identify and undertake research and development regulations for most checkpoint screening. activities necessary to enhance transportation security . . . inspect, maintain, and test security screening equipment, policy, and As discussed in previous responses facilities, equipment, and systems . . . and oversee procedure changes; for TSA to the implementation, and ensure the adequacy, of and in the NPRM, TSA’s Web site security measures at airports and other voluntarily submit to such a provides a public description of AIT transportation facilities’’); and 49 U.S.C. 44925 requirement would undermine TSA’s procedures for passengers. See 78 FR (directing DHS to give a high priority to ability to adapt quickly to new security 18296–18297. The Web site also ‘‘developing, testing, improving, and deploying, at threats and ‘‘mire the agency in fruitless airport screening checkpoints, equipment that 111 describes when a pat-down is detects nonmetallic, chemical, biological, and delay, expense, and inefficiency.’’ performed, that a passenger may request radiological weapons, and explosives, in all forms, Moreover, any additional regulatory text private screening with a companion of on individuals and in their personal property.’’). with sufficient flexibility for TSA to the passenger’s choosing, and that 109 Before TSA was established, the FAA operated adapt quickly to new security threats under a very similar broad regulatory framework ordinarily a passenger will not be that also afforded discretion with respect to the would severely undercut the usefulness requested to remove or lift clothing to specifics of checkpoint screening. See, e.g., Airport to the public of additional regulatory reveal a sensitive body area. TSA’s and Airplane Operator Security Rules, 51 FR 1350 text. Instead, consistent with screening procedures are sensitive (Jan. 10, 1986) (final rule) (issuing former 14 CFR longstanding practice and the EPIC 107.20, which provided that ‘‘[n]o person may enter security information, 49 CFR a sterile area without submitting to the screening of decision, TSA’s regulations establish the 1520.5(b)(9), and cannot be publicly his or her person and property in accordance with requirement to undergo screening, and divulged in significant additional detail. the procedures being applied to control access to set the parameters under which TSA has that area’’). In addition, just as TSA does now, the the flexibility, within the bounds of its TSA strives to provide information on FAA typically responded to evolving threats by its Web site so that travelers will making changes to checkpoint screening procedures generally know what to expect when under its broad regulatory authority rather than by 110 See George v. Rehiel, 738 F.3d 562, 578 (3d they arrive at an airport. issuing new regulations. Nader v. Butterfield, 373 Cir. 2013) (noting that TSA operates in ‘‘a world F. Supp. 1175, 1177 (D.D.C. 1974) (explaining that where air passenger safety must contend with such Congress has vested TSA with broad the FAA responded to ‘‘an alarming rash of bomb nuanced threats as attempts to convert underwear authority to use the equipment, threats and airplane seizures’’ in 1972 by into bombs and shoes into incendiary devices’’). 111 measures and procedures TSA deems implementing new checkpoint screening Guardian Fed. Sav. & Loan Ass’n v. Fed. Sav. procedures through a telegram emergency order to & Loan Ins. Corp., 589 F.2d 658, 668 (D.C. Cir. necessary to protect transportation the agency’s Regional Directors). 1978).

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statutory mandate as well as other reiterate such policies in the instant radiation from AIT was determined to applicable Federal laws and policies, to rulemaking in particular. Similarly, TSA be so low as to present a negligible risk choose screening equipment, adopt adheres to the statutory requirements to passengers, airline crew, airport specific screening policies, and regarding the conduct of screening of employees, and TSA employees. The ‘‘prescribe the screening process.’’ 112 persons and property and will not machines were tested, and doses were In addition, although TSA has include SSI in its public rules. In found to be below the ANSI/HPS determined not to codify additional response to the commenter who standards. The standards consider the policies and procedures in the identified certain costs for TSA to impact of radiation on individuals, such regulatory text, TSA advises the public include in the regulation, TSA notes as pregnant women, children, and on what to expect at the checkpoint, and that costs are described in the RIA persons who receive radiation constantly strives to improve the accompanying this final rule. treatments, who may be more screening experience. When TSA susceptible to radiation health effects. Z. Costs of the Proposed Rule policies affecting screening are AIT equipment has been subject to modified, TSA provides additional Comments: Dozens of submissions extensive, independent testing that has information to the public through its addressed the overall costs associated confirmed that it is safe for individuals Web site as appropriate. TSA with the proposed rule. Several being screened, equipment operators, acknowledges the concerns expressed individual commenters and a non-profit and bystanders. The exposure to by commenters seeking assurance that organization stated that AIT scanners ionizing x-ray beams emitted by the they are being treated in accordance would be too costly, and suggested that backscatter machines that were removed with established policies and TSA invest in other, less expensive pursuant to statute, as well as the non- procedures. TSA has posted screening screening methods. Another individual ionizing electromagnetic waves from the information on its Web site to facilitate commenter stated that the cost analysis millimeter wave machines are well the secure and efficient processing of should have included a rigorous below the limits allowed under relevant passengers when they arrive at an probability and statistical analysis to national health and safety standards 114 airport.113 As explained above, TSA also estimate ‘‘difficult to compute’’ costs for (See Chapter 2, page 104 of the NPRM provides various opportunities for sub-populations. For example, the RIA). individuals to obtain help in commenter suggested that TSA include The cost estimates in the NPRM RIA understanding the screening process, to costs for travelers who are more Summary Tables 4 through 6 are express concerns regarding screening, vulnerable to radiation, immune- displayed in thousands of dollars, as and to submit complaints regarding suppressed, or suffering from skin presented in the table titles as ‘‘Costs in unprofessional conduct by TSA cancer. With regard to the RIA posted in $1,000s.’’ For example, $1 shown in personnel. Finally, TSA’s training and the docket, an individual commenter Table 4 represents one thousand dollars. procedures already require officers to asked TSA to clarify the units for the In the final rule RIA, costs are presented treat every passenger with dignity and cost data included in Summary Tables in millions of dollars throughout the respect and make every effort to 4 through 6. document to avoid confusion. accommodate passengers’ needs while TSA Response: TSA estimated the AA. Passenger Opportunity Costs processing through screening. costs of AIT and compared to four and Violations of these standards subject five other alternatives in the RIA for Comments: Dozens of submissions both the NPRM and final rule RIA, officers to discipline, up to and directly addressed passenger respectively. TSA determined that AIT including termination. opportunity costs associated with the Finally, regulatory text is not needed has a number of advantages over the proposed rule. Individual commenters to address commenters’ stated other alternatives. AIT maintains lower and advocacy groups stated that TSA constitutional concerns as multiple personnel cost and a higher passenger did not include adequate costs for courts of appeal have found that TSA’s throughput rate than other alternatives passenger delays due to AIT. Using airport screening protocols do not considered (for detailed description of average time lost passing through violate the Fourth Amendment. For alternatives see Chapter 3 in both the security and average wage rates, several NPRM and final rule RIAs). After example, the EPIC decision holds that of these commenters estimated weighing the qualitative advantages and TSA’s use of AIT is constitutional and additional passenger opportunity costs disadvantages of each alternative, TSA meets legal requirements; although ranging from $450 million per year to elected to maintain AIT as a means of TSA’s screening operations are of course $15.2 billion per year. One commenter screening passengers to mitigate the subject to certain legal constraints, TSA estimated the additional delay in terms vulnerability that exists with the is not required to describe or interpret of lost lifetimes and stated the proposed inability of WTMDs to detect non- every such constraint in this regulatory rule would lead to 18 lifetimes lost per metallic threats. year due to waiting in passenger text. TSA has also explained its TSA performed its cost analysis using screening lines. An advocacy group adherence to federal law and DHS the most recent, comprehensive and cited a 2008 report that found TSA policies regarding the use of race, readily available data. Federal law and security increased delays by 19.5 ethnicity, gender, national origin, regulations require all passengers to be minutes in 2004. A commenter also religion, sexual orientation, or gender screened prior to boarding an aircraft. suggested that TSA estimate other identity in agency operations. To the There was no need to perform a opportunity costs associated with opt- extent that such generally applicable probabilistic or statistical analysis to outs, including the cost of enduring the policies have applications in the estimate the populations affected as checkpoint screening context, it would TSA used its actual passenger screening 114 The FDA has found that millimeter wave is be unnecessary, unduly cumbersome, records in its estimates. Furthermore, and outside the scope of this rule to safe and states on its Web site ‘‘[m]illimeter wave data used to determine AIT capabilities security systems which comply with the limits set are based on years of tests on detection in the applicable national non-ionizing radiation 112 EPIC, 653 F.3d at 3. safety standard . . . cause no known adverse health 113 See for example, www.tsa.gov/travel/security- capabilities and performance standards. effects.’’ http://www.fda.gov/Radiation-Emitting screening and www.tsa.gov/travel/special- TSA did not include radiation-related Products/RadiationEmittingProductsand procedures. costs in the RIA because the level of Procedures/SecuritySystems/ucm227201.htm.

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pat-down itself, because both the differ from the logistics exercised in the costs because the analysis uses a passenger and the TSA agent would trial in Australia. TSA relies on its own constant utility cost per unit installed prefer to avoid the pat-down. findings from the field to make a over the 8-year lifecycle. The Many other commenters, including a determination of wait times in the RIA. commenter stated that since electricity non-profit organization and individuals, The small percentage of passengers who prices have increased at an average rate suggested that the proposed rule would choose to opt out of AIT screening will of 1.53 percent annually, if the analysis increase wait times at the security incur opportunity costs due to the allowed for the price of electricity to checkpoints, leading to passenger additional screening time needed to grow at this rate, the total estimated delays. At least one comment referenced receive a pat-down. In the NPRM RIA, utility cost would increase. an examination of AIT use in Australia TSA estimated that 1.8 percent of all TSA Response: Energy cost that found that passenger screening time passengers opt-out of AIT and receive a fluctuations are driven by two factors: through the trial lane took slightly pat-down. Only a small percentage of Real changes in costs and inflation. In longer than the passenger screening passengers will experience an increased the NPRM RIA, TSA accounted for real time through a standard screening lane, wait time. TSA agrees that it should add changes in utility costs by averaging most likely caused by the higher alarm additional time to account for waiting prices for years 2007–2011 as reported rate, with the data suggesting that the for a same gender TSO to perform the by the U.S. Energy Information average passenger is six times more pat-down. However, TSA disagrees that Administration. TSA used this average likely to alarm in the body scanner than an average wait would be as long as 15 to estimate utility costs for the years the standard lane. Some commenters minutes. TSA has added an additional 2012–2015. TSA did not incorporate estimated that the process of opting 70 seconds to the total pat down annual inflation increases for any costs out—including waiting for a TSO of the procedure time to account for the time in the RIA in accordance with Office of same-sex to perform the pat-down— spent waiting for the same gender TSO. Management and Budget (OMB) from AIT would delay a passenger by at In some instances, a same gender TSO Circular A–4 guidelines.117 In the final least 15 minutes. The commenters urged is only seconds away from the passenger rule RIA, TSA once again used the U.S. TSA to account for the additional time and in other cases, the wait is longer. Energy Information Administration for spent by passengers waiting to pass Based on TSA field tests, TSA estimates its historical energy prices in 2008–2012 through airport security. An individual an average additional wait of 70 and used their projections for real commenter suggested that AIT would seconds. TSA already estimates that the energy prices for 2013–2017. reduce wait times for screening, pat-down procedure itself takes 80 CC. TSA Costs particularly for passengers with joint seconds. In total, TSA estimates that, on replacements that would otherwise average, a passenger that opts-out of AIT Comments: Many comments trigger WTMDs. screening will incur an additional wait addressed TSA’s costs associated with TSA Response: Overall passenger time of 150 seconds (70 second average the proposed rule. A commenter stated screening system times do not increase wait time for the same gender TSO to that by incurring $1.5 billion in costs to- with AIT. Passengers currently meet the passenger and 80 seconds to date without following the proper experience delays at the checkpoint complete the pat-down procedure). TSA protocol under the APA, TSA has attributable to the screening of carry-on estimated per passenger opportunity committed a gross breach of its fiduciary luggage and personal belongings, which cost of opting out of AIT by multiplying responsibility. Other commenters has been a Federal requirement even the additional wait time by the average suggested that TSA’s AIT-related costs before the creation of TSA, and which passenger value of time,116 estimated at are unjustifiably high. Another was included as part of the baseline for $43.44 per hour in the NPRM RIA. TSA commenter urged TSA to document and the passenger opportunity cost used expected wage rates to base the disclose all AIT-related costs, including assessment. For more information on value of a person’s opportunity cost, purchase price, maintenance costs, and equipment throughput rate, see which is widely accepted as an personnel costs. Regulatory Impact Analysis Chapter 2: appropriate valuation of a person’s Some submissions addressed TSA’s AIT Deployment Costs. Although the value of time. The Passenger personnel costs associated with the AIT with ATR (current AIT technology Opportunity Cost section, found in proposed rule. Some commenters stated being used) throughput rate is lower Chapter 2, page 49 of the NPRM RIA, that AIT operation requires more TSOs than the WTMD, the passenger explains in further detail the than the WTMD, which results in larger screening system and passengers are opportunity cost estimate and payroll costs. Another commenter disputed TSA’s estimates of personnel constrained by the x-ray machines that methodology. TSA was unable to costs. Specifically referencing the screen carry-on baggage and personal quantify or monetize other intangible constant salary used to estimate belongings. With regard to examination costs relating to opting out of AIT personnel costs in the RIA, the of AIT in Australia, the commenter screening and receiving a pat-down commenter stated that using a salary failed to cite the full context of the (e.g., personal preference). In the final level that grows over time by 1.15 findings which stated ‘‘This [additional rule RIA, the opt-out rate and passenger percent would increase personnel costs seconds of delay] was caused by a value of time have been revised to by $33 million. number of factors, some of which can be reflect the most recent data. Many submissions addressed TSA’s mitigated through refining the process BB. Airport Utility Costs equipment costs associated with the and procedures, and some of which will Comments: A commenter suggested proposed rule. A few commenters be minimized as screening officers and identified equipment costs that they passengers becoming more familiar with that TSA underestimated airport utility 115 stated were missing from the RIA. An the new technology.’’ Additionally, individual commenter and a non-profit TSA’s security checkpoints and 116 U.S. Department of Transportation, ‘‘Revised Departmental Guidance on Valuation of Travel standard operating procedures may Time in Economic Analysis,’’ Sep. 28, 2011. DOT 117 Page 32 of OMB Circular A–4 states: ‘‘In estimates an hourly rate of $42.10 in table 4 of this presenting the stream of benefits and costs, it is 115 Department of Infrastructure and Transport, report and TSA inflated this estimate to 2011 important to measure them in constant dollars to Australian Government, ‘‘Optimal Technologies dollars at $43.44. http://www.dot.gov/sites/dot.dev/ avoid the misleading effects of inflation in your Proof of Concept Trial Report,’’ Feb. 28, 2012. files/docs/vot_guidance_092811c.pdf. estimates.’’

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organization asked TSA to clarify maintenance; test and evaluation; and with infringement on civil liberties and whether the analysis accounts for the program management office (PMO) on privacy, but acknowledged that these cost of installing AIT scanners in every costs. With respect to the comment on costs are not easily quantifiable. An security lane. One commenter compared the replacement costs, replacement advocacy group urged TSA to include TSA’s equipment costs to independent costs are not included in a life-cycle passenger privacy impacts in the cost- estimates and concluded that TSA’s analysis. The RIA analyzes costs and benefit analysis. lower cost estimates do not include an benefits for one life-cycle of AIT and A commenter requested that TSA estimate of the number of AIT scanners therefore does not include replacement provide clarification on the assumptions needed nationwide. Another commenter costs. used to develop the AIT program stated that the analysis does not include A full description of these costs is in management costs (e.g., 10 percent of the cost associated with replacing the Chapter 2 of both the NPRM and final passenger screening costs). Another AIT scanners every 8 years. An rule RIA. individual commenter suggested that individual commenter asked TSA to TSA compared AIT to other TSA consider using a random selection provide detail on the maintenance cost alternatives and concluded that AIT is AIT screening process in order to reduce assumptions in the analysis. The the alternative that represents the best the costs of the rule. commenter urged TSA to base AIT technology, currently available, to TSA Response: With respect to maintenance costs on actual experience detect metallic and nonmetallic threats quantifying any loss from a decline in (e.g., total service calls required in to commercial air travel. the demand for travel, TSA reviewed the study 119 cited in the comments. The recent years). Another commenter DD. Other Costs declared that the AIT machines are study was published in 2007—before Comments: Hundreds of submissions expensive and recommended other AIT was deployed—and therefore did addressed other costs associated with security-related equipment that TSA not provide estimated impacts on airline the proposed rule. Several commenters could invest in instead (e.g., improved revenues and passenger demand related identified additional costs that they sensors for baggage). to AIT. The study’s results appear to stated should have been included in the TSA Response: With respect to have been based on security measures RIA. A few commenters, including an comments regarding TSA’s fiduciary well outside the scope of AIT, such as individual commenter and advocacy responsibility, TSA has deployed AIT the federalization of passenger security groups, suggested that the use of AIT consistent with its statutory authority screening at all U.S. commercial airports would have a cost impact on the and as directed by Congress and the and the requirement to begin screening aviation and travel industries, which the President. All costs incurred to deploy all checked baggage in 2002. As TSA RIA does not quantify. Some previously explained, the baseline from AIT have been accounted for and commenters cited a 2007 study that approved in the Federal budgeting which the costs and benefits of this rule shows demand for air travel could are estimated is not ‘‘no TSA screening’’ process. decline by 6 percent on all flights and TSA estimated all personnel costs or ‘‘no screening at all.’’ The baseline of by about 9 percent on flights departing this rule is how TSA would accomplish associated with the deployment of AIT. from the nation’s 50 busiest airports, For the RIA, which accompanied the screening without AIT. TSA used reduce airline revenue, and increase WTMD as the primary passenger NPRM, TSA estimated this cost using airline costs and passenger fees. assumptions from TSA’s Screener screening technology at passenger Approximately 80 submissions screening checkpoints prior to the Allocation Model (SAM) that dictates addressed other travel impacts the allocation of personnel to each deployment of AIT. Therefore, the costs associated with the proposed rule. Many and benefits of this rule are compared airport. The SAM takes into account the commenters, including non-profit number of personnel it takes to operate to WTMD as the primary screening tool. organizations, an advocacy group, and Although it is possible that a security WTMDs and AITs and also the different individual commenters stated that the measure could be implemented that configurations (or ‘‘modsets’’) in which traveling public would avoid air travel, would have a measurable impact on the these machines are implemented. TSA causing individuals to drive or take the commercial aviation demand, in this based its estimation of personnel costs train. Some of these commenters stated case, TSA has not seen credible on the number of AIT machines that that there would be increased roadway evidence that AIT is such a security were forecasted to be deployed fatalities because of the increase in measure. nationwide for years 2012–2015 and the motor vehicle travel (some estimated as TSA analyzed the potential cost number of personnel required to operate many as 500 additional deaths per year). impacts associated with the each machine. Finally, TSA applied the The commenters suggested that the implementation of AIT in its cost average TSO’s fully loaded wage rate to analysis should account for the cost analysis. TSA concluded that there are 118 estimate costs. TSA did not associated with these additional no additional legal costs to stakeholders incorporate annual increases in inflation fatalities. Other commenters indicated for the deployment and use of AIT for any costs in the RIA, including that reduced air travel, including from pursuant to TSA regulatory personnel costs, in accordance with international tourists, would affect the requirements. Litigation costs are not a OMB Circular A–4 guidelines. A full airline industry, and TSA should direct cost of the rule because such costs description of these costs is in Chapter estimate these financial impacts. do not result from compliance with the 2 in both the NPRM and final rule RIA. Other commenters recommended that rule. Additionally, any estimate of TSA estimated the full life cycle costs TSA include estimates for legal costs in litigation expenses would be highly relating to the use and deployment of the cost-benefit analysis because of the speculative and would not inform TSA’s AIT. TSA divided the cost components likelihood of further litigation regarding decision of AIT deployment. However, into four categories: Acquisition, the use of AIT. An individual installation, and integration; commenter suggested that AIT scanners 119 Blalock, Garrick, Kadiyali, Vrinda, Simon, and would result in medical equipment Daniel H., ‘‘The Impact of Post 9/11 Airport 118 A ‘‘fully loaded’’ wage rate includes the cost Security Measures on the Demand for Air Travel,’’ of wages paid to the employee plus the costs of costs to passengers (e.g., damage to Journal of Law and Economics, Apr. 30, 2007, employee benefits such as paid leave and health insulin pumps). An advocacy group http://dyson.cornell.edu/faculty_sites/gb78/wp/JLE_ care. urged TSA to include costs associated 6301.pdf.

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TSA acknowledges that to the extent EE. Benefits of the Proposed Rule defeat the security measure.’’ The parties choose to enter into litigation on Comments: Approximately 20 commenter suggested that the absence AIT, there are indirect costs associated submissions directly addressed the of an attack could not be attributed to with that litigation. benefits associated with the proposed AIT. The most significant advantage of rule. Many individual commenters and Some commenters recommended using AIT is the enhancement of air a non-profit organization stated that types of benefits that should be transportation security because AIT can TSA did not quantify the benefits of AIT analyzed. An individual commenter detect nonmetallic threats concealed or provide documentation to support suggested that TSA quantify the benefits under clothing. It also reduces the need the claims made in the benefits analysis. of the rule in terms of lives saved and for a pat-down, which would be One of the commenters stated that it is avoided disruptions to the economy. required with the WTMD for not acceptable for TSA to keep its risk- Another commenter stated that the individuals with medical implants such based benefits analysis confidential, and analysis should consider the potential as a pacemaker or a metal knee urged TSA to assess the risk of a benefits of reallocating the costs replacement. Thus, AIT reduces the cost terrorist attack relative to the risks associated with AIT to other screening and inconvenience to passengers with associated with AIT (e.g., cancer and methods. this medical equipment. As explained increased roadway fatalities). Another TSA Response: TSA disagrees that in a previous response, the FDA tested commenter recommended that TSA AIT provides no security benefits. the effect of AIT on different types of provide an estimate of how much AIT Contrary to commenters’ belief that the medical devices, including insulin reduces the probability of a successful lack of successful attacks shows AIT pumps, and found no impact. Thus, terrorist attack, or provide a break-even offers no security benefits, TSA believes TSA does not include costs of medical analysis that would estimate the number the lack of successful attacks actually devices in the analysis. of terrorist threats that must be lends support to the opposite prevented in order to cover the costs of Before the development of the ATR conclusion. Given the continued threat software, TSA instituted rigorous the AIT. A non-profit organization stated that the risk reduction benefits to commercial aviation from terrorist safeguards to protect the privacy of attacks, and the fact that the shift to individuals who are screened using AIT. that TSA claims in the analysis are not attributable to AIT because there have nonmetallic explosives by terrorists The DHS Chief Privacy Officer presents a serious threat to homeland conducted several PIAs to ensure that been no successful terrorist attacks originating from U.S. airports since security, TSA needs technology capable TSA adequately addressed privacy of detecting non-metallic objects. AIT is concerns related to AIT screening. The September 11, 2001, even before TSA began deploying AIT scanners. Another a proven technology based on laboratory PIA describes the strict measures TSA testing and field experience that uses to protect privacy. While TSA was commenter stated that AIT scanners provide negligible security benefits. provides the best opportunity to detect unable to produce a quantitative impact metallic and non-metallic anomalies of perceived privacy issues, TSA Several individual commenters and a non-profit organization discussed concealed under clothing without the included a thorough qualitative need to touch the passenger. In addition discussion regarding this issue in the benefits in terms of the number of attacks that need to be thwarted in order to AIT’s ability to detect concealed NPRM RIA (Chapter 2, page 99). objects, TSA also believes AIT offers a Additionally, TSA did not receive any to justify the costs of the AIT rule. Some of these commenters, including two powerful deterrence effect. Morral and public comments providing a Jackson (2009) stated, ‘‘Deterrence is methodology to be used on the non-profit organizations, cited a research study that concluded AIT also a major factor in the cost- economic valuation of how perceived effectiveness of many security programs. privacy issues could be calculated. would need to avert more than one attack originating from a U.S. airport For instance, even if a radiation- Finally, the use of AIT to screen detection system at ports never actually passengers has been upheld by the every 2 years in order to justify the cost of the scanners. The commenters stated encounters weapon material, if it deters courts as reasonable under the Fourth would be attackers from trying to Amendment, even prior to the that AIT would not achieve this smuggle such material into the country, mandatory use of ATR. threshold. An individual commenter suggested that had AIT scanners been it could easily be cost-effective even if To run the passenger screening used over the last 12 years, only two associated program costs are very program, TSA provides internal PMO attacks would have been avoided. The high.’’120 Given the demonstrated ability support and contractor support. Because commenter stated this would not have of AIT to detect concealed metallic and PMO support reflects the day-to-day justified the cost. Another individual non-metallic objects, it is reasonable to support of the entire screening program, commenter stated that people are more assume that AIT acts as a deterrent to TSA is unable to identify PMO spending at risk of dying in motor vehicle attacks involving the smuggling of a allocated to AIT specifically. To account accidents than in a terrorist attack on an metallic or non-metallic weapon or for these costs to AIT, TSA assumed that airplane originating in the United explosive on board a commercial the PMO cost was 10 percent of the total States. The commenter concluded that airplane. As an essential component in cost of AIT in the NPRM RIA, based on AIT would not be the most efficient airports’ compressive security system subject matter expert estimates from approach to reducing risk. Other that can detect a non-metallic weapon other technology contracts. For the final commenters stated that AIT would not or explosive concealed under a person’s rule, TSA revised this estimate to 15 increase security to the degree TSA clothing, AIT plays a vital role in percent based on an internal Life Cycle claims until deployed in every airport decreasing the vulnerability of Cost Estimate analysis of the passenger and every security lane. A commenter screening program. argued that because ‘‘a potential 120 Andrew R. Morral, Brian A. Jackson., Finally, TSA addresses the use of terrorist intent on downing an airliner ‘‘Understanding the Role of Deterrence in with body-borne explosives would need Counterterrorism Security,’’ 2009, Rand Homeland random selection in its discussion of Security Program, http://www.rand.org/content/ alternatives considered, apart from AIT, only to observe which airports or dam/rand/pubs/occasional_papers/2009/RAND_ in Chapter 3 of the final rule’s RIA. security areas lack [AIT] scanners to OP281.pdf.

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commercial air travel to a terrorist how the risk associated with motor using AIT in the airport environment, attack. vehicles should influence TSA’s TSA believes that the use of AIT Other commenters stated that AIT decision making on airport screening satisfies the express mandate of might provide some level of security practices. Regardless of the safety or Congress. benefits, but that it was not worth the security risks associated with other TSA has added break-even analysis to cost. Commenters stated the risk modes of transportation, TSA should the benefits section in the final rule. reduction benefits of AIT in particular pursue the most effective security According to OMB Circular No. A–4, made it a poor investment and that measures reasonably available so that ‘‘Regulatory Analysis,’’ the break-even people are more at risk of dying in the vulnerability of commercial air analysis answers the question, ‘‘How motor vehicle accidents than in a travel to terrorist attacks is reduced. small could the value of the non- terrorist attack on an airplane Commenters that consider only the quantified benefits be (or how large originating in the United States. One most easily quantifiable impacts of a would the value of the non-quantified commenter stated that risk of a terrorist terrorist attack, such as the direct cost costs need to be) before the rule would attack to commercial aviation is so low of an airplane crashing, are only yield zero net benefits?’’ 125 In both the that it is a risk that can be endured by considering a portion of the impacts of NPRM and final rule RIAs, TSA also the public. TSA disagrees that the risk an attack. As TSA explained in the provided a qualitative assessment of the reduction attributable to AIT does not NPRM’s Initial RIA, terrorist attacks not benefits of AIT. Low probability, high make AIT worth using. TSA is charged only cause direct costs in lives lost and consequence events such as terrorist with safeguarding the travelling public property damage, but also cause attacks are difficult to measure with any with respect to aviation and fulfilling substantial indirect effects and social level of certainty. TSA analyzed the legal mandates. Risk and national costs (such as fear) that are harder to threats to the aviation sector and found security are complex issues and measure but which must also be that the use of AIT reduces the risk of commenters may not be considering that considered by TSA when deciding metallic and non-metallic threats to a perceived low level of risk may be due whether an investment in security is airport security as described in Chapter to deterrence provided by AIT or other cost-beneficial. For example, Ackerman 4 in both the NPRM and final rule RIAs. national security efforts to prevent such and Heinzerling state ‘‘. . . terrorism Both RIAs also qualitatively described attacks. ‘works’ through the fear and some of the indirect impacts from a Another commenter stated that the demoralization caused by successful attack on commercial air benefits from AIT would not be fully uncontrollable uncertainty. Efforts to travel. Specifically, TSA noted how the realized until AIT is deployed at every offset this fear by attaching necessarily 9/11 attacks caused a negative impact airport and in every checkpoint lane. arbitrary numbers to the probabilities of on gross domestic product growth and While TSA did not provide monetized being harmed by a terrorist seem, that fear, a social cost, can lead to other benefits or ‘‘degree of benefits,’’ TSA especially in a post-September 11 social costs which would cause the did describe the fact that AIT is the only world, ridiculous.’’ 121 In addition, economy to suffer if people are afraid to technology currently available for field Pidgeon, Kasperson and Slovic state the deployment that can detect both 9/11 attacks had consequences that fly. metallic and non-metallic weapons and spanned ‘‘a range of behavioral, FF. Other Impacts of the Proposed Rule explosives. Additionally, implementing economic, and social impacts.’’ 122 an ‘‘all or nothing’’ strategy for airport In addition, AIT use is fully Comments: Many submissions security ignores the fact that some consistent with TSA’s mandate. The addressed health impacts associated airports are at a higher risk for a terrorist Administrator of TSA has overall with the proposed rule. Several attack than others are. TSA uses a risk- responsibility for civil aviation security, individual commenters identified based approach to deploy AIT machines and Congress has conferred on him alleged health impacts that TSA should in airports that are considered higher- authority to carry out that have accounted for in the cost-benefit risk in order to try to minimize risk to responsibility.123 Federal law requires analysis. The commenters suggested commercial air travel given TSA’s finite that he ‘‘assess threats to that the analysis should include costs or resources. Other commenters stated that transportation,’’ and ‘‘develop policies, risk information for radiation-related AIT is a poor investment for screening strategies, and plans for dealing with illness, emotional distress, and special and that TSA should use its funds in threats to transportation security.’’ 124 medical conditions. another technology or manner TSA agrees that it should incorporate Commenters also stated that using altogether. Another commenter argued consideration of costs and other factors AIT scanners would lead to lost or that the baseline security infrastructure into its risk management practices, see, stolen property. Another commenter (pre-AIT) is capable of handling the e.g., 49 U.S.C. 44903(b), but stated that the RIA failed to account for current level of risk to commercial air notwithstanding the suggestion of a decreases in economic productivity travel. Both conclusions discount the number of commenters, it would be because of the rule. Further, an fact that currently, AIT is the only plainly contrary to congressional intent individual commenter suggested that screening technology able to detect a for TSA to ignore known terrorism risks the proposed rule is not justified non-metallic weapon or explosives to aviation security by relying on because the investment in AIT scanners concealed under a person’s clothing. outdated screening practices until the would not reduce mortality by as much Eliminating AIT would increase the risk next attack proves the commenters as other government programs or to successful terrorist attacks than what wrong. Based on TSA’s experience initiatives. In particular, the commenter is currently incurred because it would suggested that AIT would not prevent leave commercial air travel more 121 Frank Ackerman and Lisa Heinzerling, terror attacks but would instead redirect vulnerable to an attack with a non- ‘‘Priceless: On Knowing the Price of Everything and them to alternate locations. Another metallic weapon or explosive. The the Value of Nothing,’’ 136–137 (2004). commenter stated that the analysis 122 Nick Pidgeon, Roger E. Kasperson, and Paul commenters also stated that the risk of Slovic, ‘‘The Social Amplification of Risk,’’ p. 16, should consider the use of newer a terrorist attack to commercial air travel 2003. was less than that of a fatal motor 123 49 U.S.C. 114(d). 125 http://www.whitehouse.gov/omb/circulars_ vehicle accident. It is unclear to TSA 124 49 U.S.C. 114(f). a004_a-4/.

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technologies that might work better and commercial air travel to terrorist attacks recommended that TSA consider testing cost less. is reduced. TSA conducted an face recognition, explosives residue TSA Response: With regard to alternatives analysis and found AIT to machines, and suspicious behavior comments on health concerns, the be the most effective countermeasure for systems for secondary screening. millimeter wave AIT systems used by both metallic and non-metallic items Another non-profit organization urged TSA comply with the 2005 IEEE concealed under a person’s clothing. TSA to use less invasive screening Standard for Safety Levels with Respect With respect to AIT redirecting attacks technologies such as infrared imaging. to Human Exposure to Radio Frequency to other targets, TSA does not believe TSA Response: With regard to Electromagnetic Fields (IEEE that the existence of other targets Alternative 1, recent events Std.C95.1TM–2005) as well as the precludes TSA from ensuring the demonstrating that terrorists may use International Commission on Non- security of commercial air travel, which nonmetallic explosives to take down an Ionizing Radiation Protection has a high level of risk. TSA included aircraft highlight the need for a Guidelines for Limiting Exposure to the costs of research and development technology capable of detecting non- Time-Varying Electric, Magnetic, and for AIT and for the deployment of AIT metallic threats concealed on Electromagnetic Fields, Health Physics technology (see Chapter 2 in both the passengers. Alternative 1 fails to address 74(4); 494–522, published April 1998. NPRM and final rule RIA). TSA will that threat. It also fails to meet the TSA’s millimeter wave units are also continue to conduct research and instruction provided in the Presidential consistent with Federal evaluate new technologies to enhance Memorandum Regarding 12/25/2009 Communications Commission OET transportation security. Attempted Terrorist Attack, issued Bulletin 65, Health Canada Safety Code, January 7, 2010 as well as congressional and RSS–102 Issue 3 for Canada. The GG. Regulatory Alternatives directives. While this alternative FDA also confirmed that millimeter Comments: Some submissions imposes no additional cost burden, it wave security systems that comply with commented on Alternative 1 (no action). does not mitigate the threat to aviation the IEEE Std. C95.1TM–2005 cause no Several individual commenters and security posed by nonmetallic known adverse health effects. non-profit organizations expressed explosives and weapons. For this TSA also addressed potential health support for Alternative 1, and urged reason, TSA rejected this alternative in concerns regarding the ionizing TSA to revert to the use of metal favor of deploying AIT to screening radiation emitted by general-use detectors as the primary screening checkpoints. backscatter technology. The radiation method. Alternative 2 is more physically dose a passenger receives from a Multiple submissions also intrusive than AIT, significantly general-use backscatter AIT screening commented on Alternative 2 increases the wait times and has been independently evaluated by (combination of WTMD and pat-down). opportunity costs for the traveling the FDA’s Center for Devices and Several commenters suggested that public, and is more costly with respect Radiological Health, the National screening consisting of pat-downs and to personnel because it requires more Institute for Standards and Technology, metal detectors would be sufficient. A TSOs to meet the high volume of the Johns Hopkins University Applied few commenters suggested that because passengers. In addition, this alternative Physics Laboratory, and the American AIT scanners are not effective and are does not provide the same level of Association of Physicists in Medicine. intrusive, a combination of WTMD and screening as AIT in detecting All results affirmed that the radiation pat-down screening should be used nonmetallic threats because not every dose for individuals being screened, instead. passenger would receive a pat-down, operators, and bystanders was well Many submissions commented on particularly when used only on a below the dose limits specified by Alternative 3 (combination of WTMD random basis. Based on field tests, TSA ANSI/HPS N43.17. and ETD screening). Individual estimates the pat-down procedure takes TSA does not believe, and no commenters, a non-profit organization, 150 seconds to perform (70 second compelling evidence has been and advocacy groups expressed support average wait time for the same gender submitted, that AIT increases the risk of for Alternative 3 without providing TSO to meet the passenger and 80 lost or stolen property. Passengers are additional substantive comment. seconds to complete the pat-down able to monitor their bags prior to Commenters suggested that the use of procedure). Therefore, performing pat- submission into the x-ray machine and ETDs and WTMDs are more effective, downs on a significant number of after x-ray screening is completed. The less costly, and less intrusive. passengers necessitates either a deployment of AIT does not create Many submissions discussed other substantial increase in staffing levels to vulnerabilities in the security system alternatives for TSA consideration. A maintain the current passenger since testing and experience have non-profit organization, a privacy throughput level (approximately 150 shown that AIT is the best technology advocacy group, and individual passengers per hour per lane) or currently available to detect metallic commenters recommended that TSA abandonment of that throughput target and nonmetallic threats (see Chapter 4 return to using WTMDs and hand-wand altogether, with the attendant of both the NPRM and final rule RIA). metal detectors during the screening consequences for passengers described TSA does not believe, and no credible process. Other commenters urged TSA above. Finally, AIT is a machine-based evidence has been submitted, that AITs to rely on traditional police and methodology for detecting non-metallic reduce economic productivity. With intelligence work and canine explosives threat items, which provides a more regard to comments that AIT does not detection teams to detect and deter consistent outcome over time. TSA reduce mortality rates as much as other threats. A commenter recommended anticipates future advancements to AIT government programs or initiatives, the that TSA use mass spectrometry in detection capability, throughput, and funding of other government programs methods to detect threats in air samples. privacy protection. Due to the reasons is beyond the scope of this rule. Other commenters suggested TSA outlined above, TSA rejected Regardless of the effectiveness of other explore other technologies to reduce Alternative 2. governments programs, TSA should reliance on AIT and pat-downs and to With regard to Alternative 3, although pursue the most effective security be able to detect explosives within body ETDs would help reduce the risk of measures so that the vulnerability of cavities. A non-profit organization nonmetallic explosives being taken

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through the checkpoint, ETDs cannot TSA quantitatively compare the benefits travel. AIT is another security measure detect other dangerous items such as of AIT to the baseline condition (e.g., by included in the multiple layers of weapons and improvised explosive how much does AIT reduce the security currently deployed. WTMDs, device components made of ceramics or probability of a successful terrorist ETDs, and pat-downs are also used for plastics, whereas AIT is capable of attack). A privacy advocacy group screening. TSA reviewed these detecting anomalies concealed under suggested that TSA does not adequately alternatives with respect to risk clothing. Second, incorporating ETD characterize AIT’s effectiveness in reduction, cost, impact on passengers screening into the current checkpoint comparison to the alternatives. The and operational feasibility and screening process would negatively commenter also stated that the analysis determined that AIT is the best affect the passenger’s screening does not support TSA’s conclusions that technology currently available to detect experience. ETD screening—from swab AIT is more effective than the metallic and nonmetallic threats to test results—takes approximately 20– alternatives, and does not identify AIT’s concealed under clothing. 30 seconds. The mid-point of this range weaknesses relative to the alternatives. II. Other Comments on the Regulatory (25 seconds) would slow passenger This privacy advocacy group and a non- Impact Analysis throughput levels below the current rate profit organization both suggested that of 150 passengers per hour per lane, the analysis does not adequately Comments: Many commenters cited thereby possibly increasing passenger compare the effectiveness of AIT to existing research on the costs and wait times and the associated Regulatory Alternative 3. As a result, benefits of AIT, or recommended new opportunity cost. Third, while TSA does not acknowledge that WTMD research on the costs and benefits of mechanical issues with ETDs are rare, and ETD can be just as effective as AIT, AIT. Individual commenters and an throughput depends on the reliability and in terms of shortcomings, ETD and advocacy group recommended that TSA and mechanical consistency of these AIT share some of the same conduct a study of the various impacts machines. Additionally, alarms can and disadvantages. An advocacy group of AIT, including privacy impacts. do occur from some innocuous products suggested that the NPRM describes the Another commenter referred to an that may contain trace amounts of proposed alternatives in ‘‘all or analysis of AIT, which, according to the chemicals found in explosive materials, nothing’’ terms, rather than proposing a commenter, found that AIT would need which may also impede throughput layered approach using a variety of the to prevent two or three terrorist attacks until the alarm is resolved. Finally, this screening methods described in the comparable to the September 11, 2001, alternative requires an increase in ETD alternatives. attacks each year in order to be cost consumables, including swabs and A few commenters made other effective. An individual commenter gloves. This imposes costs to keep recommendations to TSA with regard to cited a cost-benefit analysis conducted sufficient amounts of these consumables alternatives. For example, an individual by the Journal of Homeland Security in stock at all airports where TSA commenter urged TSA to conduct and Emergency Management and conducts screening. The logistical research on alternative screening questioned the cost-effectiveness of AIT. concerns of implementing this technology, provide educational An advocacy group concluded that alternative, in addition to the limited outreach on the security measures to the independent, scholarly risk capability of ETD screening to detect public, and train flight attendants and management and cost-benefit analyses other non-explosive threats, are the inform passengers of what to do in of AIT have been conducted. According reasons TSA rejected this alternative in response to suspicious activity. A to the commenter, these studies have favor of deploying AIT to mitigate the commenter recommended using AIT as found that AIT scanners do not reduce threat to aviation security posed by both a secondary screening method on a risk sufficient to justify the costs. metallic and nonmetallic weapons and more limited basis. Another individual Another advocacy group suggested that explosives. commenter asked why TSA does not a cost-benefit analysis of AIT would Some of the other alternatives require travelers to go through both AIT identify how effective the scanners are discussed in the comments, such as and WTMD. The commenter suggested at deterring terrorism compared to explosives detection canine and that travelers should be subjected to screening alternatives. Another behavior detection screening, are not as both technologies. commenter requested that an effective as AIT in screening a large TSA Response: Chapters 3 in both the independent party analyze the costs volume of passengers in the least NPRM and final rule RIA list the compared to other possible investments, amount of time and require additional advantages and disadvantages of each such as traffic safety or cancer research. costs; however, TSA does use such alternative and explain the basis for Several commenters declared that the alternatives whenever available as TSA’s finding that none of the cost-benefit analysis in the NPRM is added layers of security at the airport. alternatives was preferable to AIT in insufficient and inadequate and referred addressing the threat of nonmetallic to AIT as costly. The commenters HH. Comparative Analysis Between AIT explosives concealed under clothing. suggested that the analysis does not and Alternatives For example, WTMDs (Alternative 1) justify the cost relative to the risks or Comments: Many submissions and ETDs (Alternative 3) are not as improvement in TSA’s ability to detect addressed the adequacy of TSA’s effective as AIT in detecting non- threats to safe air travel. A privacy comparative analysis between AIT and metallic anomalies. Pat-downs advocacy group stated that TSA did not the alternatives. Several commenters (Alternative 2) may be effective at fully evaluate the costs and benefits of suggested that TSA did not provide an detecting nonmetallic weapons but AIT as compared to WTMDs and ETDs, adequate justification for AIT relative to would place a greater burden on as required under Executive Orders the alternatives. For example, a passengers as they are more physically (E.O.s) 13563 and 12866. An individual commenter stated that AIT is intrusive and would increase wait times commenter urged TSA to account for all approximately 10 times more expensive at the checkpoint. of the risks associated with AIT and than magnetometers, but that the TSA does not use an ‘‘all or nothing’’ include difficult-to-quantify costs in the analysis does not evaluate the costs and approach, as alleged in a comment. TSA analysis. A non-profit organization benefits of AIT against magnetometers. uses a number of security measures to stated that despite their cost, AIT Another commenter recommended that prevent attacks on commercial air scanners are cost-beneficial in deterring

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aviation terrorism when compared to that the impact on ‘‘small entities’’ is at Texas, which attempted to pass an anti- pat-downs. least $2.8 billion per year. groping law that would have affected TSA Response: TSA conducted a TSA Response: Individuals are not TSA’s screening process. According to comprehensive cost-benefit analysis considered ‘‘small entities’’ based on the the commenters, news reports stated supported by the best available data. definitions in the Regulatory Flexibility that TSA sent the Texas legislature a TSA was unable to quantify a dollar Act (5 U.S.C. 601) and therefore were letter threatening to close all Texas value for the perceived loss of privacy. not considered in our IRFA. The airports if the bill passed. The While TSA was unable to produce a definition of ‘‘small entities’’ in the RFA commenters suggested that TSA’s quantitative impact of perceived privacy comprises small businesses, not-for- interference with a State legislature’s issues, TSA included a discussion of the profit organizations that are activity demonstrates the substantial measures it took to mitigate the privacy independently owned and operated and direct effect AIT would have on States. concerns of AIT (Chapter 2 in both the are not dominant in their fields, and A commenter also explained that States NPRM and final rule RIA). In addition, governmental jurisdictions with are responsible for inspecting Federal law requires all AIT to be populations of less than 50,000. The radiological devices and licensing unit equipped with and deploy ATR RFA does not state the definition of operators. As a result, the commenter software, which does not produce an ‘‘small entities’’ extends to suggested that the rule would require individual image, but instead displays a ‘‘individuals.’’ TSA does agree as a State governments to inspect the AIT generic outline. TSA reviewed other general matter that a sole proprietor units and license operators of AIT units, cost-benefit analyses on AIT, including could be a small business if the which would have a direct effect on the ones cited by commenters, to inform individual is acting as a business, States. its own cost-benefit analysis. TSA has potentially generating revenues and Two individual commenters stated included a break-even analysis in this incurring business costs. Nevertheless, that TSA must prepare an final rule, which answers the question, TSA considered individuals in Chapter environmental impact statement in ‘‘How small could the value of the non- 6 of the RIA and determined that the accordance with National quantified benefits be (or how large main impact on a person traveling Environmental Protection Act (NEPA). would the value of the non-quantified would be the extended wait time if that One of the commenters urged TSA to costs need to be) before the rule would person opts out of AIT screening and assess the human health impacts yield zero net benefits?’’ and provides a undergoes a pat-down. As stated in both associated with AIT. The other qualitative assessment of the benefits of the NPRM and final rule RIA, AIT does commenter explained that the AIT. Low probability, high consequence not increase wait time for the general environmental impact statement would events such as terrorist attacks are traveling public. TSA measured the need to assess the impact of increased difficult to measure with any level of ratio of individuals who opt-out of AIT motor vehicle travel (e.g., air pollution, certainty. TSA analyzed threats to the to be approximately one percent of the traffic, and car accidents) on the aviation sector and found that the use of total volume of passengers screened. environment. AIT reduces the risk of metallic and Additionally, the pat-down for TSA Response: TSA disagrees with nonmetallic threats as described in the individuals who opt-out is estimated to comments regarding the UMRA. TSA RIA. The RIA also qualitatively be 150 additional seconds per screening determined that an UMRA analysis is described some of the indirect impacts and would not reflect a significant not needed for the AIT NPRM as such from a successful attack on commercial opportunity cost impact ($1.88 per an analysis is required if a proposed air travel (Chapter 2, page 98 in the screening). rulemaking ‘‘results in the expenditure NPRM RIA and Chapter 4 in the final by State, local, and tribal governments, KK. Other Regulatory Analyses rule RIA). TSA included a full RIA in in the aggregate, or by the private sector, the docket folder. Comments: A few individual of $100,000,000 or more (adjusted commenters suggested that TSA should annually for inflation) in any 1 year.’’ JJ. Initial Regulatory Flexibility Analysis have performed an Unfunded Mandates As described in the RIA, 98 percent of Comments: Individual commenters Reform Act (UMRA) analysis. A the cost of AIT falls on the Federal and an advocacy group commented on commenter stated that the proposed rule Government. The remaining costs fall TSA’s Initial Regulatory Flexibility would affect State, local, and tribal on airports who do not receive Analysis (IRFA). A couple of governments because of the increased reimbursement for their utilities. These commenters recommended that the road traffic caused by the rule (i.e., entities have an estimated utilities cost analysis estimate the costs incurred by travelers substituting motor vehicle of $1.63 million (Chapter 2, of the final small business entities, such as sole travel for air travel). The commenter rule RIA). In addition, the Passenger proprietors. The commenters stated that explained that TSA failed to account for Civil Aviation Security Service fee is set the impacts on small entities would costs associated with State, local, and in statute and in TSA’s regulations. See include time lost as well as lost revenue tribal governments responding to 49 U.S.C. 44940 and 49 CFR 1510.5. from tourists (e.g., fewer air travelers, additional motor vehicle accidents and TSA did not propose to increase the fee both foreign and domestic). An providing additional road maintenance. in the NPRM. advocacy group urged TSA to withdraw Another commenter stated that the costs TSA disagrees with comments the NPRM, prepare an RFA analysis that of the rule would be passed onto claiming that deployment of AIT has a accounts for the impacts on small passengers in the form of the September federalism impact. Federal law requires entities, and provide another 11th Security Fee, which would be a that screening be carried out by a opportunity for comment. The burden triggering an analysis under the Federal Government employee. 49 commenter suggested that the NPRM Unfunded Mandates Reform Act. U.S.C. 44901(a). Prior to the creation of erroneously excludes individuals from A non-profit organization and an TSA, passenger screening was the the definition of ‘‘small entities.’’ The individual commenter suggested that responsibility of air carriers pursuant to commenter stated that many individual the proposed rule would have a regulations issued by FAA. Passenger travelers are self-employed individuals substantial direct effect on States under screening is not conducted by State and sole proprietors that qualify as E.O. 13132, Federalism. Both employees, and the final rule does not small entities. The commenter estimated commenters discussed the experience of have a substantial direct effect on the

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states, the relationship between the various security threats, and the amount employees on probation for receiving Federal Government and the states, or of time added to the security screening three or more customer service reports on the distribution of power among the process. Another individual commenter within 6 months. Another individual various levels of government. As to the referenced the report and suggested that commenter suggested that TSA proposed state legislation referred to by TSA analyze the cost and benefits of publicize any existing processes for some commenters, note that Congress by AIT in the areas of personal privacy, anonymous reporting. A few individual statute made TSA responsible for freedom, and convenience. commenters expressed concern and passenger screening. 49 U.S.C. 114 and TSA Response: TSA uses internal provided information regarding the information on screening capability, 44901. This AIT rulemaking does not reported off-duty criminal activities of effectiveness, feasibility of airport alter that relationship. TSA screeners. Several commenters Finally, an environmental impact screening, and costs to determine the statement under NEPA is not required. implementation of security technology stated generally that the security at There is no evidence that use of AIT to and procedures. Because of the sensitive airports has not increased the safety of screen passengers will have a non- nature of information on screening air travel. negligible impact on motor vehicle standard operating procedures, this TSA Response: The information TSA travel. In addition, independent studies information and any corresponding receives from intelligence-gathering have confirmed that the exposure to policy decisions remain classified and agencies confirms that civil aviation non-ionizing electromagnetic waves unavailable to the public. TSA included remains a favored target for extremists from the millimeter wave AIT machines a break-even analysis in the final rule and terror organizations. However, TSA is below the limits allowed under RIA that answers the question, ‘‘How has authority over all modes of relevant national health and safety small could the value of the non- transportation. With respect to maritime standards and cause no known adverse quantified benefits be (or how large and surface transportation, TSA has health effects. would the value of the non-quantified always applied a risk-based approach to costs need to be) before the rule would LL. Comments on the Risk Analysis safeguard the movement of people and yield zero net benefits?’’ This commerce. Such an approach provides Comments: Many commenters methodology is used in peer-reviewed addressed the issue of risk, risk journals and recommended by OMB flexibility to adjust to changing travel management, and risk-reduction Circular A–4 when benefits are difficult patterns and the ever-shifting threat analysis. Some commenters suggested to quantify. In addition, given that TSA environment. TSA conducts Visible that the risks AIT is meant to mitigate piloted and deployed AIT in 2007 and Intermodal Prevention and Response do not justify the costs associated with 2008, TSA has already conducted ‘‘look- operations across the country to prevent AIT. One commenter stated that over back’’ analysis and has implemented or disrupt potential terrorist planning the past 12 years, AIT scanners would program changes based on optimal risk- activities. In addition, TSA often works not have prevented enough attacks to reduction. with other Federal, State, and local justify the costs (i.e., only two bombings government agencies to enhance MM. Other Comments on the NPRM in the past 12 years and a cost of $3.6 security during special events, such as billion). A non-profit commenter, an Comments: Some individual the Super Bowl and presidential advocacy group, and an individual commenters made statements that inaugurations. commenter all referenced a recent study because air travel is not as dangerous as to explain that the existing risk of a other modes of transportation, resources TSA is continually updating and terrorist attack on an airliner does not should be directed to other enhancing the training of its TSOs to justify the costs of AIT. transportation safety and high-profile improve effectiveness and to reinforce Another set of commenters urged TSA events. Individual commenters that screening be conducted in a to provide a detailed risk reduction suggested that the use of AIT might professional and courteous manner. analysis to support the rulemaking, such become common in other venues where TSA investigates all allegations of as the classified version that TSA cited security searches occur including misconduct and takes appropriate in the NPRM. The commenters courthouses, schools, stadiums, political action, which can include referral to law suggested that TSA at least release a rallies, and other places. An individual enforcement and termination of redacted version or a summary of its commenter stated that since TSA staff employment. TSOs wear identification risk-reduction analysis of AIT. A non- does not follow the ‘‘liquid policy,’’ it badges. TSA’s Web site, at www.tsa.gov/ profit organization stated that TSA is should be eliminated for travelers. contact-us, provides information on obligated to disclose whether AIT According to the same commenter, the various ways to contact TSA to ask would be cost-effective in reducing this ‘‘shoe policy’’ could also be eliminated questions and provide feedback. The risk. The commenter cited another risk- because shoes can be screened with TSA Contact Center is open seven days reduction analysis that was published WTMDs. A community organization a week, and individuals may call 1– by academic researchers in a peer- provided a list of goals for airport 800–289–9673 or email at TSA- reviewed journal to indicate that these security. [email protected]. There is a analyses can be published without Some individual commenters stated direct link to an on-line form that revealing technical details or threat that TSA staff is not trained in screening travelers may fill out and submit. information that may legitimately be techniques or on how to behave kept confidential. professionally. A few individual TSA believes that its layers of security An individual commenter commenters suggested that TSA create a have vastly improved the security recommended that TSA design the AIT process to hold TSA employees posture of the Nation’s transportation rule so that the agency would be able to accountable for their actions. Individual systems. A terrorist has to overcome conduct a ‘‘look back’’ analysis after the commenters recommended that multiple security measures in order to rule is implemented. The commenter employees wear badges with contact carry out an attack and is more likely to explained that TSA would be able to information, such as their full name and be pre-empted, deterred, or fail during collect empirical data on impacts such badge number. A commenter also the attempt. as AIT’s effectiveness of detecting recommended that TSA place

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III. Rulemaking Analyses and Notices 1995 (2 U.S.C. 1531–1538) requires (including potential economic, agencies to prepare a written assessment environmental, public health and safety A. International Compatibility of the costs, benefits, and other effects effects, distributive impacts, and In keeping with U.S. obligations of proposed or final rules that include equity). Executive Order 13563 under the Convention on International a Federal mandate likely to result in the emphasizes the importance of Civil Aviation, it is TSA policy to expenditure by State, local, or tribal quantifying both costs and benefits, of comply with ICAO Standards and governments, in the aggregate, or by the reducing costs, of harmonizing rules, Recommended Practices to the private sector, of $100 million or more and of promoting flexibility. maximum extent practicable. TSA annually (adjusted for inflation). When estimating the cost of a determined that there are no ICAO In conducting these analyses, TSA has Standards and Recommended Practices rulemaking, agencies typically estimate determined: future expected costs imposed by a that correspond to this regulation. 1. This rule is a significant regulatory regulation over a period of analysis. For action that is economically significant B. Economic Impact Analyses this RIA, TSA uses a 10-year period of under sec. 3(f)(1) of E.O. 12866. analysis to align with the 10-year AIT 1. Regulatory Impact Analysis Summary Accordingly, the OMB has reviewed this life cycle from deployment to Changes to Federal regulations must regulation. disposal.126 TSA has revised the NPRM undergo several economic analyses. 2. A Final Regulatory Flexibility RIA assumption of an 8-year life cycle First, E.O. 12866, Regulatory Planning Analysis suggests this rulemaking for AIT units to 10 years based on a and Review (58 FR 51735, October 4, would not have a significant economic recent LCCE report127 from the OSC, 1993), as supplemented by E.O. 13563, impact on a substantial number of small Improving Regulation and Regulatory entities. which evaluated the performance Review (76 FR 3821, January 21, 2011), 3. This rulemaking would not metrics, and maintenance data from AIT directs each Federal agency to propose constitute a barrier to international units at airports. AIT deployment began or adopt a regulation only upon a trade. in 2008, and TSA, therefore, includes reasoned determination that the benefits 4. This rulemaking does not impose costs that have already been borne by of the intended regulation justify its an unfunded mandate on State, local, or TSA, the traveling public, industry, and costs. Second, the Regulatory Flexibility tribal governments, or on the private airports. Consequently, the RIA takes Act of 1980 (5 U.S.C. 601 et seq., as sector. into account costs that have already amended by the Small Business These analyses, available in the docket, occurred—in years 2008–2014—in Regulatory Enforcement Fairness Act are summarized below. addition to the projected costs in years (SBREFA) of 1996) requires agencies to 2015–2017. By reporting the costs that analyze the economic impact of 2. Executive Orders 12866 and 13563 have already happened and estimating regulatory changes on small entities. Assessment future costs in this manner, TSA Third, the Trade Agreements Act (19 Executive Orders 12866 and 13563 accounts for the full life-cycle of AIT U.S.C. 2531–2533) prohibits agencies direct agencies to assess the costs and machines. from setting standards that create benefits of available regulatory TSA presents AIT costs in tables 2 unnecessary obstacles to the foreign alternatives and, if regulation is through 4. Table 2 reports the total costs commerce of the United States. Fourth, necessary, to select regulatory from 2008–2014 to be $1,439.32 million the Unfunded Mandates Reform Act of approaches that maximize net benefits (undiscounted). TABLE 2—COST SUMMARY FROM 2008–2014 BY COST COMPONENT [In $millions, undiscounted]

Passenger TSA costs Industry costs Year opportunity Airport utilities backscatter Total costs costs Personnel Training Equipment Utilities removal

Total ...... 16.40 1.02 830.09 141.16 447.14 1.61 1.90 1,439.32 Note: Totals may not sum exactly due to rounding.

Table 3 reports total costs for million (undiscounted), $666.47 million $618.18 million discounted at seven projected years 2015–2017 to be $706.99 discounted at three percent, and percent.

126 In the NPRM RIA, the AIT life cycle was 127 TSA’s Office of Security Capabilities (OSC), transportation security equipment. These are TSA estimated to be eight years. Therefore, the period of ‘‘Life Cycle Cost Estimate for Passenger Screening internal sensitive information reports based on OSC analysis for the RIA was also eight years. Program’’ March 10, 2014. Lifecycle revisions are technology assessments. based on recent a useful life study for each type of

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TABLE 3—COSTS SUMMARY FROM 2015–2017 BY COST COMPONENT [In $millions]

Passenger TSA costs Year opportunity Airport utilities Total costs costs Personnel Training Equipment Utilities

2015 ...... $4.12 $0.20 $141.96 $41.25 $49.75 $0.40 $237.68 2016 ...... 4.20 0.20 141.96 54.89 25.06 0.40 226.72 2017 ...... 4.28 0.20 141.96 69.30 26.45 0.41 242.60

Total ...... 12.59 0.61 425.89 165.45 101.25 1.20 706.99 Total (Dis- counted at 3%) ...... 11.87 0.57 401.55 155.22 96.12 1.13 666.47 Total (Dis- counted at 7%) ...... 11.01 0.53 372.55 143.07 89.97 1.05 618.18 Note: Totals may not sum exactly due to rounding.

Table 4 reports total costs for years (undiscounted). During 2008–2017, TSA life cycle costs are the largest categories 2008–2017 to be $2,146.31 million estimates that personnel and equipment of expenditures. TABLE 4—TOTAL COST SUMMARY FROM 2008–2017 BY COST COMPONENT [In $millions, undiscounted]

Passenger TSA costs Industry costs Year opportunity Airport utilities backscatter Total costs costs Personnel Training Equipment Utilities removal

2008 ...... $0.01 $0.01 $10.27 $0.00 $34.04 $0.02 $0.00 $44.34 2009 ...... 0.02 0.01 12.05 0.57 28.01 0.02 0.00 40.69 2010 ...... 0.42 0.13 57.20 33.64 118.66 0.23 0.00 210.28 2011 ...... 3.17 0.15 201.83 57.06 76.86 0.26 0.00 339.33 2012 ...... 5.28 0.28 219.75 23.31 101.59 0.37 0.00 350.58 2013 ...... 4.45 0.25 197.77 14.37 46.70 0.34 1.90 265.79 2014 ...... 3.05 0.18 131.22 12.21 41.28 0.37 0.00 188.31 2015* ...... 4.12 0.20 141.96 41.25 49.75 0.40 0.00 237.68 2016* ...... 4.20 0.20 141.96 54.89 25.06 0.40 0.00 226.72 2017* ...... 4.28 0.20 141.96 69.30 26.45 0.41 0.00 242.60

Total ...... 28.99 1.63 1,255.98 306.61 548.39 2.81 1.90 2,146.31 Note: Totals may not sum exactly due to rounding.

Implementing AIT into the passenger States using a non-metallic explosive explosives. AIT is a proven technology screening program is beneficial because device hidden in his underwear. based on laboratory testing and field it enhances commercial aviation • In October 2010, AQAP attempted experience and is an essential security. AIT improves security by to destroy two airplanes in flight using component of TSA’s security screening assisting TSA in the detection of non- non-metallic explosives hidden in two because it provides the best opportunity metallic, as well as metallic, explosives printer cartridges. to detect metallic and non-metallic concealed under the clothing of • In May 2012, AQAP developed anomalies concealed under clothing passengers. Terrorists continue to test another non-metallic explosive device without the need to touch the passenger. our security measures in an attempt to that could be hidden in an individual’s TSA uses a break-even analysis to find and exploit vulnerabilities (see the underwear and detonated while on frame the relationship between the potential benefits of the rulemaking and Background section in this preamble). board an aircraft. the costs of implementing the rule. The threat to aviation security has The deployment of AIT generates When it is not possible to quantify or evolved to include the use of non- benefits that come from reducing security risks through AIT, which is monetize a majority of the incremental metallic explosives, non-metallic benefits of a regulation, OMB explosive devices, and non-metallic capable of detecting both metallic and non-metallic weapons and recommends conducting a threshold, or weapons. The examples presented explosives.128 Terrorists continue to test ‘‘break-even’’ analysis. According to below highlight the increased real world our security measures in an attempt to OMB Circular No. A–4, ‘‘Regulatory threats of non-metallic explosives to find and exploit vulnerabilities. The Analysis,’’ such an analysis answers the commercial aviation: threat to aviation security has evolved to question, ‘‘How small could the value of • On December 22, 2001, on board an include the use of non-metallic the non-quantified benefits be (or how airplane bound for the United States, large would the value of the Richard Reid attempted to detonate a 128 Metal detectors and AITs are both designed to nonquantified costs need to be) before non-metallic bomb concealed in his detect metallic threats on passengers, but go about the rule would yield zero net shoe. it in different ways. Metal detectors rely on the benefits?’’ 129 In the break-even analysis, inductance that is generated by the metal, while TSA compared the annualized cost for • AIT relies on the metal’s reflectivity properties to On December 25, 2009, a bombing the deployment of AIT to the major plot by AQAP culminated in Umar indicate an anomaly. AIT capabilities exceed metal detectors because it can detect metallic/non- Farouk Abdulmutallab’s attempt to blow metallic weapons, non-metallic bulk explosives and 129 http://www.whitehouse.gov/omb/circulars_ up an American aircraft over the United non-metallic liquid explosives. a004_a-4/.

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direct benefits of preventing several and an average crew size of 9 (323 In addition to the direct impacts of a potential terrorist attack scenarios. occupancy total) 138 and a market value terrorist attack in terms of lost life and TSA used five types of aircrafts to of $305.0 million.139 property, there are other more indirect impacts, particularly on aviation based represent five different scenarios where Medium Capacity an attacker detonates a body-bomb on a terrorist attacks that are difficult to • domestic passenger aircraft, the type of Boeing 737–700–A medium-range measure. As noted by Cass Sunstein in attack AIT is meant to mitigate. The five aircraft with a seating capacity range the Laws of Fear, ‘‘. . . fear is a real types of aircraft fall into two assigned between 126 and 149 (median of 138 social cost, and it is likely to lead to categories: High-capacity, long range used to represent passengers and other social costs. If, for example, aircraft typically used for international crew) 140 and a market value of $78.3 people are afraid to fly, the economy million.141 will suffer in multiple ways ....’’147 travel; and medium-capacity and long- • range aircraft typically used for cross- Boeing 737–800–A medium-range Given the lack of information to country travel or popular routes. TSA aircraft with a seating capacity range quantify these more intangible, but real used the Bureau of Transportation between 162 and 189 (median of 176 economic impacts of a terrorist attack, Statistics’ T–100 130 data bank from used to represent passengers and the full benefits of AIT screening are 142 2014 to determine the most popular crew) and a market value of $93.3 underestimated in this break-even million.143 aircraft models for the two categories of • analysis. aircrafts.131 132 TSA also used the T–100 Airbus A320–100/200–A medium- TSA assumed all the passengers and range aircraft with a 150 seat crew are killed in each scenario and from 2014 to determine the average load 144 133 capacity and crew size of 6 (156 used the value of statistical life (VSL) of factor for each aircraft type. These 145 occupancy total) and a market value $9.1 million per fatality as adopted by aircrafts were used in the break-even 146 analysis and are listed below along with of $97.0 million. the U.S. Department of Transportation To conduct the break-even analysis, their specifications: (DOT) 148 to monetize the consequences TSA estimated the major direct costs for from fatalities. TSA emphasizes that the High Capacity these attack scenarios, which can be VSL is a statistical value used here only viewed as the benefits of avoiding an • Airbus A380–Airbus’ long-range for regulatory comparison and does not attack. The break-even analysis does not aircraft with a 544 seat capacity 134 and suggest that the actual value of a life can include the macroeconomic impacts an average crew size of 13 (557 be stated in dollar terms. that could occur due to a major attack. occupancy total) 135 with a market value The replacement cost of the aircraft of $428.0 million.136 and emergency response costs 149 150 are • www.boeing.com/boeing/commercial/777family/pf/ Boeing 777–200LR–Boeing’s long- pf_200product.page. added to the loss of life to sum up the 137 range aircraft with 317 seat capacity 138 Estimated nine crew members is a TSA total cost of each attack scenario. TSA assumption. This estimate is based on the crew then calculates the ratio between the 130 U.S. Department of Transportation, Bureau of consisting of a pilot, copilot, flight engineer, and six estimated cost of a successful attack and Transportation Statistics, ‘‘T–100 Data bank.’’ flight attendants. The number of flight attendants is _ based on the minimum requirements from 14 CFR the annualized cost of AIT using a seven http://www.transtats.bts.gov/DatabaseInfo.asp?DB 151 ID=111. 121.391, which state there must be at least one percent discount rate. By generating 131 U.S. Department of Transportation, Bureau of flight attendant per 50 passenger seats. a ratio between these costs, TSA Transportation Statistics, ‘‘T–100 Domestic 139 Boeing.com, ‘‘Commercial Airplanes Jet estimates how small the value of non- Segment (All carriers) Data bank,’’ http://www. Prices, 2014 price,’’ http://www.boeing.com/boeing/ quantified benefits would need to be for transtats.bts.gov/DL_SelectFields.asp?Table_ID= commercial/prices/. 311&DB_Short_Name=Air. Selected fields: 140 Boeing.com, ‘‘737–700 Technical the rule to yield zero positive benefits. DepPerformed, Aircraft Type, and Year = 2014, All Characteristics.’’ Accessed Aug. 12, 2015. http:// Table 5 presents the number of attacks months. www.boeing.com/boeing/commercial/737family/pf/ averted (expressed as a number of years 132 Boeing 737–700/700LR, Boeing 737–800, and pf_700tech.page. between attacks) that would be required Airbus A320–100/200 are the first-, fourth-, and 141 Boeing.com, ‘‘Commercial Airplanes Jet to break even for all five attack fifth-most often-used aircrafts in 2014, respectively. Prices, 2014 price,’’ http://www.boeing.com/boeing/ 133 U.S. Department of Transportation, Bureau of commercial/prices/. scenarios. Transportation Statistics, ‘‘T–100 Domestic 142 Boeing.com, ‘‘737–800 Technical Segment (All carriers) Data bank,’’ http://www. Characteristics.’’ Accessed Aug. 12, 2015. http:// 147 Cass R. Sunstein, ‘‘Laws of Fear,’’ p. 127, 2005. transtats.bts.gov/DL_SelectFields.asp?Table_ID= www.boeing.com/boeing/commercial/737family/pf/ 148 U.S. Department of Transportation, ‘‘Guidance 311&DB_Short_Name=Air. Selected fields: Seats, pf_800tech.page? on Treatment of Economic Value of a Statistical Life Passengers, Aircraft Type, and Year = 2014, All 143 Boeing.com, ‘‘Commercial Airplanes Jet in U.S. Department of Transportation Analyses,’’ months. Prices, in 2014 price,’’ http://www.boeing.com/ http://www.dot.gov/sites/dot.dev/files/docs/ 134 Airbus.com, ‘‘A380 Dimensions & Key Data.’’ boeing/commercial/prices/. VSL%20Guidance%202013.pdf. Accessed Aug. 12, 2015. http://www.airbus.com/ 144 Airbus.com, ‘‘A320 Setting single aisle 149 TSA uses a proxy estimate of $869,552 aircraftfamilies/passengeraircraft/a380family/ standards, Dimensions & Key Data.’’ Accessed (inflated from $800,000 in 2009 dollars) from a specifications/. August 12, 2015. http://www.airbus.com/ lawsuit filed by The County of Erie, New York to 135 Estimated thirteen crew members is a TSA aircraftfamilies/passengeraircraft/a320family/a320/ recuperate emergency response costs from Colgan assumption. This estimate is based on the crew specifications/. Air, Inc., in response to the Colgan Air Flight 3407 consisting of a pilot, copilot, flight engineer, and 145 Estimated six crew members is a TSA crash. These costs include overtime, removal of ten flight attendants. The number of flight assumption. This estimate is based on the crew human remains, cleanup of the aircraft and attendants is based on the minimum requirements consisting of a pilot, copilot, flight engineer, and chemical substances, counseling for the surviving from 14 CFR 121.391, which state there must be at three flight attendants. The number of flight family members, and acquiring special equipment. least one flight attendant per 50 passenger seats. attendants is based on the minimum requirements 150 McGrory, Michael, ‘‘Airlines Not Liable for 136 Airbus.com, ‘‘New Airbus aircraft list prices from 14 CFR 121.391, which state there must be at Colgan Air Crash Clean-Up Costs; SmithAmunden for 2015,’’ http://www.airbus.com/newsevents/ least one flight attendant per 50 passenger seats. Aerospace Report,’’ March 20, 2013, http:// news-events-single/detail/new-airbus-aircraft-list- 146 Airbus.com, ‘‘New Airbus aircraft list prices www.salawus.com/insights-alerts-70.html. prices-for-2015/. for 2015,’’ http://www.airbus.com/newsevents/ 151 TSA estimates the annualized net cost of AIT 137 Boeing.com, ‘‘777–200/–200ER Technical news-events-single/detail/new-airbus-aircraft-list- deployment to be $204.57 million using a seven Characteristics.’’ Accessed Aug. 12, 2015. http:// prices-for-2015/. percent discount rate.

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TABLE 5—FREQUENCY OF ATTACKS AVERTED TO BREAK-EVEN [In $millions]

Replacement and Total Attacks averted by AIT Aircrafts emergency passengers + Load factor Total to break-even: total response crew (%) consequence consequence/$204.57M costs

a b c d = a + (b × c e = d ÷ $204.57M × VSL)

High Capacity: Airbus A380 ...... $428.9 557 86 $4,811 1 attack per 23.52 yrs. Boeing 777–200 ...... 305.9 326 84 2,791 1 attack per 13.64 yrs. Medium Capacity: Boeing 737–700/700LR ...... 79.2 138 80 1,075 1 attack per 5.25 yrs. Boeing 737–800 ...... 94.2 176 84 1,434 1 attack per 7.01 yrs. Airbus Industries A320–100/200 ...... 97.9 156 85 1,305 1 attack per 6.38 yrs.

In Table 6 and Table 7, TSA presents the annualized net cost of AIT from cycle of the AIT technology considered annualized cost estimates and 2015 to 2017. As previously explained, in this analysis is 10 years, TSA has also quantitative benefits of AIT deployment costs incurred from 2008–2014 occurred added Table 7 showing the annualized and operation. In Table 6, TSA shows in the past. However, given that the life net cost of AIT from 2008–2017.

TABLE 6—OMB A–4 ACCOUNTING STATEMENT FOR 2015–2017 [In $millions]

Category Primary estimate Minimum Maximum Source citation (final estimate estimate RIA, preamble, etc.)

BENEFITS

Annualized monetized benefits (discount rate in parentheses) .... (7%) N/A ...... Final RIA.

(3%) N/A ...... Final RIA.

Unquantified benefits ...... The operations described in this rule produce bene- Final RIA fits by reducing security risks through the deployment of AIT that can detect non-metallic weapons and explosives.

COSTS

Annualized monetized costs (discount rate in parentheses) ...... (7%) $235.56 ...... Final RIA.

(3%) $235.62 ...... Final RIA.

Annualized quantified, but unmonetized, costs ...... 0 0 0 Final RIA.

Qualitative costs (unquantified) ...... N/A Final RIA.

TRANSFERS

Annualized monetized transfers: ‘‘on budget’’ ...... 0 0 0 Final RIA. From whom to whom? ...... N/A N/A N/A None. Annualized monetized transfers: ‘‘off-budget’’ ...... 0 0 0 Final RIA. From whom to whom? ...... N/A N/A N/A None.

Miscellaneous analyses/category Effects Source citation (final RIA, preamble, etc.)

Effects on state, local, and/or tribal governments ...... None Final RIA. Effects on small businesses ...... No significant economic impact. Prepared FRFA. FRFA. Effects on wages ...... None None. Effects on growth ...... None None.

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TABLE 7—OMB A–4 ACCOUNTING STATEMENT FOR 2008–2017 [$millions]

Category Primary estimate Minimum Maximum Source citation (final estimate estimate RIA, preamble, etc.)

BENEFITS

Annualized monetized benefits (discount rate in parentheses) .... (7%) N/A ...... Final RIA.

(3%) N/A ...... Final RIA.

COSTS

Annualized monetized costs (discount rate in parentheses) ...... (7%) $204.57 ...... Final RIA.

(3%) $210.47 ...... Final RIA.

Annualized quantified, but unmonetized, costs ...... 0 0 0 Final RIA.

Qualitative costs (unquantified) ...... N/A Final RIA.

TRANSFERS

Miscellaneous analyses/category Effects Source citation (final RIA, preamble, etc.)

Effects on state, local, and/or tribal governments ...... None Final RIA.

Effects on small businesses ...... No significant economic impact. Prepared FRFA. FRFA. Effects on wages ...... None None. Effects on growth ...... None None.

As alternatives to the preferred increased use of physical pat-down rejected them in favor of the rule, are regulatory proposal presented in the searches that supplements primary discussed in detail in Chapter 3 of the NPRM and final rule, TSA examined screening with WTMDs, and increased regulatory impact analysis located in three other options. The following table use of ETD screening that supplements this docket and summarized in Table 8. briefly describes these options, which primary screening with WTMDs. These include use of WTMD only (no action), alternatives, and the reasons why TSA

TABLE 8—ADVANTAGES AND DISADVANTAGES OF REGULATORY ALTERNATIVES

Regulatory alternative Name Description Advantages Disadvantages

1 ...... WTMDs Only The passenger screening environment re- • No additional cost burden .. • Fails to meet the January 7, mains unchanged. TSA continues to use • No additional perceived pri- 2010 Presidential Memo- WTMDs as the primary passenger screen- vacy concerns. randum and statutory re- ing technology and to resolve alarms with quirement in 49 USC a pat-down. 44925.152 • Does not mitigate the non- metallic threat to aviation security. 2 ...... Pat-Down ...... TSA continues to use WTMDs as the primary • Thorough physical inspec- • Employs a substantial passenger screening technology. TSA sup- tion of metallic and non-me- amount of human re- plements the WTMD screening by with a tallic items. sources. pat-down on a randomly selected portion of • Uses currently deployed • Increase in number of pas- passengers. WTMD technology. sengers subject to a pat- • Minimal technology acquisi- down. tion costs. • Increased wait times.

152 http://www.whitehouse.gov/the-press-office/ presidential-memorandum-regarding-12252009- attempted-terrorist-attack.

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TABLE 8—ADVANTAGES AND DISADVANTAGES OF REGULATORY ALTERNATIVES—Continued

Regulatory alternative Name Description Advantages Disadvantages

3 ...... ETD Screening TSA continues to use WTMDs as the primary • Somewhat addresses the • Does not detect non-explo- passenger screening technology. TSA sup- threat of non-metallic explosive non-metallic potential plements the WTMD screening by con- sive threats. threats. ducting ETD screening on a randomly se- • Increased wait times and lected portion of passengers after screen- associated passenger op- ing by a WTMD. portunity cost of time. • Increase in ETD consumable costs. 4 ...... AIT as Sec- TSA continues to use WTMDs as the primary • Somewhat addresses non- • Primary screening does not ondary screening technology. TSA supplements metallic explosive threats. detect non-metallic weap- Screening. the WTMD screening by conducting AIT ons or explosives. screening on a randomly selected portion • Incremental cost of acquisi- of passengers after screening by a WTMD. tion of AIT. 5 ...... AIT ...... TSA uses AIT as a passenger screening • Addresses the threat of • Incremental cost of acquisi- technology. Alarms resolved through a pat- non-metallic explosives hid- tion to TSA. down. den on the body by safely • Incremental personnel cost screening passengers for to TSA. metallic and non-metallic • Incremental training cost to threats. TSA. • Maintains lower personnel cost and higher throughput rates than the other alternatives. • Adds deterrence value—the effect of would be attackers becoming discouraged as a result of AIT.

3. Regulatory Flexibility Act Assessment These entities incur an incremental commerce of the United States. The Regulatory Flexibility Act (RFA) cost for utilities from an increased Legitimate domestic objectives, such as of 1980 requires agencies to consider the consumption of electricity from AIT safety, are not considered unnecessary impacts of their rules on small entities. operation. To estimate these costs, TSA obstacles. The statute also requires Under the RFA, the term ‘‘small uses the average kilowatts (kW) consideration of international standards entities’’ comprises small businesses, consumed per AIT unit on an annual and, where appropriate, that they be the not-for-profit organizations that are basis. Depending on the size of the basis for U.S. standards. TSA has independently owned and operated and airport, TSA estimates the average assessed the potential effect of this are not dominant in their fields, and additional utilities costs to range from rulemaking and has determined that it $290 to $921 per year while the average governmental jurisdictions with will have only a domestic impact and annual revenue for these small entities populations of less than 50,000. therefore no effect on any trade- Individuals and States are not ranges from $8.4 million to $213.3 153 sensitive activity. considered ‘‘small entities’’ based on the million per year. TSA estimates that definitions in the RFA (5 U.S.C. 601). the cost impact of AIT to affected small 5. Unfunded Mandates Assessment This final rule codifies the use of AIT entities is less than one percent of their to screen passengers boarding annual revenue. Therefore, TSA’s Final The UMRA is intended, among other commercial aircraft for weapons, Regulatory Flexibility Analysis suggests things, to curb the practice of imposing explosives, and other prohibited items that this rule would not have a unfunded Federal mandates on State, concealed on the body. The only significant economic impact on a local, and tribal governments. Title II of additional direct cost small entities substantial number of small entities the UMRA requires each Federal agency incur due to this rule is for utilities, under section 605(b) of the RFA. to prepare a written statement assessing because of increased power 4. International Trade Impact the effects of any Federal mandate in a consumption from AIT operation. TSA Assessment proposed or final agency rule that may identified 106 small entities (105 small result in a $100 million or more The Trade Agreement Act of 1979 governmental jurisdictions and one expenditure (adjusted annually for prohibits Federal agencies from small privately-owned airport) based on inflation) in any one year by State, local, establishing any standards or engaging the Small Business Administration size and tribal governments, in the aggregate, standards that potentially incur in related activities that create unnecessary obstacles to the foreign or by the private sector; such a mandate additional utilities costs due to AIT. Of is deemed to be a ‘‘significant regulatory the 106 small entities, seven currently 153 action.’’ have AITs deployed and are not TSA has changed the way that utilities costs were calculated from the NPRM in order to match This rulemaking does not contain reimbursed by TSA for the payment of the operating time of an AIT with its associated cost utilities. Consequently, AIT causes for additional utilities consumption. The change in such a mandate. The requirements of seven small entities, or 1.5 percent the revenue range for small entities from the NPRM Title II of the UMRA, therefore, do not is due to the population of airports which has been apply and TSA has not prepared a (7/460) of all airports, to incur adjusted to include all airports that are regulated additional direct costs during the period under 49 CFR part 1542 since publication of the statement. of analysis. NPRM.

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C. Paperwork Reduction Act levels of government, and, therefore, Authority: 49 U.S.C. 114, 5103, 40113, does not have federalism implications. 44901–44907, 44913–44914, 44916–44918, The Paperwork Reduction Act of 1995 44925, 44935–44936, 44942, 46105. (PRA) (44 U.S.C. 3501. et seq.) requires E. Environmental Analysis ■ 2. In § 1540.107, add paragraph (d) to that TSA consider the impact of TSA has reviewed this rulemaking for read as follows: paperwork and other information purposes of the National Environmental collection burdens imposed on the Policy Act of 1969 (NEPA) (42 U.S.C. § 1540.107 Submission to screening and public and, under the provisions of PRA 4321–4347) and has determined that inspection. sec. 3507(d), obtain approval from the this action will not have a significant * * * * * OMB for each collection of information effect on the human environment. This (d) The screening and inspection it conducts, sponsors, or requires action is covered by categorical described in paragraph (a) of this through regulations. The PRA defines a exclusion (CATEX) number A3(b) and section may include the use of advanced ‘‘collection of information’’ to be ‘‘the (d) in DHS Management Directive 023– imaging technology. Advanced imaging obtaining, causing to be obtained, 01 (formerly Management Directive technology used for the screening of soliciting, or requiring the disclosure to 5100.1), Environmental Planning passengers under this section must be third parties or the public, of facts or Program, which guides TSA compliance equipped with and employ automatic with NEPA. opinion by or for an agency, regardless target recognition software and any of form or format . . . imposed on ten F. Energy Impact Analysis other requirement TSA deems necessary or more persons.’’ 44 U.S.C. 3502(3)(A). to address privacy considerations. TSA did not receive any comments The energy impact of this rulemaking has been assessed in accordance with (1) For purposes of this section, regarding the PRA. TSA has determined advanced imaging technology– that there are no current or new the Energy Policy and Conservation Act information collection requirements (EPCA), Public Law 94–163, as amended (i) Means a device used in the associated with this rule. TSA’s use of (42 U.S.C. 6362). TSA has determined screening of passengers that creates a AIT to screen passengers does not that this rulemaking is not a major visual image of an individual showing constitute activity that would result in regulatory action under the provisions the surface of the skin and revealing the collection of information as defined of the EPCA. other objects on the body; and in the PRA. List of Subjects in 49 CFR Part 1540 (ii) May include devices using backscatter x-rays or millimeter waves As protection provided by the PRA, as Air carriers, Aircraft, Airports, Civil and devices referred to as whole body amended, an agency may not conduct or Aviation Security, Law enforcement imaging technology or body scanning sponsor, and a person is not required to officers, Reporting and recordkeeping machines. respond to, a collection of information requirements, Screening, Security unless it displays a currently valid OMB measures. (2) For purposes of this section, control number. automatic target recognition software The Amendment means software installed on an D. Executive Order 13132, Federalism For the reasons set forth in the advanced imaging technology device preamble, the Transportation Security that produces a generic image of the TSA has analyzed this rulemaking Administration amends Chapter XII of individual being screened that is the under the principles and criteria of E.O. Title 49, Code of Federal Regulations, as same as the images produced for all 13132, Federalism. TSA determined that follows: other screened individuals. this action will not have a substantial Dated: February 23, 2016. direct effect on the States, or the PART 1540—CIVIL AVIATION Peter V. Neffenger, relationship between the National SECURITY: GENERAL RULES Government and the States, or on the Administrator. distribution of power and ■ 1. Revise the authority citation for part [FR Doc. 2016–04374 Filed 3–2–16; 8:45 am] responsibilities among the various 1540 to read as follows: BILLING CODE 4910–52–P

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