Vol. 81 Tuesday, No. 11 January 19, 2016

Pages 2725–2966

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 11

Tuesday, January 19, 2016

Agricultural Marketing Service Coast Guard PROPOSED RULES RULES Minimum Quality and Handling Standards for Domestic Safety Zones: and Imported Peanuts Marketed in the U.S.; Change to RICHLAND, Apra Harbor/Philippine Sea, GU, 2749–2751 the Quality and Handling Requirements, 2775–2782 NOTICES Commerce Department Final Guidance for Accredited Certifying Agents and See Foreign-Trade Zones Board Certified Operations on Natural Resources and See International Trade Administration Biodiversity Conservation: See National Oceanic and Atmospheric Administration National Organic Program, 2837–2838 See National Telecommunications and Information Administration Agriculture Department NOTICES See Agricultural Marketing Service Agency Information Collection Activities; Proposals, See Animal and Plant Health Inspection Service Submissions, and Approvals, 2840 See Food and Nutrition Service Privacy Act; Systems of Records, 2840–2843 See Forest Service See Grain Inspection, Packers and Stockyards Comptroller of the Currency Administration NOTICES See National Agricultural Statistics Service Privacy Act; Systems of Records, 2945–2962 See National Institute of Food and Agriculture Court Services and Offender Supervision Agency for the District of Columbia Animal and Plant Health Inspection Service NOTICES PROPOSED RULES Senior Executive Service Performance Review Board, 2850– Guidance: 2851 Biennial Review and Republication of the Select Agent and Toxin List; Amendments to the Select Agent and Defense Department Toxin Regulations, 2762–2774 NOTICES Charter Renewals: Bureau of Consumer Financial Protection Department of Defense Federal Advisory Committees, NOTICES 2851 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2850 Drug Enforcement Administration NOTICES Centers for Disease Control and Prevention Importers of Controlled Substances; Applications: NOTICES Siegfried USA, LLC, 2910 Agency Information Collection Activities; Proposals, Importers of Controlled Substances; Registrations: Submissions, and Approvals, 2864–2868 Lipomed, Inc., 2907–2910 Agency Information Collection Activities; Proposals, Manufacturers of Controlled Substances; Registrations: Submissions, and Approvals: American Radiolabeled Chemicals, Inc., 2910 NIOSH Center for Direct Reading and Sensor Apertus Pharmaceuticals, 2910–2911 Technologies; Sensors for Emergency Response Rhodes Technologies, 2911 Activities, 2866–2867 Performance Test Protocol for Closed System Transfer Education Department Devices that Incorporate Air-Cleaning Technology to NOTICES Provide Worker Protection During Pharmacy Agency Information Collection Activities; Proposals, Compounding and Administration of Hazardous Submissions, and Approvals: Drugs, 2863–2864 Parent Information and School Choice Evaluation, 2851– 2852 Privacy Act; Systems of Records, 2852 Centers for Medicare & Medicaid Services NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 2868–2869 Environmental Protection Agency Children and Families Administration PROPOSED RULES NOTICES Treatment of Indian Tribes in a Similar Manner as States Agency Information Collection Activities; Proposals, for Purposes of the Clean Water Act, 2791–2803 Submissions, and Approvals: Withdrawal of Pesticide Petitions for Establishment or Child Care and Development Fund Plan for Tribes for Modification of Pesticide Chemical Tolerances or FFY 2017–2019, 2869 Tolerance Exemptions, 2803–2804

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NOTICES Federal Trade Commission Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Administrative Debt Collection Procedures, 2742–2743 White House Council on Environmental Quality/ NOTICES Environmental Protection Agency Presidential Agency Information Collection Activities; Proposals, Innovation Award for Environmental Educators Submissions, and Approvals, 2860–2862 Application, 2859–2860 Fish and Wildlife Service Federal Aviation Administration NOTICES PROPOSED RULES Endangered Species Permit Applications, 2899–2900 Airworthiness Directives: Meetings: Airbus Defense and Space S.A. (Formerly Known as North American Wetlands Conservation Council; Construcciones Aeronauticas, S.A.), 2783–2785 Teleconference, 2900–2901 Bombardier, Inc. Airplanes, 2785–2787 NOTICES Food and Drug Administration Petitions for Exemptions; Summaries: NOTICES Innova Flights Training and Systems, 2941–2942 Guidance: JP Morgan Chase and Co, 2942–2943 Modified Release Veterinary Parenteral Dosage Forms: The Boeing Company, 2941–2942 Development, Evaluation, and Establishment of Specifications, 2874–2875 Federal Communications Commission Meetings: RULES Arthritis Advisory Committee, 2873 Revitalization of the AM Radio Service, 2751–2760 Circulatory System Devices Panel of the Medical Devices PROPOSED RULES Advisory Committee, 2870–2871 Revitalization of the AM Radio Service, 2818–2831 Requests for Information: Psychosocial Predictors of Uptake of Tobacco and Other Federal Emergency Management Agency Products, 2871–2872 NOTICES Requests for Nominations: Flood Hazard Determinations, 2892–2895, 2897–2898 Technical Electronic Product Radiation Safety Standards Flood Hazard Determinations; Changes, 2884–2888, 2891– Committee, 2870 2892, 2895–2897 Flood Hazard Determinations; Proposed, 2883–2884, 2888– Food and Nutrition Service 2890 RULES Supplemental Nutrition Assistance Program: Federal Energy Regulatory Commission Review of Major Changes in Program Design and RULES Management Evaluation Systems, 2725–2741 Annual Update of Filing Fees, 2748–2749 NOTICES Applications: Foreign-Trade Zones Board Aquenergy Systems, LLC, 2853 NOTICES PE Hydro Generation, LLC, 2857–2858 Production Activities: Combined Filings, 2855, 2858 Bauer Manufacturing Inc., Foreign-Trade Zone 265, Initial Market-Based Rate Filings Including Requests for Conroe, TX; Correction, 2843 Blanket Section 204 Authorization: CPV Towantic, LLC, 2853–2854 Forest Service CPV Valley, LLC, 2858–2859 PROPOSED RULES Kingbird Solar A, LLC, 2852–2853 Prohibitions in Region 8, Southern Region, 2788–2791 Pio Pico Energy Center, LLC, 2856 RE Garland A, LLC, 2859 General Services Administration RE Garland, LLC, 2855–2856 NOTICES Records Governing Off-the-Record Communications, 2856– Meetings: 2857 World War One Centennial Commission, 2862–2863 Staff Attendances, 2854 Grain Inspection, Packers and Stockyards Administration Federal Highway Administration PROPOSED RULES NOTICES United States Standards for Oats, 2775 Final Federal Agency Actions: United States Standards for Sunflower Seed, 2774–2775 Highway 181 (U.S. 181) Harbor Bridge Project, TX, 2943 NOTICES Services Currently Offered or Needed to Facilitate the Federal Mine Safety and Health Review Commission Marketing of Grain and Related Products, 2838–2839 NOTICES Meetings; Sunshine Act, 2860 Health and Human Services Department See Centers for Disease Control and Prevention Federal Reserve System See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Formations of, Acquisitions by, and Mergers of Bank See Food and Drug Administration Holding Companies, 2860 See National Institutes of Health

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PROPOSED RULES National Credit Union Administration Possession, Use, and Transfer of Select Agents and Toxins; NOTICES Biennial Review of the List of Select Agents and Meetings; Sunshine Act, 2915 Toxins and Enhanced Biosafety Requirements, 2805– 2818 National Institute of Food and Agriculture Homeland Security Department NOTICES See Coast Guard Agency Information Collection Activities; Proposals, See Federal Emergency Management Agency Submissions, and Approvals, 2840 Interior Department See Fish and Wildlife Service National Institutes of Health See Land Management Bureau NOTICES See National Park Service Meetings: Center for Scientific Review, 2875–2876 Internal Revenue Service National Center for Advancing Translational Sciences, NOTICES 2882 Agency Information Collection Activities; Proposals, National Heart, Lung, and Blood Institute, 2881 Submissions, and Approvals, 2962–2964 National Institute of Allergy and Infectious Diseases, International Trade Administration 2881–2882 NOTICES National Institute of Diabetes and Digestive and Kidney Antidumping or Countervailing Duty Investigations, Orders, Diseases, 2879–2880 or Reviews: National Institute of Environmental Health Sciences, Diamond Sawblades and Parts Thereof from the People’s 2880, 2882 Republic of China, 2843–2845 National Institute of Nursing Research, 2879 Steel Wire Garment Hangers from the People’s Republic National Institute on Aging, 2880–2881 of China; 2014–2015, 2845–2846 Pill Image Recognition Challenge; Requirements and Registration, 2876–2879 International Trade Commission NOTICES Generalized System of Preferences: National Oceanic and Atmospheric Administration Possible Modifications, 2015 Review, 2904–2907 RULES Investigations; Determinations, Modifications, and Rulings, Pacific Island Fisheries: etc.: Northwestern Hawaiian Islands Lobster Harvest Hydrofluorocarbon Blends and Components from China, Guideline, 2761 2903–2904 PROPOSED RULES Fisheries off West Coast States: Justice Department Pacific Coast Groundfish Fishery Management Plan; See Drug Enforcement Administration Trawl Rationalization Program; Flow Scale NOTICES Requirements, 2831–2836 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, National Institute of Justice Compliance Testing Program, Submissions, and Approvals, 2847–2848 2911–2912 National Tracing Center Trace Request, 2912–2913 Applications: Endangered Species; File No. 19637, 2846–2847 Labor Department Meetings: See Workers Compensation Programs Office Mid-Atlantic Fishery Management Council, 2847 Permits: Land Management Bureau Marine Mammals; File No. 18727, 2848 NOTICES Marine Mammals; File No. 18902, 2846 Plats of Surveys: California, 2901 National Park Service Merit Systems Protection Board NOTICES NOTICES Assessment of Eligible and Ineligible Lands for Opportunity to File Amicus Briefs, 2913–2914 Consideration as Wilderness Areas: Congaree National Park, South Carolina, 2902 National Agricultural Statistics Service Boundary Revisions: NOTICES Yosemite National Park, 2902–2903 Agency Information Collection Activities; Proposals, Inventory Completions: Submissions, and Approvals, 2839 Carnegie Museum of Natural History, Pittsburgh, PA; Correction, 2903 National Archives and Records Administration NOTICES Thomas Burke Memorial Washington State Museum, Agency Information Collection Activities; Proposals, University of Washington, Seattle, WA; Correction, Submissions, and Approvals, 2914–2915 2901–2902

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National Telecommunications and Information NASDAQ OMX PHLX, LLC, 2928–2930 Administration NASDAQ Stock Market, LLC, 2935–2937

NOTICES Social Security Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, State and Local Implementation Grant Program Reporting Submissions, and Approvals, 2938–2939 Requirements, 2848–2849 Trade Representative, Office of United States Nuclear Regulatory Commission NOTICES NOTICES Intent to Initiate Covered Agreement Negotiations with the Biweekly Notice: European Union, 2965 Applications and Amendments to Facility Operating International Trade Data System Visa Requirements under Licenses and Combined Licenses Involving No the African Growth and Opportunity Act, 2939–2941 Significant Hazards Considerations, 2915–2923 Transportation Department Occupational Safety and Health Review Commission See Federal Aviation Administration NOTICES See Federal Highway Administration Senior Executive Service Performance Review Board See Pipeline and Hazardous Materials Safety Membership, 2923 Administration

Personnel Management Office Treasury Department NOTICES See Comptroller of the Currency Agency Information Collection Activities; Proposals, See Internal Revenue Service Submissions, and Approvals: RULES Fingerprint Chart Standard Form 87, 2924 Acquisition Regulations; Correction, 2760–2761 Freedom of Information/Privacy Act Record Request NOTICES Form, INV 100, 2923–2924 Intent to Initiate Covered Agreement Negotiations with the European Union, 2965 Pipeline and Hazardous Materials Safety Administration NOTICES Veterans Affairs Department Pipeline Safety: NOTICES Potential for Damage to Pipeline Facilities Caused by Meetings: Flooding, River Scour, and River Channel Migration, Advisory Committee on Disability Compensation, 2965– 2943–2945 2966

Postal Regulatory Commission Workers Compensation Programs Office NOTICES PROPOSED RULES New Postal Products, 2924–2925 Claims for Compensation under the Energy Employees Occupational Illness Compensation Program Act, 2787– Securities and Exchange Commission 2788 RULES Disclosure Requirements for Emerging Growth Companies and Forward Incorporation by Reference for Smaller Reporting Companies, 2743–2748 Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, and notice Submissions, and Approvals, 2933–2935 of recently enacted public laws. Meetings: To subscribe to the Federal Register Table of Contents Equity Market Structure Advisory Committee, 2931 LISTSERV electronic mailing list, go to http:// Self-Regulatory Organizations; Proposed Rule Changes: listserv.access.gpo.gov and select Online mailing list Chicago Board Options Exchange, Inc., 2931–2933 archives, FEDREGTOC-L, Join or leave the list (or change NASDAQ OMX BX, Inc., 2925–2928 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.

7 CFR 271...... 2725 272...... 2725 275...... 2725 Proposed Rules: 331...... 2762 810 (2 documents) ...... 2774, 2775 996...... 2775 9 CFR Proposed Rules: 121...... 2762 14 CFR Proposed Rules: 39 (2 documents) ....2783, 2785 16 CFR 1...... 2742 17 CFR 229...... 2743 239...... 2743 18 CFR 381...... 2748 20 CFR Proposed Rules: 30...... 2787 33 CFR 165...... 2749 36 CFR Proposed Rules: 261...... 2788 40 CFR Proposed Rules: 130...... 2791 180...... 2803 42 CFR Proposed Rules: 73...... 2805 47 CFR 73...... 2751 Proposed Rules: 73...... 2818 74...... 2818 48 CFR 1022...... 2760 1052...... 2760 50 CFR 665...... 2761 Proposed Rules: 660...... 2831

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Rules and Regulations Federal Register Vol. 81, No. 11

Tuesday, January 19, 2016

This section of the FEDERAL REGISTER rule also amends Management difficulty in reporting information to the contains regulatory documents having general Evaluation (ME) Review regulations by State; and (4) changes that may applicability and legal effect, most of which modifying the requirements for State disproportionately increase the burdens are keyed to and codified in the Code of reviews. The rule revises the definitions on specific vulnerable households. In Federal Regulations, which is published under of large, medium and small project addition, the provision gives the 50 titles pursuant to 44 U.S.C. 1510. areas. Finally, it removes sections of the Department the discretion to identify The Code of Federal Regulations is sold by regulations pertaining to coupons and other major changes that a State agency the Superintendent of Documents. Prices of coupon storage since they are obsolete. would be required to report, as well as new books are listed in the first FEDERAL DATES: Effective Date: January 19, 2016. to identify the types of data the State REGISTER issue of each week. Implementation date: This rule shall agencies would have to collect to be implemented as follows: § 272.15 identify and correct adverse effects on shall be implemented on March 21, integrity and access. Finally, the DEPARTMENT OF AGRICULTURE 2016. Implementation of any major Department is modifying requirements change that begins after that day must for State reviews to allow more efficient Food and Nutrition Service be reported to FNS. The changes in use of staff and resources. definitions in Part 271 that impact the 7 CFR Parts 271, 272 and 275 I. Additional Information on Electronic requirements for State ME reviews in Access [FNS–2011–0035] Part 275, shall be implemented October 1, 2016. Electronic Access RIN 0584–AD86 FOR FURTHER INFORMATION CONTACT: You may view and download an Supplemental Nutrition Assistance Mary Rose Conroy, Chief, Program electronic version of this final rule at Program: Review of Major Changes in Design Branch, Program Development http://www.fns.usda.gov/snap/. Division, Food and Nutrition Service, Program Design and Management USDA, 3101 Park Center Drive, II. Procedural Matters Evaluation Systems Alexandria, Virginia 22302, (703) 305– Executive Order 12866 and 13563 AGENCY: Food and Nutrition Service 2515; [email protected]. Executive Orders 12866 and 13563 (FNS), USDA. Questions regarding this rulemaking direct agencies to assess all costs and ACTION: Final rule. should be sent in writing to 3101 Park benefits of available regulatory Center Drive, Alexandria, Virginia alternatives and, if regulation is SUMMARY: This rule finalizes provisions 22302, or by telephone at (703) 305– necessary, to select regulatory of the proposed rule entitled Review of 2803, or via email to Maryrose.Conroy@ approaches that maximize net benefits Major Changes in Program Design and fns.usda.gov. (including potential economic, Management Evaluation Systems, which SUPPLEMENTARY INFORMATION: This environmental, public health and safety was published May 3, 2011. This final action is needed to implement section effects, distributive impacts, and rule amends the Supplemental Nutrition 4116 of the FCEA. Section 4116, Review equity). This final rule has been Assistance Program (SNAP) (formerly of Major Changes in Program Design, determined to be not significant under the Food Stamp Program) regulations to amends section 11 of the Food and Executive Order 12866 and was not implement section 4116 of the Food, Nutrition Act of 2008 (the Act) (7 U.S.C. reviewed by the Office of Management Conservation and Energy Act of 2008 2020). Section 4116 requires the and Budget. (FCEA). Section 4116 of the FCEA, Department to develop standards for Review of Major Changes in Program identifying major changes in the Costs Design, requires the United States operations of State agencies that The rule will have a minimal cost in Department of Agriculture (the administer SNAP; State agencies to fiscal year (FY) 2016 and over the 5 Department) to identify standards for notify the Department upon years FY 2016 through FY 2020. To major changes in operations of State implementing a major change in estimate the cost impact, we multiplied agencies’ administration of SNAP. The operations; and State agencies to collect the estimated total burden hours, as provision also requires State agencies to any information required by the outlined in the Paperwork Reduction notify the Department if they implement Department to identify and correct any Act section of the preamble, by the a major change in operations and to adverse effects on program integrity or hourly mean wage for functions collect and report data that can be used access, particularly access by vulnerable performed by State agency and local to identify and correct problems relating households. The provision identifies education agency staff. The hourly mean to integrity and access, particularly for four major changes in operations for wage is based upon the U.S. Department certain vulnerable households. which standards for identifying changes of Labor, Bureau of Labor Statistics, May This final rule establishes criteria for must be developed: (1) Large or 2014 National Occupational and Wage changes that would be considered substantially-increased numbers of low- Statistics, Occupational Group (for ‘‘major changes’’ in program operations income households that do not live in education-related occupations), which and identifies the data State agencies reasonable proximity to a SNAP office; is $25.10. FNS estimates a total of 8,460 must report in order to identify (2) substantial increases in reliance on burden hours to fulfill the reporting problems relating to integrity and automated systems for the performance requirements. The annual cost is access. It also sets forth when and how of responsibilities previously performed estimated at $212,364 or approximately State agencies must report on the by merit system personnel; (3) changes $1,061,730 over the 5 years FY 2016 implementation of a major change. This that potentially increase the households’ through FY 2020.

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Benefits of the rule. This rule contains no Executive Order 13175 This rule requires State agencies to Federal mandates (under the regulatory This rule has been reviewed in report on the impacts of implementing provisions of Title II of the UMRA) for accordance with the requirements of major changes in State agency State, local and Tribal governments or Executive Order 13175, ‘‘Consultation operations, and to identify and correct the private sector of $100 million or and Coordination with Indian Tribal problems caused by implementing these more in any one year. This rule is, Governments.’’ Executive Order 13175 changes. This rule will benefit State therefore, not subject to the requires Federal agencies to consult and agencies by requiring them to fully requirements of sections 202 and 205 of coordinate with tribes on a government- evaluate changes and thereby reduce the the UMRA. to-government basis on policies that potential for these changes to cause have tribal implications, including Federalism Summary Impact Statement hardships for applicants, recipients or regulations, legislative comments or compromise the integrity of the Executive Order 13132 requires proposed legislation, and other policy program. This rule will benefit Federal agencies to consider the impact statements or actions that have applicants, recipients or individuals of their regulatory actions on State and substantial direct effects on one or more otherwise eligible for SNAP by requiring local governments. Where such actions Indian tribes, on the relationship State agencies to identify and correct have federalism implications, agencies between the Federal Government and adverse impacts. This rule modifies the are directed to provide a statement for Indian tribes or on the distribution of requirements for State ME reviews of power and responsibilities between the local office operations. It will benefit inclusion in the preamble to the regulations describing the agency’s Federal Government and Indian tribes. State agencies by allowing them more FNS has assessed the impact of this considerations in terms of the three time to conduct higher quality reviews. rule on Indian tribes and determined categories called for under section that this rule does not, to our Executive Order 12372 (6)(b)(2)(B) of E.O. 13132. FNS has knowledge, have tribal implications that considered this rule’s impact on State SNAP is listed in the Catalog of require tribal consultation under EO Federal Domestic Assistance under No. and local agencies and has determined 13175. On February 18, 2015 the agency 10.551. For the reasons set forth in the that it does not have federalism held a webinar for tribal participation final rule in 7 CFR part 3015, subpart V implications under E.O. 13132. and comments. During the comment and related Notice (48 FR 29115, June Civil Rights Impact Analysis period, FNS did not receive any 24, 1983), this program is excluded from comments on the proposed rule. If a the scope of Executive Order 12372, FNS has reviewed this rule in Tribe requests consultation, FNS will which requires intergovernmental accordance with the Department work with the Office of Tribal Relations consultation with State and local Regulation 4300–4, ‘‘Civil Rights Impact to ensure meaningful consultation is officials. Analysis,’’ to identify and address any provided where changes, additions and Regulatory Flexibility Act major civil rights impacts that the rule modifications identified herein are not This rule has been reviewed with might have on minorities, women and expressly mandated by Congress. regard to the requirements of the persons with disabilities. After a careful Paperwork Reduction Act Regulatory Flexibility Act (5 U.S.C. review of the rule’s intent and 601–612). It has been certified that this provisions, FNS has determined that The Paperwork Reduction Act of 1995 rule will not have a significant this rule has no intended impact on any (44 U.S.C. Chap. 35; see 5 CFR part economic impact on a substantial of the protected classes. FNS 1320), requires that OMB approve all number of small entities. State welfare specifically prohibits State and local collections of information by a Federal agencies will be the most affected to the government agencies that administer agency from the public before they can extent that they administer the SNAP. SNAP from engaging in actions that be implemented. Respondents are not required to respond to any collection of discriminate against any applicant or Unfunded Mandates Reform Act information unless it displays a current participant in any aspect of program valid OMB control number. The Notice Title II of the Unfunded Mandates administration, including, but not Reform Act of 1995 (UMRA), establishes of Proposed Rulemaking (NPRM) limited to, the certification of contained new requirements that are requirements for Federal agencies to households, the issuance of benefits, the assess the effects of their regulatory subject to review and approval by OMB. conduct of fair hearings, or the conduct actions on State, local and Tribal FNS sought public comments on the of any other program service for reasons governments and the private sector. changes in the information collection Under section 202 of the UMRA, the of age, race, color, sex, handicap, burden that would result from adoption Food and Nutrition Service (FNS) religious creed, national origin or of the NPRM provisions. generally must prepare a written political beliefs (SNAP Comments were invited on: (a) statement, including a cost-benefit nondiscrimination policy can be found Whether the proposed collection of analysis for proposed and final rules at 7 CFR 272.6). Discrimination in any information is necessary for the proper with ‘‘Federal mandates’’ that may aspect of program administration is performance of the functions of the result in expenditures to State, local or prohibited by these regulations, the agency, including whether the Tribal governments in the aggregate, or Food and Nutrition Act of 2008, the Age information shall have practical utility; to the private sector, of $100 million or Discrimination Act of 1975 (Pub. L. 94– (b) the accuracy of the agency’s estimate more in any one year. When such a 135), the Rehabilitation Act of 1973 of the burden of the proposed collection statement is needed for a rule, section (Pub. L. 93–112, section 504) and Title of information, including the validity of 205 of the UMRA generally requires VI of the Civil Rights Act of 1964 (42 the methodology and assumptions used; FNS to identify and consider a U.S.C. 2000d). Enforcement action may (c) ways to enhance the quality, utility reasonable number of regulatory be brought under any applicable Federal and clarity of the information to be alternatives and adopt the least costly, law. Title VI complaints shall be collected; and (d) ways to minimize the more cost effective or least burdensome processed in accordance with 7 CFR burden of the collection of information alternative that achieves the objectives part 15. on those who are to respond, including

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use of appropriate automated, changes that may make it more difficult Responses electronic, mechanical, or other for households to report and an Criterion per year technological collection techniques or undefined ‘‘other’’ category. Such other forms of information technology. changes in operations are made by Replacement of automated Comments on the information States based upon a variety of system ...... 10 collection pursuant to the proposed rule interrelated factors. There is no Changing the responsibilities of merit system personnel .. .5 were minimal, but changes to provisions evidence that the State’s size Office closings ...... 3 of the final rule have affected the (population) or regional location predict Significant reductions in SNAP reporting burden estimated from the when or what type of changes States staff ...... 3 NPRM. will make. Changes that may make it Title: Review of Major Changes in In examining the first of the above more difficult for households Program Design. criterion in isolation, it would be to report ...... 5 OMB Number: [0584–NEW]. reasonable to expect one or two States Other ...... 1 Expiration Date: Not Yet Determined. per year to replace automated systems Type of Request: New Collection. and another four States to make Total ...... 22 .5 Abstract: As required by the modifications to their systems that Paperwork Reduction Act of 1995 (44 would require a major change report. Once a State has triggered one of the U.S.C. 3507(d)), FNS is submitting a However, with so many States running six criteria, the State will be required to copy of this section to OMB for its older systems and the delays caused by report the ‘‘automatic’’ information as review. Section 4116, Review of Major budget difficulties, it is likely this will required in § 272.15(b)(2)–(4) and FNS Changes in Program Design, amends increase to three per year beginning in must determine what, if any, additional section 11 of the Act (7 U.S.C. 2020). It FY 2017, as States’ budgets improve. It data the State will be required to collect requires the Department to develop is also likely that we will see more and report as provided for in standards for identifying major changes States look into implementing call § 272.15(b)(5). FNS believes that most in the operations of State agencies that centers and developing online often, the automatic reporting administer SNAP. Section 272.15, of applications that will be used by a large requirements and its ongoing data this final rule requires State agencies to proportion of SNAP applicants and collection tools it employs will be notify the Department when planning to participants. Since it appears that 45 sufficient to provide the needed implement a major change in operations States will have online applications in information on a major change. and State agencies to collect any place and over 30 States will be using Additional data will occasionally need information required by the Department call centers in FY 2016, the number of to be generated from States’ automated to identify and correct any adverse additional States that might implement eligibility systems or gathered by effects on program integrity or access, these systems in a year is most likely no conducting additional case review including access by vulnerable more than four per year. Therefore we surveys. households. Since decisions to make estimate a total of ten States per year Estimated Total Annual Burden on major changes to program operations would report major changes under this Respondents: rest with each individual State agency, criterion. Section 272.15(a)(3), requires States the frequency and timing of the changes With regard to the second criterion, provide both descriptive and analytic can only be estimated. The final rule one State exploring such a change every information regarding the major change. requires State agencies to provide two years would be a reasonable FNS believes States will have completed descriptive information regarding the estimate. the majority of the analysis in the major change together with an analysis The third criterion, office closings, normal course of their own planning of its projected impacts on program may become more common with the and decision making. The descriptive operations. The final rule also includes expanded use of call centers and online information should also be readily ‘‘automatic’’ reporting requirements for applications. We estimate three States available and require minimal data any State reporting a major change and per year would report major changes gathering since it is the State’s decision sets out requirements for the State to under this criterion. to make the major change. We estimate collect and report additional The fourth criterion, staff reductions, it will take 8 hours to describe the information. The reports will consist of tends to fluctuate with States’ budgetary change and 32 hours to repackage and monthly information, to be provided on situations, caseloads and other changes complete the required analysis for a a quarterly basis. Reporting would States make to their program design. We total of 40 hours per response. Thus, continue for at least a year after the estimate there would be three with 22.5 States reporting one major change is completely implemented. It is significant staff reductions per year. change per year, the initial reporting not uncommon for a State to pilot a The fifth criterion, changes that may and analysis aspect of the rulemaking change prior to statewide make it more difficult for households to would be 22.5 annual responses × 40 implementation. FNS could require report, would occur in conjunction with hours per State = an estimated 900 information from the pilot and or as a result of changes in the States burden hours per year (22.5 States × 1 information regarding the statewide administration of SNAP. This is the response per respondent = 22.5 annual impacts of the change after full most difficult to predict, but as States responses × 40 hours per respondent to implementation. continue to take advantage of new respond = 900 annual burden hours). Respondents: The 53 State agencies technology and streamlined processes, FNS believes that for about seventy that administer SNAP. changes of this type may become more percent of the major changes States Estimated Number of Responses per common. An estimate of five such report, no additional reporting will be Respondent: The rule identifies six changes per year would appear to be necessary beyond the automatic categories of major changes; changes to reasonable. reporting requirements. Additional data the States automated system, changing Since, by definition, the ‘‘other’’ collection will only be required for the the responsibilities of merit system category cannot be estimated, one such remaining 30 percent of the reported personnel, office closings, reductions in major change per year is estimated as a major changes. Therefore, for about State SNAP merit system personnel, place holder. 15.75 of the major changes expected

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each year there would be no additional automated system reprogramming to 1080 hours per year (22.5 × 48). The reporting burden. generate the required automatic data reports themselves would be estimated All 22.5 of the major changes reporting. At 48 hours per to require 12 hours each. expected each year will require some reprogramming effort, this would be

Estimated Respondents annual Responses Hours per Total hours responses per year response per year

22.5 States quarterly ...... 4 90 12 1080

The total for the 22.5 States would be of major change and the proportion of respond = 5,400 annual burden hours). 900 + 1,080 hours = 1,980 total hours for the State’s SNAP caseload it may affect, When the 1,980 hours are added for the reporting (divided by the 22.5 states = 200 cases per quarter would likely be an automatic information, the total for 88 hours per State per year). upper limit on what FNS could ask of these 6.75 States is 7,380 hours (1,093 For the 6.75 States expected to require a State. At an estimated one hour to hours per State per year). additional data collection, this review and report on a case, this would With all 22.5 States reporting requirement would be in addition to the require 800 hours per year per State. quarterly, there would be 90 responses 1,980 hours from above. Such data will The 6.75 States times 800 hours yields annually. Twenty-seven of the 90 generally be collected through a sample 5,400 hours (6.75 State respondents × 1 of case reviews. While the required response per respondent = 6.75 annual reports would contain additional sample sizes may vary based on the type responses × 800 hours per respondent to information from sample data.

States Section Requirement responding Responses per Number of Hours per Total burden per year respondent responses response hours

272.15(a)(3) ...... Initial analysis of Major 22 .5 1 ...... 22.5 40...... 900 Change. 272.15(b)(2)–(4) ...... Reports required without 15 .75 4 ...... 63 22 ...... 1,386 additional data collec- tion. 272.15(b)(5) ...... Reports required with ad- 6 .75 4 ...... 27 273.25 ...... 7,377.75 ditional data collection.

Totals ...... 22 .5 5 (average) ...... 112.5 85.9 (average) .. 9,663.75

E-Government Act Compliance 2020(e)(10) and § 273.15; (2) for State Acronym, agencies—administrative procedures Phrase Abbreviation, FNS is committed to complying with issued pursuant to 7 U.S.C. 2023 set out or Symbol the E-Government Act of 2002, to at § 276.7 or Part 283; (3) for retailers promote the use of the Internet and U.S. Department of Agri- the Department and wholesalers—administrative other information technologies to culture. procedures issued pursuant to 7 U.S.C. provide increased opportunities for 2023 set out at 7 CFR part 279. citizen access to Government III. Background What acronyms or abbreviations are information and services, and for other Section 4116 of the FCEA amended used in this supplementary discussion purposes. section 11 of the Act to require the of the proposed provisions? In the Department to define ‘‘major changes’’ Executive Order 12988 discussion of the provisions in this rule, in SNAP operations, State agencies to the following acronyms or other This rule has been reviewed under notify the Department when they abbreviations are used to stand in for Executive Order 12988, Civil Justice implement a major change in SNAP Reform. This rule is intended to have certain words or phrases: operations, and to collect data for use in preemptive effect with respect to any identifying and correcting problems Acronym, State or local laws, regulations or Phrase Abbreviation, with SNAP integrity and access, policies that conflict with its provisions or Symbol particularly among vulnerable or that would otherwise impede its full populations. Many State agencies have implementation. This rule is not Code of Federal Regula- CFR changed or are in the process of intended to have retroactive effect tions. changing the way they operate SNAP. unless so specified in the ‘‘Effective Federal Register ...... FR Some of these changes have been small Date’’ paragraph of the final rule. Prior Federal Fiscal Year ...... FY and have predominately impacted to any judicial challenge to the Food and Nutrition Act of the Act internal State agency operations. provisions of this rule or to the 2008. However, some of the changes have also Food and Nutrition Service FNS application of its provisions, all Food, Conservation, and FCEA included major overhauls of State applicable administrative procedures Energy Act of 2008. agency operations that affect how the must be exhausted. In SNAP the Management Evaluation ... ME State interacts with applicants and administrative procedures are as Notice of Proposed Rule- NPRM participants. While the goal of such follows: (1) For Program benefit making. changes is to improve the efficiency and recipients—State administrative Supplemental Nutrition As- SNAP the effectiveness of the States’ procedures issued pursuant to 7 U.S.C. sistance Program. operations, some of these changes have

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adversely impacted the States’ payment of the Federal biennial review of the proposed rule’s failure to require all accuracy rates, and, critically, have State ME system. The proposed changes States to gather and submit basic data impeded access to SNAP benefits. In weaken Federal oversight of SNAP, and on application processing, case closures, recent years, States have faced rising we recommend that the current and the like—and its failure to establish caseloads and cut backs which in part requirements be maintained. common definitions and formats for the have led many States to make use of • The proposed language creates the collection and submission of that data to new technologies that could help impression that States may be able to facilitate inter-state comparison— streamline their SNAP operations. secure waivers or approval for the use prevents meaningful cross-sectional Section 4116 of the FCEA anticipates of non-merit system personnel. We urge comparison. this and provides the Department the FNS to re-affirm its conclusions that it • We request that the Department authority to better provide States with strongly disfavors the use of non-merit reconsider the scope of the proposed technical assistance and to monitor system personnel and not to change its regulation to more closely mirror the implementation of major changes in position. The experience of our office Federal law, and to minimize their operation of SNAP. The proposed and many other advocates is that all too duplicative and unnecessary reporting rule published May 3, 2011, at 76 FR often non-merit system personnel lack requirements when existing 24820, provided a 60-day comment the training, supervision, experience performance measures can be used. period. This final rule defines what and exposure to agency culture • While many of the regulatory changes to States’ operations will be necessary to ensure maximum program changes were proposed to address considered ‘‘major,’’ establishes the access. • legitimate issues, we are concerned that requirements for States to notify FNS of The Preamble states that ‘‘FNS has some of the proposed changes would such changes and establishes reporting determined that the use of non-merit negatively impact the ability for States requirements for major changes. States’ system personnel in these functions can to administer SNAP and the recipients ME requirements have also been have a detrimental impact on the that they serve. Many of the regulatory updated to allow States time to conduct efficient and effective operation of the changes also appear to exceed the program,’’ but then proceeds to explain more effective reviews. The changes language and intent of the FCEA, and that FNS must approve the use of non- will allow States to streamline appear to run counter to recent Federal merit system personnel. It is contrary to operations while maintaining the efforts to reduce, simplify and good sense and effective public policy integrity of SNAP. streamline regulations. for the Department to authorize this • The final regulation must be Public Comments model when the Department itself The Department received 120 acknowledges that all available changed to ensure that nationally comments on the NPRM from various evidence to date documents costly consistent and straightforward data entities including: 95 individuals (many failures. collection from any state that makes a of whom are union members); 4 unions; • Section 4116 of the FCEA gives FNS major change in their service delivery 10 advocate organizations; 10 States; the authority to identify ‘‘major model is publically available. and an organization representing States. changes’’ and to collect information on As these general concerns indicate, Following are the issues raised by those changes, but it does not allow FNS commenters were divided with several commenters, paraphrased excerpts from to prevent or impair States’ ability to believing that the proposed rule went the most illustrative comments, and implement administrative changes that too far, even beyond the FCEA recommendations they made for otherwise meet legal and regulatory provisions, in terms of its requirements changes to this final rule. (Note: The requirements. With this proposed and others suggesting that the final rule May 3, 2011 NPRM proposed to add the regulation, FNS appears to go beyond its should impose additional requirements Major Change provisions to a new mandate under the law. FNS should on States. The Department understands § 272.12. However, this section now take a proactive approach to assist and appreciates these differing deals with Computer Matching States to quickly implement successful viewpoints, and seeks to provide proper Requirements. The provisions of this reengineering changes and to use balance in this final rule by allowing for final rule are added in a new § 272.15. existing SNAP performance data to effective oversight of SNAP operations References in this preamble to measure outcomes rather than impose while recognizing States’ resource provisions of the proposed rule have additional burdensome reporting constraints. been converted from § 272.12 to requirements. States are charged with the § 272.15 to reduce confusion between • If implemented as written, we administration of SNAP and have broad the proposed and final rules.) General believe this regulation could prevent, discretion in deciding how they operate comments on the NPRM include: weaken or at the very least delay many the program. This rule does not restrict administrative improvements that States’ discretion at all; it simply General Comments would otherwise quickly bring a new requires States to inform FNS of • We commend FNS for including level of efficiency, integrity and significant changes and provide application processing timelines at customer service to SNAP. information on their impact. In FY 2014, recertification (proposed • By not imposing any on-going data SNAP issued over $69 billion in benefits § 272.15(b)(1)(iii)) as one of the collection obligations under this to a monthly average of 46.5 million measures it will examine in the event of provision, the proposed rule denies the individuals in need. The Federal share a major change. Department a baseline. If data collection of administrative costs for States to • SNAP is an entitlement program. begins only after a problem has arisen, operate SNAP totaled another $4.13 Therefore, the processes related to the Department will be ill-equipped to billion in FY 2014. Given the SNAP eligibility determinations are assess the severity of the problem and importance of SNAP in helping inherently governmental functions and may be misled into believing that the struggling families and the level of must be performed by public problem has abated when measures of Federal funding, the Department employees. The proposed rule also State performance rise even as the believes this provision of the Act is includes changes to the performance State’s performance remains far below critical to FNS’ meeting its oversight reporting system, including elimination what it had been. At the same time, the responsibilities.

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There have been several situations in • The lengthy timeframes by which potentially add 120 days of lead time to recent years where States made major FNS intends to manage change is initiatives. Although States do conduct changes to staffing, automated systems unreasonable. A 120-day advance alert much of the analysis in the normal or business processes that had of a change and a 90-day response time course of any policy change, the specific unintentional, adverse impacts on the for FNS chokes the State’s ability to nature and the depth of the analysis accessibility and integrity of the respond quickly and effectively to its requirements of the proposed program. FNS worked with these States customer’s needs and changes in the regulations is overly burdensome. We to correct the problems, but these efforts political, financial and technological recommend that FNS re-evaluate the were costly to the States in terms of environments. proposed 120-day timeframe and create time, additional administrative costs, • The regulation allows FNS 90 days an evaluation system that is more business process modifications, and, in to respond to reports of major changes. flexible. some cases, payments to the Department Added to 120 days, this is over 7 • The 120-day minimum notice for benefits issued in error. If FNS had months before a State could implement requirement is a timeframe that the been aware of these changes earlier and a change. This is unrealistic; FNS majority of States would be unable to had more detailed data, it is likely that response time should be no more than meet. Twenty-six States enact new State some of the difficulties could have been 30 days from the date the report was legislation within 90 days of passage minimized or even avoided. submitted. The regulation also doesn’t unless otherwise declared in the Implementation of this final rule is state what should happen if the FNS specific legislation. The proposed rule’s intended to provide FNS with the response is not received within 90 days. assumption that, ‘‘any properly planned information it needs to fulfill its The regulation should state that major change would be approved by responsibilities to act as a steward of implementation could proceed if that State leadership well in advance of taxpayer funds, protect access to SNAP occurs. implementation’’ is inconsistent with benefits for eligible individuals, and to • Because of the potential for the fast-paced, budget-driven provide States with technical assistance additional significant reporting environment that exists in today’s as necessary. requirements (which State systems may economy. The advance notice Many of the comments received from not have been programmed to provide), requirement also presumes that FNS has individuals, unions and advocacy and the apparent potential to authority to approve or deny a specific organizations focused on what appears disapprove of a ‘‘major change’’ or plan of operation beyond the limits of to be a misunderstanding of the intent require a change in one or more aspects the act. The provision requires that of the provision of the proposed rule of implementation, States must have States mitigate adverse impacts, but dealing with use of non-merit system sufficient time to include such does not give FNS approval authority personnel in the administration of requirements in their implementation over State agency operations. SNAP. While this provision is discussed and be aware of FNS objections well • The notification requirement is not in more detail later in this preamble, it before implementation. Otherwise, the sufficient. The final regulations should is important to note that the proposed proposed process can significantly delay require not only that States notify FNS rule included the use of non-merit or derail implementation. 120 days prior to implementation but system personnel as a major change to • Under standard accounting and also at least 120 days prior to entering ensure that the Department is aware of budget practices, this 120-day into legal obligations to implement any States’ plans in this area prior to requirement would effectively reduce proposed major changes. implementation. There was no intent to the State and counties’ ability to • Both the requirement that States identify the use of non-merit system implement major changes in the second submit an initial report and the 120-day personnel in the administration of half of the State’s fiscal year, and would timeframe should be maintained in the SNAP as a State option that the cause delays beyond the initial 120 final rule. Department would support. On the days. For example, an online • Allow States to submit an annual contrary, the Department opposes and application may support new report on major changes that were not has actively sought to limit use of such applications initially, and then later add previously identified thru an Advance staff in the administration of SNAP due additional client reporting functions, Planning Document (APD) (e.g., to the negative impacts this has had on which are modified due to lessons reductions in staffing levels or office SNAP households and State agencies. learned. closures). FNS will still be able to The Department also agrees with the • It appears that these proposed negotiate with States on the additional comment that States’ reports on the regulations greatly exceed what was reporting requirements after they have implementation of major changes originally specified in the bill. The received the annual report. should be made available to the public. regulations speak of notifying FNS 120 • FNS response time should be no days before a major change, while the more than 30 days from the date the Discussion of Comments Grouped by FCEA merely states that if a State report was submitted. The longer the Provision and Issue implements a major change they must time to implement, the less chance the Provision/Issues—§ 272.15(a)(1): State notify FNS and provide information as change will be implemented. agencies shall notify FNS when they required. Having to submit information Final Rule—To clarify, the provisions make major changes in their operation prior to implementation as opposed to of this rule do not give FNS authority of SNAP. State agencies shall notify at the point of implementation would be to approve or deny a reported major FNS when the plans for the change are a major workload and barrier. There is change. However, it is important to note approved by State leadership, but no a big distinction between notification that existing provisions of the SNAP less than 120 days prior to beginning and approval, and these regulations regulations require FNS approval or implementation of the change. tread dangerously into having the waivers for a variety of operational and Public Comments and Federal government require States to policy changes that may constitute or be Recommendations—Ten commenters seek approval prior to making major related to a major change. addressed this provision of the changes. Significant changes to States’ proposed rule and their comments • The level of detail that must be automated systems require submission included the following: included in the initial report will of an APD for development and

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procurement. For any major change that major change with an initial report and should provide a limit on the travel time does not require waiver authority or the subsequent negotiated data reports. by public transportation of one-hour approval outside of this rule, States FNS should retain discretion to require one-way. need not wait for FNS approval of their additional reports if the need arises. • The final rule should make clear major change notification or a response Final rule—The Department has that households are at risk of hardship to their major change notification. included in the final rule the ability for if the nearest office is either at least In response to comments that States the Department to define additional twenty-five miles away or not accessible sometimes are not aware of a major criterion under which States must via public transit. Of course, offices in change 120 days in advance of report major changes at some rural areas inevitably will not be implementation, the Department has § 272.15(a)(2)(vi), to cover as yet on public transit lines because none modified the language in the final rule unknown developments in State SNAP exist. This rule does not prohibit such to account for these situations. operations. The addition of this ‘‘other’’ situations; it merely calls for monitoring However, by definition, major changes criteria is based upon advocates’ of their impacts. The final rule should are significant and the Department concerns that as time passes States make clear that the closure of any office generally believes that to be well could make innovative changes that are that takes applications requires scrutiny; planned and thought through, such not enumerated in the regulations, and of course, if another nearby office changes require at least 120 days lead thus would not be required to be remains available nearby, the closure time. Therefore, the final rule maintains reported. The Department has not would not be a major systems change. the 120-day reporting timeframe, but adopted the suggestion that major • The proposed triggers are allows for rare instances when States changes be categorized by ‘‘size.’’ After unrealistic in many States, including a cannot report with this amount of lead careful consideration, the Department closure that would require clients to time. In such instances, States will be believes that this approach would travel more than 25 miles; there are required to explain the lack of lead time. unnecessarily complicate the final rule many areas where households already Provision/Issues—§ 272.15(a)(2): by requiring the development of do not live within 25 miles of a local Major changes shall include the additional definitions and explanation office. following criteria (comments on with minor impacts on its • We recommend that this section be individual criteria discussed below): implementation. rewritten to require States to report Public Comments and The Department has not adopted the when an office is closed that serves five Recommendations—While almost all recommendation that an option be percent of their caseload. commenters offered their thoughts and provided that would allow States to • The opportunity for face-to-face recommendations on some aspect of the begin reporting certain new measures on contact for all clients in a conveniently major change criteria in this section (as an ongoing, statewide basis as an located physical setting might be discussed below), a few comments were alternative to reporting on each separate desirable, but it is not realistic in more general. General comments on this major change. Such an option would today’s highly constrained fiscal section include the following: seem to offer States little incentive since environment. Services for clients will • The final rules should include a they would incur the additional cost of not necessarily suffer if staff is reduced residual category for any other major ongoing data reporting that may not be or offices are closed. Interactions changes in State administration that the needed. In addition, if a few States were through electronic and automated Department or a State agency identifies to adopt this option, it is not clear what means allow clients to choose a contact as having the potential to adversely FNS would do on an ongoing basis with time that is best for them and allows affect program integrity or access. Even data reported by a limited number of them to do so from their home or other the best program administrators would States. On the other hand, States can location with computer access (as is the not likely have anticipated all of the always submit additional information to case with numerous community challenges the program faces today had FNS even without a formal option to do organizations). Accompanied by the they attempted to compile a list like this so. Additional information might also be appropriate alternative methods and one a decade or two ago. required, depending on the nature of the technology, not only can office closures • FNS should categorize major major change. be done without negative effects, but changes as being significant, medium or Provision/Issues—§ 272.15(a)(2)(i): they can be done while improving small, and require different reporting Closure of one or more local offices that program access and integrity. The based on the scope of the change that perform major functions for 500 or more proposed standards of 25 miles and 500 the State is planning to make. FNS SNAP households, and there is not households are ridiculously low, and do would retain discretion to require more another office available to serve the not even remotely reflect the realities of reports in unusual circumstances, but affected households within 25 miles or the way business currently is being this change would make the reporting that can be reached via public done by the States. requirements more predictable for States transportation. • This definition may inadvertently and for FNS. For significant changes, we Public Comments and include certain part-time or temporary recommend that FNS require States to Recommendations—Twelve eligibility worker locations, such as report statewide information that will commenters addressed this provision of mobile vans or out-stationed workers allow FNS and the State to assess the proposed rule and their comments and a change in schedule or termination whether the State’s process is included the following: of these placements should not be adequately providing access to eligible • We agree that office closings are included as a major change. These types households, with enough detail on sub- major changes. However, even if there is of temporary office locations are state areas and sub-populations within another office within 25 miles or that developed as a result of caseload or the State that problems can be identified can be reached by public transportation, administrative funding decisions that and corrected. the change is unquestionably major if may vary from year to year, and should • FNS should offer States the option the nearest office takes more than an not be considered a major change. to report certain new measures on an hour to get to or costs more than $10 • The harsh financial realities that ongoing, statewide basis as an round trip to reach by public States are facing may leave no choice alternative to reporting each separate transportation. The final regulation other than to consolidate their offices.

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However, given the opportunities that because it would be more than 5 percent • The final rule should make all new clients will have for telephonic contact of the State’s caseload. or expanded online application systems with State agencies, we do not believe The reference to public transportation and call center arrangements subject to that such consolidations will result in has been eliminated to simplify the review as major systems changes. negative effects, but will likely improve criteria and because the cost of public • Document imaging systems should access and integrity. In our opinion, transportation beyond 35 miles is be included as a major change. In our office consolidation should not be generally prohibitive for SNAP experience, the introduction of a considered a major change. households. The Department has also document imaging system is in fact a • Rural States have many areas with specified that an ‘‘office performing major change in office operations which more than 25 miles between towns. The major function’’ is an office where has the potential to greatly enhance or miles should be increased to 100 or households can file an application for undermine program administration and more. Also the number of households SNAP in person and receive assistance client access to benefits. • served should be increased from 500 to from merit system personnel. Closing a The proposed rule identifies the 1000. ‘‘temporary’’ office or changing the ‘‘replacement’’ of the State’s • In general, the office closure location of a mobile unit would not be certification system as an example of a standard should be retained in the final considered a major change. systems change. Recommend that the rule. The regulation’s standard of office Provision/Issues—§ 272.15(a)(2)(ii): final rule be changed to include closures that affect 500 households or Substantial increased reliance on significant changes to automated more is reasonable and allows States to automated systems for the performance systems that fall short of ‘‘replacement,’’ consolidate very small offices where of responsibilities previously performed such as adding major new functions or they can achieve administrative by State merit personnel (as described a web-based tool that feeds into an older efficiencies, while still protecting in section 11(e)(6)(B) of the Act) or system. • The proposed regulation makes households’ ability to appear in person changes in the way that applicants and clear that the reporting requirements for to apply and get assistance. The final participants interact with the State’s regulation should be revised to clarify major changes under the proposed rule SNAP agency. Establishment of an that an office closure would count do not remove the separate APD online application process through the toward the State meeting the criterion approval requirements under § 277.18. Internet or the use of call centers to only if there is another office within 25 This is an important clarification and accept applications would not be a miles or that can be reached easily via should be retained in the final rule. major change unless one of these public transportation. • Recommend the final regulation • The final regulation should provide methods is expected to account for five provide that online and telephone that, to qualify as an office that percent or more of the State’s SNAP applications will be considered a major ‘‘performs major functions’’, the office application. Reporting a major change as change unless a State can demonstrate must be a place where households can required in this section does not relieve to FNS’ satisfaction that such file an application and receive States of meeting the requirements for applications will not account for more assistance in filling out the application new system approvals in § 277.18. than five percent of applications once from a State employee. Public Comments and the new application is fully Final Rule—It is important to clarify Recommendations—Twelve implemented. that the Department does not assume commenters addressed this provision of Final Rule—The Department has that local office closures are always the proposed rule and their comments made several changes to clarify this negative, but they do reduce program included the following: provision based upon the above access for some households. As some • State systems are regulated under comments and recommendations. The commenters point out, the actions States § 277.18. This section requires States to Department has clarified that a State take to offset such closure may benefit obtain prior approval from FNS for must report the replacement of an many other households. While keeping automated data processing equipment automated system, adding functionality office closures as a major change used in the administration of SNAP. to an existing automated system and criterion is necessary to provide FNS Requiring States to complete another changes that impact the way applicants with information regarding the impact detailed document to notify FNS of and participants interact with SNAP of the closures and what a State is doing change is duplicative, inefficient and unless the State documents that less to offset the impact of the closure, the unnecessary. The information in the than five percent of the caseload will be Department modified this criterion in APD could be expanded to include the affected by the change. Examples of the final rule in response to analysis that would have been required changes that increased reliance on commenter’s concerns. The Department with the 120-day advance notice. automation that would likely affect five has increased the number of SNAP • Business rules of eligibility percent or more of a State’s caseload households affected by a local office determination and benefit calculation include, linking a portal (a computer closure from 500 to 750 households and are already built into the systems that Web site that allows greater access and changed the distance to another office workers use. The business rules, design functionality) to the State’s SNAP available to serve the affected and function of these systems are tested eligibility system, introducing online households from 25 to 35 miles. To and approved by merit system applications, call centers, and finger balance these changes, the Department employees. imaging. The Department recognizes has also modified the final rule by • Discussion under this criterion that technologies are evolving and the setting the threshold that an office again reveals an assumption that major changes that will be reported closing that represent the lower of 750 changes such as call centers will almost under this criterion may evolve as States households or at least 5 percent of a by definition jeopardize customer find new practices that will improve State’s caseload will be considered a service and access. This contradicts the efficiency and customer service. major change. Thus, for example, if a experience of many State systems that Provision/Issues—§ 272.15(a)(2)(iii): State had a caseload of 14,000 and an have dramatically improved client Changes in operations that potentially office with 701 households is being service and access by the use of call increase the difficulty of households closed, this would require a report centers. reporting required information. This

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includes implementation of a call center locations, through Web sites and in commenters felt that any use of non- for change reporting, a major person at community partners and merit system personnel should be modification to any forms that service locations. prohibited in the rule. There was also a households use to report changes, or the Final Rule—Based upon comments, recommendation that any significant discontinuation of an existing avenue the Department has revised the final increase in reliance on other agencies, for reporting changes, (e.g., households rule to: (1) Add as a major change the including ‘‘community partners’’ and can no longer call the local office to adoption of internet portals to report other non-profit or local government report a change). Modifying selected changes in household circumstances; (2) entities, should be considered a major change reporting policy options or the clarify the example from the proposed systems change. The primary implementation of policy waivers rule to focus attention on a change that recommendation from commenters is to would not be major changes. would limit participants’ reporting remove this criterion from the definition Public Comments and avenues; and (3) clarify that States of a major change. Some commenters Recommendations—Nine commenters selecting reporting options allowed suggested that information on use of addressed this provision of the under the rules or obtaining a waiver non-merit system personnel could be proposed rule and their comments from FNS are separate actions, but that obtained by amending § 272.15(a)(2)(v) included the following: neither would be considered a major on decreases in staffing levels to • To ensure that changes in reporting change. accomplish the same goal. If that practices and technologies do not harm Provision/Issues—§ 272.15(a)(2)(iv): criterion were amended to say that cuts households, it is important that this Use of non-merit pay staff to perform in merit systems staff triggered the criterion be retained in the final functions previously performed by merit report, then any State that tried to regulation. There are two places where personnel. While the interview and the replace merit systems personnel with the proposed regulation needs to be eligibility decision functions must be private employees would meet the changed in light of the other proposed performed by merit personnel (unless trigger criterion. APHSA and the States rule that was published in the Federal FNS approves a waiver request under that commented on this provision Register on the same day regarding Section 17 of the Act), other functions generally objected to the Department’s change reporting rules. First, this including obtaining verification of position that use of non-merit system proposed regulation at § 272.15(a)(2)(iii) household circumstances, accepting personnel will result in poor program uses the example that States might reports of changes in household administration. They felt that the ‘‘[discontinue] an existing avenue for circumstances, accepting applications Department’s position reduces States’ reporting changes, e.g., households and screening households for expedited ability to be innovative in improving [could] no longer call the local office to service may be performed by non-merit program operations and respond to report a change.’’ This example should personnel (although FNS must approve reduced budgets and increased be removed or refined. In addition, FNS a State’s use of non-merit pay staff caseloads. They felt it is inappropriate should remove the clause that suggests before matching funds will be provided to prejudge based upon the experience that policy waivers could be needed to for the performance of these functions). in a couple of States. Specific comments implement a change reporting policy Functions such as data entry and included the following: option. document imaging do not involve • The final rule should explicitly • The final rule should treat as a interaction with households, and identify all functions that may require major systems change any change in the consequently, the use of non-merit pay discretion or professional judgment as systems that households must use for staff in activities of this type would not ‘‘eligibility decision functions’’ that may reporting changes except a simple constitute a major change. not be privatized. switch between the reporting options Public Comments and • Further clarification is requested on allowed under section 6(c) of the Act. Recommendations—This proposed the issue of the specific functions that • Discussion under this criterion provision received attention from 105 non-merit system personnel may appears to assume that changes such as commenters (10 advocacy/legal aid perform. Any significant increase in call centers will almost by definition groups, the American Public Human reliance on other agencies, including jeopardize customer service and access. Services Association (APHSA), 5 States, ‘‘community partners’’ and other non- This contradicts the experience of many 4 unions, and 85 individuals, many, profit or local government entities, State systems that have dramatically who appeared to be case workers/union should be considered a major systems improved client service and access by members that submitted form letters). change. the use of call centers. Except for APHSA and the States, the • While the statute names this • This section should be rewritten so commenters overwhelmingly opposed criterion as one that FNS can examine, that States are required to report only inclusion of this criterion as a major it does not allow the agency to prejudge when reducing reporting options or change. The reason most often cited is the impact of using non-merit system requiring one specific process. Likewise, that including use of non-merit system personnel. changing a form does not rise to the personnel in the definition of a major • The final regulation must be level of change intended by the Act. change gave the appearance that the changed to ensure privatization is not • Considering a modification to, or Department accepted such a change as codified and legitimized in Federal even a complete redesign of, a form for an allowable State choice. Many regulations as an allowable option. reporting to be a ‘‘major’’ change commenters acknowledged that the • The preamble to the proposed rule represents an unwarranted and preamble to the proposed rule expressed acknowledges that privatization of work unnecessary level of intrusion into the the Department’s opposition to using currently performed by public States’ administration of the program. non-merit system personnel, outlined employees constitutes a major change • This seems to presuppose that the limitations in the Act on the and that States would be required to portals built by States for change functions such staff may perform, and report this change to FNS. The reporting will automatically derive a explained that, without approval, FNS Department acknowledges that non- negative impact. Today, customers can may not match funding for non-merit merit system personnel interacting contact the agency in a wide variety of system personnel working in SNAP directly with households has the ways, e.g., via the telephone at multiple operations. However, several potential of increasing the burden on

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households applying for and require States to report to FNS if they Add a staff cut of more than ten percent participating in SNAP. It is contrary to planned to begin using such staff in the over three years as another measure of good sense and effective public policy administration of the program. The a decrease in staffing levels that would for the Department to authorize this preamble to the proposed rule stated need to be reported; clarify that a model when the Department itself that, ‘‘In addition, FNS has determined decrease in merit system personnel acknowledges that all available that use of non-merit system personnel would need to be reported; provide that evidence to date documents costly in these functions can have a cuts in State staff would not count failures. detrimental impact on the efficient and ‘‘losses of staff that occur through • We are very much opposed to the effective operation of the program and, resignation, retirement or release when apparent legitimization of the use of as a consequence, must approve States’ the State is seeking to replace the staff’’; non-merit system personnel to perform use of such staff before sharing in the and strengthen the final rule to clarify critical SNAP functions. In our costs of non-merit staff in the that the State must be seeking to replace experience, private entities do a poor performance of the above functions.’’ the staff within the year to not warrant job of executing traditional State The Department continues to believe a report. functions. Even well-meaning nonprofit that the use of non-merit system • We suggest that FNS identify an organizations are unable to maintain personnel can be detrimental to program additional baseline for staffing that timeliness, statewide uniformity and performance and service to participants would also trigger the application of this accuracy when they take over activities and in April 2013, reiterated its regulation. For example, a measure of that have traditionally been done by concerns and policy regarding cases per certification worker might be merit system personnel. For-profit outsourcing in a letter to all States’ appropriate, so that States that have entities have even greater incentive to Governors. In response to the significant relatively few workers for the size of cut corners, regardless of the number of comments, the Department their caseload would be subject to this consequences for households. We urge has modified this provision in the final regulation in the event of staffing FNS to strike proposed rule. The final rule requires States to reductions, even if the five percent § 272.15(a)(2)(iv). report on any reduction or change of the threshold were not met. • Many States have instituted functions or responsibilities currently • Support the recognition that fundamental delivery system changes assigned to SNAP merit system adequate staffing is critical if States are hastily, such as closing offices and personnel staff. This will include, but to provide adequate service. However, opening call centers. Privatized call not be limited to, relieving or the proposed regulations should be center operations in two States proved supplementing merit system personnel’s modified to recognize that ‘‘staffing to be disastrous for SNAP beneficiaries duties performed in the SNAP levels’’ are not a measure of the absolute and applicants. certification process, handling reported • There is no reason to codify a number of full-time equivalents, but changes, responding to inquiries, rather a measure of the ratio of staff to practice that the Administration handling complaints, collecting claims, opposes and would not allow in the the number of cases. If the ratio of staff investigating program violations or to SNAP cases decreases either because future. conducting SNAP related reviews. With • of staff reductions or because of an The proposed language creates the this change in the final rule, a State will impression that States may be able to increase in the caseload, the staffing be required to notify FNS if it intends level has declined even if the number of secure waivers or approval for the use to change the role of its merit system staff is constant. of non-merit system personnel. If FNS’s personnel in any way that could impact • The final rule should make clear position remains that it is not likely to SNAP operations, including the that it refers to full-time equivalent grant a waiver to use non-merit system increased reliance on automated (FTE) staff working on SNAP. The final personnel for interviews and systems. certification, and that it has determined Provision/Issues—§ 272.15(a)(2)(v): rule should require States to report, on that Federal financial participation Any decrease in staffing levels from one a county or regional basis, the FTE staff (FFP) is not appropriate for use of non- administering the program each month. year to the next of more than five • merit system personnel in other client percent in the number of State or local This proposal ignores scenarios in contacts, we recommend that the final staff involved in the certification of which staff reductions could be regulation specify this policy so as not SNAP households. This would include accompanied by well-known efficiency to encourage States to go down this decreases resulting from State budget measures such as adoption of broader path. cuts or hiring freezes, but not include categorical eligibility rules, the six- • We strongly oppose the provisions loss of staff through resignation, month reporting option, or the in the proposed regulation that would retirement or release when the State is implementation of an efficient new allow the privatization of the SNAP seeking to replace the staff. method of using electronic tools for certification process and the waiver of Public Comments and verification of income. The proposed the merit system requirements. The Recommendations—Fourteen rule could also have an unusually Department previously advised States commenters addressed this provision of severe impact on locally administered that it did not support privatization of the proposed rule and their comments offices; if the five percent trigger is portions of the SNAP certification included the following: applied to them as well, some are so process. The preamble to the proposed • Delete the language requiring States small that they might have to report the regulation notes these same concerns. to notify FNS of office closures or elimination of a single employee or even Final Rule—Many comments on this reductions in staffing levels as it goes reductions in one employee’s hours. provision of the proposed rule reflected beyond the authority of the statute. • A prescribed reduction reporting a lack of clarity regarding the • We strongly support including large threshold of five percent would be Department’s intent. It is important to decreases in staffing levels as one of the difficult for States to track. This is true clarify that it was never the types of State changes that would trigger especially if States must include loss of Department’s intent to condone the use a State to report to FNS. This criterion staff to budget cuts and temporary of non-merit system personnel in SNAP. should be retained in the final hiring freezes. This requirement should On the contrary, the intent was to regulation. Also recommend that FNS: be removed from the proposed rule.

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• As written, it is unclear how the within a 6-month timeframe. Evidence undertaken prior to implementing the proposed rule would be applied to those of the intent to replace staff includes change. States that are State-supervised but advertising to fill positions and having • Several of the factors listed in locally-administered. We urge FNS to sufficient funding in the personnel proposed § 272.15(a)(3)(ii) are not so consider only requiring the States to budget for the new hires. much measures as they are aspects of report aggregate, statewide reductions in It is important to note that this program performance. It should also State and local staffing, not reductions criterion defines when States are to include: The State’s participation rate; at each local office. report to FNS. The notification and share of households leaving the program • Reductions in staffing levels or the accompanying analysis will allow FNS at the conclusion of their certification imposition of hiring freezes are budget to determine whether there is a need for periods; and the percentage of actions that may not be known to or additional information. applications (divided by expedited determined by the State or local Provision/Issues—§ 272.15(a)(3): initial applications, non-expedited agencies until after a budget action has When a State initially reports a major initial applications, and applications for occurred, and it may be impossible to change to FNS, as required in recertification) that are approved, are notify FNS 120 days in advance. This § 272.15(a)(1), an analysis of the denied for substantive ineligibility (or definition of a five percent decrease in expected impact of the major change eligibility for zero benefits), and are staff is not explicitly identified in the shall accompany the report. The initial denied for procedural reasons. FCEA, and imposition of this report to FNS that the State is making • We support proposed § 272.15(a)(3), requirement goes beyond the intent of one of the major changes identified in which details the type of information the legislation. § 272.15(a)(2) shall include a • that States must provide to FNS in This will be difficult to administer. description of the change and an connection with a planned major Staff reductions are controlled by the analysis of its anticipated impacts on change. However, we suggest the Governor and the Legislature, not State program performance. regulation require States to analyze the agencies. Also, five percent is Public Comments and impact of the change on timely unreasonable. The five percent should Recommendations—Seven commenters processing of recertifications. The final be increased to at least ten percent at a addressed this provision of the rule should also require States to have minimum. This rule should be changed proposed rule and their comments a meaningful process for consulting to state that if staff reductions of greater included the following: with stakeholders (including program than ten percent are mandated, FNS • FNS is correct to require States in beneficiaries, advocates, community should be notified of the change and the initial report to describe the features organizations and anti-hunger groups). how the State is handling the change. and timing of the planned major change, • The regulations should require • The final rule should require States what it is intended to accomplish, how States intending to implement major to report, on a county/regional basis, the it will be tested, piloted, and monitored changes to submit to FNS copies of FTE staff administering the program by and the expected effects on eligibility procedures and other documents month. workers and recipients. All of these demonstrating that the State has taken elements should be maintained in the Final Rule steps to minimize the potential negative final rule. The final rule retains the basic • The word disproportionately impact of the proposed change on requirement that a decrease of more individuals with disabilities. should be deleted from proposed • than five percent in the number of State § 272.15(a)(3)(ii)(E). Also, the two FNS has quite sensibly or local merit system personnel ‘‘ands’’ in the paragraph should be acknowledged that the data collection involved in the certification process of changed to ‘‘ors’’. Not all of these types requirements mandated by section 4116 SNAP households from one year to the of households need to be affected or of FCEA, as far as possible, should use next will be considered a major change. features of the certification process need data and reports already provided or In addition, the Department agreed with available to meet these requirements. to be more difficult. If one is true, then • commenters that cumulative decreases the clause should apply. Much of the data in question will be beyond a single year can have a • FNS should add one additional a normal part of any APD request in any significant impact. Consequently, the item to the list of items in the initial event. The potential requirement for final provision has been modified to report: A discussion of the budgetary county-level impact data will be also make a decrease of more than eight effects of the change. This item should particularly difficult to implement, and percent in the number of State or local include the estimated cost of any that caseload sizes in many counties are merit system personnel involved in the systems change, as well as the expected low enough that the validity of data will certification process of SNAP overall budgetary impact of the change be highly questionable. • households over a two year period a for State and Federal SNAP costs, The data collection mandates in major change. including benefit costs and this regulation would largely duplicate Also in response to commenters’ administrative costs. existing information that FNS has, and suggestions, the language of this • The five general analysis create increasingly burdensome data provision has been clarified and requirements are well-rounded, pulled collection and report preparation. strengthened. A reference to decreases from existing data, and should be • FNS does an excellent job summing across the State was added since this sufficient to meet the intentions of the up what the Act requires in the opening criterion is intended to apply to the total Act. paragraph. The remaining information is number of merit personnel in States • The final rule should require States overly detailed, rigid and so rather than in each individual local to explain any stages in implementation, burdensome to States that it will stall office or county within a State. Major either as the change is fully innovations, and prevent access and changes include decreases resulting implemented in one area or as it rolls program integrity improvements in the from State budget cuts or hiring freezes, out across multiple areas (whether or SNAP program. but do not include loss of staff through not it eventually becomes statewide). • States do not have the time or resignation, retirement or release when • The final rule should require the resources to address every issue the State is seeking to replace the staff State to disclose what testing it has required to be reported.

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Final Rule § 272.15(b)(3): Depending on the type change that the State is planning to The final rule retains the basic of major change, its implementation make. FNS would retain discretion to requirement that States’ reports of major schedule and negotiations with FNS, require more reports in unusual changes include a description of the States shall submit reports on their circumstances, but this change would change to be implemented and an major changes either monthly or make the reporting requirements more quarterly. predictable for States and for FNS. analysis of its expected impacts on • SNAP. In addition, the Department § 272.15(b)(4): States shall submit FNS should offer States the option agreed with commenters that additional reports for one year after the major to report certain new measures on an data items are necessary. Consequently, change is fully in place. FNS may ongoing, statewide basis as an the final provision has been modified to extend this timeframe as it deems alternative to reporting each separate add the following: necessary. major change with an initial report and • § 272.15(b)(5): If FNS becomes aware the subsequent negotiated data reports. The projected administrative cost of • the major change in the year it is that a State appeared to be The final rule should sort major implemented and the subsequent year; implementing a major change that had systems changes into categories based • A description of any consultation not been formally reported, FNS would on their likely risk. More data should be work with the State to determine if it is required for riskier changes. with stakeholders/advocacy groups or • public comment obtained regarding the a major change, and if so proceed as We recommend that the exact planned changes; and required by this section. measures be made more explicit in the • Procedures the State will put in These provisions are closely related final regulation and that FNS’ discretion place to minimize the burdens on and commenters’ thoughts and to introduce new measures and enter people with disabilities and other recommendations are best examined into negotiations with States be populations relative to the change. together. narrowed. These measures include sub- Also, in response to commenters’ Public Comments and state information or case reviews to suggestions, the language of Recommendations—Fifteen commenters gather more detailed information on § 272.15(a)(3)(ii)(E) as amended by the addressed these provisions of the measures FNS already has at the State final rule has been clarified to replace proposed rule and their comments level, such as payment accuracy, the use of the word ‘‘and’’ in two places included the following: negative error rates and timeliness. • • with the word ‘‘or’’. While seemingly Collecting detailed data with case States should have an ongoing data minor, this change is important in reviews is particularly burdensome for collection system for monitoring their examining the potential effect of major State and local staff during transition monthly performance in processing of changes in SNAP on vulnerable periods, and could negatively impact applications and recertifications. FNS populations. customer service. should require all States to have such a • Some suggestions made for additional Support the proposed regulation’s data collection system, regardless of data to be reported were not adopted detailed discussion of the types of whether the State is embarking on a because the Department could not information that FNS will require from major system change. determine how the data would be used the State as to the impact of the change. • To the extent that the final rule in making its determination or what, if We commend FNS for its careful continues to rely upon case-by-case any, data would be needed from the identification of the types of negotiated data requests rather than a State beyond the automatic reporting information needed to assess the effects stronger baseline of data provided on an requirements discussed below. of major changes, especially as they on-going basis by all States, it also Provision/Issues—§ 272.15(b)(1)–(5): pertain to the effects on beneficiaries. should specify in greater detail the data § 272.15(b)(1) FNS will evaluate the • The proposed regulation at that the Department is likely to desire initial report provided by a State to § 272.15(b)(2)(iii)(B) through and indicate that the Department will determine if it agrees that the change is, (b)(2)(iii)(D) on call centers requires attempt to avoid seeking more data than in fact, major and, if so, will propose information on ‘‘hold time,’’ ‘‘wait those elements except for the riskier what information it will require from time’’ and ‘‘abandoned calls’’. The final categories of changes. the State. While FNS reserves the right rule should be amended to also include • FNS should use the extensive data to require the information it needs to instances when a caller cannot get already collected in SNAP except in the determine the impact of a major change through (e.g., busy signals or dropped most unusual situations. on integrity and access in SNAP, FNS calls). • The level of detailed data reporting will work with States to determine what • Particularly troubling is the that is being proposed may not be information is practicable, and require emphasis of the proposed rules on appropriate for all major changes, unless only the data that is necessary and not potentially requiring county level the scope of major changes is otherwise available from ongoing impact data for changes deemed to be significantly narrowed. While the reporting mechanisms. Depending upon ‘‘major’’. Again, such a requirement proposed Federal regulations specify the nature of the major change, FNS will does not reflect the reality of the way that FNS will negotiate with the States require more specific or timely many States operate. Even in those on the reporting requirements and that information concerning the impact of States that have county project areas, FNS will utilize available data (e.g., the major change (Please see the NPRM caseload size and case activity volumes quality control data), the amount of for full text of the proposed provision). in a given county often can make the information that is required would be § 272.15(b)(2): Additional data that gathering of the representative samples administratively onerous and costly States could be required to provide, necessary to evaluate the effect of a given the potentially high degree of depending upon the type of major change on that county difficult, and the frequency that such changes could change being implemented. (The rule confidence level of short term occur, conflicts with the Paperwork goes on to give specific examples of the evaluations questionable. Reduction Act, and neither the counties types of data that may be required • FNS should categorize major nor the States have the additional staff relative to different types of major changes as being small, medium or resources. changes. Please see the NPRM for full significant and require different • A State implementing a major text of the proposed provision). reporting based on the scope of the change should submit data regarding

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individuals with disabilities including examining the impact of any major certification activities that are carried the numbers of individuals who change in a State’s operation. While the out using other telephonic methods has requested and received accommodations final rule retains FNS’ ability to require not been adopted since States have been in the application, interview, or additional information on a case-by-case using telephones in their operation of recertification process for disabilities, basis (§ 272.15(b)(5)), the final rule SNAP for decades. However, using and the types of accommodations establishes minimum data reporting telephonic technology to accept requested and provided (some State requirements for all major changes, applications or relying upon an benefit agencies already have policies which will also enable States to build interactive voice response system to requiring the agency to track this these requirements into their plans and provide case status information to information). systems when making major changes. participants would be a major change • The final rule should provide for This change has required some under § 275.15(a)(2)(ii) as amended by careful evaluation of the sufficiency of reorganization of the provisions as they this final rule. the State agency’s fallback plan, appeared in the proposed rule. Some comments reflected including the availability of the § 272.15(b)(1), (2) and (3) identify the misunderstandings of the proposed rule. resources necessary to carry it out. The data elements that shall be reported for As noted earlier, this final rule does not final rule should provide that returning all major changes, as well as those that provide FNS with approval authority to the prior method of administration must be broken out specifically for over States’ plans to make a major should presumptively be one of the households with elderly and disabled change. Nor does the Act give the elements of the State agency’s fallback members and those that are to be Department the authority to require plan unless the State agency presents reported at the sub-State level (e.g., additional ongoing reporting on State compelling reasons why it should not counties or local offices). Reporting this performance and operations beyond the be. information for the most vulnerable context of major changes. • The break-out of negative errors is SNAP households is consistent with the Some comments suggested that important, but needs to be augmented. Act and the need to identify and address requiring additional reporting indicates It also should include break-outs of adverse impacts on program access for an assumption that major changes are denials between substantive and households that may struggle with detrimental to SNAP participants. On procedural. Moreover, it should be change more than others. The the contrary, FNS has long supported broken-out to identify problems Department agrees with the comments States’ efforts to modernize and agrees affecting specific types of households, regarding local level reporting that sub- that many State innovations have such as elderly persons who may have state information is generally necessary improved operations. Nevertheless, less comfort with technology or limited for States and FNS to understand, there have been times when well- English proficient households who may monitor, and address adverse impacts of intentioned changes have had adverse have difficulties with online systems a major change. The impacts can be impacts on program access or integrity not in their language. uneven across urban and rural areas, for and FNS, not fully informed of States’ • The proposed regulations reflect a example, and can vary based upon the plans, was unable to work with the State common sense approach to analyzing how and when a major change is rolled and help mitigate these impacts. the effects of a major change. States with out in different jurisdictions. This is Furthermore, certain changes have a effective administration should already particularly true in county greater inherent potential to adversely be collecting and analyzing the types of administered/state supervised affect SNAP operations if they are not data specified in § 272.15(b)(3) situations. Since States generally collect compensated for appropriately, e.g., regardless of Federal regulations. sub-state information for their own office closings or staff reductions. • Nowhere in the Act is FNS given management purposes, the Department With regard to the suggestion that the the authority to approve or deny a expects the required inclusion of this final rule categorize major changes as change a State intends to make, and yet information in reports to FNS should being small, medium or significant, and throughout the proposed rule this require minimal additional effort for require different reporting based on the authority is not only implied, but is most States. Therefore, § 272.15(b)(3) as scope, the Department has not adopted assumed. amended by this final rule requires the this suggestion because it would • One commenter recommended that majority of the key ‘‘automatic’’ complicate the rule and limit FNS’ States be required to submit the data for reporting requirements be disaggregated discretion without significantly each month on a quarterly basis for two to provide sub-state information. streamlining the process for States or years after the change is implemented Because States utilize different units of FNS. This rule is intended to provide (unless States have adopted the analysis for management and other FNS with the ability to examine major recommended ongoing reporting purposes, the regulation allows sub- changes individually and require option). state data to be provided by individual additional information beyond the districts, counties, project areas, or local automatic reporting requirements. For Final Rule offices, subject to consultation with and all major changes, FNS will also look to The final rule retains the requirement approval by FNS. Section 272.15(b)(4) the data it already collects on an that States will be required to report on as amended by this final rule retains the ongoing basis, i.e., quality control data. the impact of major changes. However, provisions from the proposed rule that While FNS is interested in knowing the most significant modification to this FNS will evaluate the major change to what contingency plans a State may final rule is the adoption of the determine what reporting requirements have, the suggestion that FNS should suggestion from commenters that key will be necessary. In light of the require States to have specific fall back ‘‘automatic’’ reporting requirements be ‘‘automatic’’ requirements for all major plans is beyond the scope of the Act. established for all major changes. This changes discussed above, this The recommendation that the is in response to commenters’ determination will focus on what, if provisions of the final rule be applied to suggestions that the regulations any, additional reporting requirements major changes made prior to its effective prescribe basic data that FNS will will be necessary. date has not been adopted for several require for all major changes, as certain The recommendation that reporting reasons. First, States would have to data elements would be useful in requirements be applied to all obtain historical data on the impact of

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the change and such data is typically for anything that FNS may decide has oversight of client access and program more difficult to obtain. Secondly, an ‘‘adverse impact.’’ integrity. States’ reports received on the impact of • Final Rule The solution to staffing shortages is these older changes would be out of to prioritize. Reducing oversight of the date and therefore less useful to FNS in As explained earlier, the Department largest program in the Department is not monitoring their impact. Finally, the has neither the authority to approve or a sensible means of prioritizing. If the Department only requires retroactive deny (unless a State’s plans violate a problem is an insufficient Federal implementation of final rules when it is provision of the Act or SNAP Program Administration appropriation, both practical and there is a compelling regulations) a State’s plans, nor can it the Department should realign staffing need; neither of which apply to this require that States develop fallback of the various food assistance programs rule. The recommendation for two years plans. With regard to when a State to be more proportional to the of monthly reports would exceed the would be required to submit a corrective taxpayers’ dollars at stake in each. Departments needs and place an action plan due to an adverse impact, • Oppose the proposed changes that unnecessary burden upon States. The the Department agrees that the eliminate the requirement for an annual suggestion that States be required to provisions of this rule could open review of certain functions performed at submit the monthly data on a quarterly another avenue for identification and the State agency level and the basis has been adopted in the correction of deficiencies in a State’s elimination of the requirement for a restructured final rule in § 272.15(b)(5). operation; this is the intent of the Act. biennial review of the State’s ME While the one year requirement is Therefore, the provision (now at system. The proposed regulation, which retained from the NPRM in this final § 272.15(b)(8)) as amended by this final lacks any specified frequency for rule at § 272.15(b)(6), FNS may extend rule remains unchanged from the reviews, could lead to FNS’s abdication NPRM. this timeframe if necessary. The of these reviews for all practical Provision/Issues—§ 275.3(a): FNS provision from § 272.15(b)(5) in the purposes, now or in the future. The shall conduct management evaluation NPRM is retained in this final rule at reviews of certain functions performed requirement that FNS designate specific § 272.15(b)(7). at the State agency level in the areas for review each year does not Provision/Issues—§ 272.15(b)(6): If administration/operation of the necessarily mean that FNS must in fact the data a State submits regarding its program. FNS will designate specific conduct such reviews. major change or other information FNS • areas required to be reviewed each fiscal FNS should define what qualifies as obtains indicates an adverse impact on year. ‘‘at-risk’’ to provide for consistency in SNAP access or integrity, FNS would Public Comments and the different regions. Providing the data work with the State to correct the cause Recommendations—Thirteen for these ‘‘off-site’’ activities is more of the problem and provide whatever commenters addressed these provisions time-consuming for the States unless technical assistance it can. Depending of the proposed rule and their Federal reviewers are given total access upon the severity of the problem, FNS comments included the following: to State systems. may require a formal corrective action • FNS and States should be engaging • We agree with the increased plan as identified in § 275.16 and in additional monitoring activities of flexibility given to FNS in the conduct § 275.17. local service delivery, not fewer. The of MEs under the proposed rule and Public Comments and changes FNS proposes to ME reviews encourage that similar flexibility and Recommendations—Three commenters have no basis in statute -the 2008 FCEA ability to target reviews be given to the addressed these provisions of the made no changes to reduce FNS’s States in the conduct of their annual proposed rule and their comments oversight role. ME reviews are also the MEs. included the following: primary way that FNS monitors civil • We appreciate FNS’ targeted • Strongly recommend that the final rights compliance. The final rule must approach and suggest that the reviews regulation be strengthened to identify not back away from FNS’s commitment be less targeted by frequency and size, the full range of action that FNS is in these areas. but more by performance and need. authorized to initiate in response to • Caseloads have increased • We disagree with FNS removing its information from the State about dramatically in recent years while, at own burdens in the ME process while planned major systems changes. the same time, the number of staff to keeping the States’ current requirements • Although requiring correction of process cases has not kept pace. This basically unchanged. problems that have arisen is sensible development points to the need for • The term ‘‘at-risk’’ is vague. and appropriate, it puts the Department more, not less frequent, reviews because Recommend keeping the current and the State agency in the all-too- of the risk of access barriers. We requirement of a biennial review of the familiar position of playing catch-up recommend that the final rule reject State’s ME system. Having scheduled after a problem has occurred. The final these changes to the ME regulations and Federal reviews on a biennial basis rule should restructure this paragraph to keep the current requirements. would allow States to plan accordingly. focus on the implementation of the State • The proposed regulation will • State and Federal ME requirements agency’s fallback plan or plans. weaken the longstanding requirement should not be changed. Proposals to • ‘‘Adverse impact’’ is not defined, for ME reviews of State certification weaken them should not be included in which could lead to subjective and operations, and fails to require the final rule. inconsistent results among regions straightforward, publically available and regarding when a corrective action plan nationally consistent data collection Final Rule is imposed. Existing performance from States making major changes in Based upon comments received, the measures already have standards that their service delivery model. The Department is withdrawing the changes States must meet, and corrective action proposal eviscerates a decades-old to this provision from the final rule. The plans can be required for failure to meet requirement that States and FNS Department agrees that monitoring those standards. At best, the new conduct ME reviews of State SNAP is a high priority responsibility process is duplicative; at worst, it opens certification operations. Such ME for FNS and supports the goal of up an avenue for corrective action plans reviews are the cornerstone of FNS maintaining sufficient resources to

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enable proper oversight of SNAP rule remains unchanged from the major change and explain why it could operations. proposed rule. not meet the 120-day requirement. No Provision/Issues—§ 271.2: Amend the approval from FNS is necessary for a List of Subjects definitions of Large, Medium, and Small State to proceed with implementation of project areas for ME review purposes. 7 CFR Part 271 the major change. (2) Major changes shall include the Public Comments and Food stamps, Grant programs-social following: Recommendations—Five commenters program, Reporting and recordkeeping. addressed these provisions of the (i) Closure of any local office that proposed rule and their comments 7 CFR Part 272 performs major functions for 750 or more SNAP households or 5 percent of included the following: Alaska, Civil rights, SNAP, Grant the State’s total SNAP monthly • These changes in the definitions of programs-social programs, Penalties, caseload, whichever is less, and there is project areas are likely to have Reporting and recordkeeping not another office available to serve the significant negative impacts on civil requirements, Unemployment affected households within 35 miles. An rights compliance within SNAP. compensation, Wages. Reducing the frequency or intensity of office performing major functions is an ME reviews will have the effect of 7 CFR Part 275 office where households can file an application for SNAP in person and reducing efforts to identify and correct Administrative practice and receive assistance from merit system civil rights violations. procedure, SNAP, Reporting, and • We recommend that the final rule personnel staff. recordkeeping requirements. (ii) Substantial increased reliance on reject these changes to the ME Accordingly, 7 CFR parts 271, 272 automated systems for the performance regulations and keep the current and 275 are amended as follows: of responsibilities previously performed requirements. • by State merit system personnel (as We agree with the need for a PART 271—GENERAL INFORMATION described in section 11(e)(6)(B) of the modification to the definitions of large AND DEFINITIONS Act) or changes in the way that and medium project areas but contend applicants and participants interact that the revised definitions do not ■ 1. The authority citation for Part 271 continues to read as follows: with the State’s SNAP agency. This reflect the reality of the larger States. We includes the replacement of the State’s recommend further review of these Authority: 7 U.S.C. 2011–2036. automated systems used in the proposed standards and even higher § 271.2 [Amended] certification process, adding caseload thresholds in order to reflect functionality to the existing automated the project areas of the large States. ■ 2. In § 271.2: systems used in the certification • These were the definitions that ■ a. Amend the definition of Large process, or changes in the way were in effect for California until FY project area by removing the number applicants and participants interact 2011. Given the limitation of staff and ‘‘15,000’’ and adding in its place the with SNAP. For example, adding an resources, this new definition would number ‘‘25,000’’. overlay on an existing legacy automated create a workload issue in California. ■ b. Amend the definition of Medium system used by eligibility workers, We recommend redefine project areas as project area by removing the numbers adding online portals to an existing follows: ‘‘2,001 to 15,000’’ and adding in their automated system for use by SNAP Æ Large—those with an average place the numbers ‘‘5,000 to 25,000’’. applicants, participants or community monthly caseload of more than 50,000 ■ c. Amend the definition of Small partners, establishment of an online cases. project area by removing the number application, use of telephonic Æ Medium—those with an average ‘‘2,000’’ and adding in its place the technology to accept applications, monthly caseload of between 25,000 number ‘‘4,999’’. relying upon an interactive voice and 50,000 cases. response system to provide case status Æ Small—those with an average PART 272—REQUIREMENTS FOR information to participants or monthly caseload up to 24,999 cases. PARTICIPATING STATE AGENCIES implementation of finger imaging shall be considered major changes. Under this Final Rule ■ 3. The authority citation for Part 272 criterion, if the State documents that the continues to read as follows: Comments on this provision of the change is expected to impact less than rule were mixed with some commenters Authority: 7 U.S.C. 2011–2036. five percent of the State’s SNAP believing that the provision of the ■ 4. Add § 272.15 to read as follows: applicants or participants, it will not be proposed rule did not go far enough in considered a major change. Reporting a reducing the frequency with which § 272.15 Major changes in program major change as required in this section States are required to review their design. does not relieve States of meeting the project areas. The Department (a) States’ reporting of major changes. requirements for new system approvals acknowledges that while more (1) State agencies shall notify FNS when in § 277.18 of this chapter. monitoring of SNAP is generally more they make major changes in their (iii) Changes in operations that desirable than less monitoring, the operation of SNAP. State agencies shall potentially increase the difficulty of quality of the monitoring must also be notify FNS when the plans for the households reporting required a factor. Reductions in States’ budgets change are approved by State information. This could include have put pressure on staffing for SNAP leadership, but no less than 120 days implementation of a call center or and this provision allows States to do a prior to beginning implementation of internet web portal for change reporting, better job in the ME reviews that are the change or entering into contractual a major modification to forms that conducted. Furthermore, the project obligations to implement any proposed households use to report changes or the area sizes in the current rules were set major changes. If it is not possible for a discontinuation of an existing avenue when the program was less than half its State to provide notification 120 days in for reporting changes (e.g., households current size in terms of participation. advance, the State shall provide can no longer contact the local office Therefore, this provision of the final notification as soon as it is aware of the because all changes must be reported to

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a unit that handles change reports). (J) How the major change will affect (iii) Of the number of initial Selecting a different change reporting operation of the State automated system; applications received in paragraph policy option as allowed in § 273.12 of (K) The State’s backup plans if the (b)(1)(i) of this section, the number this chapter, or the implementation of a major change creates significant broken out by method of application policy waiver related to change problems in one or more of the program (i.e., in-person, online, telephone, mail, reporting would not be a major change. measures in paragraph (a)(3)(ii) of this fax); (iv) Any reduction or change of the section; (iv) The number of initial applications functions or responsibilities currently (L) A description of any consultation that are approved timely; assigned to SNAP merit system with stakeholders/advocacy groups or (v) Of the number of initial personnel. public comment obtained regarding the applications approved timely in (v) A decrease of more than 5 percent planned changes; and paragraph (b)(1)(iv) of this section, the in the total number of merit system (M) Procedures the State will put in number subject to expedited service personnel involved in the SNAP place to minimize the burdens on processed within the 7-day processing certification process in the State from people with disabilities and other requirement; one year to the next. In addition, a populations (as identified in paragraph (vi) The number of initial applications decrease of more than eight percent in (a)(3)(ii)(E) of this section) relative to the that are approved untimely; the total number of merit system change. (vii) Of the number of initial personnel involved in the SNAP (ii) The analysis portion of the State’s applications approved untimely in certification process in the State over a initial report shall include the projected paragraph (b)(1)(vi) of this section, the two year period would be a major impact of the major change on: number subject to expedited service change. These decreases would include (A) The State’s payment error rate; processed outside the 7-day processing those resulting from State budget cuts or (B) Program access, including the requirement; hiring freezes, but not include loss of impact on applicants filing initial (viii) The number of initial personnel through resignation, applications and recertification applications that are denied; retirement or release when the State is applications; (ix) Of the number of initial seeking to replace the personnel within (C) The State’s negative error rate; applications that were denied in 6 months. Evidence of the intent to (D) Application processing timeliness paragraph (b)(1)(viii) of this section, the replace personnel shall include including both the households entitled number broken out by those denied due advertising to fill positions and having to 7-day expedited service and those to ineligibility and those denied because sufficient funding in the personnel subject to the 30-day processing the State agency was unable to budget for the new hires. standards; determine eligibility; (x) The total number of households (vi) Other major changes identified by (E) Whether the major change will FNS. due for recertification; increase the difficulty elderly (xi) The number of recertification (3) When a State initially reports a households, households living in rural applications received; major change to FNS as required in areas, households containing a disabled (xii) Of the number of recertification paragraph (a)(1) of this section, an member, homeless households, non- applications received in paragraph analysis of the expected impact of the English speaking households, or (b)(1)(xi) of this section, the number major change shall accompany the households living on a reservation will broken out by method of application report. The initial report to FNS that the have obtaining SNAP information, filing (i.e., in-person, online, telephone, mail, State is making one of the major changes an initial application, providing fax); identified in paragraph (a)(2) of this verification, being interviewed, (xiii) The number of households that section, shall include a description of reporting changes or reapplying for were recertified without a delay or break the change and an analysis of its benefits; in benefits; anticipated impacts on program (F) Customer service including the (xiv) The number of households that performance. time it takes for a household to contact the State recertifies with a delay or (i) The description of the change shall the State, be interviewed, report changes break in benefits of less than one month; include the following: and any other parameter defined by the (xv) Of the total number of (A) Identification of the major change State agency; and households due for recertification in the State is implementing; (G) Timeliness of recertification paragraph (b)(1)(x) of this section, the (B) An explanation of what the change actions. number of households that fail to is intended to accomplish; (b) FNS and State action on reports. reapply for recertification by the (C) The schedule for implementation; (1) FNS will evaluate the initial report required deadline; (D) How the change will be tested and provided by a State to determine if the (xvi) The number of recertification whether it will be piloted; change is, in fact, a major change as applications that are denied; and (E) Whether the change is statewide or described in paragraph (a)(2) of this (xvii) Of the number of recertification identification of the jurisdictions it will section and notify the State of its applications that were denied in encompass; determination. States implementing a paragraph (b)(1)(xvi) of this section, the (F) How the major change is expected major change shall report the following number broken out by those denied due to affect applicants and/or participants monthly State-level information to FNS to ineligibility and those denied because and how they will be informed; on a quarterly basis beginning with the the State agency was unable to (G) How the change will affect quarter prior to implementation of the determine eligibility. caseworkers and, as applicable, how major change: (2) The information required by they will be trained; (i) The number of initial applications paragraph (b)(1)(1) of this section shall (H) The projected administrative cost received; be reported separately for households of the major change in the year it is (ii) Of the number of initial with elderly members and households implemented and the subsequent year; applications received in paragraph with members that have a disability. (I) How the impact of the major (b)(1)(i) of this section, the number (3) At a minimum, the information change will be monitored; subject to expedited service; required by paragraphs (b)(1)(i), (iv),

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(vi), (viii), (x), (xi), (xiii), (xiv), (xv), and (iv) Impact of certain major changes Participation administrative funds per (xvi) of this section shall be on customer service. Some major § 276.4 of this chapter. disaggregated to provide sub-state changes may require specific information. FNS will require the State information that is not typically PART 275—PERFORMANCE to disaggregate all the information in available from a States automated SNAP REPORTING SYSTEM paragraph (b)(2) if FNS determines that system. For example, if a State such data are necessary to evaluate the implements a major change that allowed ■ 5. The authority citation for Part 275 impact of the change. FNS will consult (or required) households to report continues to read as follows: with States on a case-by-case basis to changes in their individual Authority: 7 U.S.C. 2011–2036. determine if this information shall be circumstances through a change center reported by: Local offices, call centers, or allows applicants to apply or reapply ■ 6. In § 275.7: county, project areas, or by other for SNAP through the use of call center, ■ a. Revise paragraph (a) to read as set administrative structures within the the following data may be required: forth below. State. FNS’ determination will be based (A) The total number of calls made to ■ c. Remove paragraphs (b), (c) and (d). upon the type of major change and the the center; ■ d. Redesignate paragraph (e) as State’s SNAP organization. (B) The average time a caller has to paragraph (b). (4) In addition the information wait to talk to a SNAP worker (includes required in paragraphs (b)(1), (2) and (3) hold time for transfers); ■ e. Amend newly redesignated of this section, FNS may require (C) Based upon the call centers paragraph (b) by removing the word additional information to be included in standards and negotiation with FNS, the ‘‘on-site’’. a State’s quarterly report. FNS reserves percentage of calls with excessive wait § 275.7 Selection of sub-units for review. the right to require the information it times; needs to determine the impact of a (D) The percentage of calls abandoned (a) Definition of sub-units. Sub-units major change on integrity and access in by callers prior to and after being are the physical locations of SNAP. FNS will work with States to answered by the call center; organizational entities within project determine what additional information (E) The total number of calls dropped areas responsible for operating various is practicable and require only the data by the call center system and the aspects of SNAP and include but are not that is necessary and not otherwise number of callers that received a busy limited to certification offices, call available from ongoing reporting signal; and centers, and employment and training mechanisms. While the data elements (F) Customer satisfaction (based upon offices. outlined in paragraph (b)(2) of this survey results). * * * * * section will generally be required to be (5) States shall submit reports reported on a statewide basis and at a ■ 7. In § 275.9: containing monthly data on a quarterly sub-state level, major changes that are ■ a. Revise paragraph (b)(1)(iii) to read basis. As practicable, and based upon limited to localized areas, such as a as set forth below. county or project area, may only require consultation with the State, FNS may require any additional information ■ b. Amend paragraph (b)(1)(iv) by localized reporting. Depending upon the removing the first sentence. nature of the major change, States will under paragraph (b)(4) of this section be required to report more specific or regarding the State’s operation to be § 275.9 Review process. timely information concerning the reported for the quarter just prior to implementation of the major change. * * * * * impact of the major change within the (b) * * * following areas: (6) States shall submit reports for one (i) Payment accuracy. FNS will use year after the major change is fully in (1) * * * Quality Control (QC) data when place. FNS may extend this timeframe (iii) Identification of the sub-units possible, but may require data from case as it deems necessary. selected for review and the techniques reviews focused on households with (7) If FNS becomes aware that a State used to select them; specific characteristics, to obtain greater appeared to be implementing a major * * * * * local reliability, or to provide more change that had not been formally ■ timely data. reported, FNS would work with the 8. In § 275.16 revise paragraph (b)(3) (ii) Negative error rates. FNS will use State to determine if it is a major to read as follows: change, and if so proceed as required by QC data when possible, but may require § 275.16 Corrective action planning. data from case reviews focused on this section. households with specific characteristics, (8) If the data a State submits * * * * * to obtain greater local reliability or to regarding its major change or other (b) * * * provide more timely data on the causes information FNS obtains indicates an (3) Are identified by FNS reviews, of incorrect denials. adverse impact on SNAP access or GAO audits, contract audits, reports to (iii) Impact on households with integrity, FNS would work with the FNS regarding the implementation of specific characteristics. In addition to State to correct the cause of the problem major changes (as discussed in § 272.15) the information required by paragraph and provide relevant technical or USDA audits or investigations at the (b)(2) of this section, a major change that assistance, and will require the State to State agency or project area level (except could disproportionately impact the provide additional information as it deficiencies in isolated cases as households identified at paragraph deems appropriate. Depending upon the indicated by FNS); and, (a)(3)(ii)(E) of this section may require severity of the problem, FNS may also * * * * * additional information on the impact of require a formal corrective action plan the change on the participation of these as identified in § 275.16 and § 275.17 of Dated: December 10, 2015. households. The nature of the change this chapter. States agencies that fail to Audrey Rowe, and its potential impact would dictate comply with reporting requirements Administrator, Food and Nutrition Service. how this information would need to be may be subject to the suspension or [FR Doc. 2016–00674 Filed 1–15–16; 8:45 am] reported. disallowance of Federal Financial BILLING CODE 3410–30–P

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FEDERAL TRADE COMMISSION These rules do not require notice and § 1.100 [Amended] public comment under the ■ 2. Amend § 1.100 by removing from 16 CFR Part 1 Administrative Procedure Act, because paragraph (a) the phrase ‘‘Financial they are agency rules of practice and Management Service’’ and adding in its Administrative Debt Collection adopt applicable Government-wide place the phrase ‘‘Bureau of the Fiscal Procedures regulations without material change. Service’’. AGENCY: Federal Trade Commission See 5 U.S.C. 553(b)(A) & (B). Similarly, (FTC). the Commission also finds good cause to § 1.102–1.109 [Added and Reserved] dispense with the 30-day delay in the ACTION: Final rule. ■ effective date normally required by the 3. In subpart O, add and reserve SUMMARY: The FTC is publishing Administrative Procedure Act. 5 U.S.C. §§ 1.102–1.109. procedures for the administrative 553(d). No hardship will be imposed on ■ 4. Add new subparts P and Q to read collection of debts, including those debtors by the rules’ immediate as follows: arising under judgments and orders of implementation. Rather, the public will Subpart P—Administrative Debt Collection, the Commission. These procedures, benefit because the rule revisions codify Including Administrative Offset where applicable, will allow the use of procedures governing the use of debt administrative offset and tax refund collection tools authorized by the FCCS Sec. 1.110 Application of Government-wide offset to satisfy such debts. The use of and applicable Federal debt collection administrative claims collections these tools is expected to enhance the statutes. standards and adoption of administrative FTC’s enforcement and collection The rules have two parts. Under offset regulations. efforts. The FTC is also making a Subpart P, the Commission’s 1.111–1.119 [Reserved] administrative debt collection activities technical revision to its existing rule for Subpart Q—Tax Refund Offset administrative garnishment of non- shall be conducted in accordance with Federal wages to update the name of the applicable Government-wide debt 1.120 Purpose. Treasury Department agency collection regulations, including the 1.121 Notification of intent to collect. Federal Claims Collection Standards 1.122 Commission action as a result of responsible for cross-servicing debts. consideration of evidence submitted in DATES: This rule is effective on January (FCCS), 31 CFR parts 900–904, jointly response to the notice of intent. 19, 2016. promulgated by the Departments of 1.123 Change in notification to Bureau of Justice and Treasury, and related FOR FURTHER INFORMATION CONTACT: the Fiscal Service. Stephen Dowdell, Enforcement Treasury debt collection regulations, 31 1.124 Interest, penalties, and costs. CFR part 285, utilized when the Division, Bureau of Consumer Commission refers a debt to Treasury for Subpart P—Administrative Debt Protection, Federal Trade Commission, collection, including the centralized Collection, Including Administrative 600 Pennsylvania Avenue NW., Stop offset of Federal payments by Treasury. Offset CC–9528, Washington, DC 20580, (202) Furthermore, consistent with 31 U.S.C. 326–2814. 3716(b)(1), Subpart P expressly adopts, Authority: 31 U.S.C. 3701 et seq. SUPPLEMENTARY INFORMATION: The FTC without change, applicable FCCS is issuing final rules to publish provisions governing the use of § 1.110 Application of Government-wide administrative claims collections standards procedures to use debt collection tools administrative offset in Federal debt authorized by Government-wide Federal and adoption of administrative offset collection activities. Subpart Q applies regulations. Claims Collection Standards (‘‘FCCS’’) to tax refund offsets, and sets forth the and applicable Federal debt collection procedures that shall apply when the (a) The Commission shall apply the statutes for amounts owed to the United Commission refers a debt to Treasury for Federal Claims Collection Standards States. These rules supplement and collection by such means, consistent (FCCS), 31 CFR parts 900–904, in the complement the Commission’s existing with the Federal statutes governing administrative collection, offset, administrative wage garnishment rule administrative offset generally (31 compromise, suspension, termination, for non-Federal wages, 16 CFR 1.100, to U.S.C. 3716) and tax refund offset and referral of collection activity for collect amounts that may be owed to the specifically (31 U.S.C. 3720A), and the civil claims for money, funds, or FTC, including amounts owed under corresponding provisions of the FCCS property, as defined by 31 U.S.C. Commission orders and judgments. and Treasury part 285 regulations, 3701(b), unless specific Federal agency These additional procedures, where supra. statutes or regulations apply to such applicable, will enable the use of activities or, as provided for by Title 11 administrative offset against other List of Subjects in 16 CFR Part 1 of the United States Code, when the Federal payments that may be due to the Administrative practice and claims involve bankruptcy. The debtor, including a tax refund offset, to procedure, Claims, Debts, Garnishment Commission shall also follow satisfy such debts. These rules are not of wages, Hearing and appeal Department of Treasury regulations set intended to, and do not create, any procedures, Pay administration, forth at 31 CFR part 285, as applicable, separate or additional rights to notice or Salaries, Wages. for administrative debt collection, opportunity to challenge the amount or For the reasons stated in the including centralized offset of federal validity of debts that have already been preamble, the Federal Trade payments to collect non-tax debts that reduced to judgment or are otherwise Commission amends part 1, title 16, may be owed to the Commission, 31 legally final and binding, such as debts Code of Federal Regulations, as follows: CFR 285.5. Nothing in this subpart shall arising from judgments or orders be construed to supersede or require the entered upon the consent or agreement PART 1—GENERAL PROCEDURES Commission to provide additional of the debtor. (In addition, the FTC is notice or other procedures that may updating 16 CFR 1.100 to substitute the ■ 1. The authority citation for part 1 have already been provided or afforded ‘‘Bureau of the Fiscal Service’’ for the continues to read as follows: to a debtor in the course of former name of that agency, the Authority: Sec. 6, 38 Stat. 721 (15 U.S.C. administrative or judicial litigation or ‘‘Financial Management Service.’’) 46), unless otherwise noted. otherwise.

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(b) For purposes of 31 U.S.C. (iii) Including in the request any information contained in the 3716(b)(1), the Commission adopts documents that the debtor wishes to be notification, including in the amount of without change the regulations on considered or stating that the additional the debt, subject to any additional due collection by administrative offset set information will be submitted within process requirements, where applicable, forth at 31 CFR 901.3 and other relevant the remainder of the 60-day period. under this subpart or the Federal Claims sections of the FCCS applicable to such (c) A debtor may dispute the existence Collection Standards, if the amount of offset. or amount of the debt or the terms of debt has increased; repayment, except with respect to debts (b) Receives a payment or credits a §§ 1.111–1.119 [Reserved] established by a judicial or payment to the account of the debtor administrative order. In those cases, the Subpart Q—Tax Refund Offset named in the notification that reduces debtor may not dispute matters or issues the amount of the debt referred to Fiscal already settled, litigated, or otherwise Service for offset; or Authority: 31 U.S.C. 3716 and 3720A, 31 established by such order, including the (c) Otherwise concludes that such CFR 285.2(c). amount of the debt or the debtor’s notification is appropriate or necessary. § 1.120 Purpose. liability for that debt, except to the § 1.124 Interest, penalties, and costs. This subpart establishes procedures extent that the debtor alleges that the To the extent permitted or required by for the Commission’s referral of past- amount of the debt does not reflect 31 U.S.C. 3717 or other law, regulation, due legally enforceable debts to the payments already made to repay the or order, all interest, penalties, and costs Department of the Treasury’s Bureau of debt in whole or part. applicable to the debt or incurred in the Fiscal Service (Fiscal Service) for § 1.122 Commission action as a result of connection with its referral for offset against the tax refund payments of consideration of evidence submitted in collection by tax refund offset will be the debtor, consistent with applicable response to the notice of intent. assessed on the debt and thus increase Fiscal Service regulations and (a) Consideration of evidence. If, in the amount of the offset. definitions set forth in 31 CFR 285.2 and response to the notice provided to the 285.5. debtor under § 1.121, the Commission is By direction of the Commission. Donald S. Clark, § 1.121 Notification of intent to collect. notified that the debtor will submit additional evidence, or the Commission Secretary. (a) Notification before tax refund receives additional evidence from the [FR Doc. 2016–00313 Filed 1–15–16; 8:45 am] offset. Reduction of a tax refund debtor within the prescribed time, tax BILLING CODE 6750–01–P payment will be made only after the refund offset will be stayed until the Commission makes a determination that Commission can: an amount is owed and past-due and (1) Consider the evidence presented SECURITIES AND EXCHANGE gives or makes a reasonable attempt to by the debtor; COMMISSION give the debtor 60 days written notice of (2) Determine whether all or a portion the intent to collect by tax refund offset. of the debt is still past due and legally 17 CFR PARTS 229 and 239 (b) Contents of notice. The enforceable; and Commission’s notice of intent to collect (3) Notify the debtor of its [Release No. 33–10003; File No. S7–01–16] by tax refund offset will state: determination, as set forth in paragraph RIN 3235–AL88 (1) The amount of the debt; (b) of this section. (2) That unless the debt is repaid (b) Commission action on the debt. (1) Simplification of Disclosure within 60 days from the date of the If, after considering any additional Requirements for Emerging Growth notice, the Commission intends to evidence from the debtor, the Companies and Forward Incorporation collect the debt by requesting a Commission determines that the debt by Reference on Form S–1 for Smaller reduction of any amounts payable to the remains past-due and legally Reporting Companies debtor as a Federal tax refund payment enforceable, the Commission will notify by an amount equal to the amount of the AGENCY: Securities and Exchange the debtor of its intent to refer the debt Commission. debt and all accumulated interest and to the Fiscal Service for offset against ACTION: other charges; the debtor’s Federal tax refund payment, Interim final rule; request for (3) That the debtor, within 60 days including whether the amount of the comment. from the date of the notice, has an debt remains the same or is modified; or SUMMARY: The Securities and Exchange opportunity to make a written (2) If, after considering any additional Commission (‘‘Commission’’) is agreement to repay the amount of the evidence from the debtor, the adopting interim final amendments to debt, unless such opportunity has Commission determines that no part of its rules and forms to implement previously been provided; the debt remains past-due and legally Sections 71003 and 84001 of the Fixing (4) A mailing address for forwarding enforceable, the Commission will so any written correspondence and a America’s Surface Transportation notify the debtor and will not refer the (‘‘FAST’’) Act, which require that the contact name and a telephone number debt to the Fiscal Service for offset for any questions; and Commission revise Forms S–1 and F–1 against the debtor’s Federal tax refund to permit emerging growth companies to (5) That the debtor may present payment. evidence to the Commission that all or omit financial information for certain part of the debt is not past due or legally § 1.123 Change in notification to Bureau of historical periods and revise Form S–1 enforceable by: the Fiscal Service. to permit forward incorporation by (i) Sending a written request for a After the Commission sends the Fiscal reference for smaller reporting review of the evidence to the address Service notification of a debtor’s companies. provided in the notice; liability for a debt, the Commission will DATES: Effective date: The interim final (ii) Stating in the request the amount promptly notify the Fiscal Service if the rule is effective on January 19, 2016. disputed and the reasons why the Commission: Comment date: Comments on the debtor believes that the debt is not past (a) Determines that there is a material interim final rules should be received due or is not legally enforceable; and error or other material change in the on or before February 18, 2016.

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ADDRESSES: Comments may be Regulation S–K describes the if it reasonably believes the omitted submitted by any of the following undertakings that an issuer must information will not be required to be methods: include in a registration statement. included in the filing at the time of the Section 71003 of the FAST Act 6 contemplated offering, so long as the Electronic Comments amends Section 102 of the Jumpstart issuer amends the registration statement • Use the Commission’s Internet Our Business Startups (‘‘JOBS’’) Act 7 to prior to distributing a preliminary comment form (http://www.sec.gov/ allow an emerging growth company 8 prospectus to include all financial rules/proposed.shtml); or that is filing a registration statement (or information required by Regulation S–X • Send an email to rule-comments@ submitting a draft registration at the time of the amendment. This sec.gov. Please include File Number S7– statement 9 for confidential review) provision takes effect 30 days after the 01–16 on the subject line; or under Section 6 of the Securities Act on date of enactment of the FAST Act. In • Use the Federal eRulemaking Portal Form S–1 or Form F–1 to omit financial addition, Section 71003 directs the (http://www.regulations.gov). Follow the information 10 for historical periods 11 Commission to revise the general instructions for submitting comments. otherwise required by Regulation S–X 12 instructions to Form S–1 and Form F– Paper Comments 1 to reflect this self-executing change. any foreign issuer other than a foreign government, Section 84001 of the FAST Act • Send paper comments to Brent J. except for an issuer that has more than 50% of its requires the Commission to revise Form Fields, Secretary, Securities and outstanding voting securities held of record by U.S. residents and any of the following: A majority of its S–1 to permit a smaller reporting Exchange Commission, 100 F Street NE., officers and directors are citizens or residents of the company 13 to incorporate by reference Washington, DC 20549–1090. United States, more than 50 percent of its assets are into its registration statement any All submissions should refer to File located in the United States, or its business is documents filed by the issuer Number S7–01–16. This file number principally administered in the United States. 6 Pub. L. 114–94 (Dec. 4, 2015). subsequent to the effective date of the should be included on the subject line 7 Pub. L. 112–106, 126 Stat. 306 (Apr. 5, 2012). registration statement. We are adding a if email is used. To help us process and 8 An ‘‘emerging growth company’’ is defined in new paragraph to Item 12 of Form S–1 review your comments more efficiently, Section 2(a)(19) of the Securities Act [15 U.S.C. to effect this provision.14 please use only one method. The 77b(a)(19)] to mean an issuer with less than $1 Currently, there are eligibility billion in total annual gross revenues during its Commission will post all comments on most recently completed fiscal year. If an issuer requirements for any issuer to use the Commission’s Web site (http:// qualifies as an emerging growth company on the historical incorporation by reference on www.sec.gov/rules/proposed.shtml). first day of its fiscal year, it maintains that status Form S–1 for documents filed before the Comments are also available for Web until the earliest of the last day of the fiscal year effective date of the registration of the issuer during which it has total annual gross site viewing and printing in the revenues of $1 billion or more; the last day of its statement. These requirements will not Commission’s Public Reference Room, fiscal year following the fifth anniversary of the first be affected as a result of these 100 F Street NE., Washington, DC sale of its common equity securities pursuant to an amendments.15 Smaller reporting effective registration statement; the date on which companies must meet each of these 20549, on official business days the issuer has, during the previous 3-year period, between the hours of 10:00 a.m. and issued more than $1 billion in non-convertible debt; existing eligibility requirements and 3:00 p.m. All comments received will be or the date on which the issuer is deemed to be a conditions to use forward incorporation posted without change; we do not edit ‘‘large accelerated filer’’ (as defined in Exchange by reference on Form S–1.16 For Act Rule 12b–2 [17 CFR 240.12b–2]). Section 71002 personal identifying information from of the FAST Act amends Section 6(e)(1) of the example, to be eligible to use forward submissions. You should submit only Securities Act [15 U.S.C. 77f(e)(1)] to provide that incorporation by reference, smaller information that you wish to make an issuer that qualifies as an emerging growth reporting companies will be required to company at the time it initiates the registration be current by having filed (a) an annual available publicly. process, either by submitting a draft registration FOR FURTHER INFORMATION CONTACT: statement or by filing it publicly, but which report for its most recently completed Peggy Kim, Attorney-Adviser, Office of subsequently ceases to be an emerging growth fiscal year and (b) all required Exchange company, will continue to be treated as an emerging Act reports and materials during the 12 Rulemaking, Division of Corporation growth company until the earlier of the date on Finance, at (202) 551–3430, U.S. which the issuer consummates its initial public months immediately preceding filing of Securities and Exchange Commission, offering pursuant to that registration statement or the Form S–1 (or such shorter period 100 F Street NE., Washington, DC the end of the 1-year period beginning on the date that the smaller reporting company was the company ceases to be an emerging growth required to file such reports and 20549. company. Section 71002 became effective upon materials). Smaller reporting companies SUPPLEMENTARY INFORMATION: We are enactment. 9 that are blank check companies, shell adopting interim final amendments to Prior to filing a Form S–1 or F–1 for an initial public offering, emerging growth companies can companies (other than business Forms S–1 1 and F–1 2 under the submit draft registration statements to the combination related shell companies) or Securities Act of 1933 3 and Item 512 of Commission for confidential review. issuers for offerings of penny stocks will Regulation S–K.4 10 The historical financial statements that may be omitted are not limited to the financial statements not be permitted to forward incorporate I. Discussion of Amendments of the emerging growth company. For example, an by reference into a Form S–1. In emerging growth company may also omit the addition, the ability to forward Form S–1 is the form used by historical financial statements of an acquired domestic issuers to register the offer and business from its filing or submission if the 13 company reasonably believes those financial A ‘‘smaller reporting company’’ is defined in sale of securities under the Securities Rule 405 under the Securities Act to mean an issuer Act of 1933 when no other form is statements will not be required at the time of the offering. that had a public float of less than $75 million as authorized or prescribed, and Form F– 11 Emerging growth companies must include two of the last business day of its most recently 1 is the corresponding form used by years of audited financial statements in a completed second fiscal quarter or had annual foreign private issuers.5 Item 512 of registration statement for an initial public offering revenues of less than $50 million during the most of common equity securities. [15 U.S.C. 77g recently completed fiscal year for which audited (a)(2)(A)] financial statements are available. 1 14 17 CFR 239.11. 12 New paragraph (b) to Item 12 of Form S–1. 2 Form F–1 filers are subject to the financial 17 CFR 239.31. reporting requirements of Regulation S–X and Form 15 General Instruction VII to Form S–1 sets forth 3 15 U.S.C. 77a et seq. 20–F. Item 8.A. of Form 20–F [17 CFR 249.220f] the eligibility requirements for incorporation by 4 17 CFR 229.512. contains the requirements for the historical periods reference. 5 A ‘‘foreign private issuer’’ is defined in Rule 405 applicable to foreign private issuers filing on Form 16 Currently, forward incorporation by reference [17 CFR 230.405] under the Securities Act to mean F–1. is not permitted for any issuers on Form S–1.

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incorporate by reference will be revise the Commission’s forms to make of the FAST Act. Accordingly, the costs conditioned on the smaller reporting them consistent with the provisions of and benefits of these amendments stem company making its incorporated the FAST Act pertaining to simplified entirely from the statutory mandates of Exchange Act reports and other disclosure requirements for emerging Sections 71003 and 84001.26 materials readily available and growth companies and forward A. Baseline accessible on a Web site maintained by incorporation by reference for smaller or for the issuer and disclosing in the reporting companies on Form S–1 and The baseline for our economic prospectus that such materials will be therefore do not involve the exercise of analysis is the filing requirements prior provided upon request. Commission discretion. to passage of the FAST Act and the Finally, we are making a conforming The APA generally requires amendments being adopted today. The change to Item 512(a) of Regulation S– publication of a rule at least 30 days amendments will impact disclosure K to provide for forward incorporation before its effective date.21 The requirements for emerging growth by reference of Exchange Act reports Commission finds there is good cause companies (‘‘EGCs’’) that file Forms S– filed or furnished after the effective date for the amendments to take effect on 1 and F–1 and smaller reporting of the registration statement on Form S– January 19, 2016 because without the companies (‘‘SRCs’’) that file Form S–1 1.17 Our revised forms will be effective amendments the Commission’s for conducting a registered public for disclosure made on or after January applicable forms do not conform to the securities offering and elect to use 19, 2016.18 requirements of Section 102 of the JOBS forward incorporation by reference. Act, as amended by Section 71003 of the Investors who rely on issuer disclosures II. Request for Comment FAST Act and Section 84001 of the for making investment decisions will We invite comment on whether the FAST Act.22 Additionally, the also be affected by the amendments interim final rules should be extended Commission finds that the amendments mandated by Sections 71003 and 84001 to other registrants or forms. In addition, relieve restrictions in the Commission’s of the FAST Act. we request and encourage any interested forms. Prior to the effectiveness of Section person to submit comments on any The amendments to Form S–1, Form 71003, EGCs were required, when filing aspect of our interim final rules, other F–1, and Item 512 of Regulation S–K or submitting Form S–1 or Form F–1 matters that might have an impact on will have an effect on existing with the Commission prior to an initial the rules, and any suggestions for ‘‘collection of information’’ public offering (‘‘IPO’’), to provide all additional changes. With respect to any requirements within the meaning of the financial statements for historical 23 comments, we note that they are of Paperwork Reduction Act of 1995. We periods required by Regulation S–X at greatest assistance if accompanied by estimate the total annual decrease in the the time of the filing or submission, supporting data and analysis of the paperwork burden for all affected even though information for some issues addressed in those comments. companies to comply with the historical periods may not be required collection of information requirements to be included in the prospectus III. Procedural and Other Matters in these amendments is approximately contained in the registration statement Under the Administrative Procedure 70,214 hours of company personnel at the time of the contemplated offering. Act (‘‘APA’’), a notice of proposed time and approximately $84,256,400 for 24 For example, prior to the effectiveness rulemaking is not required when the the services of outside professionals. of Section 71003, an EGC that intended agency, for good cause, finds that notice IV. Economic Analysis to conduct an IPO during early 2016 and and public comment are impracticable, We are mindful of the costs imposed that submitted or filed its registration unnecessary, or contrary to the public by and the benefits obtained from our statement in December 2015 would interest.19 Because these amendments rules and amendments.25 The need to include audited financial merely conform the specified forms to Commission is adopting amendments to statements for 2013 and 2014 in that the requirements of a newly enacted implement the specific statutory registration statement to comply with statute, the FAST Act, the Commission mandates of Sections 71003 and 84001 the rules, even though at the time the finds that notice and public comment issuer intended to market the offering 20 are unnecessary. These amendments Regulatory Flexibility Act. See 5 U.S.C. 604(a) only 2014 and 2015 audited financial (requiring a final regulatory flexibility analysis only statements would be required. 17 The undertakings in Item 512(b) of Regulation for rules required by the APA or other law to The amendment pursuant to Section S–K will also be required in Form S–1 registration undergo notice and comment). 71003 of the FAST Act will impact statements filed by smaller reporting companies 21 See 5 U.S.C. 553(d)(3). Form S–1 and F–1 filings and draft that use forward incorporation by reference. 22 Section 71003 of the FAST Act takes effect 30 18 The amendments being adopted today apply to days after enactment, and Section 84001 of the registration statement submissions by emerging growth companies omitting financial FAST Act requires the Commission to revise Form domestic and foreign EGCs that conduct information from Form S–1 or Form F–1 and to S–1 within 45 days of enactment. initial public offerings. An analysis of smaller reporting companies using forward 23 44 U.S.C. 3501 et seq. EDGAR filings indicates that 504 EGCs incorporation by reference in Form S–1. The staff 24 We are seeking emergency approval from the will consider whether the amendments discussed in Office of Management and Budget for the revised filed Form S–1 for an IPO during this release should be made available to a larger burden estimates associated with the final rule calendar year 2014, compared to 363 group of registrants, and for additional form types. amendments to Forms S–1 and F–1 in accordance EGCs that filed a Form S–1 during Any future rulemaking proposal that may stem from with the procedures of the Paperwork Reduction calendar year 2015, through December the staff’s consideration would be subject to notice Act of 1995. In a separate notice, we are seeking and public comment. public comment on the revised burden estimates as 28th. The number of Form F–1 filings 19 5 U.S.C. 553(b). well as a three-year extension of the same 20 This finding also satisfies the requirements of collections of information. 26 As the intent of this rulemaking is to 5 U.S.C. 808(2), allowing the rule amendment to 25 Section 2(b) of the Securities Act [15 U.S.C. implement the specific regulatory changes become effective notwithstanding the requirement 77b(b)] requires the Commission, when engaging in mandated by Congress, this analysis focuses on the of 5 U.S.C. 801 (if a federal agency finds that notice rulemaking where it is required to consider or economic effects arising from those changes. We and public comment are impractical, unnecessary determine whether an action is necessary or recognize that these amendments could be made or contrary to the public interest, a rule shall take appropriate in the public interest, to consider, in available to a larger group of registrants, and for effect at such time as the federal agency addition to the protection of investors, whether the additional form types. However, such discretionary promulgating the rule determines). The action will promote efficiency, competition and amendments would be beyond the scope of this amendments also do not require analysis under the capital formation. rulemaking. See supra note 18.

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for an IPO by EGCs totaled 65 and 51 299 and 133 EGCs submitted a draft 2015, respectively, for confidential for calendar years 2014 and 2015, registration statement during 2014 and Commission review.28 respectively (Table 1).27 Additionally,

TABLE 1—EGCS SUBMISSIONS OF DRAFT REGISTRATION STATEMENTS, AND FILINGS OF FORMS S–1 AND F–1 FOR INITIAL PUBLIC OFFERINGS, 2012–2015

Number of EGCs submitting draft Number of EGCs Number of EGCs registration filing Form S–1 filing Form F–1 statement

2012 ...... 41 295 25 2013 ...... 231 404 31 2014 ...... 299 504 65 2015 ...... 133 363 51

Currently, forward incorporation by prior to the completion of the offering. Form S–3, they are required to use Form reference is not permitted for any Forward incorporation by reference is S–1 for conducting a registered issuers on Form S–1,29 and issuers are available under Form S–3,31 the short- securities offering.32 As Table 2 required to file a post-effective form registration statement for a follow- presents, approximately 448 SRCs filed amendment to disclose material on offering, but only issuers that meet Form S–1 for conducting a follow-on information, including updates required specific registrant and transaction offering while 150 SRCs filed Form S– as a result of Section 10(a)(3) of the requirements can utilize that form. 3 during calendar year 2014.33 Securities Act,30 that may have occurred Because many SRCs are ineligible to use

TABLE 2—SRC FILINGS OF FORMS S–1 AND S–3 FOR FOLLOW-ON OFFERINGS, 2012–2015

Number of Form 10–Ks Number of Number of indicating SRC SRCs filing SRCs filing status Form S–1 Form S–3

2012 ...... 4,062 394 106 2013 ...... 3,773 432 116 2014 ...... 3,508 448 150 2015 ...... 3,107 269 112

The amendment pursuant to Section B. Analysis of the Amendments disclosure requirements. These 84001 of the FAST Act will impact the amendments to the statute and our The statutory change to Section 102 of number and disclosure content of post- forms will ease the filing requirements the JOBS Act and the corresponding for EGCs, which could promote small effective amendments filed by eligible amendment to our forms pursuant to business capital formation through SRCs. Analysis of EDGAR filings Section 71003 of the FAST Act allow initial public offerings. indicates that approximately 204 SRCs EGCs to omit certain historical financial filed 379 post-effective amendments statements required under Regulation The amendments that implement during 2014, while another 217 filed S–X from their pre-initial public Section 71003 will enable EGCs to 404 such amendments during calendar offering registration statement, which provide only information that they year 2015, through December 15th.34 simplifies and reduces disclosure reasonably expect will be required at the Some SRCs could have avoided at least requirements for those EGCs. As Table time they are marketing their initial some post-effective amendment filings if 1 shows, up to 569 EGCs filing Form S– public offerings. This will lower the forward incorporation had been 1 or F–1 and 299 EGCs submitting draft regulatory burden and thereby reduce available. registration statements during calendar the registration costs for EGCs. The year 2014 could possibly have amendments may also shorten the time benefitted from such scaled down necessary to complete the initial

27 The Commission staff derived these estimates reports on Forms 10–K, 10–Q and 8–K, subsequent national securities exchange. See Instruction I.B.6. by analyzing filings made with the Commission to the effectiveness of the registration statement. of Form S–3. during calendar years. Data for 2015 is for the 30 15 U.S.C. 77j(a)(3). When a prospectus is used 33 The Commission staff derived these estimates period January 1 to December 28, 2015. The Forms more than nine months after the effective date of by analyzing filings made with the Commission S–1 and F–1 filings include filings for offerings that the registration statement, the information during calendar years. SRCs status was determined contained therein cannot be dated more than were later withdrawn or abandoned. Until October based on the filer status checked on the cover page sixteen months prior to such use. 2012, a significant number of EGCs submitted draft of Form 10–K filed during the year. 31 17 CFR 239.13. registration statements through email and as a result 34 32 Some of these filings may relate to non-Section are not included in EDGAR filings for that year. SRCs may be eligible to use Form S–3 for secondary offerings if the securities are listed on a 10(a)(3) updates, such as for deregistering 28 Some of the issuers that submitted a draft national securities exchange or are quoted on the securities. These filings will not be affected by an registration statement may have also filed a Form automated quotation system of a national securities SRC’s new ability to forward incorporate by S–1 or F–1. association. See Instruction I.B.3 of Form S–3. In reference. Additionally, some filings may comprise 29 Forward incorporation by reference allows an addition, SRCs may be eligible to use Form S–3 for Section 10(a)(3) updates, as well as updates that issuer to automatically incorporate by reference limited primary offerings if the SRC has at least one will continue to be required as post-effective reports filed pursuant to the Exchange Act, such as class of common equity securities listed on a amendments.

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registration statement of an IPO, which access capital markets at a lower cost. filing requirements will ensure that only could improve an issuer’s ability to raise As discussed above, during 2014 almost issuers with a demonstrated ability to capital in a timely manner. To the half of the SRCs that filed a Form S–1 comply with Exchange Act reporting extent issuers have sensitive material in also filed a post-effective amendment to requirements are eligible to forward their historical financial information, update information in that form. In incorporate by reference, which will the amendments may also enable EGCs addition to the reduced audit and legal help to address concerns about investors to protect their competitive position by costs of not having to file post-effective being able to readily procure updated not publicly disseminating information amendments, cost savings could also information through Exchange Act beyond what is required when the result from lower printing and delivery filings that would otherwise have been securities offering is conducted.35 Such costs for a smaller sized prospectus. available through a post-effective benefits are more likely to accrue to Such reduction in costs could be offset, amendment. EGCs that have higher proprietary costs to some extent, by ongoing costs related of disclosure.36 to the issuer’s new obligations to make V. Statutory Basis At the same time, the amendments the incorporated Exchange Act reports The amendments described in this may reduce the amount and quality of and other materials readily available release are made under the authority set public information, thereby potentially and accessible to investors on a Web site forth in Sections 6, 7, 8, 10, and 19 of increasing the level of information maintained by or for the issuer, or the Securities Act, Section 102 of the asymmetry and adversely impacting the provided upon request. JOBS Act and Sections 71003 and 84001 informational efficiency of the securities The revision to Form S–1 will make of the FAST Act. market.37 As a result, investors could its requirements more consistent with become more risk averse and require a those of Form S–3, which will List of Subjects in 17 CFR Parts 229 and higher rate of return to compensate for particularly benefit SRCs that cannot 239 such loss in disclosure. This would use Form S–3 and have to rely on the Reporting and recordkeeping lower the amount of potential issuer longer Form S–1 to register their requirements, Securities. proceeds, which would offset the lower securities offering. The amendment will In accordance with the foregoing, the disclosure costs stemming from the be most effective for continuous Commission is amending Title 17, simplified disclosure requirements.38 offerings, and those involving resales of Chapter II of the Code of Federal We believe, however, that the securities, that often require repeated Regulations as follows: amendment’s potential adverse impact informational updates. By avoiding the on investors would be marginal because need to file certain post-effective PART 229—STANDARD such omitted financial information is amendments, SRCs may be able to move INSTRUCTIONS FOR FILING FORMS not expected to be used by issuers in quickly to raise capital when a ‘market UNDER SECURITIES ACT OF 1933, marketing their offering and also window’ is open. Easing the filing SECURITIES EXCHANGE ACT OF 1934 because investors will have access to burden for such issuers may promote AND ENERGY POLICY AND more recent and updated information. efficiency in SRC capital formation. CONSERVATION ACT OF 1975— The amendment pursuant to Section At the same time, revising Form S–1 REGULATION S–K 84001 of the FAST Act to permit to allow SRCs to forward incorporate by forward incorporation by reference by reference could increase the analytical ■ 1. The authority citation for part 229 SRCs in Form S–1 will further integrate burden and search costs for potential is revised to read as follows: disclosures under the Securities Act and investors. Instead of having all the Authority: 15 U.S.C. 77e, 77f, 77g, 77h, the Exchange Act and increase information available in one location, 77j, 77k, 77s, 77z–2, 77z–3, 77aa(25), regulatory simplification. Forward investors may need to separately access 77aa(26), 77ddd, 77eee, 77ggg, 77hhh, 77iii, incorporation by reference will on a Web site or request the 77jjj, 77nnn, 77sss, 78c, 78i, 78j, 78j–3, 78l, eliminate the need to update incorporated reports in order to price 78m, 78n, 78n–1, 78o, 78u–5, 78w, 78ll, 78 information in a filing that has become the offering security. As a result, costs mm, 80a–8, 80a–9, 80a–20, 80a–29, 80a–30, 80a–31(c), 80a–37, 80a–38(a), 80a–39, 80b–11 stale or is incomplete. The amendment to investors for assembling and and 7201 et seq. 18 U.S.C. 1350; Sec. 953(b), should decrease the existing filing assimilating necessary information Pub. L. 111–203, 124 Stat. 1904; Sec. burdens by reducing multiple disclosure could increase. We do not have data to 102(a)(3), Pub. L. 112–106, 126 Stat. 309; and filings, thereby allowing SRCs to satisfy assess if, and to what extent, the Form Sec. 84001, Pub. L. 114–94, 129 Stat. 1312. Form S–1 disclosure requirements and S–1 revision will be burdensome to * * * * * investors. To the extent that investors ■ 2. Section 229.512 is amended by 35 For example, R&D-intensive firms may have previously benefitted from the revising paragraph (a)(1)(iii)(B) to read competitive incentives to provide limited Commission staff’s selective review of disclosure about their R&D investments, material as follows: agreements or acquisitions in previous years. post-effective amendment filings, 36 See Jesse Ellis, C. Edward Fee & Shawn allowing forward incorporation by § 229.512 (Item 512) Undertakings. Thomas, Proprietary Costs and the Disclosure of reference may eliminate such reviews * * * * * Information about Customers, 50 J. ACCT. RES. and, as a result, possibly increase the (a) * * * 685–727 (2012). costs to investors. 37 (1) * * * Market participants also can obtain information As discussed above, the same from Commission staff comment letters (publicly (iii) * * * available after the IPO) sent in connection with the eligibility requirements that currently (B) Paragraphs (a)(1)(i), (ii), and (iii) of staff’s review of a draft or filed registration apply to any issuer to use historical this section do not apply if the statement. To the extent the lower level of incorporation by reference on Form S– registration statement is on Form S–1 disclosure affects the information content of Commission staff comment letters, the post-IPO 1 will apply to forward incorporation by (§ 239.11 of this chapter), Form S–3 liquidity and stock price volatility outcomes of reference by SRCs. Using these well- (§ 239.13 of this chapter), Form SF–3 EGCs could also be impacted. established eligibility requirements (§ 239.45 of this chapter) or Form F–3 38 See Susan Chaplinsky, Kathleen Weiss Hanley should provide certainty to issuers and (§ 239.33 of this chapter) and the & S. Katie Moon, The JOBS Act and the Costs of investors about when forward information required to be included in Going Public (Working Paper, Oct. 2015), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_ incorporation by reference may be used. a post-effective amendment by those id=2492241. Requiring the SRCs to be current in their paragraphs is contained in reports filed

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with or furnished to the Commission by 2. Prior to the registrant distributing a required by Regulation S–X at the date the registrant pursuant to section 13 or preliminary prospectus to investors, the of the amendment. section 15(d) of the Securities Exchange registration statement is amended to * * * * * Act of 1934 (15 U.S.C. 78m or 78o(d)) include all financial information By the Commission. that are incorporated by reference in the required by Regulation S–X at the date registration statement, or, as to a of the amendment. Dated: January 13, 2016. Brent J. Fields, registration statement on Form S–3, * * * * * Form SF–3 or Form F–3, is contained in Item 12. Incorporation of Certain Secretary. a form of prospectus filed pursuant to Information by Reference [FR Doc. 2016–00872 Filed 1–13–16; 4:15 pm] § 230.424(b) of this chapter that is part * * * * * BILLING CODE 8011–01–P of the registration statement. (b) In addition to the incorporation by * * * * * reference permitted pursuant to paragraph (a) of this Item, a smaller DEPARTMENT OF ENERGY PART 239—FORMS PRESCRIBED reporting company, as defined in Rule UNDER THE SECURITIES ACT OF 1933 Federal Energy Regulatory 405 (17 CFR 230.405), may elect to Commission incorporate by reference information ■ 3. The general authority citation for filed after the effective date of the part 239 is revised to read as follows: 18 CFR Part 381 registration statement. A smaller Authority: 15 U.S.C. 77c, 77f, 77g, 77h, reporting company making this election [Docket No. RM16–2–000] 77j, 77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m, must state in the prospectus contained 78n, 78o(d), 78o–7 note, 78u–5, 78w(a), 78ll, in the registration statement that all Annual Update of Filing Fees 78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a– 10, 80a–13, 80a–24, 80a–26, 80a–29, 80a–30, documents subsequently filed by the AGENCY: Federal Energy Regulatory 80a–37, and Sec. 71003 and Sec. 84001, Pub. registrant pursuant to Sections 13(a), Commission. L. 114–94, 129 Stat. 1312, unless otherwise 13(c), 14 or 15(d) of the Exchange Act, ACTION: Final rule; annual update of noted. prior to the termination of the offering Commission filing fees. * * * * * shall be deemed to be incorporated by SUMMARY: In accordance with the ■ 4. Form S–1 (referenced in § 239.11) is reference into the prospectus. * * * * * Commission’s regulations, the amended by adding General Instructions Commission issues this update of its ■ 5. Form F–1 (referenced in § 239.31) is II.C., re-designating paragraph (b) to filing fees. This document provides the amended by adding General Instruction Item 12 as paragraph (c), re-designating yearly update using data in the II.E. to read as follows: the Note to Item 12(b)(1) as the Note to Commission’s Financial System to Item 12(c)(1), and adding new paragraph Note: The text of Form F–1 does not, and calculate the new fees. The purpose of (b) to Item 12 to read as follows: this amendment will not, appear in the Code updating is to adjust the fees on the Note: The text of Form S–1 does not, and of Federal Regulations. basis of the Commission’s costs for this amendment will not, appear in the Code Fiscal Year 2015. Form F–1 of Federal Regulations. DATES: Effective Date: February 18, Registration Statement Under the 2016. Form S–1 Securities Act of 1933 FOR FURTHER INFORMATION CONTACT: Registration Statement Under the * * * * * Raymond D. Johnson Jr., Office of the Securities Act of 1933 Executive Director, Federal Energy General Instructions * * * * * Regulatory Commission, 888 First Street * * * * * NE., Room 42–66, Washington, DC General Instructions II. * * * 20426, 202–502–8402. * * * * * E. A registration statement filed (or SUPPLEMENTARY INFORMATION: submitted for confidential review) Document Availability: In addition to II. Application of General Rules and under Section 6 of the Securities Act (15 Regulations publishing the full text of this document U.S.C. 77f) by an emerging growth in the Federal Register, the Commission * * * * * company, defined in Section 2(a)(19) of provides all interested persons an C. A registration statement filed (or the Securities Act (15 U.S.C. 77b(a)(19)), opportunity to view and/or print the submitted for confidential review) prior to an initial public offering may contents of this document via the under Section 6 of the Securities Act (15 omit financial information for historical Internet through FERC’s Home Page U.S.C. 77f) by an emerging growth periods otherwise required by (http://www.ferc.gov) and in FERC’s company, defined in Section 2(a)(19) of Regulation S–X (17 CFR part 210) and Public Reference Room during normal the Securities Act (15 U.S.C. 77b(a)(19)), Item 8.A. of Form 20–F (17 CFR business hours (8:30 a.m. to 5:00 p.m. prior to an initial public offering may 249.220f) as of the time of filing (or Eastern time) at 888 First Street NE., omit financial information for historical confidential submission) of the Room 2A, Washington DC 20426. periods otherwise required by registration statement, provided that: From FERC’s Web site on the Internet, Regulation S–X (17 CFR part 210) as of 1. The omitted financial information this information is available in the the time of filing (or confidential relates to a historical period that the eLibrary. The full text of this document submission) of the registration registrant reasonably believes will not is available on eLibrary in PDF and statement, provided that: be required to be included in this Form Microsoft Word format for viewing, 1. The omitted financial information at the time of the contemplated offering; printing, and/or downloading. To access relates to a historical period that the and this document in eLibrary, type the registrant reasonably believes will not 2. Prior to the registrant distributing a docket number excluding the last three be required to be included in this Form preliminary prospectus to investors, the digits of this document in the docket at the time of the contemplated offering; registration statement is amended to number field and follow other and include all financial information directions on the search page.

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User assistance is available for this document to update filing fees that Information and Regulatory Affairs of eLibrary and other aspects of FERC’s the Commission assesses for specific the Office of Management and Budget, Web site during normal business hours. services and benefits provided to that this final rule is not a major rule For assistance, contact FERC Online identifiable beneficiaries. Pursuant to 18 within the meaning of section 251 of Support at FERCOnlineSupport@ CFR 381.104, the Commission is Subtitle E of Small Business Regulatory ferc.gov or toll free at (866) 208–3676, or establishing updated fees on the basis of Enforcement Fairness Act, 5 U.S.C. for TTY, contact (202) 502–8659. the Commission’s Fiscal Year 2015 804(2). The Commission is submitting this final rule to both houses of the Annual Update of Filing Fees costs. The adjusted fees announced in this document are effective February 18, United States Congress and to the (Issued January 12, 2016) 2016. The Commission has determined, Comptroller General of the United The Federal Energy Regulatory with the concurrence of the States. Commission (Commission) is issuing Administrator of the Office of The new fee schedule is as follows:

Fees Applicable to the Natural Gas Policy Act 1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ...... $12,430 Fees Applicable to General Activities 1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ...... $24,980 2. Review of a Department of Energy remedial order: Amount in controversy $0–9,999. (18 CFR 381.303(b)) ...... $100 $10,000–29,999. (18 CFR 381.303(b)) ...... $600 $30,000 or more. (18 CFR 381.303(a)) ...... $36,460 3. Review of a Department of Energy denial of adjustment: Amount in controversy $0–9,999. (18 CFR 381.304(b)) ...... $100 $10,000–29,999. (18 CFR 381.304(b)) ...... $600 $30,000 or more. (18 CFR 381.304(a)) ...... $19,120 4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ...... $7,160 Fees Applicable to Natural Gas Pipelines 1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) ...... * $1,000 Fees Applicable to Cogenerators and Small Power Producers 1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ...... $21,480 2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ...... $24,310 * This fee has not been changed.

List of Subjects in 18 CFR Part 381 § 381.304 [Amended] DEPARTMENT OF HOMELAND SECURITY Electric power plants, Electric ■ 4. In § 381.304, paragraph (a) is utilities, Natural gas, reporting and amended by removing ‘‘$18,920’’ and Coast Guard recordkeeping requirements. adding ‘‘$19,120’’ in its place. Issued: January 12, 2016. 33 CFR Part 165 § 381.305 [Amended] Anton C. Porter, [Docket Number USCG–2015–1101] Executive Director. ■ 5. In § 381.305, paragraph (a) is amended by removing ‘‘$7,090’’ and RIN 1625–AA00 In consideration of the foregoing, the adding ‘‘$7,160’’ in its place. Commission amends part 381, chapter I, Safety Zone; RICHLAND, Apra Harbor/ title 18, Code of Federal Regulations, as § 381.403 [Amended] Philippine Sea, GU set forth below. AGENCY: Coast Guard, DHS. ■ 6. Section 381.403 is amended by ACTION: Temporary final rule. PART 381—FEES removing ‘‘$12,310’’ and adding ‘‘$12,430’’ in its place. SUMMARY: The Coast Guard is ■ 1. The authority citation for part 381 establishing a temporary moving safety continues to read as follows: § 381.505 [Amended] zone for navigable waters within a 1000- Authority: 15 U.S.C. 717–717w; 16 U.S.C. ■ 7. In § 381.505, paragraph (a) is yards ahead of the Dry-Dock RICHLAND 791–828c, 2601–2645; 31 U.S.C. 9701; 42 amended by removing ‘‘$21,260’’ and and its towing vessel and 500 yards U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App. adding ‘‘$21,480’’ in its place and by abeam and 500 yards astern of the dry- U.S.C. 1–85. removing ‘‘$24,070’’ and adding dock. The safety zone is needed to protect personnel, vessels, and the § 381.302 [Amended] ‘‘$24,310’’ in its place. marine environment from potential ■ 2. In § 381.302, paragraph (a) is [FR Doc. 2016–00842 Filed 1–15–16; 8:45 am] hazards created by the movement of the amended by removing ‘‘$24,730’’ and BILLING CODE 6717–01–P drydock from Guam waters. Entry of adding ‘‘$24,980’’ in its place. vessels or persons into this zone is prohibited unless specifically § 381.303 [Amended] authorized by the Captain of the Port ■ 3. In § 381.303, paragraph (a) is Guam. amended by removing ‘‘$36,100’’ and DATES: This rule is effective without adding ‘‘$36,460’’ in its place. actual notice from January 19, 2016

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through 6:00 p.m. January 31, 2016. For waiting for a 30 day notice period to run around this safety zone during the the purposes of enforcement, actual would be impracticable. majority of this evolution which will notice will be used from 8:00 a.m. impact a small designated area of Apra III. Legal Authority and Need for Rule December 30, 2015 through January 19, Harbor, Guam and the Philippine Sea 2016. The Coast Guard is issuing this rule for less than 24 hours. The transit under authority in 33 U.S.C. 1231. The ADDRESSES: To view documents through the mouth of the entrance to Captain of the Port Guam (COTP) has mentioned in this preamble as being Apra Harbor will be the most restricted determined that potential hazards available in the docket, go to http:// portion due to the limited space for associated with the movement of the www.regulations.gov, type USCG–2015– maneuvering. Moreover, the Coast Dry-Dock RICHLAND starting 8:00 a.m. 1101 in the ‘‘SEARCH’’ box and click Guard will issue Broadcast Notice to December 30, 2015 will be a safety ‘‘SEARCH.’’ Click on Open Docket Mariners via VHF–FM marine channel concern for anyone within 1000-yards Folder on the line associated with this 16 about the zone and the rule allows ahead of the Dry-Dock RICHLAND and rule. vessels to seek permission to enter the its towing vessel and 500 yards abeam zone. FOR FURTHER INFORMATION CONTACT: If and 500 yards astern while transiting you have questions on this rule, call or Guam waters. This rule is needed to B. Impact on Small Entities email Chief Kristina Gauthier, protect personnel, vessels, and the The Regulatory Flexibility Act of Waterways Management Office, Sector marine environment in the navigable 1980, 5 U.S.C. 601–612, as amended, Guam, U.S. Coast Guard; telephone waters within the safety zone while the requires Federal agencies to consider 671–355–4866, email Dry-Dock RICHLAND and its towing the potential impact of regulations on [email protected]. vessel are in transit in Guam waters. small entities during rulemaking. The SUPPLEMENTARY INFORMATION: IV. Discussion of the Rule term ‘‘small entities’’ comprises small I. Table of Abbreviations businesses, not-for-profit organizations This rule establishes a safety zone that are independently owned and CFR Code of Federal Regulations from 8:00 a.m. December 30, 2015 operated and are not dominant in their DHS Department of Homeland Security through 6:00 p.m. January 31, 2016. The fields, and governmental jurisdictions E.O. Executive order safety zone will cover all navigable with populations of less than 50,000. FR Federal Register waters within 1000 yards ahead of the The Coast Guard certifies under 5 U.S.C. NPRM Notice of proposed rulemaking Dry-Dock RICHLAND and its towing Pub. L. Public Law 605(b) that this rule will not have a vessel and 500 yards abeam and 500 significant economic impact on a § Section yards astern while transiting Guam U.S.C. United States Code substantial number of small entities. waters. The duration of the zone is While some owners or operators of II. Background Information and intended to protect personnel, vessels, vessels intending to transit the safety Regulatory History and the marine environment in these zone may be small entities, for the navigable waters while the Dry-Dock The Coast Guard is issuing this reasons stated in section V.A. above, RICHLAND and its towing vessel are in temporary rule without prior notice and this rule will not have a significant transit. No vessel or person will be opportunity to comment pursuant to economic impact on any vessel owner permitted to enter the safety zone authority under section 4(a) of the or operator. without obtaining permission from the Administrative Procedure Act (APA) (5 Under section 213(a) of the Small COTP or a designated representative. U.S.C. 553(b)). This provision Business Regulatory Enforcement authorizes an agency to issue a rule V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), without prior notice and opportunity to We developed this rule after we want to assist small entities in comment when the agency for good considering numerous statutes and understanding this rule. If the rule cause finds that those procedures are executive orders (E.O.s) related to would affect your small business, ‘‘impracticable, unnecessary, or contrary rulemaking. Below we summarize our organization, or governmental to the public interest.’’ Under 5 U.S.C. analyses based on a number of these jurisdiction and you have questions 553(b)(B), the Coast Guard finds that statutes and E.O.s, and we discuss First concerning its provisions or options for good cause exists for not publishing a Amendment rights of protestors. compliance, please contact the person notice of proposed rulemaking (NPRM) listed in the FOR FURTHER INFORMATION with respect to this rule because doing A. Regulatory Planning and Review CONTACT section. so would be impracticable. The final E.O.s 12866 and 13563 direct agencies Small businesses may send comments details for this removal of this dry-dock to assess the costs and benefits of on the actions of Federal employees were not known to the Coast Guard available regulatory alternatives and, if who enforce, or otherwise determine until there was insufficient time regulation is necessary, to select compliance with, Federal regulations to remaining before the operation to regulatory approaches that maximize the Small Business and Agriculture publish an NPRM. Thus, delaying the net benefits. E.O. 13563 emphasizes the Regulatory Enforcement Ombudsman effective date of this rule to wait for a importance of quantifying both costs and the Regional Small Business comment period to run would be and benefits, of reducing costs, of Regulatory Fairness Boards. The impracticable because it would inhibit harmonizing rules, and of promoting Ombudsman evaluates these actions the Coast Guard’s ability to protect flexibility. This rule has not been annually and rates each agency’s vessels and waterway users from the designated a ‘‘significant regulatory responsiveness to small business. If you hazards associated with this operation. action,’’ under E.O. 12866. Accordingly, wish to comment on actions by Under 5 U.S.C. 553(d)(3), the Coast it has not been reviewed by the Office employees of the Coast Guard, call 1– Guard finds that good cause exists for of Management and Budget. 888–REG–FAIR (1–888–734–3247). The making it effective less than 30 days This regulatory action determination Coast Guard will not retaliate against after publication in the Federal is based on the size, location, and small entities that question or complain Register. For the same reasons duration of the safety zone. Vessel about this rule or any policy or action discussed in the preceding paragraph, traffic will be able to safely transit of the Coast Guard.

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C. Collection of Information 1000 yards ahead of the Dry-Dock unless authorized by the COTP or a This rule will not call for a new RICHLAND and its towing vessel and designated representative thereof. collection of information under the 500 yards abeam and 500 yards astern. (e) Enforcement. Any Coast Guard Paperwork Reduction Act of 1995 (44 It is categorically excluded from further commissioned, warrant, or petty officer, U.S.C. 3501–3520). review under paragraph 34(g) of Figure and any other COTP representative 2–1 of the Commandant Instruction. An permitted by law, may enforce these D. Federalism and Indian Tribal environmental analysis checklist temporary safety zones. Governments supporting this determination and a (f) Waiver. The COTP may waive any A rule has implications for federalism Categorical Exclusion Determination are of the requirements of this section for under E.O. 13132, Federalism, if it has available in the docket where indicated any person, vessel, or class of vessel a substantial direct effect on the States, under ADDRESSES. upon finding that application of the on the relationship between the national safety zone is unnecessary or G. Protest Activities government and the States, or on the impractical for the purpose of maritime distribution of power and The Coast Guard respects the First security. responsibilities among the various Amendment rights of protesters. (g) Penalties. Vessels or persons levels of government. We have analyzed Protesters are asked to contact the violating this rule are subject to the this rule under that Order and have person listed in the FOR FURTHER penalties set forth in 33 U.S.C. 1232 and determined that it is consistent with the INFORMATION CONTACT section to 50 U.S.C. 192. fundamental federalism principles and coordinate protest activities so that your Dated: December 23, 2015. preemption requirements described in message can be received without James B. Pruett, jeopardizing the safety or security of E.O. 13132. Captain, U.S. Coast Guard, Captain of the Also, this rule does not have tribal people, places or vessels. Port Guam. implications under E.O. 13175, List of Subjects in 33 CFR Part 165 [FR Doc. 2016–00863 Filed 1–15–16; 8:45 am] Consultation and Coordination with Indian Tribal Governments, because it Harbors, Marine safety, Navigation BILLING CODE 9110–04–P does not have a substantial direct effect (water), Reporting and recordkeeping on one or more Indian tribes, on the requirements, Security measures, relationship between the Federal Waterways. FEDERAL COMMUNICATIONS Government and Indian tribes, or on the For the reasons discussed in the COMMISSION distribution of power and preamble, the Coast Guard amends 33 47 CFR Part 73 responsibilities between the Federal CFR part 165 as follows: Government and Indian tribes. If you [MB Docket No. 13–249; FCC 15–142] believe this rule has implications for PART 165—REGULATED NAVIGATION federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS Revitalization of the AM Radio Service contact the person listed in the FOR ■ 1. The authority citation for part 165 AGENCY: Federal Communications FURTHER INFORMATION CONTACT section Commission. above. continues to read as follows: ACTION: Final rule. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: In this document, the The Unfunded Mandates Reform Act Department of Homeland Security Delegation Commission adopted a number of No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires procedures and procedural changes Federal agencies to assess the effects of ■ 2. Add § 165.T14–1101 to read as designed to assist AM broadcasters to their discretionary regulatory actions. In follows: better serve the public, thereby particular, the Act addresses actions advancing the Commission’s that may result in the expenditure by a § 165. T14–1101 Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, GU. fundamental goals of localism, State, local, or tribal government, in the competition, and diversity in broadcast (a) Location. The following areas, aggregate, or by the private sector of media. $100,000,000 (adjusted for inflation) or within the Guam Captain of the Port more in any one year. Though this rule (COTP) Zone (See 33 CFR 3.70–15), DATES: Effective February 18, 2016, will not result in such an expenditure, from the surface of the water to the except for the amendment to 47 CFR we do discuss the effects of this rule ocean floor, is a moving safety zone: All 73.1560, which contains new or elsewhere in this preamble. navigable waters within 1000 yards modified information collection ahead of the Dry-Dock RICHLAND and requirements that require approval by F. Environment its towing vessel and 500 yards abeam the Office of Management and Budget We have analyzed this rule under and 500 yards astern from departure (OMB) under the Paperwork Reduction Department of Homeland Security from Wharf ‘‘P’’ to 12 miles from Orote Act (PRA), and which will become Management Directive 023–01 and Point, Guam. effective after the Commission publishes Commandant Instruction M16475.lD, (b) Effective period. This section is a document in the Federal Register which guide the Coast Guard in effective from 8 a.m. on December 30, announcing such approval and the complying with the National 2015 through 6 p.m. on January 31, relevant effective date. Environmental Policy Act of 1969 (42 2016. FOR FURTHER INFORMATION CONTACT: U.S.C. 4321–4370f), and have (c) Enforcement period. This section Peter Doyle, Chief, Media Bureau, determined that this action is one of a is enforced from the time the vessel Audio Division, (202) 418–2700 or category of actions that do not departs Wharf ‘‘P’’ until it is 12 miles [email protected]; Thomas Nessinger, individually or cumulatively have a from Orote Point, Guam. Senior Counsel, Media Bureau, Audio significant effect on the human (d) Regulations. The general Division, (202) 418–2700 or environment. This rule involves a safety regulations governing safety zones [email protected]. For zone to be enforced for less than 24 contained in § 165.23 apply. No vessels additional information concerning the hours that will prohibit entry within may enter or transit the safety zone Paperwork Reduction Act information

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collection requirements contained in provide fill-in and/or nighttime service. review of ‘‘stand alone’’ FM translator this document, contact Cathy Williams The Commission further proposed that assignment applications granted over at 202–418–2918, or via the Internet at such translator stations must strictly the past year has determined that the [email protected]. comply with the existing fill-in coverage vast majority of stations have sold for SUPPLEMENTARY INFORMATION: This is a area technical restrictions on FM under $100,000, and a substantial synopsis of the Commission’s First translators re-broadcasting AM stations, majority of those for less than $50,000. Report and Order (First R&O), FCC 15– that any translator acquired through this Providing AM broadcasters with a 142, adopted October 21, 2015, and one-time window could be used only to greater opportunity to benefit from this released October 23, 2015. The full text re-broadcast the signal of the AM station secondary market will provide them of the First R&O is available for acquiring it, and that such a translator with tangible and immediate relief. inspection and copying during regular could not be assigned or transferred Accordingly, the Commission adopted a business hours in the FCC Reference except in conjunction with the two-pronged approach to enable more Center, 445 Twelfth Street SW., Room commonly owned AM primary station. AM stations to acquire FM translators. CY–A257, Portals II, Washington, DC The Commission sought comment on First, the Commission directed the 20554. To request materials in this proposal and its limitations. The Media Bureau to administer in 2016 a accessible formats for people with Commission opted to continue allowing process where an AM licensee or disabilities (Braille, large print, so-called ‘‘Mattoon waivers,’’ which permittee seeking to rebroadcast on an electronic files, audio format), send an allow broadcasters to relocate FM FM translator may acquire and relocate email to [email protected] or call the translators intended to rebroadcast AM one and only one authorized non- Consumer and Governmental Affairs stations farther than would be allowed reserved band FM translator station up Bureau at 202–418–0530 (voice), 202– under the Commission’s rules for minor to 250 miles, and specify any rule- 418–0432 (TTY). modifications of translator stations. compliant non-reserved band FM Paperwork Reduction Act of 1995 2. Although there was strong support channel, as a minor modification Analysis for the AM-only new FM translator application. Second, the Commission auction filing window proposed in the directed the Media Bureau, in This First Report and Order (First NPRM, the Commission found that there conjunction with the Wireless R&O) adopts new or revised information are issues that call into question Telecommunications Bureau (Bureaus), collection requirements, subject to the whether it should limit the approach to to open new FM translator application Paperwork Reduction Act of 1995 (PRA) opening such a window as proposed. auction windows, beginning in 2017, for (Pub. L. 104–13, 109 Stat 163 (1995) Chief among its concerns was the time AM stations that do not file a (codified in 44 U.S.C. 3501–3520)). it would take for such a window to modification application in 2016. Class These information collection C and D stations will be able to take requirements were submitted to the open. Commenters in this proceeding discuss the need for immediate relief, advantage of the modification window Office of Management and Budget and the auction window first, prior to (OMB) for review under Section 3507(d) but given other auction commitments, the Commission determined that it is second windows that will be available of the PRA. The Commission received to all classes. OMB preapproval for the information not possible at this time to provide such collection requirements on January 28, relief in the short term with a new FM 3. The Commission also asked in the 2014. The information collection translator station auction filing window. NPRM whether, between expanding the requirements were adopted as proposed. However, it is possible to provide short- number of FM translators eligible to re- The Commission will activate the term relief to AM broadcasters by broadcast AM stations and opening the burden hours in OMB’s inventory. providing a window where AM stations window proposed in this proceeding, These information collection would be provided greater flexibility to there would continue to be a need for requirements are preapproved under move FM translators. This window so-called Mattoon waivers and, if not, OMB control number 3060–1194, would take advantage of the availability when the policy of granting such Section 73.1560(a)(1) and FCC Form of existing FM translators that can be waivers should be eliminated. Most 338. In addition, we note that pursuant obtained by many AM broadcasters commenters favored retention of to the Small Business Paperwork Relief seeking to enhance their local service. Mattoon waivers, adoption of the Act of 2002, Public Law 107–198, see 44 Based upon a staff analysis of proposed Tell City waivers and, for U.S.C. 3506(c)(4), we previously sought applications available in the Media some cases, codifying the Mattoon specific comment on how the Bureau’s Consolidated Data Base System waiver policy in our Rules. Although Commission might ‘‘further reduce the (CDBS), since 2003 the number of FM there has been and will likely continue information collection burden for small translator stations has increased by 65 to be an expansion of the number of FM business concerns with fewer than 25 percent (from approximately 3,800 to translator stations available to employees.’’ approximately 6,300). This number is rebroadcast AM stations, the decision to likely to grow in the next 12 to 18 delay opening an exclusive AM-new FM Synopsis of Order months, as more FM translator permits translator window in favor of opening a 1. With this First R&O, the are awarded from the Auction 83 filing modification window may limit FM Commission addresses the proposals set window, to the point where there could translator acquisition options for some forth in the Notice of Proposed Rule be up to twice the number of translators AM licensees. Because of this, some Making in this proceeding, FCC 13–139, that existed in 2003. Further, the flexibility in relocating such fill-in FM 28 FCC Rcd 15221 (2013) (NPRM). The secondary market for FM translator translators will continue to be Commission proposed in the NPRM to stations is robust: Since the necessary. The Mattoon waiver policy open a one-time filing window, open to Commission’s 2009 decision to allow requires satisfaction of three criteria: (1) AM licensees and permittees only, to AM stations to be rebroadcast over FM The applicant does not have a history of apply for and receive authorizations for translators, almost 4,000 translators filing serial minor modification one new FM translator station per AM have changed hands, of which over 600 applications; (2) the proposed site is station, for the sole and limited purpose were sold to AM stations for use as mutually exclusive with the licensed of re-broadcasting the AM signal to cross-service fill-in translators. A staff translator facility; and (3) the translator

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will rebroadcast the proposed AM Commission noted that spectrum the new location. The Commission also primary station for a period of four years congestion in the largest markets will directed the Media Bureau to of on-air operation, exclusive of silent significantly limit opportunities for expeditiously initiate a three-month periods, commencing with the initiation translator station relocations. The outreach effort to promote Class C and of on-air service at the new location. Commission will accept applications to Class D participation in this Under the circumstances, the modify authorized FM translator modification window filing process; to Commission directed the Media Bureau stations that the AM station licensee or develop, as practicable, technical tools to continue granting Mattoon waivers, permittee either owns, for which it is similar to those created for the LPFM including the four-year operating the proposed assignee or transferee in a window to assess spectrum availability condition, in appropriate cases. Until pending application (a proposed and potential FM translator acquisition and unless a different procedure is assignee or transferee may file in its options; and to establish streamlined announced on review of the pending own name an application to modify the procedures for handling inquiries from Tell City waiver case (Way Media, Inc., subject translator authorization. See 47 the AM and FM translator broadcast Letter, 29 FCC Rcd 11287, 11287 (MB CFR 73.3517(a)), or for which it has a community. The modification windows 2014), review pending), however, the rebroadcasting agreement. The are to be opened upon completion of Mattoon waiver policy will not be Commission further directed the Bureau this outreach.2 extended beyond its current limits as to open the first modification window 5. The modification windows, as described above, including as proposed for six months, and to make the first noted above, can provide near-term by the Tell City applicant, except as window available only to applications relief to AM broadcasters. However, discussed below for the limited purpose to modify and/or relocate FM translator some AM stations may not be successful of the modification window adopted in stations rebroadcasting Class C and D in locating translators, notwithstanding this First R&O. AM stations, on a one translator per AM the availability of rule-compliant FM 4. Although the availability of existing station basis. Class C and D stations, translator channels in their and to-be-authorized FM translator because of their limited power or lack communities. Therefore, to further stations and the use of Mattoon waivers of protected nighttime service, will promote the long-term viability of the should provide an ample supply of benefit most from the acquisition of a AM service, the Commission also translators for fill-in use by many AM cross-service translator, and thus should directed the Bureaus to open two new stations, the Commission recognized be afforded the first opportunity to FM translator application auction that the availability of such translator obtain one. The second window, to windows, beginning in 2017,3 for those stations may not, in many cases, open at the end of the initial six-month AM licensees and permittees that do not completely satisfy demand. Some AM window, would be open for an participate, i.e., file an application, in broadcasters might enjoy a sufficient additional three-month period, and one of the modification windows.4 The supply of translators that conform with would be available to applications to first FM translator auction window, as Commission siting rules, while others modify and/or relocate FM translator with the initial modification window, may have more difficulty in locating stations rebroadcasting any AM station shall be limited to Class C and D AM potentially rule-compliant translators. of any class, including Class C and D Still other AM broadcasters, particularly stations that did not file an application 2 The pending Tell City waiver request could those whose stations have limited in the initial window, also on a one likely qualify for processing under the waiver power (Class C) or lack protected procedures announced herein. However, in order to translator per AM station basis. In promote a fair process for all AM stations in nighttime service (Class D), might need return for this one-time rule waiver, the reallocating FM translator spectrum, including to additional time to arrange the financing Media Bureau was directed to impose spectrum limited markets, the Commission will not necessary to enter the market for an FM on translators relocated and/or modified afford that proposal cut-off rights over other filings. translator station. For this reason, the The Commission also directed the Media Bureau to using the waiver the same four-year dismiss, without further consideration, waiver Commission directed the Media Bureau operating condition currently attached requests filed prior to and in anticipation of the to announce, by Public Notice, two to FM translators relocated using opening of the modification application filing modification windows during which an Mattoon waivers. Thus, the modified windows. AM licensee or permittee seeking to FM translator must rebroadcast the FM 3 In order to ensure the efficient processing of these auction applications, the Commission rebroadcast on an FM translator may, on translator modification applicant’s directed the Bureaus to undertake and complete all a first-come, first-served basis, acquire specified AM primary station for a revisions to Form 175 necessary to collect the FM and relocate one and only one period of four years of on-air operation, translator technical specifications, and also directed authorized non-reserved band FM exclusive of silent periods, commencing the Bureaus to hold an auction for all remaining mutually exclusive commercial Auction 83 translator station up to 250 miles, and with the initiation of on-air service at applications following the completion of the specify any rule-compliant non-reserved Incentive Auction, Auction 1000, and prior to the band FM channel, as a minor applicants in one of these two modification first FM translator auction window. modification application, windows may seek waivers of these construction 4 The NPRM proposed a ‘‘one-to-a-customer’’ FM notwithstanding 47 CFR 74.1233(a)(1), deadlines. See 47 CFR 1.3. Waivers can expand translator window to provide limited, targeted relief cross-service broadcasting opportunities for AM to AM stations. See NPRM, 28 FCC Rcd at 15228. which defines major and minor stations, will allow AM licensees to realize service Thus, the Commission declined to permit one class modifications of FM translator facilities. improvements quickly, will incentivize FM of eligible applicants to double the number of FM This distance limitation is designed to translator permittee participation in the translator authorizations that they could acquire substantially expand purchase options modification window process, and will provide a under these window procedures. Given the supply means to avoid the delays and administrative of translator authorizations, the palpable demand for AM stations, particularly those burdens of re-auctioning this spectrum. for FM translator licensees by other stakeholders, serving smaller markets and rural areas. Accordingly, the Commission found that a waiver and the relief afforded by the modification It is also designed to not disrupt the of an Auction 83 FM translator construction windows, AM licensees and permittees will be current secondary market for translator deadline is presumptively in the public interest for eligible to participate in either one modification or 1 applicants participating in one of the modification one auction window, but not both. AM station authorizations. In this regard the windows, provided that the AM station licensee assignments or transfers during the multi-window proposing to use the FM translator for process will not create an opportunity for new 1 A substantial majority of the approximately rebroadcasting its AM station commits to prompt owners to participate in an auction window when 1300 outstanding Auction 83 construction permits FM translator station construction and initiation of the former licensee participated in a modification are scheduled to expire in 2016. Modification broadcast operations. window.

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permittees and licensees that have not within the first four years of licensed nighttime interference-free (NIF) service participated in either modification on-air operation of the applicant station, was reduced. Most commenters window. The second FM translator exclusive of any periods of reduced supported this proposal. Accordingly, auction window, to be opened as soon operations or silence pursuant to special the Commission deleted the ratchet rule, as possible after the first window has temporary authorizations. Should the as proposed in the NPRM, agreeing with closed and applicants in the first Bureau find there is no compelling the commenters that confirmed the window have had an opportunity to reason warranting reduced community rule’s negative consequences recited in resolve mutual exclusivity through coverage during this period, it may the NPRM, as well as with long- and settlement or technical resolution, will dismiss the modification application. short-term benefits identified by be open to all AM permittees and 7. Likewise, the Commission adopted commenters, including cost reduction to licensees that have not participated in the NPRM proposal to eliminate the AM broadcasters making station any of the prior modification or auction nighttime community coverage improvements, economic benefits to windows. The Commission believed requirement for existing licensed AM local AM stations and their that the threshold qualification of stations, and modify the nighttime communities served through expanded affording relief first to Class C and D community coverage requirement in 47 nighttime broadcasting and consequent stations, with limited power or no CFR 73.24(i) to require that applicants expansion to local advertising protected nighttime service, represented for new AM stations and those AM platforms, and the ability of the best approach among the many stations seeking a change to their communities served by AM stations proposed by commenters. The FM communities of license cover either 50 affected by the ratchet rule to receive translator auction windows will percent of the population or 50 percent information concerning local events, or otherwise follow the NPRM proposal, of the area of the communities of license emergencies at night, among others. with a nighttime 5 mV/m signal or a insofar as participation will be limited 9. In the NPRM, the Commission also nighttime interference-free contour, to AM permittees and licensees, each proposed modifications to the rules whichever value is higher. It declined to applicant may apply for one and only affecting AM stations using Modulation eliminate completely nighttime one translator station that must comply Dependent Carrier Level (MDCL) control community of license coverage with Commission siting rules for FM technologies. MDCL control requirements for new AM stations and fill-in translators rebroadcasting AM technologies vary either the carrier or those changing community of license, as stations, and any translator acquired the carrier and sideband power levels as well as for permittees of unbuilt stations through the FM translator auction a function of the modulation level, thus windows will be permanently linked to seeking to modify their authorizations, in the interest of striking the appropriate allowing the licensee to reduce the AM primary station acquiring it. See transmitter power consumption while NPRM, 28 FCC Rcd at 15227. Just as in balance between the need to provide relief to AM broadcasters with few maintaining audio quality and signal FM Translator Auction 83, these new coverage. Both basic types of MDCL FM translator auction windows will siting options (amplified by the added complexity of AM nighttime skywave control technologies and various include opportunities for mutually systems reduce the station’s antenna exclusive applicants to resolve their signal propagation and concomitant signal restrictions), and the need to input power to levels not permitted by mutual exclusivity through settlements 47 CFR 73.1560(a). The Commission or technical resolutions. See FM provide the community of license with some kind of service at night. As with proposed to: (1) Amend 47 CFR Translator Auction 83 Mutually the change to daytime community 73.1560(a) of the Rules to provide that Exclusive Applications Subject to coverage requirements, the Commission an AM station may commence MDCL Auction, Public Notice, 28 FCC Rcd instructed the Media Bureau to examine control operation without prior 9716 (MB 2013); 47 CFR 73.5002(c), (d). closely any request by a station to Commission authority, provided that 6. The Commission also adopted the reduce nighttime community coverage the AM station licensee notifies the NPRM proposal to modify the daytime during its first four years of licensed on- Commission of the station’s MDCL community coverage requirement air operation, and granted the Bureau control operation within 10 days after contained in 47 CFR 73.24(i), for discretion to dismiss any such commencement of such operation using existing licensed AM facilities only, to application absent a compelling reason the Media Bureau’s Consolidated require that the daytime 5 mV/m warranting reduced nighttime service. Database System (CDBS) Electronic contour encompasses either 50 percent 8. The Commission proposed in the Filing System; (2) require, regardless of of the area, or 50 percent of the NPRM to delete the so-called ‘‘ratchet the MDCL control technology employed, population of the principal community rule,’’ which effectively requires that a that the AM station’s transmitter must to be served. This rule modification is Class A or B AM broadcaster, seeking to achieve full licensed power at some intended to provide relief to existing make facility changes that modify its audio input level, or when the MDCL broadcasters—some of which have held AM signal, demonstrate that the control technology is disabled; and (3) AM licenses for many decades—that improvements will result in an overall require an AM station using MDCL may find themselves lacking the reduction in the amount of skywave control technology to disable it before flexibility to relocate their transmission interference that it causes to certain field strength measurements on the facilities in order to meet the rule’s other AM stations (primarily by station are taken by the licensee or community coverage requirements, due ‘‘ratcheting back’’ radiation in the others. Most commenters supported to expansion of community boundaries direction of certain other AM stations). these proposals, although some noted and/or lack of available land to which 47 CFR 73.182(q) n.1. Two engineering that MDCL control technologies to relocate antennas. However, in order firms filed a 2009 petition to eliminate generally benefit only those AM stations to preserve the limited intent of this rule the ratchet rule, contending that the using newer transmitters, which are the modification, the Commission rule’s practical effect was to discourage only ones with which MDCL control authorized the Media Bureau to inquire station improvements, because technologies are compatible. The into the facts justifying any modification compliance with the rule more often Commission adopted the proposals as that would reduce the percentage of than not required the modifying station set forth in the NPRM. AM stations must community population or area coverage to reduce power to the point that net electronically notify the Media Bureau

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of the station’s MDCL control operation AM transmission systems. Commenters, modified the rules relating to AM within 10 days after commencement of for the most part, expressed support for antenna system efficiency. such operation using FCC Form 338— relaxing the AM efficiency standards, 13. In the First R&O, the Commission AM Station MDCL Notification, but did not provide the specificity addressed issues raised in the NPRM. available in the CDBS Electronic Filing requested in the NPRM. Additionally, The Commission, in the NPRM, System. The Commission declined to several commenters offered cautions explained that it had not done a impose additional requirements regarding potential problems with comprehensive review of the AM regarding certification of third-party shorter, less efficient radiators, service in almost 25 years. Moreover, in MDCL products, or any other rule including decreased signal stability and the years since the last comprehensive changes with regard to MDCL operation. increased skywave interference. The review of the AM service, listenership The Commission continues to hold Commission therefore adopted the had declined due to several factors, broadcasters responsible for their proposal as set forth in the NPRM, including: The introduction of new signals, and for any interference reducing the existing AM antenna media with higher audio fidelity, such resulting from those signals efficiency standards by 25 percent as a as CDs, digital media players, and FM (interference that has not to this point means to provide relief to AM digital radio; increased interference been reported from those broadcasters broadcasters. The Commission did, among AM stations; and increased currently employing MDCL control however, agree with some commenters interference from non-broadcast technologies). The Commission stated it who suggested that it should collect sources, such as computers, LED light would revisit this position if more real-world data on alternative and bulbs, power supplies, and utility lines. interference from third-party MDCL less-efficient AM transmission systems. Based in part on separate pleadings and products were to become a problem, but Accordingly, the Commission also petitions for rule making filed by noted that it would be up to the directed the Media Bureau to entertain stakeholders, the Commission in the broadcaster employing such a product requests by existing AM broadcasters for NPRM outlined six proposals designed to remedy the situation should experimental authorizations to operate to offer assistance to AM broadcasters in interference arise. with antenna systems that do not meet light of the various difficulties surrounding the AM service. 10. In the NPRM the Commission the modified antenna efficiency rules, provided that they can establish that 14. After considering the comments discussed a proposal by the filed in response to the NPRM, the Multicultural Media, Telecom, and such operation will not increase interference to other domestic or Commission determined that there were Internet Council (MMTC), in which impediments to the immediate opening MMTC argued for the elimination of the international AM stations and can demonstrate the stability of such of a filing window limited to AM Commission’s minimum efficiency licensees and permittees wishing to systems. Such applications may be standards for AM transmission systems obtain FM translator stations, including made by informal application pursuant (found in 47 CFR 73.182 and 73.189), the time it would take to open such a to 47 CFR 5.203, and shall be subject to replacing them with a ‘‘minimum window, and the wide availability of the monitoring and reporting radiation’’ standard. In MMTC’s view, FM translator stations including the requirements in that section and such the minimum efficiency standards number expected to be authorized in the other conditions as the Media Bureau hindered AM broadcasters, because they near future. It concluded that the correct may require. require a certain height antenna and approach, to offer near-term relief to AM length of ground radials for a station at Final Regulatory Flexibility Analysis broadcasters, was to open two windows a given frequency, causing difficulties in allowing the modification and/or finding compliant sites for towers and 11. As required by the Regulatory relocation of FM translators to ground systems. MMTC argued that an Flexibility Act of 1980, as amended rebroadcast AM stations. These AM broadcaster should be able to use a (RFA), 5 U.S.C. 603, an Initial windows would be preceded by a three- less efficient—but also less space- Regulatory Flexibility Analysis (IRFA) month period of outreach by the Media intensive—transmission system, driving was incorporated in the NPRM to this Bureau to AM stations with limited the system with more power to offset proceeding (24 FCC Rcd 5239 (2009)). power and/or no protected nighttime the lack of efficiency. The Commission The Commission sought written public service (Class C and D stations). observed in the NPRM that MMTC’s comment on the proposals in the NPRM, Following this period of outreach, the proposal lacked specifics as to the including comment on the IRFA. The Media Bureau will open a six-month appropriate replacement ‘‘minimum Commission received no comments on window in which an AM station seeking radiation’’ standard, noting that the the IRFA. This Final Regulatory to rebroadcast on an FM translator may, Rules contained similar provisions for Flexibility Analysis (FRFA) conforms to on a first-come, first-served basis, apply applicants seeking to avoid the the RFA (5 U.S.C. 604). to acquire and relocate one and only one minimum antenna efficiency standards. Need for, and Objectives of, the First authorized non-reserved band FM The Commission also stated that it did Report and Order translator station up to 250 miles, and not believe the record was sufficiently specify any rule-compliant non-reserved developed to propose wholesale rule 12. This First Report and Order (First band FM channel, as a minor changes to the minimum antenna R&O) adopts changes to certain modification application efficiency standards. In order to provide technical rules and processes relating to notwithstanding 47 CFR 74.1233(a)(1), some relief to AM broadcasters finding the AM broadcast radio service. In the which defines major and minor it increasingly difficult to locate rule- First R&O, the Commission modified modifications of FM translators. This compliant antenna sites, however, the daytime and nighttime community first modification window will be Commission proposed to reduce the AM coverage requirements for certain AM available only to applications to modify antenna efficiency standards by 25 stations; eliminated the so-called AM and/or relocate an FM translator station percent. The Commission also Ratchet Rule; adopted a new form rebroadcasting a Class C or D AM encouraged commenters to provide notification procedure for stations station, on a one translator per AM specifics as to any proposed implementing Modulation Dependent station basis. The first modification replacement or alternative standard for Carrier Level Control Technologies; and window will be followed by a second,

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three-month modification window, MMTC’s reasoning was that some the comments to the NPRM proposal to open for applications to modify and/or existing stations were unable to comply allow AM stations to initiate MDCL relocate an FM translator rebroadcasting with the requirements that an AM control technologies by simply notifying any AM station of any class, including station place a 5 mV/m daytime signal the Commission, rather than seeking a Class C or D station that did not over at least 80 percent of its authorization to do so, as had been the participate (i.e., file an application) in community of license, and that at least procedure. MDCL control technologies the initial modification window, also on 80 percent of the community of license vary a station’s radiated power with a one translator per AM station basis. be encompassed by either a 5 mV/m carrier modulation, enabling power FM translator stations modified and/or nighttime signal or an NIF signal (except savings. The Commission adopted this relocated during these modification in the case of Class D stations, which proposal. windows will be subject to the same have no protected nighttime service). 18. The last of the proposals set forth four-year operating condition currently MMTC argued that, as communities in the NPRM was to modify the AM attached to FM translators relocated grow and boundaries expand farther antenna efficiency standards set forth in using Mattoon waivers. from an AM transmitter site, it becomes the Commission’s Rules. MMTC had, in 15. To further promote the long-term impossible for the station to comply its 2009 Radio Rescue Petition, argued viability of the AM service, the with the community coverage rules, and that the Commission’s long-standing Commission also directed the Bureaus further argued that scarcity of land rules mandating minimum lengths for to open, in 2017 after completion of the suitable for AM transmission systems AM radiators and ground systems, to Incentive Auction, Auction 1000, two makes it difficult or impossible for such assure efficient transmission, were auction windows for new FM translator stations to find rule-compliant outdated and limited AM stations’ stations to rebroadcast AM stations, transmitter sites. MMTC thus suggested, flexibility in choosing transmission open to AM licensees and permittees and the Commission proposed, that the system sites in an era of diminished that did not file applications in either of rule be changed to allow an existing AM property availability for such sites. the modification windows. As with the station to cover only 50 percent of either MMTC suggested replacing the modification windows, the first new FM the population or the area of its minimum efficiency standards with a translator auction window will be community of license with a 5 mV/m ‘‘minimum radiation’’ standard, its limited to applications filed by licensees signal during the day, and to eliminate contention being that a station should or permittees of Class C and D AM the community of license coverage be allowed to choose to operate a less stations, on a one translator per station requirement at night. Additionally, the efficient, less space-intensive basis, that did not file applications in Commission proposed to allow a new transmission system, making up for the the modification windows. After close AM station or one changing its lack of system efficiency by using more of the first new FM translator auction community of license to encompass input power to the system to yield the window, and after applicants in that only 50 percent of either the population same amount of radiated power. The window have had the opportunity to or area of the community of license Commission questioned some of the resolve mutual exclusivity through within its nighttime 5 mV/m contour or assumptions underlying MMTC’s settlement or technical resolution, the its NIF contour, whichever value is proposal, but agreed that some Bureaus will open a second new FM higher. Based on substantially favorable reduction in the antenna efficiency translator auction window, which will commenter support, the Commission standards might provide some relief to be open to all AM licensees and adopted these proposals, adding the AM broadcasters. Accordingly, the permittees, of any class, that did not proviso that any request to utilize the Commission proposed a 25 percent participate in either of the modification new community coverage standards reduction in the antenna efficiency windows or the first auction window. within the first four years of on-air standards, and requested comment on The new FM translator auction operations, exclusive of any periods of the technical underpinnings to any windows will otherwise follow the reduced operation or silence, would be further reduction in, or elimination of, proposal in the NPRM: Participation met with increased scrutiny and granted those standards. will be limited to AM licensees and only upon a compelling showing. permittees, each applicant may apply Summary of Significant Issues Raised for one and only one translator station 17. The Commission also proposed, in by Public Comments in Response to the that must comply with our siting rules the NPRM, to eliminate the so-called IRFA for FM fill-in translators rebroadcasting ‘‘ratchet rule.’’ This rule required a 19. There were no comments filed AM stations, and any translator Class A or B AM station proposing that specifically addressed the rules and acquired through the FM translator signal modifications to demonstrate an policies proposed in the IRFA. auction windows will be permanently overall reduction in the amount of Description and Estimate of the Number linked to the AM primary station skywave interference it caused to other of Small Entities to Which the Proposed acquiring it. Both new FM translator AM stations; in other words, the Rules Will Apply auction windows will include modifying station was required to opportunities for mutually exclusive ‘‘ratchet back’’ radiation in the direction 20. The RFA directs the Commission applicants to resolve their mutual of certain other AM stations. Two to provide a description of and, where exclusivity through settlements or engineering firms filed a 2009 petition feasible, an estimate of the number of technical resolutions. for rulemaking to eliminate the ratchet small entities that will be affected by the 16. In the NPRM, the Commission rule, claiming that the rule’s practical rules adopted herein. 5 U.S.C. 603(b)(3). also proposed to change the daytime effect was not, as intended, to reduce The RFA generally defines the term and nighttime community coverage nighttime skywave interference, but ‘‘small entity’’ as having the same requirements for AM stations. It noted rather to discourage station meaning as the terms ‘‘small business,’’ that MMTC had filed a 2009 petition for improvements and NIF service by the small organization,’’ and ‘‘small rule making, which it styled a ‘‘Radio modifying station. The Commission government jurisdiction.’’ 5 U.S.C. Rescue Petition,’’ in which among other adopted this proposal after near- 601(6). In addition, the term ‘‘small things it sought some flexibility in universal approval by commenters. business’’ has the same meaning as the transmitter siting for AM stations. Likewise, there was little opposition in term ‘‘small business concern’’ under

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the Small Business Act. 5 U.S.C. 601(3) qualify as small entities under the SBA some or all AM station licensees and (incorporating by reference the definition. permittees would assist those entities, definition of ‘‘small business concern’’ the Commission concluded that Description of Projected Reporting, in 15 U.S.C. 632). A small business Record Keeping and Other Compliance immediately opening such a window concern is one which: (1) Is Requirements would be impractical, and could disrupt independently owned and operated; (2) the robust secondary market in FM is not dominant in its field of operation; 23. As described, certain rules and translators. It decided instead to and (3) satisfies any additional criteria procedures will change, although the implement, first, a period of outreach to established by the Small Business changes will not result in substantial Class C and D AM station licensees and Administration (SBA). 15 U.S.C. 632. increases in burdens on applicants. The permittees, which have lower power 21. The subject rules and policies Commission has added a new form, FCC and/or no protected nighttime service, potentially will apply to all AM radio Form 338, which an AM station must to assist them in locating existing broadcasting licensees and potential use to notify the Commission that it is translators that could meet their needs. licensees. A radio broadcasting station initiating operation using MDCL control Immediately following a three-month is an establishment primarily engaged in technologies. Use of FCC Form 338, outreach period, the Commission will however, replaces the current procedure broadcasting aural programs by radio to open two windows in which applicants whereby an AM station makes a request the public. 15 U.S.C. 632. Included in may propose to relocate an existing FM to use MDCL control technologies. Use this industry are commercial, religious, translator up to 250 miles, and/or of the form is not only less burdensome educational, and other radio stations. modify a translator to specify any rule- than the previous request process, but Radio broadcasting stations which enables the applicant to initiate MDCL compliant non-reserved FM channel. primarily are engaged in radio operation immediately, rather than This procedure is expected to lower broadcasting and which produce radio waiting for Commission approval. The prices for FM fill-in translators for AM program materials are similarly remaining rule changes adopted in the stations by opening up the available included. However, radio stations that First R&O are substantive and do not market, thus benefiting AM station are separate establishments and are involve application changes, reporting owners, and would also benefit small primarily engaged in producing radio requirements, or record keeping businesses owning FM translator program material are classified under requirements beyond what is already stations. The first, six-month another NAICS number. The SBA has required. For example, currently modification window would be open established a small business size applicants for AM construction permits only to applicants proposing to modify standard for this category, which is: or modifications are required only to FM translators rebroadcasting Class C Firms having $38.5 million or less in certify that they comply with the and D AM stations, followed by a annual receipts. 13 CFR 121.201, NAICS community coverage requirements of 47 second, three-month window open to code 515112 (updated for inflation in CFR 73.24(i). Such applicants will applicants to modify translators to 2008). According to the BIA/Kelsey, continue to do so, but under a less rebroadcast any class of AM station, MEDIA Access Pro Database on October stringent rule standard in some cases. including for Class C and D stations for 15, 2015, 4,691 (99.94%) of 4,694 AM which there were no applications in the radio stations have revenue of $38.5 Steps Taken To Minimize Significant first window. All modification million or less. Therefore, the majority Impact of Small Entities, and applications filed in the windows will of such entities are small entities. The Significant Alternatives Considered be on a one translator-per-AM station Commission noted, however, that, in 24. The RFA requires an agency to basis, and any translator stations assessing whether a business concern describe any significant alternatives that modified pursuant to modification qualifies as small under the above it has considered in reaching its window applications will be subject to definition, business (control) affiliations proposed approach, which may include the same four-year operating condition must be included. 13 CFR 121.103(a)(1). the following four alternatives (among currently attached to translators Our estimate, therefore, likely overstates others): (1) The establishment of modified pursuant to Mattoon waivers. the number of small entities that might differing compliance or reporting The modification windows will provide be affected by our action, because the requirements or timetables that take into short-term relief to AM broadcasters. revenue figure on which it is based does account the resources available to small They will be followed, upon completion not include or aggregate revenues from entities; (2) the clarification, of the Commission’s Incentive Auction affiliated companies. consolidation, or simplification of proceeding, by two auction windows for 22. The proposed policies could affect compliance or reporting requirements AM licensees and permittees seeking to licensees of FM translator stations, as under the rule for small entities; (3) the obtain new FM translator stations. The well as potential licensees in this radio use of performance, rather than design, two new FM translator auction windows service. The same SBA definition that standards; and (4) an exemption from will follow a similar pattern to the applies to radio broadcast licensees coverage of the rule, or any part thereof, modification windows: the first will be would apply to these stations. The SBA for small entities. 5 U.S.C. 603(c)(1)– open only to Class C and D AM defines a radio broadcast station as a (c)(4). licensees and permittees whose stations small business if such station has no 25. With regard to the proposals in the were not participants in either more than $38.5 million in annual NPRM, the Commission received many modification window, while the second receipts. Currently, there are comments proposing different plans for will be open to all AM licensees and approximately 6,312 licensed FM an FM translator window limited to permittees whose stations were not translator and booster stations. In applicants that hold AM station participants in either modification addition, there are approximately 225 authorizations. Most of these comments window or the first auction window. applicants with pending applications centered around whether the window The new FM translator auction filed in the 2003 translator filing could be limited to certain AM windows will otherwise be subject to window. Given the nature of these broadcasters, and to whom it should be the same conditions set forth in the services, the Commission will presume limited. Ultimately, while recognizing NPRM, including the limitation of one that all of these licensees and applicants that an exclusive window limited to and only one application per applicant,

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for an FM translator station that must service requirements. Additionally, it is 29. The Commission also received comply with our siting rules for FM fill- not necessarily a burden on radio many comments on its proposal to relax, in translators rebroadcasting AM stations to require that they cover as but not eliminate, AM antenna system stations, which will be permanently much population as possible, because efficiency rules. The Commission linked to the AM primary station increased listenership typically proposed a 25 percent reduction in the acquiring it. Both new FM translator translates into increased advertising minimum standards for radiators. The auction windows will include revenue. Thus, while the Commission most significant alternative to this opportunities for mutually exclusive considered these alternatives, it proposal, put forward by many applicants to resolve their mutual concluded that the proposals as adopted commenters, was to eliminate the exclusivity through settlements or provided the most relief to AM efficiency standards for AM technical resolutions. In adopting this broadcasters while still adhering to the transmission systems altogether, leaving process of modification windows requirements of the Communications it to the individual broadcaster to followed by new translator auction Act and the expectation that a station decide how much power to feed into the windows, the Commission intends to will provide local service. system in order to achieve the level of provide immediate relief through a 27. As for the proposed repeal of the signal radiation needed to provide rule- modified secondary translator market ratchet rule, the vast majority of compliant coverage. Such a proposal, for AM broadcasters that are small commenters favored that repeal because while power-intensive, would allow AM businesses, while providing some of of the burdens the rule placed on broadcasters to install less-efficient those businesses an opportunity to broadcasters seeking to improve their transmission systems in smaller plots of acquire a new fill-in FM translator at a facilities and, thus, their signal land, using radiators (towers) short later time, if that better comports with coverage. There were no significant enough to avoid zoning or FAA their situation. alternatives to consider other than strictures. In considering this leaving the rule in effect, which was 26. With regard to the other, more alternative, however, the Commission only favored by a few commenters. technical proposals in the NPRM, the was also informed by those commenters Those favoring retention of the rule did Commission’s proposals were in most pointing out that inefficient AM so in order to retain the interference transmission systems, with short towers cases supported by a majority of reduction benefits for which it was and/or ground systems, tend to be commenters, giving little reason to designed. The Commission, however, unstable, and might also result in consider alternatives. The proposals to agreed with those commenters, greater levels of high-angle skywave reduce community coverage including many broadcasters, who interference to other stations. The requirements for existing AM argued that the benefits of increased Commission seeks to reduce burdens on broadcasters were grounded in the idea flexibility in facility improvement AM broadcasters, but must also protect that such broadcasters, small businesses outweighed the minimal interference the integrity of the service, including that in some cases had occupied their reduction resulting from the ratchet minimizing inter-station interference. transmitter sites for decades, could not rule’s application. After considering the alternatives, the easily change transmitter sites because 28. The Commission’s proposal Commission concluded that adopting its their communities of license had grown, regarding notification procedures for proposed 25 percent reduction of AM and land had become increasingly MDCL control technology use by AM antenna system efficiency standards expensive, thus making it difficult or broadcasters did not involve a represented the best accommodation impossible to locate new, rule- substantive change in the rules, merely between those considerations. It also compliant sites. Relaxing the a procedural change whereby AM decided, however, that more real-world community coverage standards for broadcasters wishing to use such data on inefficient AM transmission existing AM stations reduces burdens technologies would no longer have to systems was called for, and therefore on such businesses by relieving them of seek leave to do so, but would notify the indicated that it would be willing to the obligation to locate other, more Commission of the fact. Those allow the installation of alternative or expensive transmitter sites or upgrading commenters opposed to the proposal inefficient systems on an experimental their equipment to meet those did not oppose it as much as question basis, upon a showing that such systems standards. Some commenters suggested the benefits of MDCL control are stable and will not cause excessive that the Commission abandon technologies, observing that they are interference to other AM stations, and community coverage rules altogether, or only available to stations with newer subject to the monitoring and reporting re-define ‘‘community’’ to mean transmitters, that in some cases the requirements in Part 5 of the something other than geographic power savings are minimal, and that the Commission’s Rules. Data gleaned from boundaries. While such re-definitions fluctuations in signal power could result such experimental operations, it is would provide further relief to AM in decreased listenability. These hoped, will allow the Commission to broadcasters, the Commission rejected objections, however, do not go to the consider, in the future, whether the AM them in part because 47 U.S.C. 307(b) Commission’s proposal, which merely antenna system efficiency rules could be requires that radio stations be assigned makes it easier for those AM stations relaxed further or eliminated. fairly and equitably among the several opting to use MDCL control States and communities, and that any technologies to do so. Although the Report to Congress re-definition of ‘‘community’’ would proposal does introduce a new 30. The Commission will send a copy run counter to the Commission’s notification form, this form replaces the of the First R&O, including this FRFA, historic expectation that a radio station former system of requesting leave to use in a report to be sent to Congress and meet its local service obligations, that is, MDCL control technologies, and should the Government Accountability Office provide service to the designated result in an overall decrease in the pursuant to the Small Business community, and adapt its programming burden on AM stations electing to use Regulatory Enforcement Fairness Act of to the shifting needs of that community. the technologies. The Commission thus 1996. 5 U.S.C. 801(a)(1)(A). In addition, The principle of broadcast localism, decided that adoption of the proposal the Commission will send a copy of the which derives from Section 307(b), should be favored over retention of the First R&O, including the FRFA, to the requires that there be certain minimum prior procedure. Chief Counsel for Advocacy of the Small

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Business Administration. A copy of the either the carrier power level or both the free contour, whichever value is higher. First R&O and FRFA (or summaries carrier and sideband power levels as a That Class D stations with nighttime thereof) will also be published in the function of the modulation level. authorizations need not demonstrate Federal Register. (See 5 U.S.C. 604(b)). * * * * * such coverage during nighttime operation. Ordering Clauses ■ 3. In § 73.21 revise paragraphs (a)(2) and (3) to read as follows: * * * * * 31. Accordingly, it is ordered that ■ 5. In § 73.182 revise the first sentence pursuant to the authority contained in § 73.21 Classes of AM broadcast channels in paragraph (a)(1)(ii) introductory text; Sections 1, 2, 4(i), 303, 307, and 309(j) and stations. revise paragraph (a)(4); revise the of the Communications Act of 1934, 47 (a) * * * second sentence in paragraph (m), the U.S.C. 151, 152, 154(i), 303, 307, and (2) Class B station. Class B stations are table, and Note (2) to paragraph (m); and 309(j), that this First Report and Order authorized to operate with a minimum revise paragraph (q) to read as follows: is adopted. power of 0.25 kW (or, if less than 0.25 32. It is further ordered that, pursuant kW, an equivalent RMS antenna field of § 73.182 Engineering standards of to the authority found in Sections 1, 2, at least 107.5 mV/m at 1 kilometer) and allocation. 4(i), 303, 307, and 309(j) of the a maximum power of 50 kW, or 10 kW (a) * * * Communications Act of 1934, 47 U.S.C. for stations that are authorized to (1) * * * 151, 152, 154(i), 303, 307, and 309(j), operate in the 1605–1705 kHz band. (ii) Class A stations in Alaska operate the Commission’s Rules are hereby (3) Class D station. A Class D station on the channels allocated by § 73.25 amended as set forth herein and in operates either daytime, limited time or with a minimum power of 10 kW, a Appendix A to the First R&O. unlimited time with nighttime power maximum power of 50 kW and an 33. It is further ordered that the rules less than 0.25 kW and an equivalent antenna efficiency of 215 mV/m/kW at adopted herein will become effective RMS antenna field of less than 107.5 1 kilometer. * * * February 18, 2016, except for 47 CFR mV/m at 1 kilometer. Class D stations * * * * * 73.1560, which contains new or shall operate with daytime powers not (4) Class D stations operate on clear modified information collection less than 0.25 kW nor more than 50 kW. and regional channels with daytime requirements that require approval by Nighttime operations of Class D stations powers of not less than 0.25 kW (or the Office of Management and Budget are not afforded protection and must equivalent RMS field of 107.5 mV/m at (OMB) under the Paperwork Reduction protect all Class A and Class B 1 kilometer if less than 0.25 kW) and not Act (PRA), and which will become operations during nighttime hours. New more than 50 kW. Class D stations that effective after the Commission publishes Class D stations that had not been have previously received nighttime a document in the Federal Register previously licensed as Class B will not authority to operate with powers of less announcing such approval and the be authorized. 0.25 kW (or equivalent RMS fields of relevant effective date. * * * * * less than 107.5 mV/m at 1 kilometer) are List of Subjects in 47 CFR Part 73 ■ 4. In § 73.24 revise paragraph (i) to not required to provide nighttime read as follows: coverage in accordance with § 73.24(i) Communications equipment, Radio, and are not protected from interference Reporting and recordkeeping § 73.24 Broadcast facilities; showing during nighttime hours. Such nighttime requirements, Federal Communications required. authority is permitted on the basis of Commission. * * * * * full nighttime protection being afforded Gloria J. Miles, (i) That, for all proposals for new to all Class A and Class B stations. Federal Register Liaison Officer, Office of the stations, applications to modify a * * * * * Secretary. construction permit for an unlicensed (m) * * * Certain approximations, station, and all applications to change a Rule Changes based on the curve or other appropriate station’s community of license, the theory, may be made when other than For the reasons discussed in the daytime 5 mV/m contour encompasses such antennas and ground systems are preamble, the Federal Communications the entire principal community to be employed, but in any event the effective Commission amends 47 CFR part 73 as served. That, for all other applications field to be employed shall not be less follows: for modification of licensed stations, the than the following: daytime 5 mV/m contour encompasses PART 73—RADIO BROADCAST either 50 percent of the area, or 50 Effective SERVICES percent of the population, of the Class of station field principal community to be served. That, (at 1 km) ■ 1. The authority citation for part 73 for all proposals for new stations in the continues to read as follows: All Class A (except Alaskan) ..... 275 mV/m. 535–1605 kHz band, applications to Class A (Alaskan), B and D ...... 215 mV/m. Authority: 47 U.S.C. 154, 303, 334, 336, modify a construction permit for an Class C ...... 180 mV/m. and 339. unlicensed station, or applications to ■ 2. Section 73.14 is amended by adding change a station’s community of license, * * * * * in alphabetical order the definition for either 50 percent of the area, or 50 percent of the population of the Note (2): For Class B stations in Alaska, ‘‘Modulation dependent carrier level Hawaii, Puerto Rico, and the U.S. Virgin (MDCL) control technologies’’ to read as principal community is encompassed by Islands, 180 mV/m shall be used. follows: the nighttime 5 mV/m contour or the nighttime interference-free contour, * * * * * § 73.14 AM broadcast definitions. whichever value is higher. That, for (q) Normally protected service * * * * * stations in the 1605–1705 kHz band, 50 contours and permissible interference Modulation dependent carrier level percent of the principal community is signals for broadcast stations are as (MDCL) control technologies. encompassed by the nighttime 5 mV/m follows (for Class A stations, see also Transmitter control techniques that vary contour or the nighttime interference- paragraph (a) of this section):

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Signal strength contour of area protected from Permissible interfering signal objectionable interference [remove footnote reference] (μV/m) Class of channel μ Class of station used ( V/m) Day 1 Night 2 Day 1 Night

A ...... Clear ...... SC 100 ...... SC 500 50% SW ...... SC 5 ...... SC 25. AC 500 ...... AC 500 GW ...... AC 250 ...... AC 250. A (Alaskan) ...... do ...... SC 100 ...... SC 100 50% SW ...... SC 5 ...... SC 5...... AC 500 ...... AC 500 GW ...... AC 250 ...... AC 250. B ...... Clear ...... 500 ...... 2000 1 ...... 25 ...... 25. Regional ...... AC 250 ...... 250. C ...... Local ...... 500 ...... No presc.3 ...... SC 25 ...... Not presc. D ...... Clear ...... 500 ...... Not presc...... SC 25 ...... Not presc. Regional ...... AC 250. 1 Groundwave. 2 Skywave field strength for 10 percent or more of the time. 3 During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.

Note: SC = Same channel; AC = Adjacent maintained as near as practicable to the SUPPLEMENTARY INFORMATION: The channel; SW = Skywave; GW = Groundwave authorized antenna input power and DTAR, which supplement the Federal * * * * * may not be less than 90 percent nor Acquisition Regulation, are codified at greater than 105 percent of the 48 CFR chapter 10. In order to update ■ 6. In § 73.189 revise paragraph (b)(2) authorized power. AM stations may, certain elements in 48 CFR chapter 10, to read as follows: without prior Commission authority, the Department issued final rules on § 73.189 Minimum antenna heights or field commence MDCL control technology March 20, 2014 (79 FR 15551) and strength requirements. use, provided that within 10 days after March 4, 2015 (80 FR 11595). In the * * * * * commencing such operation, the final rules, a correction to the heading (b) * * * licensee submits an electronic of section 1052.201–70 and paragraph (2) These minimum actual physical notification of commencement of MDCL (f) of the section were inadvertently vertical heights of antennas permitted to control operation using FCC Form 338. omitted. In addition, section 1052.222– be installed are shown by curves A, B, The transmitter of an AM station 70 was not incorporated and the and C of Figure 7 of § 73.190 as follows: operating using MDCL control heading for subpart 1022.70 was (i) Class C stations, and stations in technology, regardless of the MDCL incorrectly listed as subpart 1022.7. Alaska, Hawaii, Puerto Rico and the control technology employed, must These items are corrected in this U.S. Virgin Islands on 1230, 1240, 1340, achieve full licensed power at some document. 1400, 1450 and 1490 kHz that were audio input level or when the MDCL control technology is disabled. MDCL List of Subjects in 48 CFR Parts 1022 formerly Class C and were redesignated and 1052 as Class B pursuant to § 73.26(b), 45 control operation must be disabled meters or a minimum effective field before field strength measurements on Government procurement. the station are taken. strength of 180 mV/m for 1 kW at 1 Accordingly, the Department of the kilometer (90 mV/m for 0.25 kW at 1 [FR Doc. 2015–31950 Filed 1–15–16; 8:45 am] Treasury amends 48 CFR chapter 10 as kilometer). (This height applies to a BILLING CODE 6712–01–P follows: Class C station on a local channel only. Curve A shall apply to any Class C PART 1022—MINORITY AND WOMEN stations in the 48 conterminous States DEPARTMENT OF THE TREASURY INCLUSION that are assigned to Regional channels.) (ii) Class A (Alaska), Class B and Class 48 CFR Parts 1022 and 1052 ■ 1. The authority citation for part 1022 D stations other than those covered in Department of the Treasury continues to read as follows: § 73.189(b)(2)(i), a minimum effective Acquisition Regulation; Correction Authority: 12 U.S.C. 5452. field strength of 215 mV/m for 1 kW at 1 kilometer. AGENCY: Office of the Procurement Subpart 1022.7 [Redesignated as (iii) Class A stations, a minimum Executive, Treasury. subpart 1022.70] effective field strength of 275 mV/m for ACTION: Correcting amendments. 1 kW at 1 kilometer. ■ 2. Redesignte subpart 1022.7 as * * * * * SUMMARY: On March 20, 2014 and subpart 1022.70. ■ March 4, 2015, the Department of the 5. In § 73.1560 revise paragraph (a)(1) Treasury published in the Federal to read as follows: PART 1052—SOLICITATION Register amendments to the Department PROVISIONS AND CONTRACT § 73.1560 Operating power and mode of the Treasury Acquisition Regulation CLAUSES tolerances. (DTAR). This document includes (a) AM stations. (1) Except for AM correcting amendments to address ■ 3. The authority citation for part 1052 stations using modulation dependent inadvertent errors. continues to read as follows: carrier level (MDCL) control technology, DATES: Effective date: January 19, 2016. Authority: 41 U.S.C. 1707. or as provided for in paragraph (d) of FOR FURTHER INFORMATION CONTACT: this section, the antenna input power of Thomas O’Linn, Procurement Analyst, ■ 4. In section 1052.201–70, revise the an AM station, as determined by the Office of the Procurement Executive, at section heading and add paragraph (f) to procedures specified in § 73.51, must be (202) 622–2092. read as follows:

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1052.201–70 Contracting Officer’s (2) A list of subcontract awards under the Atmospheric Administration (NOAA), Representative (COR) appointment and contract that includes: Dollar amount, date of Commerce. authority. award, and subcontractor’s race, ethnicity, * * * * * and/or gender ownership status; ACTION: Notification of lobster harvest (f) Failure of the Contractor and the (3) Information similar to that required in guideline. paragraph (b)(1) of this clause, with respect Contracting Officer to agree that to each subcontractor; and/or technical direction is within the scope (4) The Contractor’s plan to ensure that SUMMARY: NMFS establishes the annual of the contract shall be subject to the minorities and women have appropriate harvest guideline for the commercial terms of the clause entitled ‘‘Disputes.’’ opportunities to enter and advance within its lobster fishery in the Northwestern ■ 5. Add § 1052.222–70 to read as workforce, including outreach efforts. Hawaiian Islands for calendar year 2016 follows: (c) Consistent with Section 342(c)(3) of the at zero lobsters. Dodd-Frank Wall Street Reform and 1052.222–70 Minority and Women Consumer Protection Act (Pub. L. 111–203) DATES: January 19, 2016. Inclusion. (Dodd-Frank Act), a failure to demonstrate to As prescribed in 1022.7000, insert the the Director of the Agency’s Office of FOR FURTHER INFORMATION CONTACT: Bob following clause: Minority and Women Inclusion such good Harman, NMFS PIR Sustainable faith efforts to include minorities and women Fisheries, tel 808–725–5170. Minority and Women Inclusion (Jan 2016) in the Contractor’s workforce (and as applicable, the workforce of its SUPPLEMENTARY INFORMATION: NMFS (a) Contractor confirms its commitment to subcontractors), may result in termination of manages the Northwestern Hawaiian equal opportunity in employment and the contract for default, other contractual contracting. To implement this commitment, Islands (NWHI) commercial lobster remedies, or referral to the Office of Federal fishery under the Fishery Ecosystem the Contractor shall ensure, to the maximum Contract Compliance Programs (OFCCP). extent possible consistent with applicable Compliance with this clause does not, Plan for the Hawaiian Archipelago. The law, the fair inclusion of minorities and however, necessarily satisfy the requirements regulations at 50 CFR 665.252(b) require women in its workforce. The Contractor shall of Executive Order 11246, as amended, nor NMFS to publish an annual harvest insert the substance of this clause in all does it preclude OFCCP compliance guideline for lobster Permit Area 1, subcontracts awarded under this contract evaluations and/or enforcement actions whose dollar value exceeds $150,000. Within comprised of Federal waters around the undertaken pursuant to that Executive Order. NWHI. ten business days of a written request from (d) For purposes of this clause, the terms the Contracting Officer, or such longer time ‘‘minority,’’ ‘‘minority-owned business,’’ and Regulations governing the as the Contracting Officer determines, and ‘‘women-owned business’’ shall have the Papahanaumokuakea Marine National without any additional consideration meanings set forth in Section 342(g) of the Monument in the NWHI prohibit the required from the Agency, the Contractor Dodd-Frank Act. shall provide documentation, satisfactory to unpermitted removal of monument the Agency, of the actions it (and as Iris Cooper, resources (50 CFR 404.7), and establish applicable, its subcontractors) has a zero annual harvest guideline for Senior Procurement Executive. undertaken to demonstrate its good faith lobsters (50 CFR 404.10(a)). effort to comply with the aforementioned [FR Doc. 2016–00853 Filed 1–15–16; 8:45 am] Accordingly, NMFS establishes the provisions. For purposes of this contract, BILLING CODE 4810–25–P ‘‘good faith effort’’ may include actions by harvest guideline for the NWHI the Contractor intended to identify and, if commercial lobster fishery for calendar present, remove barriers to minority and year 2016 at zero lobsters. Harvest of DEPARTMENT OF COMMERCE women employment or expansion of NWHI lobster resources is not allowed. employment opportunities for minorities and women within its workforce. Efforts to National Oceanic and Atmospheric Authority: 16 U.S.C. 1801 et seq. Administration remove such barriers may include, but are Dated: January 12, 2016. not limited to, recruiting minorities and women, providing job-related training, or 50 CFR Part 665 Emily H. Menashes, other activity that could lead to those results. Acting Director, Office of Sustainable (b) The documentation requested by the RIN 0648–XE393 Fisheries, National Marine Fisheries Service. Contracting Officer to demonstrate ‘‘good [FR Doc. 2016–00770 Filed 1–15–16; 8:45 am] faith effort’’ may include, but is not limited Pacific Island Fisheries; 2016 to, one or more of the following— Northwestern Hawaiian Islands BILLING CODE 3510–22–P (1) The total number of Contractor’s Lobster Harvest Guideline employees, and the number of minority and women employees, by race, ethnicity, and AGENCY: National Marine Fisheries gender (e.g., an EEO–1); Service (NMFS), National Oceanic and

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Proposed Rules Federal Register Vol. 81, No. 11

Tuesday, January 19, 2016

This section of the FEDERAL REGISTER • Postal Mail/Commercial Delivery: Subtitle B (which is cited as the contains notices to the public of the proposed Send your comment to Docket No. ‘‘Agricultural Bioterrorism Protection issuance of rules and regulations. The APHIS–2014–0095, Regulatory Analysis Act of 2002’’ and referred to below as purpose of these notices is to give interested and Development, PPD, APHIS, Station the Act), section 212(a), provides, in persons an opportunity to participate in the 3A–03.8, 4700 River Road Unit 118, rule making prior to the adoption of the final part, that the Secretary of Agriculture rules. Riverdale, MD 20737–1238. (the Secretary) must establish by Supporting documents and any regulation a list of each biological agent comments we receive on this docket and each toxin that the Secretary DEPARTMENT OF AGRICULTURE may be viewed at http:// determines has the potential to pose a www.regulations.gov/#!docketDetail;D severe threat to animal or plant health, Animal and Plant Health Inspection =APHIS-2014-0095 or in our reading or to animal or plant products. Service room, which is located in room 1141 of Paragraph (a)(2) of section 212 requires the USDA South Building, 14th Street the Secretary to review and republish 7 CFR Part 331 and Independence Avenue SW., the list every 2 years and to revise the Washington, DC. Normal reading room list as necessary. In this document, we 9 CFR Part 121 hours are 8 a.m. to 4:30 p.m., Monday are proposing to amend and republish through Friday, except holidays. To be the list of select agents and toxins based [Docket No. APHIS–2014–0095] sure someone is there to help you, on the findings of our fourth biennial RIN 0579–AE08 please call (202) 799–7039 before review of the list. coming. Agricultural Bioterrorism Protection In determining whether to include an FOR FURTHER INFORMATION CONTACT: Dr. Act of 2002; Biennial Review and agent or toxin on the list, the Act Freeda Isaac, National Director, Republication of the Select Agent and requires that the following criteria be Agriculture Select Agent Services, Toxin List; Amendments to the Select considered: APHIS, 4700 River Road Unit 2, Agent and Toxin Regulations Riverdale, MD 20737–1231; (301) 851– • The effect of exposure to the agent AGENCY: Animal and Plant Health 3300, Option 3. or the toxin on animal and plant health, Inspection Service, USDA. SUPPLEMENTARY INFORMATION: The and on the production and marketability ACTION: Proposed rule. Public Health Security and Bioterrorism of animal or plant products; Preparedness and Response Act of 2002 • The pathogenicity of the agent or SUMMARY: In accordance with the (referred to below as the Bioterrorism the toxin and the methods by which the Agricultural Bioterrorism Protection Act Response Act) provides for the agent or toxin is transferred to animals of 2002, we are proposing to amend and regulation of certain biological agents or plants; republish the list of select agents and that have the potential to pose a severe • The availability and effectiveness of toxins that have the potential to pose a threat to both human and animal health, severe threat to animal or plant health, to animal health, to plant health, or to pharmacotherapies and prophylaxis to or to animal or plant products. The Act animal and plant products. The Animal treat and prevent any illness caused by requires the biennial review and and Plant Health Inspection Service the agent or toxin; and republication of the list of select agents (APHIS) has the primary responsibility • Any other criteria that the Secretary and toxins and the revision of the list as for implementing the provisions of the considers appropriate to protect animal necessary. This action would implement Act within the United States or plant health, or animal or plant the findings of the fourth biennial Department of Agriculture (USDA). products. review of the list. In addition, we are Veterinary Services (VS) select agents We use the term ‘‘select agents and proposing several amendments to the and toxins are those that have been regulations, including the addition of toxins’’ throughout the preamble of this determined to have the potential to pose proposed rule. Unless otherwise provisions to address the inactivation of a severe threat to animal health or select agents, provisions addressing specified, the term ‘‘select agents and animal products. Plant Protection and toxins’’ will refer to all agents or toxins biocontainment and biosafety, and Quarantine (PPQ) select agents and clarification of regulatory language listed by APHIS. When it is necessary to toxins are those that have the potential specify the type of select agent or toxin, concerning security, training, incident to pose a severe threat to plant health response, and records. These changes we will use the following terms: ‘‘PPQ or plant products. Overlap select agents select agents and toxins’’ (for the plant would increase the usability of the and toxins are those that have been select agent regulations as well as agents and toxins listed in 7 CFR 331.3), determined to pose a severe threat to ‘‘VS select agents and toxins’’ (for the provide for enhanced program both human and animal health or to oversight. animal agents and toxins listed in 9 CFR human health and animal products. 121.3), or ‘‘overlap select agents and DATES: We will consider all comments Overlap select agents are subject to toxins’’ (for the overlap agents and that we receive on or before March 21, regulation by both APHIS and the toxins listed in both 9 CFR 121.4 and 42 2016. Centers for Disease Control and CFR 73.4). ADDRESSES: You may submit comments Prevention (CDC), which has the by either of the following methods: primary responsibility for implementing On February 27, 2015, we published • Federal eRulemaking Portal: Go to the provisions of the Bioterrorism in the Federal Register (80 FR 10627, http://www.regulations.gov/#!docket Response Act for the Department of Docket No. APHIS–2014–0095) an Detail;D=APHIS-2014-0095. Health and Human Services (HHS). advance notice of proposed rulemaking

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and request for comments (ANPR) 1 in consider changes to the lists. Based on inactivation of select agents, provisions order to announce our intention to the review, APHIS is proposing to addressing biocontainment and review the select agent list. We solicited remove three overlap select agents and biosafety, and clarification of regulatory comments regarding potential additions toxins from the list set out in § 121.4(b): language concerning security, training, and deletions from the list of select • Bacillus anthracis (Pasteur strain): incident response, and records. These agents and toxins for 60 days ending Historically, the B. anthracis Pasteur changes, which are described in detail April 28, 2015. We received 20 strain has been retained as a select agent below, would increase the usability of comments by that date. They were from to allow for continued oversight of the select agent regulations as well as scientists, scientific organizations, a laboratories in which the accidental (or provide for enhanced program State government, private individuals, intentional) combination of this strain oversight. with the excluded Sterne strain could and industry groups. Suggestions in Definitions these comments were used in order to occur to produce the wild type inform our discussions on the content of phenotype B. anthracis de novo. In 7 CFR 331.1 and 9 CFR 121.1, we the select agent list. However, a recent study 2 indicates that are proposing to add definitions for bacterial transformation of B. subtilis inactivation and kill curve. We believe PPQ Select Agents and Toxins with plasmid DNA is inefficient; these definitions are necessary as they APHIS’s PPQ program convened an indicating that transformation with are included in the additional interagency working group to review the bacteria such as B. anthracis (e.g., pXO1 biocontainment and biosafety language list of PPQ select agents and toxins and into B. anthracis Pasteur strain) would we are proposing to add to the develop recommendations regarding also be inefficient. Given that B. regulations. possible changes to that list. Using the anthracis Pasteur strain does not encode The definition of inactivation would four criteria for listing found in the Act, the plasmid which carries the be established as ‘‘a method to render a economic crop data, current Federal pathogenic toxin genes, analogous to the select agent non-viable but retain quarantine notices, and new scientific Sterne strain which was excluded from characteristic of interest for future use, information, the working group Select Agent oversight in 2003, we or to render any nucleic acids that can revisited the currently listed PPQ select believe there is no potential for high produce infectious forms of any select agents and toxins and evaluated a animal mortality rates or for misuse that agent virus non-infectious for future number of new plant pathogens for might result in social or economic use.’’ This definition draws a distinction inclusion on the list. Based on this disruption. Therefore, we are proposing between inactivation for waste review, APHIS is proposing to amend that the Pasteur strain be removed from treatment and inactivation of regulated the list of PPQ select agents and toxins the overlap select agent list. material for future purposes such as • listed in 7 CFR 331.3 by removing three Brucella abortus and Brucella suis: research. The definition of kill curve PPQ select agents and toxins from the While both of these organisms have would be established as ‘‘the results of list. Specifically, we are proposing to been eradicated from the domestic a dose-response experiment where a remove the following: livestock industry, they are currently select agent is subjected to increasing • Peronosclerospora philippinensis endemic in wildlife and feral swine amounts of the inactivating treatment to (Peronosclerospora sacchari) and populations in the United States. determine the minimum conditions Sclerophthora rayssiae: There are no However, there is an extensive required to render it non-viable or to viable cultures of these corn pathogens regulatory control program in place for render any nucleic acids that can currently held in U.S. laboratories, they B. abortus in the remaining affected produce infectious forms of any select are difficult to grow or maintain, Designated Surveillance Area. APHIS agent virus as non-infectious.’’ has also recently enacted a national difficult to keep viable during transport, Exclusions and Inactivation and would require a large amount of program to control feral swine that will We are proposing to amend 7 CFR inoculum to infect fields by artificial include surveillance and disease 331.3(d)(2), 9 CFR 121.3(d)(2), and 9 means due to the fact that they must monitoring for swine brucellosis. CFR 121.4(d)(2), which currently spread via infected plant material; and Therefore, we believe the effect of exclude nonviable select agents or • Phoma glycinicola (formerly exposure to these agents on animal nonfunctional toxins from the Pyrenochaeta glycines): This soybean health and on the production and requirements of the regulations, in order pathogen’s natural distribution is marketability of animal products is to clarify our policy that an entity must limited to two countries in Africa, it minimized. We are proposing that these use a validated method to render a does not spread rapidly in the field, two Brucella species be removed from select agent nonviable or regulated soybean importation pathways into the the overlap select agent list. However, nucleic acids non-infectious for future United States by which the pathogen Brucella melitensis, as a foreign animal use. This means that the method must might enter are limited, and while no disease agent not currently found in the be scientifically sound and that it will U.S. soybean variety is immune to this United States, would be kept as a VS produce consistent results each time it pathogen, Environmental Protection select agent. Accordingly, CDC will also be is used. Agency-approved fungicides are proposing a parallel change to its We are proposing that inactivation available to treat any infestation. overlap select agent regulations. include the use of one of the following: VS Select Agents and Toxins The exact conditions of a commonly Additional Changes accepted method that has been APHIS’ VS program also convened an We are proposing to make several interagency working group to review the validated as applied (e.g., autoclaving), changes to the regulations, including the a published method with adherence to list of VS select agents and toxins and addition of provisions to address the the list of overlap select agents and the exact published conditions (i.e., toxins in 9 CFR part 121 in order to extrapolations or deductions are to be 2 C. Johnston, B. Martin, G. Fichant, P. Polard, avoided), or in-house methods, only if and J.P. Claverys. ‘‘Bacterial transformation: 1 To view the ANPR and the comments we distribution, shared mechanisms and divergent validation testing includes the specific received, go to http://www.regulations.gov/ control.’’ Nature Reviews Microbiology. 2014. 12: conditions used and appropriate #!docketDetail;D=APHIS-2014-0095. 181–196. controls.

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We are also proposing that the entity This language was included in previous Registration and Related Security Risk develop a site-specific kill curve in versions of the regulations and was Assessments order to define conditions of erroneously removed by an earlier The regulations in 7 CFR 331.7 and 9 inactivation for each select agent or rulemaking. CFR 121.7 set out registration regulated nucleic acid. If there are Exemptions for Select Agents and requirements for those entities that wish strain-to-strain variations in the Toxins to work with select agents and toxins resistance of a select agent to the Sections 7 CFR 331.5, 9 CFR 121.5, and stipulates the individuals within inactivation procedure, then a specific those entities that must undergo a kill curve would have to be developed and 9 CFR 121.6 concern conditions security risk assessment by the Attorney for each strain that undergoes the under which entities may be exempted General. inactivation procedure. A new kill curve from the requirements of the We are proposing to state that an would have to be created upon any regulations. Paragraph (a) requires that entity registered to possess, use, or change in procedure or inactivation the identification of the agent or toxin transfer a select agent or toxin would equipment. In addition, a validated be reported to APHIS or CDC. Since have to meet the requirements of the sterility testing protocol would have to select agents and toxins have the regulations for those select agents and be conducted in order to ensure that the potential to pose a severe threat to both toxins listed on the entity’s official inactivation method has rendered a human and animal health, to animal registration regardless of whether the select agent nonviable or regulated health, to plant health, or to animal and entity is in possession of those select nucleic acids non-infectious. plant products, clinical and diagnostic In addition, we are proposing that an laboratories typically have their initial agents or toxins and without regard to entity be required to report any viability results confirmed by a registered or the amount of select agents or toxins in of a select agent or infectivity of certified reference laboratory. We are the entity’s possession. This change regulated nucleic acids that can produce proposing to require that in addition to would serve to codify existing policy infectious forms of any select agent notifying APHIS or CDC, the reference and would be added as a new paragraph virus that was subjected to a validated laboratory inform the specimen provider (b). inactivation protocol to APHIS or CDC. upon confirmation of the identification Responsible Official We are also proposing to require that of a select agent or toxin. This change an entity review annually, and revise as would clarify our expectations regarding The regulations in 7 CFR 331.9 and 9 necessary, the following: (1) The kill communication and notification CFR 121.9 set out requirements for curve procedure and results; (2) site- between the reference laboratory and entities requesting to work with select specific standard operating procedures the specimen provider. agents and toxins to designate a to ensure that select agents or regulated We are also proposing to add language responsible official, who ensures that nucleic acids that can produce to paragraph (a) in sections 7 CFR 331.5, the entity continues to meet the infectious forms of any select agent 9 CFR 121.5, and 9 CFR 121.6 that requirements of the regulations. virus are inactivated by a safety margin; specifies that entities may be required to Paragraph (a)(6) requires the and (3) the validated sterility testing report identification of agents or toxins responsible official to ensure that protocol used to ensure that the to other appropriate authorities when annual inspections are conducted for inactivation method has rendered a required by Federal, State, or local law. each location where select agents or select agent non-viable or regulated This language was added to the CDC toxins are stored or used in order to nucleic acids that can produce select agent regulations in a previous determine compliance with the infectious forms of any select agent rulemaking, but not to the APHIS regulations. The responsible official also viruses non-infectious. regulations and this change is necessary must document the results of each Finally, we are proposing that written in order to achieve uniformity across all inspection and identify and address any records be kept for any select agent that regulations associated with the deficiencies. has been rendered nonviable or diagnosis and care for individuals We are proposing to require that any regulated nucleic acids that have been infected with a select agent or toxin. corrections of deficiencies found must rendered non-infectious. We are Specifically, we are proposing to add also be documented. This change is particularly requesting comments provisions that state that we do not necessary to improve recordkeeping regarding whether there are more regulate material containing select practices and to provide a more specific measures available to agents or toxins when it is in a patient complete account of facility demonstrate that a select agent has been care setting and is not being collected or containment and security procedures. rendered nonviable, or a regulated otherwise tested or retained, nor do we We are also proposing to replace the infectious nucleic acid has been regulate waste generated during delivery word ‘‘laboratory’’ with the phrase rendered non-infectious. of patient care. However, once delivery ‘‘registered space.’’ This terminology is We are also proposing to add to 7 CFR of patient care for the select agent or more accurate, as registered spaces are 331.3(e), 9 CFR 121.3(e), and 9 CFR toxin infection has concluded, these not always laboratories. 121.4(e) a paragraph stating that an specimens would become subject to the We are also proposing to add a new individual or entity may make a written requirements of the regulations. If an paragraph (a)(7), which would require request to the Administrator for entity cannot meet these requirements, the entity’s responsible official to reconsideration of a decision denying an then the material may be transferred to provide contact information for the exclusion application. The written another entity according to the select USDA or HHS Office of Inspector request for reconsideration would have agent regulations or destroyed using an General Hotline, so that employees and to state the facts and reasoning upon approved method. The decision to other individuals may anonymously which the individual or entity relies to retain, transfer, or destroy any report any containment or security show the decision was incorrect. The specimens must be made within 7 concerns they may have. Although the Administrator would grant or deny the calendar days of the conclusion of select agent program has established a request for reconsideration as promptly patient care. These requirements would whistleblower portal on its Web site, as circumstances allow and will state, in be set out in new paragraphs 9 CFR there is currently no requirement for writing, the reasons for the decision. 121.3(d)(4) and 9 CFR 121.4(d)(4). employees at registered entities to be

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made aware of its existence or how to systems); severe weather and other or used, which would include a use it. Adding this requirement would natural disasters; workplace violence; description of all centralized access allow for increased worker involvement bomb threats and suspicious packages; control management systems (e.g., in biosafety/biocontainment and and emergencies such as fire, gas leak, keycards) and/or mechanical key security programs at registered entities explosion, power outage, etc. The management. This requirement would and may also enhance the quality of response procedures must account for allow us to directly ascertain the way in Federal oversight in this area. hazards associated with the select agent which entities allow individuals entry or toxin and appropriate actions to to areas containing select agents and Security Risk Assessments contain such agent or toxin. toxins and potentially identify any We are proposing to amend the All of these plans require annual weaknesses in that process. regulations in 7 CFR 331.10 and 9 CFR review and revision as necessary. Drills In the same sections, paragraphs 121.10. These regulations establish or exercises must also be conducted at (d)(7)(i) through (d)(7)(v) encompass a parameters for restricting access to least annually to test and evaluate the list of activities that individuals with select agents and toxins and the process effectiveness of the plans. The plans access approval from the Administrator by which individuals may be approved must be reviewed and revised, as or the HHS Secretary must immediately for access to select agents and toxins necessary, after any drill or exercise and report to the responsible official. We are after the completion of a security risk after any incident. We are proposing to proposing to add a new paragraph assessment by the Attorney General. require that these drills or exercises be (d)(7)(vi) to require that the responsible Paragraph (e) states that a person with documented to include how the drill or official must be notified of any loss of valid approval from the HHS Secretary exercise tested and evaluated the plan, computer, hard drive, or other data or Administrator to have access to select any problems identified, any corrective storage device containing information agents or toxins may request, through action taken, and the names of the that can be used to gain access to select his or her responsible official, that the individuals who participated in the drill agents or toxins. Such notification will HHS Secretary or APHIS Administrator or exercise. This will provide a more facilitate notification of the Federal provide their approved access status to thorough accounting of required Bureau of Investigation if deemed another registered individual or entity activities as well as increasing the necessary by the responsible official as for a specified period of time. We are efficacy of the plans via testing and the loss of such equipment may be proposing to also require that the entity-directed improvements. We are criminal in nature. responsible official at the visiting proposing to add these requirements to Biocontainment/Biosafety Plan person’s home entity notify the host 7 CFR 331.11(h), 331.12(e), 331.14(f), 9 entity if that person’s approved access CFR 121.11(h), 121.12(e), and 121.14(f). Paragraph (a) of 7 CFR 331.12 and 9 to select agents or toxins has been We are also proposing to add a CFR 121.12 requires that the terminated. This would ensure that an requirement that the biocontainment, biocontainment or biosafety plan individual whose permissions have biosafety, and incident response plans contain sufficient information and been terminated would not be allowed be submitted for initial registration, documentation to describe the biosafety further access to select agents and renewal of registration, or when and containment procedures for each toxins. requested. These additions would be select agent or toxin that the registered located in 7 CFR 331.12(a), 331.14(a), 9 entity will possess. The plan must also Security, Biocontainment/Biosafety, CFR 121.12(a), and 121.14(a). This include a description of the biosafety and Incident Response Plans change is necessary in order to bring the and containment procedures for any The regulations require registered requirements for these plans in line animals (including arthropods) or plants entities to develop and implement a with existing requirements for the intentionally or accidentally exposed to number of plans in order to ensure the security plan. or infected with a select agent. We are safety and security of the select agents Details of the changes we are proposing to additionally require that they handle. These are: proposing to the security, biosecurity, laboratory-specific biocontainment and/ • A security plan, as described by the and biosafety plans individually may be or biosafety manuals must be accessible regulations in 7 CFR 331.11 and 9 CFR found below. to individuals working in those 121.11, that provides for measures laboratories. This change would help to sufficient to safeguard the select agent Security Plan foster an enhanced culture of or toxin against unauthorized access, Paragraph (c)(5) of 7 CFR 331.11 and responsibility by ensuring that theft, loss, or release; 9 CFR 121.11 requires that the security appropriate biocontainment and/or • A biocontainment plan, in the case plan describe procedures for addressing biosafety resources are available to all of PPQ select agents, or a biosafety plan, loss or compromise of keys, passwords, staff with access to select agents and in the case of VS and overlap select combinations, etc. and protocols for toxins within a select agent laboratory. agents, as described in the regulations in changing access numbers or locks In the aftermath of recent biosafety 7 CFR 331.12 and 9 CFR 121.12, that following staff changes. We are incidents involving an unintentional provides for measures sufficient to proposing to add keycards to that list as release of potentially viable anthrax contain the select agent or toxin (e.g., they are commonly used. We are also within the CDC’s Roybal Campus, in physical structure and features of the proposing to use the term ‘‘access Atlanta, GA, and the inadvertent cross- entity, and operational and procedural permissions’’ instead of the term contamination and shipment of a safeguards); and ‘‘access numbers,’’ as it covers a broader laboratory specimen of low-pathogenic • An incident response plan, as range of topics. avian influenza virus with the VS select described in the regulations in 7 CFR We are also proposing to add a new agent highly pathogenic avian influenza 331.14 and 9 CFR 121.14, that provides paragraph (c)(11) to the regulations in 7 virus, we believe that the for measures that the registered entity CFR 331.11 and 9 CFR 121.11. This biocontainment and biosafety plans will implement in the event of theft, would require that the security plan should be designed according to a site- loss, or release of a select agent or toxin; contain a description of how the entity specific risk assessment in accordance inventory discrepancies; security authorizes the means of entry into areas with the risk posed by a select agent or breaches (including information where select agents or toxins are stored toxin. Therefore, we are proposing to

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add specific provisions to the a permit issued in accordance with 7 certifications, laboratory notebooks, biocontainment and biosafety plans that CFR part 330 or 9 CFR part 122. We institutional biosafety and/or animal use would require completion of a written have determined that a permit for the committee minutes and approved risk assessment for each procedure. This importation or interstate movement of a protocols, and records associated with risk assessment would have to include select agent or toxin listed in 7 CFR occupational health and suitability the following elements: A description of 331.3, 9 CFR 121.3, or 121.4 is not programs. the safeguards in place to protect entity required for such importation and/or Finally, paragraph (b) in both 7 CFR personnel, the public, and the interstate movement provided that the 331.17 and 9 CFR 121.17 requires that environment from exposure to the select select agent or toxin is authorized for regulated entities implement a system to agent or toxin; decontamination transfer in accordance with 7 CFR ensure that all records and databases procedures; waste management 331.16(b) or 9 CFR 121.16(b). created under this part are accurate, procedures; and procedures for Records have controlled access, and that their handling select agents and toxins in the authenticity may be verified. To ensure same spaces as non-select agents and The regulations in 7 CFR 331.17 and the accuracy of handwritten records, we toxins in order to prevent unintentional 9 CFR 121.17 concern required are proposing to specify that such cross-contamination. recordkeeping procedures for regulated records must be legible. We are specifically requesting entities as those records relate to select comments regarding any specific agents and toxins. Paragraph (a)(3)(x) Records for Select Agents in Long-Term biocontainment or biosafety measures to requires that registered entities record Storage the destruction of any toxins by prevent laboratory acquired infections Paragraph (a)(1) in both 7 CFR 331.17 specifically noting the quantity of toxin or accidental or intentional release of and 9 CFR 121.17 requires entities to destroyed, the date of such action, and the select agents and toxins from an maintain an accurate, current inventory by whom. However, there is not an entity into the community. for each select agent (including viral Finally, paragraph (c)(2) of 9 CFR equivalent requirement regarding the genetic elements, recombinant and/or 121.12 requires that entities should destruction of select agents. We are synthetic nucleic acids, and organisms consider the guidance found in the proposing to add this requirement in containing recombinant and/or Occupational Safety and Health order to ensure consistency with the synthetic nucleic acids) held in long- Administration regulations in 29 CFR toxin provisions and ensure proper term storage. We continue to receive 1910.1200 and 1910.1450. We are tracking of select agents from comments critical of that portion of the proposing to remove this reference as acquisition to destruction. These regulations. Criticism is typically the information in those regulations is requirements would be added in a new focused on the belief that a container- also contained in the CDC/National paragraph (a)(1)(ix). based inventory requirement is not a Institutes of Health publication, We are also proposing to require that useful mechanism to track inventory of ‘‘Biosafety in Microbiological and regulated entities maintain records biological agents, since small amounts Biomedical Laboratories,’’ which is concerning those select agents that have could be stolen without detection and referenced in paragraph (c)(1) and a been rendered nonviable or regulated used to grow larger quantities. second reference is therefore nucleic acids that have been rendered duplicative. non-infectious. These records would However, the Public Health Security specifically capture the activities and Bioterrorism Preparedness and Training detailed under the heading ‘‘Exclusions Response Act of 2002 obliges APHIS We are proposing to amend the and Inactivation’’ above. Such and CDC to include a requirement for regulations in 7 CFR 331.15 and 9 CFR recordkeeping is necessary in order to ‘‘the prompt notification of the 121.15, which concern provision of confirm that an entity has performed the Secretary, and appropriate Federal, mandatory training for staff and visitors procedures necessary. The select agent State, and local law enforcement who work in or visit areas where select program would then have the ability to agencies, of the theft or loss of listed agents or toxins are handled or stored. review those records in order to ensure agents and toxins’’ in the regulations. We are proposing to require that all that the entity is performing all We are therefore soliciting comment individuals who have received approval procedures necessary for nonviability or regarding what regulatory requirement to have access to select agents and inactivation. The requirements would or requirements should be implemented toxins must undergo training regardless be added in a new paragraph (a)(8) in 7 such that a registered entity could of whether they have access to those CFR 331.17 and 9 CFR 121.17. quickly determine whether a select select agents or toxins. The training We are also proposing to state that agent had been lost or stolen from long- would have to be completed within a any records created that contain term storage without that registered year of that individual’s approval or information related to an entity’s entity first having an accurate, current prior to entry into an area where select registration or its select agents and inventory for each select agent held in agents and toxins are used or stored, toxins must be provided promptly upon long-term storage. Additionally, we are whichever occurs first. This change is request. This requirement would be soliciting ideas concerning ways in necessary in order to codify our position added to revised paragraph (c). Given which the current regulations could be regarding which individuals at the wide variety of entities regulated amended to address the possibility of registered entities are required to under the Federal Select Agent Program, theft of a select agent from a container receive training. the scope of records readily available for held in long-term storage. program review will enhance the ability Executive Order 12866 and Regulatory Transfers of the program to evaluate entity Flexibility Act We are proposing to amend the biosafety, biocontainment, security, and regulations in 7 CFR 331.16 and 9 CFR incident response programs. Paragraph This proposed rule has been 121.16, which concern the transfer of (c) in both 7 CFR 331.17 and 9 CFR determined to be not significant for the select agents and toxins to a registered 121.17 would also be revised to specify purposes of Executive Order 12866 and, entity. Specifically, paragraph (b) states that such records may include, but are therefore, has not been reviewed by the that select agents and toxins may need not limited to, biocontainment Office of Management and Budget.

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In accordance with the Regulatory have a significant economic impact on TITLE 7—AGRICULTURE Flexibility Act, we have analyzed the a substantial number of small entities. potential economic effects of this action PART 331—POSSESSION, USE, AND on small entities. The analysis is Executive Order 12372 TRANSFER OF SELECT AGENTS AND TOXINS summarized below. Copies of the full This program/activity is listed in the analysis are available by contacting the Catalog of Federal Domestic Assistance ■ 1. The authority citation for part 331 person listed under FOR FURTHER under No. 10.025 and is subject to continues to read as follows: INFORMATION CONTACT or on the Executive Order 12372, which requires Regulations.gov Web site (see intergovernmental consultation with Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, ADDRESSES above for instructions for State and local officials. (See 2 CFR and 371.3. accessing Regulations.gov). chapter IV.) The Public Health Security and ■ 2. Section 331.1 is amended by Bioterrorism Preparedness and Executive Order 12988 adding, in alphabetical order, Response Act of 2002 (Pub. L. 107–188) definitions of inactivation and kill curve provides for the regulation of certain This proposed rule has been reviewed to read as follows: under Executive Order 12988, Civil biological agents and toxins that have § 331.1 Definitions. the potential to pose a severe threat to Justice Reform. If this proposed rule is human, animal, or plant health, or to adopted: (1) All State and local laws and * * * * * animal or plant products. APHIS has regulations that are inconsistent with Inactivation. A method to render a completed its fourth biennial review of this rule will be preempted; (2) no select agent non-viable but retain select agent regulations and is proposing retroactive effect will be given to this characteristic of interest for future use, changes that would increase their rule; and (3) administrative proceedings or to render any nucleic acids that can usability as well as provide for will not be required before parties may produce infectious forms of any select enhanced program oversight. The file suit in court challenging this rule. agent virus non-infectious for future proposed amendments include use. Paperwork Reduction Act provisions to address the inactivation of * * * * * Kill curve. The results of a dose- select agents, provisions addressing In accordance with section 3507(d) of response experiment where a select biosafety, and clarification of regulatory the Paperwork Reduction Act of 1995 agent is subjected to increasing amounts language concerning security, training, (44 U.S.C. 3501 et seq.), we have of the inactivating treatment to incident response, and records. determined that there is burden determine the minimum conditions The proposed rule would require that associated with this action. We will entities develop an agent-specific kill required to render it non-viable, or to publish a separate document in the render any nucleic acids that can curve in order to define conditions of Federal Register, announcing our inactivation for each select agent or produce infectious forms of any select determination of burden and soliciting agent virus as non-infectious. regulated infectious nucleic acid and comments on it. maintain written records of having done * * * * * so.3 Costs of complying with this E-Government Act Compliance ■ 3. Section 331.3 is amended as amendment are therefore expected to be follows: modest. The Animal and Plant Health ■ a. In paragraph (b), by removing the Currently, there are 291 entities Inspection Service is committed to words ‘‘Peronosclerospora registered with APHIS and CDC. Of compliance with the E-Government Act philippinensis (Peronosclerospora these entities, there are 240 registered to to promote the use of the Internet and sacchari);’’, ‘‘Phoma glycinicola possess Tier 1 select agents and toxins, other information technologies, to (formerly Pyrenochaeta glycines);’’, and including 78 academic, 29 commercial, provide increased opportunities for ‘‘Sclerophthora rayssiae;’’ 80 State government, 37 Federal citizen access to Government ■ b. By revising paragraph (d)(2). government, and 16 private (non-profit) information and services, and for other ■ c. By adding paragraph (e)(3). institutions, most of which are purposes. For information pertinent to The addition and revision read as considered to be small entities. Based E-Government Act compliance related follows: to this proposed rule, please contact Ms. on proposed record keeping and § 331.3 PPQ select agents and toxins. reporting requirements, an additional 10 Kimberly Hardy, APHIS’ Information to 20 hours per year may be required. Collection Coordinator, at (301) 851– * * * * * At an imputed cost of $33.40 per hour 2727. (d) * * * (GS–12, step 2), this additional time (2) Nonviable select agents or List of Subjects requirement per entity would cost nonfunctional toxins. (i) Unless waived by the between $334 and $668 per year, or in 7 CFR Part 331 Administrator, a select agent or total for all registered entities between regulated nucleic acids that can produce $80,000 and $160,000. Agricultural research, Laboratories, Under these circumstances, the Plant diseases and pests, Reporting and infectious forms of any select agent Administrator of the Animal and Plant recordkeeping requirements. virus that has been subjected to a Health Inspection Service has validated inactivation process to remove 9 CFR Part 121 determined that this action would not viability or infectious form (i.e., the ability to reproduce or produce disease, Agricultural research, Animal while maintaining cellular structure) is 3 The definition of kill curve would be ‘‘the diseases, Laboratories, Medical research, results of a dose-response experiment where a not excluded from the requirements of select agent is subjected to increasing amounts of Reporting and recordkeeping this part until an individual or entity: the inactivating treatment to determine the requirements. (A) Develops a site-specific kill curve minimum conditions required to render it non- Accordingly, we propose to amend 7 viable or to render any nucleic acids that can to define conditions of inactivation for produce infectious forms of any select agent virus CFR part 331 and 9 CFR part 121 as each select agent or regulated nucleic as non-infectious.’’ follows: acids that can produce infectious forms

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of any select agent virus. If there are (C) Any viability of an extract that ■ 6. Section 331.9 is amended as strain-to-strain variations in resistance was subjected to a validated inactivation follows: of a select agent to the inactivation protocol is reported to the responsible ■ a. In paragraph (a)(6), by removing the procedure, then a specific kill curve official. word ‘‘laboratory’’ and adding the must be developed for each strain that (D) Any viability of a select agent or words ‘‘registered space’’ in its place undergoes the inactivation procedure. A infectivity of regulated nucleic acids and by adding the words ‘‘and the new kill curve must be created upon that can produce infectious forms of any corrections documented’’ at the end of any change in procedure or inactivation select agent virus that was previously the second sentence after the words equipment. assessed as inactive by their validated ‘‘must be corrected’’. (B) Develops site-specific standard sterility testing protocol is reported to ■ b. By adding paragraph (a)(7). operating inactivation procedures to APHIS. The addition reads as follows: ensure that the material is inactivated * * * * * § 331.9 Responsible official. by a safety margin determined by the (e) * * * (a) * * * kill curve. (3) An individual or entity may make (7) Ensure that individuals are (C) Subjects representative samples of a written request to the Administrator provided the contact information for the inactivated select agents or any nucleic for reconsideration of a decision USDA or HHS Office of Inspector acids that can produce infectious forms denying an application for the exclusion General Hotline so that they may of any select agent viruses to a validated of an attenuated strain of a select agent anonymously report any biosafety/ sterility testing protocol to ensure that or a select toxin modified to be less biocontainment or security concerns the inactivation method has rendered potent or toxic. The written request for related to select agents and toxins. the select agent non-viable or regulated reconsideration must state the facts and nucleic acids non-infectious. * * * * * reasoning upon which the individual or ■ 7. In § 331.10, paragraph (e) is (D) Any viability of a select agent or entity relies to show the decision was amended by adding a sentence at the infectivity of regulated nucleic acids incorrect. The Administrator will grant end of the paragraph to read as follows: that can produce infectious forms of any or deny the request for reconsideration select agent virus that was subjected to as promptly as circumstances allow and § 331.10 Restricting access to select a validated inactivation protocol is will state, in writing, the reasons for the agents and toxins; security risk reported to APHIS. decision. assessments. (E) Reviews annually, and revises as * * * * * * * * * * necessary, the following: ■ 4. In § 331.5, paragraph (a)(3) is (e) * * * A responsible official must (1) The kill curve procedure and revised to read as follows: immediately notify the responsible results; official of the visiting entity if the (2) Site-specific standard operating § 331.5 Exemptions. person’s access to select agents or toxins procedures to ensure that select agents (a) * * * has been terminated. or regulated nucleic acids that can (3) The identification of the agent or * * * * * produce infectious forms of any select toxin is reported to APHIS, the ■ 8. Section 331.11 is amended as agent virus are inactivated by a safety specimen provider, and to other follows: margin; and appropriate authorities when required ■ a. In paragraph (c)(5), by adding the (3) The validated sterility testing by Federal, State, or local law by word ‘‘keycards,’’ after the word ‘‘keys,’’ protocol used to ensure that the telephone, facsimile, or email. This and by removing the word ‘‘numbers’’ inactivation method has rendered a report must be followed by submission and adding the word ‘‘permissions’’ in select agent non-viable or regulated of APHIS/CDC Form 4 to APHIS within its place. nucleic acids that can produce 7 calendar days after identification. ■ b. By adding paragraph (c)(11). ■ infectious forms of any select agent * * * * * c. In paragraph (d)(7)(iv), by removing virus sample non-infectious. ■ 5. Section 331.7 is amended as the word ‘‘and’’. (F) Reviews, and revises as necessary, ■ d. By adding paragraph (d)(7)(vi). follows: ■ e. By adding a sentence at the end of documents listed in paragraph ■ a. By redesignating paragraphs (b) (d)(2)(i)(E) of this section after any paragraph (h). through (k) as paragraphs (c) through (l), The additions read as follows: change in principal investigator, change respectively. in protocol, or any reported viability of ■ b. By adding a new paragraph (b). § 331.11 Security. a select agent or infectivity of regulated The addition reads as follows: * * * * * nucleic acids that can produce (c) * * * infectious forms of any select agent § 331.7 Registration and related security (11) Describe how the entity risk assessments. viruses previously assessed as inactive. authorizes the means of entry into areas (ii) Unless waived by the * * * * * where select agents or toxins are stored Administrator, an extract from a select (b) As a condition of registration, each or used to include centralized access agent is not excluded from the entity is required to be in compliance control management systems (e.g., requirements of this part until an with the requirements of this part for keycards) and/or mechanical key individual or entity meets the following select agents and toxins listed on the management. requirements: registration regardless of whether the (d) * * * (A) Any extract is subjected to a entity is in actual possession of the (7) * * * process that removes all viable cells, select agent or toxin. In regard to toxins, (vi) Any loss of computer, hard drive spores, or virus particles. the entity registered for possession, use, or other data storage device containing (B) Any extract is subjected to a or transfer of toxins must be in information that can be used to gain validated sterility testing protocol to compliance with the requirements of access to select agents or toxins. ensure that the inactivation method has this part regardless of the amounts of * * * * * rendered the extract free of a select toxins currently in possession. (h) * * * Drills or exercises must be agent. * * * * * documented to include how the drill or

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exercise tested and evaluated the plan, (3) Written procedures for § 331.15 Training. any problems that were identified and decontamination, with a validated (a) An individual or entity required to corrective action(s) taken, and all method, of all contaminated or register under this part must provide individuals who participated in the drill potentially contaminated materials information and training on or exercise. including, but not limited to: Cultures biocontainment, security (including ■ 9. Section 331.12 is amended as and other materials related to the security awareness), incident response, follows: propagation of select agents or toxins, and agent- and toxin-specific training to: ■ a. By revising paragraph (a). items related to the analysis of select (1) Each individual with access ■ b. By adding a sentence at the end of agents or toxins, personal protective approval from the Administrator, within paragraph (e). equipment, arthropod caging systems 12 months of that individual’s The addition and revision read as and extracted plant and/or arthropod anniversary of receiving such approval follows: tissues. or prior to his or her entry into an area (4) Written procedures for where select agents or toxins are used or § 331.12 Biocontainment. decontamination, with a validated stored, whichever occurs first; and (a) An individual or entity required to method, of laboratory surfaces and * * * * * register under this part must develop equipment using manufacturer’s ■ 12. In § 331.16, paragraph (b), and implement a written specification. introductory text, is revised as follows: biocontainment plan that is (5) Effluent decontamination commensurate with the risk of the select procedures, with a validated method, § 331.16 Transfers. 4 agent or toxin, given its intended use. that describe the treatment of effluent * * * * * The biocontainment plan must contain material contaminated with select (b) A transfer may be authorized if: sufficient information and agents or toxins. * * * * * documentation to describe the (6) Procedures to respond to ■ 13. Section 331.17 is amended as biocontainment procedures for the emergencies such as spills, sharps follows: select agent or toxin, including any injury, or any other incident involving ■ a. In paragraph (a)(1)(iii), by adding animals (including arthropods) or plants select agents and toxins. the words ‘‘or other storage container’’ intentionally or accidentally exposed to (7) Procedures for handling of select after the word ‘‘freezer’’. ■ or infected with a select agent. The agents and toxins in the same spaces as b. By adding paragraph (a)(1)(ix). ■ biocontainment procedures specific to non-select agents and toxins in order to c. In paragraph (a)(3)(v), by adding the each registered laboratory must be prevent unintentional contamination. words ‘‘or other storage container’’ after the word ‘‘freezer’’. available to each individual working in * * * * * that laboratory. The current ■ d. By adding paragraph (a)(8). (e) * * * Drills or exercises must be ■ e. By adding a sentence at the end of biocontainment plan must be submitted documented to include how the drill or for initial registration, renewal of paragraph (b). exercise tested and evaluated the plan, ■ registration, or when requested. The f. By revising paragraph (c). any problems that were identified and The additions and revision read as biocontainment plan must include the corrective action(s) taken, and all follows: following provisions: individuals who participated in the drill (1) A written risk assessment for each or exercise. § 331.17 Records. prescribed procedure involving a select ■ 10. Section 331.14 is amended as (a) * * * agent or toxin. follows: (1) * * * (i) The hazardous characteristics of ■ a. By adding a sentence at the end of (ix) If destroyed, the quantity (e.g., the agent or toxin listed on the entity’s paragraph (a). containers, vials, tubes, etc.) of select registration, including probable routes ■ b. By adding a sentence at the end of agent destroyed, the date of such action, of transmission in the laboratory and in paragraph (f). and by whom. the environment, infective dose (if The additions read as follows: * * * * * known), stability in the environment, (8) For a select agent or an extract host range, contribution of any genetic § 331.14 Incident response.5 from a select agent that has been manipulations, and endemicity. (a) * * * The current incident rendered nonviable or regulated nucleic (ii) Hazards associated with laboratory response plan must be submitted for acids that have been rendered non- procedures related to the select agent or initial registration, renewal of infectious: toxin. registration, or when requested. (i) A written description of the (2) Safeguards in place with * * * * * inactivation process used for rendering associated containment procedures to (f) * * * Drills or exercises must be a select agent or an extract from a select protect registered entity personnel, the documented to include how the drill or agent nonviable or regulated nucleic public, and the environment from exercise tested and evaluated the plan, acids non-infectious; exposure to the select agent or toxin any problems that were identified and (ii) The sterility testing protocol used including, but not limited to: Safety corrective action(s) taken, and all to verify nonviability of a select agent or training requirements for registered individuals who participated in the drill an extract from a select agent or non- entity personnel performing the or exercise. infectivity of regulated nucleic acids procedure; required personal protective ■ 11. Section 331.15 is amended as and the results of the test, including equipment; required containment follows: investigation, of any inactivation equipment including, but not limited to, ■ a. By revising paragraph (a), process failures and the corrective biological safety cabinets, arthropod introductory text. actions taken; caging systems, and centrifuge safety ■ b. By revising paragraph (a)(1). (iii) The name of each individual containers; and required physical plant The revisions read as follows: performing the inactivation method and engineering controls. sterility testing protocols; 5 Nothing in this section is meant to supersede or (iv) The date(s) the inactivation 4 Technical assistance and guidance may be preempt incident response requirements imposed method and sterility testing protocols obtained by contacting APHIS. by other statutes or regulations. were completed;

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(v) The location where the inactivated The additions and revisions read as nucleic acids that can produce method and sterility testing protocols follows: infectious forms of any select agent were performed; and viruses non-infectious. § 121.3 VS select agents and toxins. (vi) An inactivation certificate that (F) Reviews, and revises as necessary, includes the date of inactivation, * * * * * documents listed in paragraph method of inactivation, date of final (d) * * * (d)(2)(i)(E) of this section after any (2) Nonviable VS select agents or sterility testing protocol result, and the 3 change in principal investigator, change name of the person performing the nonfunctional VS toxins. (i) Unless waived by the in protocol, or any reported viability of inactivation. A copy of the inactivation Administrator, a select agent or a select agent or infectivity of regulated certificate must accompany any transfer regulated nucleic acids that can produce nucleic acids that can produce of inactivated material. infectious forms of any select agent infectious forms of any select agent (b) * * * All written records created virus that has been subjected to a viruses previously assessed as inactive. under this part are legible. validated inactivation process to remove (ii) Unless waived by the (c) Any records that contain viability or infectious form (i.e., the Administrator, an extract from a select information related to the requirements ability to reproduce or produce disease, agent is not excluded from the of the regulations. Such records may while maintaining cellular structure) is requirements of this part until an include, but are not limited to, not excluded from the requirements of individual or entity meets the following biocontainment certifications, this part until an entity: requirements: laboratory notebooks, institutional (A) Develops a site-specific kill curve (A) Any extract is subjected to a biosafety and/or animal use committee to define conditions of inactivation for process that removes all viable cells, minutes and approved protocols, and each select agent or regulated nucleic spores, or virus particles. records associated with occupational acids that can produce infectious forms (B) Any extract is subjected to a health and suitability programs. All of any select agent virus. If there are validated sterility testing protocol to records created under this part must be strain-to-strain variations in resistance ensure that the inactivation method has maintained for 3 years. of a select agent to the inactivation rendered the extract free of a select TITLE 9—ANIMALS AND ANIMAL procedure, then a specific kill curve agent. PRODUCTS must be developed for each strain that (C) Any viability of an extract that undergoes the inactivation procedure. A was subjected to a validated inactivation PART 121—POSSESSION, USE, AND new kill curve must be created upon protocol is reported to the responsible TRANSFER OF SELECT AGENTS AND any change in procedure or inactivation official. TOXINS equipment. (D) Any viability of a select agent or (B) Develops site-specific standard ■ infectivity of regulated nucleic acids 14. The authority citation for part 121 operating inactivation procedures to continues to read as follows: that can produce infectious forms of any ensure that the material is inactivated select agent virus that was previously Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, by a safety margin determined by the assessed as inactive by their validated and 371.4. kill curve. sterility testing protocol is reported to (C) Subjects representative samples of APHIS or CDC. ■ 15. Section 121.1 is amended by inactivated select agents or any nucleic adding, in alphabetical order, (E) Reviews annually, and revises as acids that can produce infectious forms necessary, the following: definitions of inactivation and kill curve of any select agent viruses to a validated to read as follows: (1) The kill curve procedure and sterility testing protocol to ensure that results; the inactivation method has rendered § 121.1 Definitions. (2) Site-specific standard operating the select agent non-viable or regulated * * * * * procedures to ensure that select agents nucleic acids non-infectious. Inactivation. A method to render a (D) Any viability of a select agent or or regulated nucleic acids that can select agent non-viable but retain infectivity of regulated nucleic acids produce infectious forms of any select characteristic of interest for future use, that can produce infectious forms of any agent viruses are inactivated by a safety or to render any nucleic acids that can select agent virus that was subjected to margin; and produce infectious forms of any select a validated inactivation protocol is (3) The validated sterility testing agent virus non-infectious for future reported to APHIS or CDC. protocol used to ensure that the use. (E) Reviews annually, and revises as inactivation method has rendered a * * * * * necessary, the following: select agent non-viable or regulated Kill curve. The results of a dose- (1) The kill curve procedure and nucleic acids that can produce response experiment where a select results; infectious forms of any select agent agent is subjected to increasing amounts (2) Site-specific standard operating viruses non-infectious. of the inactivating treatment to procedures to ensure that select agents (F) Reviews, and revises as necessary, determine the minimum conditions or regulated nucleic acids that can documents listed in paragraph required to render it non-viable, or to produce infectious forms of any select (d)(2)(ii)(E) of this section after any render any nucleic acids that can agent virus are inactivated by a safety change in principal investigator, change produce infectious forms of any select margin; and in protocol, or any reported viability of agent virus as non-infectious. (3) The validated sterility testing a select agent or infectivity of regulated * * * * * protocol used to ensure that the nucleic acids that can produce ■ 16. Section 121.3 is amended as inactivation method has rendered a infectious forms of any select agent follows: select agent non-viable or regulated virus previously assessed as inactive. ■ a. By revising paragraphs (d)(2) and (3) Any low pathogenic strains of 3 However, the importation and interstate avian influenza virus, avian (d)(3). movement of these nonviable select agents may be ■ paramyxovirus serotype-1 (APMV–1) b. By adding paragraph (d)(4). subject to the permit requirements under part 122 ■ c. By adding paragraph (e)(3). of this subchapter. viruses which do not meet the criteria

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for Newcastle disease virus,4 including (2) Nonviable overlap select agents or (d)(2)(i)(E) of this section after any those identified as pigeon nonfunctional overlap toxins.7 change in principal investigator, change paramyxovirus-12 5 isolated from a non- (i) Unless waived by the APHIS in protocol, or any reported viability of poultry species, all subspecies Administrator or HHS Secretary, a select a select agent or infectivity of regulated Mycoplasma capricolum except agent or regulated nucleic acids that can nucleic acids that can produce subspecies capripneumoniae produce infectious forms of any select infectious forms of any select agent (contagious caprine pleuropneumonia), agent virus that has been subjected to a virus previously assessed as inactive. and all subspecies Mycoplasma validated inactivation process to remove (ii) Unless waived by the APHIS mycoides except subspecies mycoides viability or infectious form (i.e., the Administrator or HHS Secretary, an small colony (Mmm SC) (contagious ability to reproduce or produce disease, extract from a select agent is not bovine pleuropneumonia), provided while maintaining cellular structure) is excluded from the requirements of this that the individual or entity can identify not excluded from the requirements of part until an individual or entity meets that the agent is within the exclusion this part until an individual or entity: the following requirements: category. (A) Develops a site-specific kill curve (A) Any extract is subjected to a (4) Waste generated during the to define conditions of inactivation for process that removes all viable cells, delivery of patient care from a patient each select agent or regulated nucleic spores, or virus particles. infected with a select agent that is acids that can produce infectious forms (B) Any extract is subjected to a of any select agent virus. If there are decontaminated with a validated validated sterility testing protocol to strain-to-strain variations in resistance method within 7 calendar days of the ensure that the inactivation method has of a select agent to the inactivation conclusion of patient care. rendered the extract free of a select procedure, then a specific kill curve (e) * * * agent. must be developed for each strain that (C) Any viability of an extract that (3) An individual or entity may make undergoes the inactivation procedure. A a written request to the Administrator was subjected to a validated inactivation new kill curve must be created upon protocol is reported to the responsible for reconsideration of a decision any change in procedure or inactivation denying an application for the exclusion official. equipment. (D) Any viability of a select agent or of an attenuated strain of a select agent (B) Develops site-specific standard infectivity of regulated nucleic acids or a select toxin modified to be less operating inactivation procedures to that can produce infectious forms of any potent or toxic. The written request for ensure that the material is inactivated select agent virus that was previously reconsideration must state the facts and by a safety margin determined by the reasoning upon which the individual or kill curve. assessed as inactive by the validated entity relies to show the decision was (C) Subjects representative samples of sterility testing protocol is reported to incorrect. The Administrator will grant inactivated select agents or any APHIS or CDC. or deny the request for reconsideration regulated nucleic acids that can produce * * * * * as promptly as circumstances allow and infectious forms of any select agent (4) Waste generated during the will state, in writing, the reasons for the viruses to a validated sterility testing delivery of patient care from a patient decision. protocol to ensure that the inactivation infected with a select agent that is * * * * * method has rendered the select agent decontaminated with a validated non-viable or regulated nucleic acids method within 7 calendar days of the ■ 17. Section 121.4 is amended as non-infectious. conclusion of patient care. follows: (D) Reports any viability of a select (e) * * * ■ a. In paragraph (b), by removing the agent or infectivity of regulated nucleic (3) An individual or entity may make words ‘‘Bacillus anthracis (Pasteur acids that can produce infectious forms a written request to the Administrator or strain);’’, ‘‘Brucella abortus;’’, and of any select agent virus that was HHS Secretary for reconsideration of a ‘‘Brucella suis;’’. subjected to a validated inactivation decision denying an application for the ■ b. In paragraph (c)(1), by redesignating protocol to the responsible official. exclusion of an attenuated strain of a footnote 4 as footnote 6. (E) Reviews annually, and revises as select agent or a select toxin modified to ■ c. By revising paragraph (d)(2). necessary, the following: be less potent or toxic. The written ■ d. By adding paragraph (d)(4). (1) The kill curve procedure and request for reconsideration must state ■ e. By adding paragraph (e)(3). results; the facts and reasoning upon which the (2) Site-specific standard operating individual or entity relies to show the The additions and revision read as procedures to ensure that select agents follows: decision was incorrect. The or regulated nucleic acids that can Administrator or HHS Secretary will § 121.4 Overlap select agents and toxins. produce infectious forms of any select grant or deny the request for agent virus are inactivated by a safety * * * * * reconsideration as promptly as margin; and (d) * * * circumstances allow and will state, in (3) The validated sterility testing writing, the reasons for the decision. protocol used to ensure that the 4 * * * * * An APMV–1 virus isolated from poultry which inactivation method has rendered a has an intracerebral pathogenicity index in day-old ■ 18. Section 121.5 is amended as chicks (Gallus gallus) of 0.7 or greater or has an select agent non-viable or regulated nucleic acids that can produce follows: amino acid sequence at the fusion (F) protein ■ a. By revising paragraphs (a)(2) and cleavage site that is consistent with virulent strains infectious forms of any select agent of Newcastle disease virus. A failure to detect a (a)(3). viruses non-infectious. ■ cleavage site that is consistent with virulent strains (F) Reviews, and revises as necessary, b. By adding paragraph (a)(4). does not confirm the absence of a virulent virus. documents listed in paragraph The addition and revisions read as 5 Pigeon paramyxovirus (PPMV–1) is a species- follows: adapted APMV–1 virus which is endemic in pigeons and doves in the United States and can be 7 However, the importation and interstate § 121.5 Exemptions for VS select agents identified through monoclonal antibody testing and movement of these nonviable overlap select agents and toxins. demonstration of their characteristic amino acid may be subject to the permit requirements under signature at the fusion gene cleavage site. part 122 of this subchapter. (a) * * *

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(2) The agent or toxin is secured ■ c. In paragraph (c)(3), introductory and adding the word ‘‘permissions’’ in against theft, loss, or release during the text, by redesignating footnote 6 as its place. period between identification of the footnote 8. ■ b. By adding paragraph (c)(11). agent or toxin and transfer or ■ d. In paragraph (h)(1), by ■ c. In paragraph (d)(7)(iv), by removing destruction of such agent or toxin, and redesignating footnote 7 as footnote 9. the word ‘‘and’’. any theft, loss, or release of such agent The addition reads as follows: ■ d. By adding paragraph (d)(7)(vi). or toxin is reported; ■ e. By adding a sentence at the end of § 121.7 Registration and related security paragraph (h). (3) Unless directed otherwise by the risk assessments. Administrator, the clinical or diagnostic The additions read as follows: specimens collected from a patient * * * * * § 121.11 Security. infected with a select agent are (b) As a condition of registration, each transferred in accordance with § 121.16 entity is required to be in compliance * * * * * or destroyed on-site by a recognized with the requirements of this part for (c) * * * sterilization or inactivation process select agents and toxins listed on the (11) Describe how the entity within 7 calendar days after delivery of registration regardless of whether the authorizes the means of entry into areas patient care has concluded; and entity is in actual possession of the where select agents or toxins are stored (4) The identification of the agent or select agent or toxin. With regard to or used to include centralized access toxin is reported to APHIS or CDC, the toxins, the entity registered for control management systems (e.g., specimen provider, and to other possession, use, or transfer of a toxin keycards) and/or mechanical key appropriate authorities when required must be in compliance with the management. by Federal, State, or local law by requirements of this part regardless of (d) * * * telephone, facsimile, or email. This the amount of toxin currently in (7) * * * report must be followed by submission possession. (vi) Any loss of computer, hard drive of APHIS/CDC Form 4 to APHIS or CDC * * * * * or other data storage device containing information that could be used to gain within 7 calendar days after § 121.8 [Amended] identification. access to select agents or toxins. ■ 21. In § 121.8, footnote 8 is * * * * * * * * * * redesignated as footnote 10. (h) * * * Drills or exercises must be ■ 19. Section 121.6 is amended as ■ 22. Section 121.9 is amended as documented to include how the drill or follows: follows: exercise tested and evaluated the plan, ■ a. In paragraph (a)(2), by removing the ■ a. In paragraph (a)(6), by removing the any problems that were identified and word ‘‘and’’ at the end of the paragraph. word ‘‘laboratory’’ and adding the corrective action(s) taken, and all ■ b. By redesignating paragraph (a)(3) as words ‘‘registered space’’ in its place individuals who participated in the drill paragraph (a)(4). and by adding the words ‘‘and the or exercise. ■ c. By adding new paragraph (a)(3). corrections documented’’ at the end of ■ 25. Section 121.12 is amended as ■ d. By revising newly redesignated the second sentence after the words follows: paragraph (a)(4). ‘‘must be corrected’’. ■ a. By revising paragraph (a). The addition and revision read as ■ b. By adding paragraph (a)(7). ■ b. By removing paragraph (c)(2). follows: The addition reads as follows: ■ c. By redesignating paragraph (c)(3) as § 121.6 Exemptions for overlap select § 121.9 Responsible official. paragraph (c)(2), and removing the agents and toxins. words ‘‘NIH Guidelines for Research (a) * * * Involving Recombinant DNA (a) * * * (7) Ensure that individuals are (3) Unless directed otherwise by the Molecules’’ and replacing them with the provided the contact information for the words ‘‘NIH Guidelines for Research Administrator or HHS Secretary, the USDA or HHS Office of Inspector clinical or diagnostic specimens Involving Recombinant or Synthetic General Hotline so that they may Nucleic Acid Molecules’’. collected from a patient infected with a anonymously report any safety or select agent are transferred in ■ d. By adding a sentence at the end of security concerns related to select paragraph (e). accordance with § 121.16, or destroyed agents and toxins. on-site by a recognized sterilization or The addition and revision read as * * * * * inactivation process within 7 calendar follows: ■ 23. In § 121.10, paragraph (e) is days after delivery of patient care has amended by adding a sentence at the § 121.12 Biosafety. concluded; end of the paragraph to read as follows: (a) An individual or entity required to (4) The identification of the agent or register under this part must develop toxin is reported to APHIS or CDC, the § 121.10 Restricting access to select and implement a written biosafety plan specimen provider, and to other agents and toxins; security risk that is commensurate with the risk of appropriate authorities when required assessments. the select agent or toxin, given its by Federal, State, or local law by * * * * * intended use.11 The biosafety plan must telephone, facsimile, or email. This (e) * * * A responsible official must contain sufficient information and report must be followed by submission immediately notify the responsible documentation to describe the biosafety of APHIS/CDC Form 4 to APHIS within official of the visited entity if the and containment procedures for the 7 calendar days after identification. person’s access to select agents and select agent or toxin, including any * * * * * toxins has been terminated. animals (including arthropods) or plants ■ 20. Section 121.7 is amended as * * * * * intentionally or accidentally exposed to follows: ■ 24. Section 121.11 is amended as or infected with a select agent. Biosafety ■ a. By redesignating paragraphs (b) follows: and containment procedures specific to through (k) as paragraphs (c) through (l), ■ a. In paragraph (c)(5), by adding the respectively. word ‘‘keycards,’’ after the word ‘‘keys,’’ 11 Technical assistance and guidance may be ■ b. By adding a new paragraph (b). and by removing the word ‘‘numbers’’ obtained by contacting APHIS.

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each registered laboratory must be in order to prevent unintentional ■ 28. Section § 121.16 is amended as available to each individual working in contamination. follows: that laboratory. The current biosafety * * * * * ■ a. In paragraph (a), by redesignating plan must be submitted for initial (e) * * * Drills or exercises must be footnote 12 as footnote 14. registration, renewal of registration, or documented to include how the drill or ■ b. By revising paragraph (b), when requested. The biosafety plan exercise tested and evaluated the plan, introductory text. must include the following provisions: any problems identified and corrective ■ c. By adding paragraph (l). (1) A written risk assessment for each action(s) that were taken, and all The addition and revision read as procedure involving a select agent or individuals who participated in the drill follows: toxin that addresses the hazards or exercise. § 121.16 Transfers. associated with the agent or toxin. ■ 26. Section 121.14 is amended as * * * * * (i) The hazardous characteristics of follows: ■ (b) A transfer may be authorized if: each agent or toxin listed on the entity’s a. In paragraph (a), by redesignating * * * * * registration, including probable routes footnote 11 as footnote 13, and by (l) Transfer the amounts only after the of transmission in the laboratory and in adding a sentence at the end of the transferor uses due diligence and the environment, infective dose (if paragraph. ■ b. In paragraph (f), by adding a documents that the recipient has a known), stability in the environment, sentence at the end of the paragraph. legitimate need (i.e., prophylactic, host range, contribution of any genetic The additions read as follows: protective, bona fide research, or other manipulations, and endemicity. peaceful purpose) to handle or use such § 121.14 Incident response.12 (ii) Hazards associated with laboratory toxins. Information to be documented procedures related to the select agent or (a) * * * The current incident includes, but is not limited, to the toxin. response plan must be submitted for recipient information, toxin and amount (2) Safeguards in place with initial registration, renewal of transferred, and declaration that the associated work practices to protect registration, or when requested. recipient has legitimate purpose to store registered entity personnel, the public, * * * * * and use such toxins. and the environment from exposure to (f) * * * Drills or exercises must be ■ 29. Section 121.17 is amended as the select agent or toxin including, but documented to include how the drill or follows: not limited to: Safety training exercise tested and evaluated the plan, ■ a. In paragraph (a)(1)(iii), by adding requirements for registered entity any problems identified and corrective the words ‘‘or other storage container’’ personnel performing the procedure; action(s) that were taken, and all after the word ‘‘freezer’’. required personal protective equipment individuals who participated in the drill ■ b. By adding paragraph (a)(1)(ix). and other safety equipment; required or exercise. ■ c. In paragraph (a)(3)(v), by adding the containment equipment including, but ■ 27. Section 121.15 is amended as words ‘‘or other storage container’’ after not limited to, biological safety cabinets, follows: the word ‘‘freezer’’. ■ animal caging systems, and centrifuge a. By revising paragraphs (a), ■ d. By adding paragraph (a)(8). introductory text, and (a)(1). ■ e. By adding a sentence at the end of safety containers; and required ■ engineering controls and other facility b. By adding paragraph (e). paragraph (b). The addition and revisions read as safeguards. ■ f. By revising paragraph (c). follows: (3) Written procedures for The additions and revision read as decontamination, with a validated § 121.15 Training. follows: method, of all contaminated or (a) An individual or entity required to § 121.17 Records. potentially contaminated materials register under this part must provide (a) * * * including, but not limited to: Cultures information and training on (1) * * * and other materials related to the biocontainment, biosafety, security (ix) If destroyed, the quantity (e.g., propagation of select agents or toxins, (including security awareness), incident containers, vials, tubes, etc.) of select response, and agent- and toxin-specific items related to the analysis of select agent destroyed, the date of such action, training to: agents and toxins, personal protective and by whom. equipment, animal caging systems and (1) Each individual with access bedding, and animal carcasses or approval from the HHS Secretary or * * * * * extracted tissues. Administrator, within 12 months of that (8) For a select agent or an extract from a select agent that has been (4) Written procedures for individual’s anniversary of receiving rendered non-viable or regulated decontamination, with a validated such approval or prior to his or her nucleic acids that can produce method, of laboratory surfaces and entry into an area where select agents or infectious forms of any select agent equipment using manufacturer’s toxins are used or stored, whichever virus that have been rendered non- specification. occurs first; and * * * * * infectious through inactivation: (5) Effluent decontamination (i) A written description of the procedures, with a validated method, (e) The responsible official must ensure and document that individuals inactivation process used for rendering that describe the treatment of effluent a select agent non-viable or regulated material contaminated with select are provided the contact information of the HHS or USDA Office of Inspector nucleic acids that can produce agents and toxins. infectious forms of any select agent (6) Procedures to respond to General Hotline so that they may anonymously report any safety or virus non-infectious; emergencies such as spills, sharps (ii) The sterility testing protocol used injury, or animal bites involving select security concerns related to select agents and toxins. to verify non-viability of a select agent agents and toxins. or non-infectivity of regulated nucleic (7) Procedures for the handling of 12 Nothing in this section is meant to supersede acids that can produce infectious forms select agents and toxins in the same or preempt incident response requirements of any select agent virus and the results spaces with non-select agents and toxins imposed by other statutes or regulations. of the test, including investigation, of

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any inactivation process failures and the DATES: We will consider comments we SUPPLEMENTARY INFORMATION: Under the corrective actions taken; receive by April 18, 2016. authority of the USGSA (7 U.S.C. 76), (iii) The name of each individual ADDRESSES: You may submit written or GIPSA establishes standards for performing the inactivation method and electronic comments on this proposed sunflower seed and other grains sterility testing protocols; rule to: regarding kind, class, quality and (iv) The date(s) the inactivation • Mail: Irene Omade, GIPSA, USDA, condition. The sunflower seed method and sterility testing protocols STOP 3642, 1400 Independence Avenue standards, established by USDA on were completed; SW., Room 2530–B, Washington, DC September 1, 1984, were last revised in (v) The location where the inactivated 20250–3604. 1988 and appear in the USGSA • method and sterility testing protocols Fax: (202) 690–2173 regulations at 7 CFR 810.1801 through • were performed; and Internet: Go to http:// 810.1804. The standards facilitate (vi) An inactivation certificate that www.regulations.gov and follow the on- sunflower seed marketing and define includes the date of inactivation, line instruction for submitting U.S. sunflower seed quality in the method of inactivation, date of final comments. domestic and global marketplace. The All comments will become a matter of sterility testing protocol result, and the standards define commonly used public record and should be identified Principal Investigator. A copy of the industry terms; contain basic principles inactivation certificate must accompany as ‘‘U.S. Standards for Sunflower Seed request for information comments,’’ governing the application of standards, any transfer of inactivated material. such as the type of sample used for a (b) * * * All written records created making reference to the date and page number of this issue of the Federal particular quality analysis; the basis of under this part are legible. determination; and specify grades and (c) Any records that contain Register. All comments received become the property of the Federal grade requirements. Official procedures information related to the requirements for determining grading factors are of the regulations. Such records may government, are a part of the public record, and will generally be posted to provided in GIPSA’s Grain Inspection include, but are not limited to, Handbook, Book II, Chapter 11, certifications, laboratory notebooks, www.regulations.gov without change. If ‘‘Sunflower Seed’’ which also includes institutional biosafety and/or animal use you send an email comment directly to standardized procedures for additional committee minutes and approved GIPSA without going through protocols, and records associated with www.regulations.gov, or you submit a quality attributes not used to determine occupational health and suitability comment to GIPSA via fax, the grade, such as moisture content and programs. All records created under this originating email address or telephone official criteria. Together, the grading part must be maintained for 3 years. number will be automatically captured standards and testing procedures allow and included as part of the comment buyers and sellers to communicate Done in Washington, DC, this 8th day of that is placed in the public docket and quality requirements, compare January 2016. made available on the Internet. Also, all sunflower seed quality using equivalent Kevin Shea, personal identifying information (for forms of measurement and assist in Administrator, Animal and Plant Health example, name, address, etc.) price discovery. Inspection Service. voluntarily submitted by the commenter [FR Doc. 2016–00681 Filed 1–14–16; 4:15 pm] may be publicly accessible. Do not GIPSA’s grading and inspection BILLING CODE 3410–34–P submit confidential business services are provided through a network information or otherwise sensitive or of federal, state, and private laboratories protected information. that conduct tests to determine the DEPARTMENT OF AGRICULTURE Electronic submissions should avoid quality and condition of sunflower seed. the use of special characters, avoid any These tests are conducted in accordance Grain Inspection, Packers and form of encryption, and be free of any with applicable standards using Stockyards Administration defects or viruses, since these may approved methodologies and can be prevent GIPSA from being able to read applied at any point in the marketing 7 CFR Part 810 and understand, and thus consider your chain. Furthermore, the tests yield United States Standards for Sunflower comment. rapid, reliable and consistent results. In Seed GIPSA will post a transcript or report addition, GIPSA-issued certificates summarizing each substantive oral describing the quality and condition of AGENCY: Grain Inspection, Packers and comment that we receive. This would graded sunflower seed are accepted as Stockyards Administration, USDA. include comments made at any public prima facie evidence in all Federal ACTION: Request for information. meetings hosted by GIPSA during the courts. U.S. Standards for Sunflower comment period, unless GIPSA Seed and the affiliated grading and SUMMARY: The United States Department publically announces otherwise. testing services offered by GIPSA verify of Agriculture’s (USDA) Grain All comments will also be available that a seller’s sunflower seed meets Inspection, Packers, and Stockyards for public inspection at the above specified requirements, and ensure that address during regular business hours (7 Administration (GIPSA) is seeking customers receive the quality of CFR 1.27(b)). Please call the GIPSA comment from the public regarding the sunflower seed they purchased. United States (U.S.) Standards for Management and Budget Services Sunflower Seed under the United States support staff (202) 720–8479 for an In order for U.S. standards and Grain Standards Act (USGSA). To appointment to view the comments. grading procedures for sunflower seed ensure that standards and official FOR FURTHER INFORMATION CONTACT: to remain relevant, GIPSA is issuing this grading practices remain relevant, Andrew Greenfield at GIPSA, USDA, request for information to invite GIPSA invites interested parties to 1400 Independence Avenue SW., interested parties to submit comments, comment on whether the current Washington. DC 20250; Telephone (202) ideas, and suggestions on all aspects of sunflower seed standards and grading 720–0277; Fax Number (202) 720–1015; the U.S. Standards for Sunflower Seed practices need to be changed. email [email protected].. and inspection procedures.

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Authority: 7 U.S.C. 71–87K. voluntarily submitted by the commenter quality and condition of oats. These Larry Mitchell, may be publicly accessible. Do not tests are conducted in accordance with submit confidential business applicable standards using approved Administrator, Grain Inspection, Packers and Stockyards Administration. information or otherwise sensitive or methodologies and can be applied at protected information. any point in the marketing chain. [FR Doc. 2016–00958 Filed 1–15–16; 8:45 am] Electronic submissions should avoid Furthermore, the tests yield rapid, BILLING CODE 3410–KD–P the use of special characters, avoid any reliable and consistent results. In form of encryption, and be free of any addition, GIPSA-issued certificates DEPARTMENT OF AGRICULTURE defects or viruses, since these may describing the quality and condition of prevent GIPSA from being able to read graded oats are accepted as prima facie Grain Inspection, Packers and and understand, and thus consider your evidence in all Federal courts. U.S. Stockyards Administration comment. Standards for Oats and the affiliated GIPSA will post a transcript or report grading and testing services offered by 7 CFR Part 810 summarizing each substantive oral GIPSA verify that a seller’s oats meets comment that we receive. This would specified requirements, and ensure that United States Standards for Oats include comments made at any public customers receive the quality of oats meetings hosted by GIPSA during the they purchased. AGENCY: Grain Inspection, Packers and comment period, unless GIPSA In order for U.S. standards and Stockyards Administration, USDA. publically announces otherwise. grading procedures for oats to remain ACTION: Request for information. All comments will also be available relevant, GIPSA is issuing this request SUMMARY: The United States Department for public inspection at the above for information to invite interested of Agriculture’s (USDA) Grain address during regular business hours (7 parties to submit comments, ideas, and Inspection, Packers, and Stockyards CFR 1.27(b)). Please call the GIPSA suggestions on all aspects of the U.S. Administration (GIPSA) is seeking Management and Budget Services Standards for Oats and inspection comment from the public regarding the support staff (202) 720–8479 for an procedures. United States (U.S.) Standards for Oats appointment to view the comments. Authority: 7 U.S.C. 71–87K under the United States Grain Standards FOR FURTHER INFORMATION CONTACT: Greg Larry Mitchell, Act (USGSA). To ensure that standards Giese at GIPSA, USDA, 10383 N. and official grading practices remain Ambassador Drive, Kansas City, MO Administrator, Grain Inspection, Packers and Stockyards Administration. relevant, GIPSA invites interested 64153; Telephone (816) 891–0460; Fax parties to comment on whether the Number (816) 872–1258; email [FR Doc. 2016–00848 Filed 1–15–16; 8:45 am] current oats standards and grading [email protected]. BILLING CODE 3410–KD–P practices need to be changed. SUPPLEMENTARY INFORMATION: Under the authority of the USGSA (7 U.S.C. 76), DATES: We will consider comments we DEPARTMENT OF AGRICULTURE receive by April 18, 2016. GIPSA establishes standards for oats ADDRESSES: You may submit written or and other grains regarding kind, class, Agricultural Marketing Service electronic comments on this proposed quality and condition. The oats rule to: standards, established by USDA on June 7 CFR Part 996 • Mail: Irene Omade, GIPSA, USDA, 16, 1919, were last revised in 1988 and STOP 3642, 1400 Independence Avenue appear in the USGSA regulations at 7 [Doc. No. AMS–FV–15–0066; FV16–996–1 PR] SW., Room 2530–B, Washington, DC CFR 810.1001 through 810.1005. The standards facilitate oats marketing and 20250–3604. Minimum Quality and Handling • define U.S. oats quality in the domestic Fax: (202) 690–2173 Standards for Domestic and Imported • and global marketplace. The standards Internet: Go to http:// Peanuts Marketed in the United States; define commonly used industry terms; www.regulations.gov and follow the on- Change to the Quality and Handling contain basic principles governing the line instruction for submitting Requirements comments. application of standards, such as the All comments will become a matter of type of sample used for a particular AGENCY: Agricultural Marketing Service, public record and should be identified quality analysis; the basis of USDA. as ‘‘U.S. Standards for Oats request for determination; and specify grades and ACTION: Proposed rule. information comments,’’ making grade requirements. Official procedures reference to the date and page number for determining grading factors are SUMMARY: This proposed rule would of this issue of the Federal Register. All provided in GIPSA’s Grain Inspection implement a recommendation from the comments received become the property Handbook, Book II, Chapter 7, ‘‘Oats’’ Peanut Standards Board (Board) to of the Federal government, are a part of which also includes standardized revise the minimum quality and the public record, and will generally be procedures for additional quality handling standards for domestic and posted to www.regulations.gov without attributes not used to determine grade, imported peanuts marketed in the change. If you send an email comment such as dockage and moisture content. United States (Standards). The Board directly to GIPSA without going through Together, the grading standards and advises the Secretary of Agriculture www.regulations.gov, or you submit a testing procedures allow buyers and regarding potential changes to the comment to GIPSA via fax, the sellers to communicate quality Standards and is comprised of originating email address or telephone requirements, compare oats quality producers and industry representatives. number will be automatically captured using equivalent forms of measurement This proposed rule would revise the and included as part of the comment and assist in price discovery. minimum quality, positive lot that is placed in the public docket and GIPSA’s grading and inspection identification, and reporting and made available on the Internet. Also, all services are provided through a network recordkeeping requirements under the personal identifying information (for of federal, state, and private laboratories Standards. It would also make example, name, address, etc.) that conduct tests to determine the numerous other changes to better reflect

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current industry practices and to revise Executive Order 12866 and Executive review of the changes to the Standards outdated language. The Board believes Order 13563 included in this proposed rule. This these changes would make additional Executive Orders 12866 and 13563 proposed rule invites comments on peanuts available for sale, help increase direct agencies to assess all costs and revisions to the minimum quality, efficiencies, and reduce costs to the benefits of available regulatory positive lot identification, and reporting and recordkeeping requirements under industry. alternatives and, if regulation is the Standards. This proposal would also necessary, to select regulatory DATES: Comments must be received by make numerous other changes to the approaches that maximize net benefits March 21, 2016. Standards to better reflect current (including potential economic, industry practices and to revise ADDRESSES: Interested persons are environmental, public health and safety outdated language. The Board believes invited to submit written comments effects, distributive impacts, and these changes would make additional concerning this proposal. Comments equity). Executive Order 13563 peanuts available for sale, increase must be sent to the Docket Clerk, emphasizes the importance of efficiencies, and reduce industry costs. Marketing Order and Agreement quantifying both costs and benefits, These changes were recommended by Division, Specialty Crops Program, reducing costs, harmonizing rules, and the Board at its meetings on June 24, AMS, USDA, 1400 Independence promoting flexibility. This action has 2015, and November 18, 2015. Avenue SW., STOP 0237, Washington, been designated as a ‘‘non-significant The Standards establish minimum DC 20250–0237; Fax: (202) 720–8938; or regulatory action’’ under section 3(f) of incoming and outgoing quality Internet: http://www.regulations.gov. All Executive Order 12866. Accordingly, requirements for domestic and imported comments should reference the the Office of Management and Budget peanuts marketed in the United States. document number and the date and (OMB) has waived the review process. Mandatory inspection is required to page number of this issue of the Federal Executive Order 13175 ensure that the quality regulations are Register and will be made available for met. The Standards also require positive public inspection in the Office of the This action has been reviewed in lot identification (PLI) of peanuts so Docket Clerk during regular business accordance with the requirements of they can be identified and tracked hours, or can be viewed at: http:// Executive Order 13175, Consultation during processing and disposition. www.regulations.gov. All comments and Coordination with Indian Tribal Finally, the Standards specify reporting submitted in response to this proposal Governments. The review reveals that and recordkeeping requirements for will be included in the record and will this regulation would not have handlers and importers. be made available to the public. Please substantial and direct effects on Tribal Sections 996.30 and 996.31 of the be advised that the identity of the governments and would not have Standards outline the incoming and individuals or entities submitting the significant Tribal implications. outgoing quality standards, respectively, comments will be made public on the Executive Order 12988 for peanuts. The incoming standards internet at the address provided above. currently prescribe specific This proposed rule has been reviewed requirements for segregation, moisture FOR FURTHER INFORMATION CONTACT: under Executive Order 12988, Civil content, and foreign material (stones, Jennie M. Varela, Marketing Specialist, Justice Reform. It is not intended to dirt, sticks, etc.). The outgoing standards or Christian D. Nissen, Regional have retroactive effect and shall not include specific requirements for Director, Southeast Marketing Field abrogate nor nullify any other statute, damage, foreign material, and moisture Office, Marketing Order and Agreement whether State or Federal, dealing with for both shelled and inshell peanuts. Division, Specialty Crops Program, the same subjects as this Act; but is The outgoing standards also require AMS, USDA; Telephone: (863) 324– intended that all such statutes shall peanuts to be positive lot identified and 3775, Fax: (863) 291–8614, or Email: remain in full force and effect except in tested and certified as negative for [email protected] or so far as they are inconsistent herewith aflatoxin. Both the incoming and [email protected]. or repugnant hereto (7 U.S.C. 587). outgoing standards require inspection Small businesses may request There are no administrative and certification by the Federal-State information on complying with this procedures which must be exhausted Inspection Service. regulation by contacting Antoinette prior to any judicial challenge to the Section 996.15 establishes a definition Carter, Marketing Order and Agreement provisions of this rule. for PLI. Section 996.31 requires PLI on Division, Specialty Crops Program, The Act requires that USDA take all peanuts designated for human AMS, USDA, 1400 Independence several actions with regard to peanuts consumption as part of the outgoing Avenue SW., STOP 0237, Washington, marketed in the United States. These standards. Section 996.40 establishes DC 20250–0237; Telephone: (202) 720– include ensuring mandatory inspection handling standards for peanuts and 2491, Fax: (202) 720–8938, or Email: on all peanuts marketed in the United includes specifics on how PLI will be [email protected]. States; developing and implementing used throughout the handling process, peanut quality and handling from initial identification through the SUPPLEMENTARY INFORMATION: This requirements; establishing the Board sampling and testing process. Section proposed rule is issued under the comprised of producers and industry 996.50 outlines the process for Minimum Quality and Handling representatives to advise USDA reconditioning failing lots and Standards for Domestic and Imported regarding the quality and handling establishes PLI requirements to track Peanuts Marketed in the United States requirements under the Standards; and and identify the peanuts throughout the (Standards), as amended (7 CFR part modifying those quality and handling reconditioning process. Section 996.74 996), as established pursuant to Public requirements when needed. USDA is outlines the compliance requirements Law 107–171, the Farm Security and required by the Act to consult with the for the Standards and includes penalties Rural Investment Act of 2002 (Act). The Board prior to making any changes to for failing to maintain proper PLI. Standards regulate the quality and the Standards. Sections 996.71 and 996.73 establish handling of domestic and imported Pursuant to the Act, USDA has the reporting and recordkeeping peanuts marketed in the United States. consulted with Board members in its requirements under the Standards.

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These sections specify, in part, the damage and defects. The first of these and lots that are disposed of in non- reports required and establish what columns provides the allowance for human consumption outlets. PLI also records need to be maintained and for major damage to unshelled peanuts and helps ensure that peanuts certified for how long. kernels, and the second column human consumption meet the outgoing The Standards were last revised in provides the allowance for minor requirements for grade and aflatoxin. In 2005. In 2014, the American Peanut defects. Currently, the allowance for addition, the PLI requirements are a Shellers Association (APSA) started a major damage is 1.5 percent for lots useful tool in product traceability and review of the current Standards and excluding splits and 2 percent for lots helping to ensure compliance with the developed a proposal to revise the of splits. The current allowance for Standards. Standards to reflect changes in the minor defects is 2.5 percent, except for The reporting and recordkeeping industry and to make other changes to No. 2 Virginia peanuts, for which the requirements also play a role in bring the Standards up to date. These allowance for minor defects is 3 percent. ensuring compliance. Handlers and recommended revisions were shared Under the proposal from APSA, the importers are required to maintain all with USDA and industry representatives two columns on damage would be relevant documentation on the and were then presented to the Board at merged into one column and would set disposition of inedible peanuts. The its meeting on June 24, 2015. The Board one overall allowance for damage for documentation maintained must be voted to approve the recommendations unshelled peanuts, cleaned-inshell sufficient to document and substantiate from APSA in their entirety. In addition, peanuts, and kernels of 3.5 percent. the proper disposition of all peanut lots a subcommittee was created to work Over the years, the industry has found failing grade or aflatoxin quality with USDA to review and recommend that growing practices such as no till standards. Reports and records are used any additional conforming changes to farming and modern harvesting to track and document the disposition of the Standards necessary to facilitate the practices have increased the amount of peanuts and to substantiate handler and revisions requested by the industry. At damage to individual kernels. In importer compliance with the a meeting on November 18, 2015, the addition, the shift to new peanut Standards. Board reviewed the modifications and varieties that produce larger kernels has In 2009, the peanut industry began conforming changes from the impacted the sampling of peanuts for the process of completely restructuring subcommittee and USDA, and approved damage. The larger kernels reduce the its tracking and reporting systems under them unanimously. Consequently, this number of peanuts in the sample such an industry-wide food safety system, proposed rule would make the that damaged kernels have a larger utilizing industry experts as well as following recommended changes. impact on the percentage of damage in guidance from the Food and Drug This proposed rule would revise the the sample size. Increasing the Administration, the Grocery minimum quality requirements under allowable damage would allow Manufacturers Association, and finished both the incoming and outgoing additional peanuts to meet the product manufacturers. The industry standards. The industry originally Standards and be shipped for human also decided to work toward meeting thought the presence of foreign material consumption. In addition, relaxing the the Global Food Safety Initiative (GFSI) in incoming peanuts could promote the damage allowance would allow more standards that were being mandated by growth of aflatoxin. Therefore, a limit lots of peanuts to move without being many major food manufacturers. GFSI on the amount of foreign material in remilled, helping to reduce handling certification requires, in part, that a incoming peanuts was established. costs. company shall be able to trace all raw However, the industry no longer Peanuts are also used for many material product lots, including believes there to be a correlation different products, including outlets packaging, from its suppliers through all between foreign material and aflatoxin. where cosmetic damage is not as stages of processing and dispatch to its In addition, due to advances in important, such as peanut butter, where customers. The industry reports that in technology, foreign material is easily the manufacturers are willing to 2010, the industry had its first audits removed from incoming peanuts, and purchase lots with a higher percentage performed against the GFSI standards, handlers are able to remove foreign of damage. Most manufacturers are and many in the industry are now material from incoming peanuts to a setting their own tolerance levels for certified under a GFSI scheme. level that is lower than the limit damage based on the products they The purpose of this effort was to currently specified in the incoming manufacture. By increasing the amount reduce the need for multiple audits standards. Further, most handlers are of allowable damage, more peanuts while providing ongoing assurance of setting their own tolerances for the would be available to be manufactured compliance within the industry with presence of foreign material. for human consumption, helping to food safety initiatives. Under these new Eliminating the maximum amount of maximize shipments and improving industry procedures, all raw peanuts are foreign material that incoming farmers returns. Therefore, this proposed rule lot coded, and there is a traceability stock peanuts may contain from the would relax the allowance for damage system in place to track them Standards would provide additional and defects to 3.5 percent for all throughout the handling process. flexibility by allowing individual unshelled peanuts, kernels, and for Handlers currently trace all peanuts handlers to determine the amount of cleaned-inshell peanuts. from the warehouse to final disposition, foreign material they would be willing This rule would also make changes to including edible, blanched, and oil to accept. As such, this proposal would the PLI requirements and the stock. Further, lots are segregated remove the current limit of 10.49 recordkeeping and reporting throughout the handling process in percent on the amount of foreign requirements under the Standards. In order to maintain identity should there material that incoming farmers stock the Standards, the PLI requirements are be a recall notice issued. peanuts may contain. used to help maintain the identity of In reviewing the Standards, the APSA The outgoing quality standards peanuts throughout the handling thought it is important to maintain PLI include a table that outlines, in part, process, thus maintaining the integrity on all lots meeting outgoing requirements for damage, minor defects, of lots being shipped to human requirements. This preserves the foreign material, and moisture. Two of consumption outlets, lots that are integrity of these lots and provides the columns of the table deal with subject to the reconditioning process, assurance to buyers that the peanuts

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have met all requirements, have not system. However, PLI would still disposition of all peanuts failing grade been commingled with lower grade continue to be required for all peanuts or aflatoxin quality standards. peanuts, and are ready to be utilized for meeting the outgoing standards. The APSA proposal as approved by human consumption. In addition, all This proposed rule would also revise the Board also recommended revising peanut manufacturers require the the reporting and recordkeeping the Standards to clarify that handlers official grade and aflatoxin certificate requirements under the Standards. All and importers are not producing a before taking possession of the peanuts handlers and importers are currently finished product and that the peanuts to confirm that the analytical and required to submit to USDA a monthly would require further processing prior physical tests required by law have been report documenting their monthly to human consumption. This would conducted. farmers stock acquisitions. Under the include amending the definition for However, given the industry’s new proposed changes, the requirement to peanuts in the Standards to indicate that requirements for tracking and submit this monthly report would be the peanuts covered under the traceability, the APSA found the eliminated. The industry stated that the Standards are raw peanuts and intended remaining PLI requirements in the information contained within the form for further processing by manufacturers Standards to be redundant and no was already being submitted to USDA prior to human consumption. The longer necessary. When the Standards on a daily basis as part of the farmers definitions for inshell and shelled were implemented in 2002, the current stock inspection process. Further, peanuts would also be revised to reflect industry traceability systems had not yet industry representatives stated that this that the peanuts covered by the been developed, and PLI was an data is maintained as part of the Standards are in their raw, natural state. important tool in maintaining traceability systems now in place. The definition of peanuts would compliance. The new traceability Therefore, the industry supported the continue to provide that green peanuts, systems are used by the industry to help removal of this requirement. which are raw, for consumption as maintain the identity of peanuts boiled peanuts are not subject to Additional changes were throughout the handling process, the regulation under the Standards. recommended to recognize the reporting same way PLI is used. These systems are However, these green peanuts are sold and recordkeeping done by the industry also used to track peanuts that are to be mostly by producers, not by handlers to meet the tracking and traceability reconditioned or disposed of in non- and importers, and make up a small requirements now required of the human consumption outlets, such as for share of the peanut market. The change industry for food safety initiatives. In seed or animal feed. The industry to the definition for peanuts would also reports that each peanut handler has addition to records relating to peanuts provide that peanuts intended for designed a traceability system that is meeting the outgoing standards, wildlife are also not subject to specifically integrated into their handlers and importers are required to regulation under the Standards. operations, and the industry believes maintain all relevant documentation on This change would also eliminate all that these systems largely perform all the disposition of inedible peanuts as references to roasting in the Standards the same functions as PLI. Further, these part of their food safety traceability to further clarify that handlers and systems were also designed to meet the requirements. Given the traceability and importers are not producing a finished new demands under food safety recordkeeping requirements product. At one time, roasting was used requirements, such as the Food Safety recommended to be added to the to reduce levels of aflatoxin and was and Modernization Act, and the food Standards and the recordkeeping included in the Standards for that safety and handling requirements set by requirements demanded under food purpose. However, roasting is no longer the manufacturers. The industry safety requirements, the industry used to treat aflatoxin. The Board believes having to utilize PLI in questioned the continued need for supported these proposed changes to addition to its own tracking systems USDA to have access to all such records reduce any confusion that handlers and requires additional time and under the Standards. Industry importers under the Standards are recordkeeping to follow peanuts that representatives stated that they no delivering a finished product ready for already have documented traceability. longer saw a need for USDA to require human consumption. The APSA proposal, as approved by regular access to records other than Finally, this proposed rule would also the Board, recommends revision of the those pertaining to peanuts meeting the make numerous other changes Standards to reflect current industry outgoing requirements. Consequently, throughout the Standards to update traceability programs. The industry pursuant to the Board-approved language and to reflect current industry believes that these changes would recommendation, this proposed rule practices and changes. Such changes reduce handling and inspection costs would modify the reporting include a change to the crop year, and help improve the efficiency of requirements to specify that USDA eliminating language relating to the old handling operations. Consequently, this would be permitted to inspect any quota system, and updating outdated proposed rule would add language to peanuts meeting outgoing requirements information, such as incorrect § 996.73 of the Standards to define the and any and all records pertaining to addresses, titles, and other contact necessary requirements for an industry- peanuts meeting outgoing quality information. It would also remove the based traceability system and would regulations. However, pursuant to the requirement that peanuts testing at or provide allowances for systems meeting Act, the Secretary shall work to provide above 301 ppb of aflatoxin can only be these requirements to be used in place adequate safeguards regarding all disposed of through crushing or export, of PLI prior to inspection and quality concerns related to peanuts. as cleaning technology has improved to certification. The existing PLI system Therefore, this change would not the point that peanuts testing at or would also remain in place as a preclude USDA from having access to above this level may possibly be cleaned requirement for any handler who does all materials and records necessary to meet the outgoing standards. not have a system in place that would should there be a situation necessitating The proposed changes approved by meet the requirements for an industry- an investigation or review to ensure the Board also included a based traceability system and for any compliance. The documentation recommendation to remove the lot size handler who would like to use PLI in maintained must still be sufficient to limit of 200,000 pounds on peanuts conjunction with their own traceability document and substantiate the proper presented for outgoing inspection.

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However, the 200,000 pound limit is the National Agricultural Statistics costs. By recognizing its internal required by USDA and the inspection Service (NASS), peanut production for traceability programs as an alternative to service to ensure an accurate sampling the 2014 and 2015 crop years averaged PLI, this should improve efficiencies protocol. Therefore, the 200,000 pound 5.756 billion pounds. The average value and reduce costs. In addition, this lot limit would be maintained. of production for the two-year period proposal should also make additional USDA is also adding an additional was $1.088 billion. The average grower peanuts available for sale, helping to change under this proposed rule that price over the two-year period was maximize shipments and improving would revise the requirements for $0.25 per pound. Dividing the two-year industry returns. imported peanuts under § 996.60(a). average production value of $1.088 This proposed rule is expected to This change would modify how billion by the approximate number of benefit the industry. The effects of this importers submit their entry peanut producers (7,500) results in an rule are not expected to be information to USDA. This section average revenue per producer of disproportionately greater or less for currently references the ‘‘stamp and approximately $145,000, which is well small handlers, producers or importers fax’’ entry process, which is being below the SBA threshold for small than for larger entities. replaced by the International Trade Data producers. Based on information and USDA has considered alternatives to System, a system that will automate the reports received by USDA, more than 50 these changes. The Act requires USDA filing of import and export information. percent of handlers may be considered to consult with the Board on changes to This proposed change would revise this small entities. Further, the estimated the Standards. An alternative would be section to reflect the new electronic value of peanuts imported into the to continue the Standards in their entry process. United States in 2014 was current form. However, the industry The Board believes these changes approximately $64 million. Based on believes the proposed changes would would bring the Standards closer in line that number, the majority of importers increase efficiencies, make additional with current industry practices, make would meet the SBA definition for small peanuts available for sale, and help additional peanuts available for sale, agricultural service firms. Consequently, update the Standards. Therefore, help reduce costs, and make operations a majority of handlers, importers and because of the anticipated benefits of more efficient. These proposed changes producers may be classified as small the recommended changes, this are consistent with the Standards and entities. alternative was rejected. USDA has met the Act. The current 10 custom blanchers, 4 with the Board, which is representative custom remillers, 3 oil mill operators, Initial Regulatory Flexibility Analysis of the industry, and has included nearly and 1 USDA and 17 USDA-approved all of its recommendations in this Pursuant to requirements set forth in private chemical (aflatoxin) laboratories proposed rule. the Regulatory Flexibility Act (RFA) (5 are subject to this rule to the extent that The Act specifies in § 1601(c)(2)(A) U.S.C. 601–612), the Agricultural they must comply with reconditioning that the Standards established pursuant Marketing Service (AMS) has provisions under § 996.50 and reporting to it may be implemented without considered the economic impact of this and recordkeeping requirements under regard to the Paperwork Reduction Act action on small entities. Accordingly, § 996.71. These requirements are of 1995 (44 U.S.C. Chapter 35). AMS has prepared this initial regulatory applied uniformly to these entities, However, USDA has considered the flexibility analysis. whether large or small. The purpose of the RFA is to fit This proposed rule would revise the reporting and recordkeeping burden on regulatory actions to the scale of minimum quality, positive lot handlers and importers under this businesses subject to such actions in identification, and reporting and program. Handlers and importers are order that small businesses will not be recordkeeping requirements under the only required currently to complete one unduly or disproportionately burdened. Standards. This proposal would also form, the monthly acquisition of farmers Small agricultural producers are make numerous other changes to the stock peanuts. Under this proposed rule, defined by the Small Business Standards to better reflect current this requirement would be removed, Administration (SBA) as those having industry practices and to revise reducing the reporting burden. annual receipts of less than $750,000, outdated language. The Board believes Recordkeeping requirements would and small agricultural service firms, these changes would make additional remain the same. Accordingly, this rule including handlers and importers, are peanuts available for sale, help increase will not impose any additional reporting defined as those having annual receipts efficiencies, and reduce costs to the or recordkeeping requirements on either of less than $7,000,000 (13 CFR industry. small or large handlers or importers. 121.201). This proposed rule is issued under Section 1601 of the Act also provides There are approximately 7,500 peanut the Minimum Quality and Handling that amendments to the Standards may producers; 65 peanut handlers, Standards for Domestic and Imported be implemented without extending operating approximately 70 shelling Peanuts Marketed in the United States, interested parties an opportunity to plants; and 25 importers subject to as amended (7 CFR part 996), as comment. However, due to the nature of regulation under this peanut program. established pursuant to Public Law 107– the proposed changes, interested parties An approximation of the number of 171, the Farm Security and Rural are provided with a 60-day comment peanut farms that could be considered Investment Act of 2002. period. small agricultural businesses under the It is not anticipated that this action AMS is committed to complying with SBA definition can be obtained from the would impose additional costs on the E-Government Act to promote the 2012 Agricultural Census, which is the handlers, producers, or importers, use of the internet and other most recent information on the number regardless of size. Rather, these changes information technologies to provide of farms categorized by size. There were should help the industry reduce costs increased opportunities for citizen 3,066 peanut farms with annual by helping to increase efficiencies. The access to Government information and agricultural sales valued at less than industry believes the requirement that services, and for other purposes. $500,000 in 2012, representing 47 they continue to use PLI in addition to USDA has not identified any relevant percent of the total number of peanut its own internal traceability systems Federal rules that duplicate, overlap or farms in the U.S. (6,561). According to creates redundancy and additional conflict with this rule.

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The Board’s meetings were widely § 996.3 Crop year. imported from foreign countries and publicized throughout the peanut Crop year means the calendar year in intended for further processing prior to industry, and all interested persons which the peanuts were planted as consumption by humans or animals, were invited to attend and participate in documented by the applicant for other than those intended for wildlife or Board deliberations on all issues. Like inspection. those in green form for consumption as all Board meetings, the June 26, 2015, ■ 3. Section 996.9 is revised to read as boiled peanuts. and the November 18, 2015, meetings follows: * * * * * were public meetings, and all entities, § 996.9 Inshell peanuts. ■ 7. Section 996.15 is revised to read as both large and small, were able to Inshell peanuts means peanuts, the follows: express views on these issues. Finally, kernel or edible portions of which are § 996.15 Positive lot identification. interested persons are invited to submit contained in the shell in their raw or Positive lot identification is a means comments on this proposed rule, natural state which are milled but of identifying those peanuts meeting including the regulatory and unshelled. informational impacts of this action on ■ 4. Section 996.10 is revised to read as outgoing quality regulations as defined small businesses. follows: in § 996.31 and relating the inspection certificate issued by the Inspection A 60-day comment period is provided § 996.10 Inspection Service. Service, as defined in § 996.10, to the lot to allow interested persons an covered so that there is no doubt that opportunity to respond to this proposal. Inspection Service means the Federal the peanuts in the lot are the same All written comments timely received Inspection Service, Specialty Crops peanuts described on the inspection will be considered before a final Program, Agricultural Marketing certificate. determination is made on this matter. Service, USDA, or the Federal-State Inspection Service. § 996.17 [Removed and reserved] List of Subjects in 7 CFR Part 996 ■ 5. Section 996.12 is revised to read as follows: ■ 8. Section 996.17 is removed and Food grades and standards, Marketing reserved. agreements, Peanuts, Reporting and § 996.12 Outgoing inspection. ■ 9. Section 996.19 is revised to read as recordkeeping requirements. Outgoing inspection means the follows: sampling, inspection, and certification For the reasons set forth in the of either: shelled peanuts which have § 996.19 Shelled peanuts. preamble, 7 CFR part 996 is proposed to been cleaned, sorted, sized, and Shelled peanuts means the kernels or be amended as follows: otherwise prepared for further portions of kernels of peanuts in their processing; or inshell peanuts which raw or natural state after the shells are PART 996—MINIMUM QUALITY AND have been cleaned, sorted, and removed. HANDLING STANDARDS FOR otherwise prepared for further DOMESTIC AND IMPORTED PEANUTS § 996.30 [Amended] processing. MARKETED IN THE UNITED STATES ■ 6. The introductory paragraph of ■ 10. Section 996.30 is amended by § 996.13 is revised to read as follows: removing paragraphs (c) and (d). ■ 1. The authority citation for 7 CFR ■ 11. Section 996.31 is amended by part 996 continues to read as follows: § 996.13 Peanuts. revising the table under paragraph (a), Peanuts means the seeds of the Authority: 7 U.S.C. 7958. and paragraph (b)(2) to read as follows: legume Arachis hypogaea and includes ■ 2. Section 996.3 is revised to read as both inshell and shelled peanuts § 996.31 Outgoing quality standards. follows: produced in the United States or (a) * * *

MINIMUM QUALITY STANDARDS—PEANUTS FOR HUMAN CONSUMPTION [Whole kernels and splits: Maximum limitations]

Unshelled peanuts and damaged Total fall through Sound whole kernels and/ Foreign Moisture Type and grade category kernels and or sound split and broken kernels materials (percent) minor defects (percent) (percent)

Excluding Lots of ‘‘splits’’

Runner ...... 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 Virginia (except No. 2) ...... 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 Spanish and Valencia ...... 3.50 6.00%; 16/64 inch round screen ...... 20 9.00

No. 2 Virginia ...... 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 Runner with splits (not more than 15% sound 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 splits). Virginia with splits (not more than 15% sound 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 splits). Spanish and Valencia with splits (not more 3.50 6.00%; 16/64 inch round screen ...... 20 9.00 than 15% sound splits).

Lots of ‘‘splits’’

Runner (not less than 90% splits) ...... 3.50 6.00%; 17/64 inch round screen ...... 20 9.00 Virginia (not less than 90% splits) ...... 3.50 6.00%; 17/64 inch round screen ...... 20 9.00

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MINIMUM QUALITY STANDARDS—PEANUTS FOR HUMAN CONSUMPTION—Continued [Whole kernels and splits: Maximum limitations]

Unshelled peanuts and damaged Total fall through Sound whole kernels and/ Foreign Moisture Type and grade category kernels and or sound split and broken kernels materials (percent) minor defects (percent) (percent)

Spanish and Valencia (not less than 90% 3.50 6.00%; 16/64 inch round screen ...... 20 9.00 splits).

(b) * * * (2) * * * Both Subsamples 1–AB and § 996.50 Reconditioning failing quality (1) * * * 1–CD shall be accompanied by a notice peanuts. (2) Not more than 3.50 percent of sampling or grade certificate, signed (a) Lots of peanuts which have not peanuts with damaged or defective by the inspector, containing, at least, been certified as meeting the kernels; identifying information as to the requirements for disposition to human * * * * * handler or importer, and the positive lot consumption outlets may be disposed ■ 12. In § 996.40, paragraph (a), the last identification of the shelled peanuts. for non-human consumption uses: sentence of paragraph (b)(2), and * * * * * Provided, That each such lot is positive lot identified using red tags, identified paragraphs (b)(5) and (b)(6) are revised (5) Handlers and importers may make using a traceability system as defined in to read as follows: arrangements for required inspection § 996.73, or other methods acceptable to and certification by contacting the § 996.40 Handling standards. the Inspection Service, and certified as Inspection Service office closest to to aflatoxin content (actual numerical (a) Identification: Each lot of shelled where the peanuts will be made count), unless they are designated for or cleaned-inshell peanuts intended for available for sampling. For questions crushing. However, on the shipping human consumption shall be identified regarding inspection services, a list of papers covering the disposition of each by positive lot identification prior to Federal or Federal-State Inspection such lot, the handler or importer shall being shipped or otherwise disposed of. Service offices, or for further assistance, cause the following statement to be Positive lot identification (PLI) methods handlers and importers may contact: shown: ‘‘The peanuts covered by this are tailored to the size and Specialty Crops Inspection Division, bill of lading (or invoice, etc.) are not to containerization of the lot, by Specialty Crops Program, AMS, USDA, warehouse storage or space be used for human consumption.’’ 1400 Independence Avenue SW., Room (b)(1) Sheller oil stock residuals shall requirements, or by necessary further 1536–S, (STOP 0240), Washington, DC, movement of the lot prior to be positive lot identified using red tags, 20250–0240; Telephone: (202) 720– identified using a traceability system as certification. Positive lot identification 5870; Fax: (202) 720–0393. is established by the Inspection Service defined in § 996.73, or other methods and includes the following methods of (6) Handlers and importers may make acceptable to the Inspection Service, identification. For domestic lots and arrangements for required chemical and may be disposed of domestically or repackaged import lots, PLI includes PLI analysis for aflatoxin content at the to the export market in bulk or bags or stickers, tags or seals applied to each nearest USDA or USDA-approved other suitable containers. Disposition to individual package or container in such laboratory. For further information crushing may be to approved crushers. a manner that is acceptable to the concerning chemical analysis and a list However, sheller oil stock residuals may Inspection Service and maintains the of laboratories authorized to conduct be moved from a handler’s facility to identity of the lot. For imported lots, PLI such analysis contact: Science and another facility owned by the same tape may be used to wrap bags or boxes Technology Program, AMS, USDA, 1400 handler or another handler without PLI on pallets, PLI stickers may be used to Independence Avenue SW., STOP 0270, so long as such handler maintains a cover the shrink-wrap overlap, doors Washington, DC 20250–0270; satisfactory records system for may be sealed to isolate the lot, bags or Telephone (202) 690–0621; Fax (202) traceability purposes as defined in boxes may be stenciled with a lot 720–4631. § 996.73. number, or any other means that is * * * * * * * * * * acceptable to the Inspection Service. ■ 13. In § 996.50: (e) Lots of shelled peanuts moved for The crop year means the calendar year ■ a. Revise paragraph (a); remilling or blanching shall be positive in which the peanuts were planted as lot identified and accompanied by valid documented by the applicant. All lots of ■ b. Remove paragraph (b)(2); grade inspection certificate, Except shelled and cleaned-inshell peanuts ■ c. Redesignate paragraph (b)(1) as new That, a handler’s shelled peanuts may shall be shipped under positive lot paragraph (b)(2); Redesignate paragraph be moved without PLI and grade identification procedures. However, (b) introductory text as (b)(1) and revise inspection to the handler’s blanching peanut lots failing to meet quality it; facility that blanches only the handler’s requirements may be moved from a ■ d. Remove paragraph (e); peanuts. Lots of shelled peanuts may be handler’s facility to another facility moved for remilling or blanching to ■ e. Redesignate paragraphs (f), (g), (h), owned by the same handler or another another handler without PLI if the and (i) as paragraphs (e), (f), (g), and (h), handler without PLI so long as such handler uses a traceability system as respectively; and handler maintains a satisfactory records defined in § 996.73, Except That, any system for traceability purposes as ■ d. Revise newly redesignated grade inspection certificates associated defined in § 996.73. paragraphs (e) and (f). with these lots would no longer be (b) * * * The revisions read as follows: valid. The title of such peanuts shall be

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retained by the handler or importer § 996.71 Reports and recordkeeping. ■ c. Revise newly redesignated until the peanuts have been certified by (a) Each handler and importer shall paragraphs (a)(3) and (a)(5); and the Inspection Service as meeting the maintain a satisfactory records system ■ d. Revise paragraph (b). outgoing quality standards specified in for traceability purposes as defined in The revisions read as follows: the table in § 996.31(a). Remilling or § 996.73. blanching under the provisions of this (b) * * * USDA and USDA-approved § 996.74 Compliance. paragraph shall be performed only by laboratories shall file copies of all those remillers and blanchers approved aflatoxin certificates completed by such (a) * * * by USDA. Such approved entities must laboratories with the Southeast (3) Commingles failing quality agree to comply with the handling Marketing Field Office, Marketing Order peanuts with certified edible quality standards in this part and to report and Agreement Division, Specialty peanuts and ships the commingled lot dispositions of all failing peanuts and Crops Program, AMS, USDA, 1124 1st for human consumption use without residual peanuts to USDA, unless they Street South, Winter Haven, Florida meeting outgoing quality regulations; are designated for crushing. 33880; Telephone (863) 324–3375, Fax: * * * * * (f) Residual peanuts resulting from (863) 291–8614, or other address as remilling or blanching of peanuts shall determined by USDA. (5) Fails to maintain and provide be red tagged, identified using a ■ 16. Section 996.73 is revised to read access to records, pursuant to § 996.71, traceability system as defined in as follows: and the standards for traceability and § 996.73, or identified by other means nonconforming product disposition acceptable to the Inspection Service, § 996.73 Verification of reports. pursuant to § 996.73, on the and returned directly to the handler for (a) For the purpose of checking and reconditioning or disposition of peanuts further disposition or, in the alternative, verifying reports kept by handlers and acquired by such handler or importer; such residual peanuts shall be positive importers and the operation of handlers and on lots that meet outgoing quality lot identified by the Inspection Service and importers under the provisions of standards; or and shall be disposed of to handlers this Part, the officers, employees or duly * * * * * who are crushers, or to approved authorized agents of USDA shall have crushers, Except That, a handler may access to any premises where peanuts (b) Any peanut lot shipped which move the residual peanuts without PLI may be held at any time during fails to meet the outgoing quality to a facility for crushing owned by the reasonable business hours and shall be standards specified in § 996.31, and is handler. Handlers who are crushers and permitted to inspect any peanuts that not reconditioned to meet such crushers approved by USDA must agree meet outgoing quality regulations, so standards, or is not disposed to non- to comply with the terms and held by such handler or importer and human consumption outlets as specified conditions of this part. any and all records of such handler with in § 996.50, shall be reported by USDA * * * * * respect to the acquisition, holding, or to the Food and Drug Administration ■ 14. In § 996.60: disposition of all peanuts meeting and listed on an Agricultural Marketing ■ a. Revise paragraph (a); outgoing quality regulations, which may Service Web site. ■ be held or which may have been b. Remove paragraphs (b) and (c); and ■ 18. Section 996.75 is revised to read ■ disposed by handler. c. Redesignate paragraph (d) as as follows: paragraphs (b). (b) Reports shall be maintained by the The revisions read as follows: handler for nonconforming products to § 996.75 Effective time. assure traceability throughout the § 996.60 Safeguard procedures for supply chain. The traceability system The provisions of this part, as well as imported peanuts. must include documented records, any amendments, shall apply to current (a) Prior to arrival of a foreign- which enable a full product history to crop year peanuts, subsequent crop year produced peanut lot at a port-of-entry, be produced in a timely manner and peanuts, and prior crop year peanuts not the importer, or customs broker acting must ensure product can be traced yet inspected, or failing peanut lots that on behalf of the importer, shall submit forward (raw material to distribution) have not met disposition standards, and information electronically to the United and backwards from distribution to the shall continue in force and effect until States Customs and Border Protection, warehouse feeding the shelling plant, modified, suspended, or terminated. which includes the following: the and ensure that all associated tests and Dated: January 13, 2016. Customs Service entry number; the all relevant records have been container number(s) or other completed. The traceability system shall Erin Morris, identification of the lot(s); the volume of include identification of all raw Associate Administrator, Agricultural the peanuts in each lot being entered; materials, process parameters (for Marketing Service. the inland shipment destination where specific lot), packaging and final [FR Doc. 2016–00843 Filed 1–15–16; 8:45 am] the lot will be made available for disposition. The handler shall be able to BILLING CODE 3410–02–P inspection; and a contact name or identify the warehouse in which the telephone number at the destination. peanuts were stored immediately prior * * * * * to shelling. Traceability must be ■ 15. In § 996.71: maintained throughout production runs ■ a. Remove paragraph (a); with specific lot codes, and there shall ■ b. Redesignate paragraphs (b) and (c) be complete linkage from raw material as paragraphs (a) and (b), respectively; receipt through final disposition. ■ c. Revise newly redesignated ■ 17. In § 996.74: paragraph (a); and ■ a. Remove paragraph (a)(1); ■ d. Revise the last sentence in newly ■ b. Redesignate paragraphs (a)(2) redesignated paragraph (b). through (7) as paragraphs (a)(1) through The revisions read as follows: (6), respectively;

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DEPARTMENT OF TRANSPORTATION Division (MTAD), Integrated Customer an unsafe condition on certain CASA Services (ICS), Technical Services, Model CN–235 series airplanes. Federal Aviation Administration Avenida de Arago´n 404, 28022 Madrid, Since we issued AD 2001–12–18, Spain; telephone +34 91 585 55 84; fax Amendment 39–12274 (66 FR 33014, 14 CFR Part 39 +34 91 585 55 05; email June 20, 2001), we have received reports [Docket No. FAA–2015–8465; Directorate [email protected]; of new occurrences of cable disruption Identifier 2014–NM–239–AD] Internet http://www.eads.net. You may on part number (P/N) 72830–20; the view this referenced service information disruption is caused by microcracks RIN 2120–AA64 at the FAA, Transport Airplane along the cable surface. The European Aviation Safety Agency Airworthiness Directives; Airbus Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the (EASA), which is the Technical Agent Defense and Space S.A. (Formerly for the Member States of the European Known as Construcciones availability of this material at the FAA, call 425–227–1221. Union, has issued EASA Airworthiness Aeronauticas, S.A.) Directive 2014–0262, dated December 5, Examining the AD Docket AGENCY: Federal Aviation 2014 (referred to after this as the Administration (FAA), DOT. You may examine the AD docket on Mandatory Continuing Airworthiness ACTION: Notice of proposed rulemaking the Internet at http:// Information, or ‘‘the MCAI’’), to correct (NPRM). www.regulations.gov by searching for an unsafe condition for certain Airbus and locating Docket No. FAA–2015– Defense and Space S.A. Model CN–235– SUMMARY: We propose to supersede 8465; or in person at the Docket 100 and –200 airplanes. The MCAI Airworthiness Directive (AD) 2001–12– Management Facility between 9 a.m. states: 18, for certain CASA Model CN–235 and 5 p.m., Monday through Friday, Three occurrences of cable disruption were series airplanes. AD 2001–12–18 except Federal holidays. The AD docket reported in 1999. The failed parts, having a currently requires modification of the contains this proposed AD, the part number (P/N) 7–44728–20, were part of rigging of the engine control cable regulatory evaluation, any comments the engine control system assembly P/N 7– assembly and replacement of either the received, and other information. The 44728–12. Two cables were connected to the entire engine control cable assembly or street address for the Docket Operations Power Lever and one cable to the Condition Lever control. Service records of the affected a segment of the control cables. Since office (telephone 800–647–5527) is in parts showed that each cable accumulated we issued AD 2001–12–18, we have the ADDRESSES section. Comments will more than 14,000 flight cycles (FC). received reports of new occurrences of be available in the AD docket shortly The subsequent investigation determined cable disruption on a certain part after receipt. that the disruption was attributed to fatigue number; the disruption is caused by FOR FURTHER INFORMATION CONTACT: related crack. microcracks along the cable surface. Shahram Daneshmandi, Aerospace This condition, if not corrected, could lead This proposed AD would retain the to failure of the engine control system Engineer, International Branch, ANM– resulting in a loss of the affected engine requirements of AD 2001–12–18. This 116, Transport Airplane Directorate, control. proposed AD would also require FAA, 1601 Lind Avenue SW., Renton, Prompted by this unsafe condition, DGAC repetitive replacements of each power WA 98057–3356; telephone 425–227– [Direccio´n General de Aviacio´n Civil] Spain lever and condition lever Teleflex cable 1112; fax 425–227–1149. issued AD 03/00 [which corresponds to FAA AD 2001–12–18, Amendment 39–12274 (66 with a new or serviceable part and SUPPLEMENTARY INFORMATION: would remove airplanes from the FR 33014, June 20, 2001] to require rigging applicability. We are proposing this AD Comments Invited of the throttle stops, and one-time to prevent fatigue of the engine control replacement of the affected engine control We invite you to send any written cable assembly (P/N 7–44728–12), or the cables, leading to breakage of the cables, relevant data, views, or arguments about affected cable (P/N 7–44728–20) before which could result in reduced this proposed AD. Send your comments exceeding 12,000 FC. controllability of the airplane. to an address listed under the After that [DGAC Spain] AD was issued, a DATES: We must receive comments on ADDRESSES section. Include ‘‘Docket No. new occurrence of cable (P/N 72830–20) this proposed AD by March 4, 2016. FAA–2015–8465; Directorate Identifier disruption was reported. In that case, the affected cable was part of the Condition ADDRESSES: You may send comments by 2014–NM–239–AD’’ at the beginning of Lever control and had accumulated 8,497 any of the following methods: your comments. We specifically invite flight hours (FH) and 8,858 FC. Fractographic • Federal eRulemaking Portal: Go to comments on the overall regulatory, analysis of the affected cable identified that http://www.regulations.gov. Follow the economic, environmental, and energy the fatigue nucleation seemed to have been instructions for submitting comments. aspects of this proposed AD. We will induced by microcracks along the cable • Fax: 202–493–2251. consider all comments received by the surface. Additionally, another case of control • Mail: U.S. Department of closing date and may amend this cable (P/N 72830–20) failure was reported, Transportation, Docket Operations, M– proposed AD based on those comments. where the affected part accumulated 9,936 FH and 10,552 FC and was part of the Power 30, West Building Ground Floor, Room We will post all comments we Lever control. Investigation of the latter case W12–140, 1200 New Jersey Avenue SE., receive, without change, to http:// identified again a fatigue nucleation to be the Washington, DC 20590. www.regulations.gov, including any cause of the cable failure. • Hand Delivery: U.S. Department of personal information you provide. We To address this potentially unsafe Transportation, Docket Operations, M– will also post a report summarizing each condition, Airbus Military issued Alert 30, West Building Ground Floor, Room substantive verbal contact we receive Operators Transmission (AOT) AOT–CN235– W12–140, 1200 New Jersey Avenue SE., about this proposed AD. 76–0001 to provide a repetitive replacement Washington, DC, between 9 a.m. and 5 interval and instructions. Discussion For the reasons described above, this p.m., Monday through Friday, except [EASA] AD retains the requirements of DGAC Federal holidays. On June 11, 2001, we issued AD Spain AD No. 03/00, which is superseded, For service information identified in 2001–12–18, Amendment 39–12274 (66 but requires repetitive replacement [at this proposed rule, contact EADS– FR 33014, June 20, 2001). AD 2001–12– reduced thresholds] of the affected Teleflex CASA, Military Transport Aircraft 18 requires actions intended to address cables.

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You may examine the MCAI in the Costs of Compliance responsibilities among the various AD docket on the Internet at http:// We estimate that this proposed AD levels of government. www.regulations.gov by searching for affects 3 airplanes of U.S. registry. For the reasons discussed above, I and locating Docket No. FAA–2015– The rigging required by AD 2001–12– certify this proposed regulation: 8465. 18, Amendment 39–12274 (66 FR 1. Is not a ‘‘significant regulatory 33014, June 20, 2001), and retained in action’’ under Executive Order 12866; Related Service Information Under 1 2. Is not a ‘‘significant rule’’ under the CFR Part 51 this proposed AD takes about 8 work- hours per product, at an average labor DOT Regulatory Policies and Procedures Airbus Defense and Space S.A. has rate of $85 per work-hour. Based on (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in issued Airbus Military Alert Operators these figures, the estimated cost of the Alaska; and Transmission, dated May 27, 2014. The rigging required by AD 2001–12–18 is 4. Will not have a significant service information describes repetitive $680 per product. economic impact, positive or negative, replacements of each power lever and The replacement required by AD on a substantial number of small entities condition lever Teleflex cable with a 2001–12–18, Amendment 39–12274 (66 under the criteria of the Regulatory new or serviceable part. This service FR 33014, June 20, 2001), and retained Flexibility Act. information is reasonably available in this proposed AD takes about 47 because the interested parties have work-hours per product, at an average List of Subjects in 14 CFR Part 39 access to it through their normal course labor rate of $85 per work-hour. Air transportation, Aircraft, Aviation of business or by the means identified Required parts cost about $1,444 per safety, Incorporation by reference, in the ADDRESSES section. product. Based on these figures, the Safety. estimated cost of the replacement FAA’s Determination and Requirements required by AD 2001–12–18 is $5,439 The Proposed Amendment of This Proposed AD per product. Accordingly, under the authority This product has been approved by We also estimate that it would take delegated to me by the Administrator, the aviation authority of another about 47 work-hours per product to the FAA proposes to amend 14 CFR part country, and is approved for operation comply with the basic requirements of 39 as follows: in the United States. Pursuant to our this proposed AD. The average labor bilateral agreement with the State of rate is $85 per work-hour. Required PART 39—AIRWORTHINESS Design Authority, we have been notified parts would cost about $6,480 per DIRECTIVES of the unsafe condition described in the product. Based on these figures, we ■ 1. The authority citation for part 39 MCAI and service information estimate the cost of this proposed AD on U.S. operators to be $31,425, or $10,475 continues to read as follows: referenced above. We are proposing this per product. AD because we evaluated all pertinent Authority: 49 U.S.C. 106(g), 40113, 44701. information and determined an unsafe Authority for This Rulemaking § 39.13 [Amended] condition exists and is likely to exist or Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by develop on other products of the same specifies the FAA’s authority to issue removing Airworthiness Directive (AD) type design. rules on aviation safety. Subtitle I, 2001–12–18, Amendment 39–12274 (66 Differences Between This Proposed AD section 106, describes the authority of FR 33014, June 20, 2001) and adding the and the MCAI or Service Information the FAA Administrator. ‘‘Subtitle VII: following new AD: Aviation Programs,’’ describes in more Airbus Defense and Space S.A. (Formerly EASA Airworthiness Directive 2014– detail the scope of the Agency’s Known as Construcciones Aeronauticas, 0262, dated December 5, 2014, specifies authority. S.A.): Docket No. FAA–2015–8465; an applicability for Airbus Defense and We are issuing this rulemaking under Directorate Identifier 2014–NM–239–AD. Space S.A. Model CN–235–100 and the authority described in ‘‘Subtitle VII, (a) Comments Due Date –200 airplanes, serial numbers C–016 Part A, Subpart III, Section 44701: through C–073. This AD specifies an General requirements.’’ Under that We must receive comments by March 4, applicability for Model CN–235 section, Congress charges the FAA with 2016. airplanes, serial numbers C–001 through promoting safe flight of civil aircraft in (b) Affected ADs C–015 inclusive and serial number C– air commerce by prescribing regulations This AD replaces AD 2001–12–18, 074; and Model CN–235–100 and –200 for practices, methods, and procedures Amendment 39–12274 (66 FR 33014, June airplanes, serial numbers C–016 through the Administrator finds necessary for 20, 2001). C–073 inclusive. The retained one-time safety in air commerce. This regulation (c) Applicability action in paragraph (g) of this proposed is within the scope of that authority AD is also applicable to Model CN–235 because it addresses an unsafe condition This AD applies to Airbus Defense and airplanes, serial numbers C–001 through Space S.A. (Formerly Known as that is likely to exist or develop on Construcciones Aeronauticas, S.A.) Model C–015 inclusive and serial number C– products identified in this rulemaking CN–235 airplanes, serial numbers C–001 074, which are missing from EASA AD action. through C–015, inclusive and serial number 2014–0262, dated December 5, 2014. We Regulatory Findings C–074; and Model CN–235–100 and –200 understand EASA considered Model airplanes, serial numbers C–001 through C– CN–235 airplanes with these serial We determined that this proposed AD 074, inclusive; certificated in any category. numbers that have already performed would not have federalism implications (d) Subject this one-time action. For this reason, under Executive Order 13132. This Model CN–235 airplanes, serial proposed AD would not have a Air Transport Association (ATA) of America Code 76, Engine Controls. numbers C–001 through C–015 substantial direct effect on the States, on inclusive and serial number C–074 are the relationship between the national (e) Reason added to this proposed AD. This issue Government and the States, or on the This AD was prompted by reports of new has been coordinated with EASA. distribution of power and occurrences of cable disruption on a certain

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part number; the disruption is caused by (g) Retained Action for the Power Lever and (h) New Requirement of This AD: microcracks along the cable surface. We are Condition Lever Control Stops, With No Replacement issuing this AD to prevent fatigue of the Changes At the applicable compliance times engine control cables, leading to breakage of This paragraph restates the requirements of specified in table 1 to paragraph (h) of this the cables, which could result in reduced paragraph (a) of AD 2001–12–18, AD: Replace each power lever and condition controllability of the airplane. Amendment 39–12274 (66 FR 33014, June lever Teleflex cable having part number (P/ 20, 2001). Within 15 days after July 25, 2001 N) 72830–20 with a new or serviceable part, (f) Compliance in accordance with Airbus Military Alert (the effective date of AD 2001–12–18): Rig Comply with this AD within the Operators Transmission AOT–CN235–76– the power lever and condition lever control compliance times specified, unless already 0001, dated May 27, 2014. Repeat the stops, in accordance with CASA COM 235– done. replacement thereafter at intervals not to 140, Revision 01, dated March 21, 2000. exceed an accumulation of 5,000 total flight cycles on each Teleflex cable having P/N 72830–20.

TABLE 1 TO PARAGRAPH (h) OF THIS AD—REPLACEMENT COMPLIANCE TIME

Total flight cycles accumulated on the Teleflex cable having P/N 72830–20 (since first installation on an airplane) as of the effective Compliance time date of this AD

Fewer than 4,700 total flight cycles ...... Before accumulating 5,000 total flight cycles. 4,700 or more, but fewer than 6,000 total flight cycles ...... Within 300 flight cycles or 12 months after the effective date of this AD, whichever occurs first. Equal to or more than 6,000 total flight cycles but fewer than 7,000 Within 200 flight cycles or 6 months after the effective date of this AD, total flight cycles. whichever occurs first. Equal to or more than 7,000 total flight cycles ...... Within 100 flight cycles or 3 months after the effective date of this AD, whichever occurs first.

(i) Parts Installation Limitations the DOA, the approval must include the DEPARTMENT OF TRANSPORTATION As of the effective date of this AD, no DOA-authorized signature. Federal Aviation Administration person may install, on any airplane, a (k) Related Information Teleflex cable having P/N 72830–20, unless the cable has accumulated fewer than 5,000 (1) Refer to Mandatory Continuing 14 CFR Part 39 total flight cycles since its first installation on Airworthiness Information (MCAI) EASA an airplane. Airworthiness Directive 2014–0262, dated [Docket No. FAA–2015–8464; Directorate Identifier 2015–NM–050–AD] (j) Other FAA AD Provisions December 5, 2014, for related information. This MCAI may be found in the AD docket RIN 2120–AA64 The following provisions also apply to this on the Internet at http://www.regulations.gov AD: by searching for and locating Docket No. Airworthiness Directives; Bombardier, (1) Alternative Methods of Compliance Inc. Airplanes (AMOCs): The Manager, International FAA–2015–8465. (2) For service information identified in Branch, ANM–116, Transport Airplane AGENCY: Federal Aviation Directorate, FAA, has the authority to this AD, contact EADS–CASA, Military Administration (FAA), DOT. approve AMOCs for this AD, if requested Transport Aircraft Division (MTAD), ACTION: using the procedures found in 14 CFR 39.19. Integrated Customer Services (ICS), Notice of proposed rulemaking In accordance with 14 CFR 39.19, send your Technical Services, Avenida de Arago´n 404, (NPRM). request to your principal inspector or local 28022 Madrid, Spain; telephone +34 91 585 SUMMARY: We propose to adopt a new Flight Standards District Office, as 55 84; fax +34 91 585 55 05; email airworthiness directive (AD) for all appropriate. If sending information directly [email protected]; to the International Branch, send it to ATTN: Bombardier, Inc. Model DHC–8–400 Internet http://www.eads.net. You may view Shahram Daneshmandi, Aerospace Engineer, series airplanes. This proposed AD was International Branch, ANM–116, Transport this service information at the FAA, prompted by a revision by the Airplane Directorate, FAA, 1601 Lind Transport Airplane Directorate, 1601 Lind manufacturer to the Certification Avenue SW., Renton, WA 98057–3356; Avenue SW., Renton, WA. For information Maintenance Requirements (CMR) of the telephone 425–227–1112; fax 425–227–1149. on the availability of this material at the Airworthiness Limitation Items (ALI), in Information may be emailed to: 9-ANM-116- FAA, call 425–227–1221. the Maintenance Requirement Manual [email protected]. Before using Issued in Renton, Washington, on (MRM), that introduces a new CMR task any approved AMOC, notify your appropriate that requires repetitive operational principal inspector, or lacking a principal December 31, 2015. inspector, the manager of the local flight Phil Forde, checks of the propeller overspeed standards district office/certificate holding Acting Manager, Transport Airplane governor. This proposed AD would district office. The AMOC approval letter Directorate, Aircraft Certification Service. require revising the airplane must specifically reference this AD. maintenance program or inspection [FR Doc. 2016–00377 Filed 1–15–16; 8:45 am] (2) Contacting the Manufacturer: As of the program, as applicable, to incorporate a effective date of this AD, for any requirement BILLING CODE 4910–13–P new CMR task. We are proposing this in this AD to obtain corrective actions from AD to prevent dormant failure of the a manufacturer, the action must be propeller overspeed governor, which accomplished using a method approved by may lead to a loss of propeller the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or overspeed protection and result in high the European Aviation Safety Agency propeller drag in-flight. (EASA); or EADS CASA’s EASA Design DATES: We must receive comments on Organization Approval (DOA). If approved by this proposed AD by March 4, 2016.

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ADDRESSES: You may send comments, substantive verbal contact we receive required inspections that will ensure the using the procedures found in 14 CFR about this proposed AD. continued operational safety of the 11.43 and 11.45, by any of the following airplane. Discussion methods: Costs of Compliance • Federal eRulemaking Portal: Go to Transport Canada Civil Aviation http://www.regulations.gov. Follow the (TCCA), which is the aviation authority We estimate that this proposed AD instructions for submitting comments. for Canada, has issued Canadian affects 82 airplanes of U.S. registry. • Airworthiness Directive CF–2014–43, Fax: 202–493–2251. We also estimate that it would take • Mail: U.S. Department of dated December 18, 2014 (referred to after this as the Mandatory Continuing about 1 work-hour per product to Transportation, Docket Operations, M– comply with the basic requirements of 30, West Building Ground Floor, Room Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition this proposed AD. The average labor W12–140, 1200 New Jersey Avenue SE., rate is $85 per work-hour. Based on Washington, DC 20590. for all Bombardier, Inc. Model DHC–8– • 400 series airplanes. The MCAI states: these figures, we estimate the cost of Hand Delivery: U.S. Department of this proposed AD on U.S. operators to Transportation, Docket Operations, M– Bombardier Inc. has revised the be $6,970, or $85 per product. 30, West Building Ground Floor, Room Maintenance Requirement Manual PSM–1– W12–140, 1200 New Jersey Avenue SE., 84–7, Airworthiness Limitation Items (ALI), Authority for This Rulemaking Washington, DC, between 9 a.m. and 5 Part 2, Section 1, Certification Maintenance Title 49 of the United States Code p.m., Monday through Friday, except Requirements (CMR). This revision introduces a new CMR task, task number specifies the FAA’s authority to issue Federal holidays. 612000–109, for the Operational Check of the rules on aviation safety. Subtitle I, Examining the AD Docket Propeller Overspeed Governor to be section 106, describes the authority of performed every 200 flight hours. the FAA Administrator. ‘‘Subtitle VII: You may examine the AD docket on This new task was introduced to minimize the Internet at http:// the probability of dormant failure of the Aviation Programs,’’ describes in more www.regulations.gov by searching for propeller overspeed governor, which may detail the scope of the Agency’s and locating Docket No. FAA–2015– lead to a loss of propeller overspeed authority. 8464; or in person at the Docket protection and result in high propeller drag We are issuing this rulemaking under Management Facility between 9 a.m. in-flight. the authority described in ‘‘Subtitle VII, This [Canadian] AD is issued to mandate Part A, Subpart III, Section 44701: and 5 p.m., Monday through Friday, the incorporation of a new CMR task for the except Federal holidays. The AD docket Propeller Overspeed Governor. General requirements.’’ Under that contains this proposed AD, the section, Congress charges the FAA with regulatory evaluation, any comments You may examine the MCAI in the promoting safe flight of civil aircraft in received, and other information. The AD docket on the Internet at http:// air commerce by prescribing regulations street address for the Docket Operations www.regulations.gov by searching for for practices, methods, and procedures office (telephone 800–647–5527) is in and locating Docket No. FAA–2015– the Administrator finds necessary for 8464. the ADDRESSES section. Comments will safety in air commerce. This regulation be available in the AD docket shortly FAA’s Determination and Requirements is within the scope of that authority after receipt. of This Proposed AD because it addresses an unsafe condition that is likely to exist or develop on FOR FURTHER INFORMATION CONTACT: This product has been approved by products identified in this rulemaking Mazdak Hobbi, Aerospace Engineer, the aviation authority of another action. Propulsion and Services Branch, ANE– country, and is approved for operation 173, FAA, New York Aircraft in the United States. Pursuant to our Regulatory Findings Certification Office, 1600 Stewart bilateral agreement with the State of Avenue, Suite 410, Westbury, NY Design Authority, we have been notified We determined that this proposed AD 11590; telephone 516–228–7330; fax of the unsafe condition described in the would not have federalism implications 516–794–5531. MCAI and service information under Executive Order 13132. This SUPPLEMENTARY INFORMATION: referenced above. We are proposing this proposed AD would not have a AD because we evaluated all pertinent substantial direct effect on the States, on Comments Invited information and determined an unsafe the relationship between the national We invite you to send any written condition exists and is likely to exist or Government and the States, or on the relevant data, views, or arguments about develop on other products of the same distribution of power and this proposed AD. Send your comments type design. responsibilities among the various to an address listed under the This AD requires revisions to certain levels of government. ADDRESSES section. Include ‘‘Docket No. operator maintenance documents to For the reasons discussed above, I FAA–2015–8464; Directorate Identifier include new actions (e.g., inspections). certify this proposed regulation: 2015–NM–050–AD’’ at the beginning of Compliance with these actions is 1. Is not a ‘‘significant regulatory your comments. We specifically invite required by 14 CFR 91.403(c). For action’’ under Executive Order 12866; comments on the overall regulatory, airplanes that have been previously 2. Is not a ‘‘significant rule’’ under the economic, environmental, and energy modified, altered, or repaired in the DOT Regulatory Policies and Procedures aspects of this proposed AD. We will areas addressed by this AD, the operator (44 FR 11034, February 26, 1979); consider all comments received by the may not be able to accomplish the closing date and may amend this actions described in the revisions. In 3. Will not affect intrastate aviation in proposed AD based on those comments. this situation, to comply with 14 CFR Alaska; and We will post all comments we 91.403(c), the operator must request 4. Will not have a significant receive, without change, to http:// approval for an alternative method of economic impact, positive or negative, www.regulations.gov, including any compliance according to paragraph on a substantial number of small entities personal information you provide. We (h)(1) of this AD. The request should under the criteria of the Regulatory will also post a report summarizing each include a description of changes to the Flexibility Act.

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List of Subjects in 14 CFR Part 39 of the Propeller Overspeed Governor, in the DEPARTMENT OF LABOR Air transportation, Aircraft, Aviation MRM PSM–1–84–7, ALI, Part 2, Section 1, CMR, is an additional source of guidance for Office of Workers’ Compensation safety, Incorporation by reference, the operational check of the propeller Programs Safety. overspeed governor specified in paragraph (g) The Proposed Amendment of this AD. 20 CFR Part 30

Accordingly, under the authority (h) Other FAA AD Provisions RIN 1240–AA08 delegated to me by the Administrator, the FAA proposes to amend 14 CFR part The following provisions also apply to this Claims for Compensation Under the 39 as follows: AD: Energy Employees Occupational (1) Alternative Methods of Compliance Illness Compensation Program Act PART 39—AIRWORTHINESS (AMOCs): The Manager, New York ACO, DIRECTIVES ANE–170, FAA, has the authority to approve AGENCY: Office of Workers’ AMOCs for this AD, if requested using the Compensation Programs, Department of ■ 1. The authority citation for part 39 procedures found in 14 CFR 39.19. In Labor. continues to read as follows: accordance with 14 CFR 39.19, send your ACTION: Notice of proposed rulemaking; Authority: 49 U.S.C. 106(g), 40113, 44701. request to your principal inspector or local extension of comment period. Flight Standards District Office, as § 39.13 [Amended] appropriate. If sending information directly SUMMARY: The Department of Labor is ■ 2. The FAA amends § 39.13 by adding to the ACO, send it to ATTN: Program extending the comment period for the the following new airworthiness Manager, Continuing Operational Safety, notice of proposed rulemaking it directive (AD): FAA, New York ACO, 1600 Stewart Avenue, published on November 18, 2015 (80 FR Suite 410, Westbury, NY 11590; telephone 72296). The original deadline to submit Bombardier, Inc.: Docket No. FAA–2015– 516–228–7300; fax 516–794–5531. Before comments on the proposed regulations 8464; Directorate Identifier 2015–NM– was January 19, 2016. That comment 050–AD. using any approved AMOC, notify your appropriate principal inspector, or lacking a period is being extended for an (a) Comments Due Date principal inspector, the manager of the local additional 30 days. The comment period We must receive comments by March 4, flight standards district office/certificate for the information collection 2016. holding district office. The AMOC approval requirements in the proposed rule (b) Affected ADs letter must specifically reference this AD. ended on December 18, 2015, and that (2) Contacting the Manufacturer: For any period is not being extended. None. requirement in this AD to obtain corrective DATES: The comment period for the (c) Applicability actions from a manufacturer, the action must notice of proposed rulemaking This AD applies to all Bombardier, Inc. be accomplished using a method approved published on November 18, 2015 (80 FR Model DHC–8–400, –401, and –402 by the Manager, New York ACO, ANE–170, 72296) is extended. Comments on the airplanes, certificated in any category. Engine and Propeller Directorate, FAA; or notice of proposed rulemaking must be (d) Subject Transport Canada Civil Aviation (TCCA); or received by February 18, 2016. Bombardier, Inc.’s TCCA Design Approval Air Transport Association (ATA) of ADDRESSES: Parties may submit Organization (DAO). If approved by the DAO, America Code 61, Propellers/propulsors. comments on the regulations in the the approval must include the DAO- proposed rule, identified by Regulatory (e) Reason authorized signature. Information Number (RIN) 1240–AA08, This AD was prompted by a revision by the (i) Related Information by any ONE of the following methods: manufacturer to the Certification Federal e-Rulemaking Portal: The Refer to Mandatory Continuing Maintenance Requirements (CMR) of the Internet address to submit comments on Airworthiness Information (MCAI) Canadian Airworthiness Limitation Items (ALI), in the the regulations in the proposed rule is Maintenance Requirement Manual (MRM), Airworthiness Directive CF–2014–43, dated www.regulations.gov. Follow the Web that introduces a new CMR task that requires December 18, 2014, for related information. site instructions for submitting repetitive operational checks of the propeller This MCAI may be found in the AD docket overspeed governor. We are issuing this AD on the Internet at http://www.regulations.gov comments. Comments will also be to prevent dormant failure of the propeller by searching for and locating Docket No. available for public inspection on the overspeed governor, which may lead to a loss FAA–2015–8464. Web site. of propeller overspeed protection and result Mail or Hand Delivery: Submit written in high propeller drag in-flight. Issued in Renton, Washington, on comments by mail to Rachel P. Leiton, (f) Compliance December 31, 2015. Director, Division of Energy Employees Phil Forde, Comply with this AD within the Occupational Illness Compensation, compliance times specified, unless already Acting Manager, Transport Airplane Office of Workers’ Compensation done. Directorate, Aircraft Certification Service. Programs, U.S. Department of Labor, [FR Doc. 2016–00375 Filed 1–15–16; 8:45 am] Room C–3321, 200 Constitution Avenue (g) Maintenance Program or Inspection NW., Washington, DC 20210. The Program Revision BILLING CODE 4910–13–P Department will only consider mailed Within 30 days after the effective date of comments that have been postmarked this AD, revise the maintenance program or by the U.S. Postal Service or other inspection program, as applicable, to incorporate an operational check of the delivery service on or before the propeller overspeed governor, CMR task deadline for comments. number 612000–109, to be performed every Instructions: All comments must cite 200 flight hours, using a method approved by RIN 1240–AA08 that has been assigned the Manager, New York Aircraft Certification to this rulemaking. Receipt of any Office (ACO), ANE–170, FAA. comments, whether by Internet, mail or Note 1 to paragraph (g) of this AD: CMR hand delivery, will not be task number 612000–109, Operational Check acknowledged.

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FOR FURTHER INFORMATION CONTACT: compensation benefits if a Physicians ADDRESSES: Send written comments to Rachel P. Leiton, Director, Division of Panel determined that the employee in Proposed Rule Amendment, c/o USDA Energy Employees Occupational Illness question had sustained a covered illness Forest Service, R8 Planning, 1720 Compensation, Office of Workers’ as a result of work-related exposure to Peachtree Street NW., Suite 811N, Compensation Programs, U.S. a toxic substance at a DOE facility. A Atlanta, GA 30309. Electronic Department of Labor, Room C–3321, 200 positive panel finding that was accepted comments may be sent to comments- Constitution Avenue NW., Washington, by DOE required DOE, to the extent [email protected]; or by DC 20210, Telephone: 202–693–0081 permitted by law, to order its contractor facsimile to 404–347–5401. If comments (this is not a toll-free number). not to contest the claim for state are sent electronically, do not duplicate Individuals with hearing or speech workers’ compensation benefits. via regular mail. Comments should only impairments may access this telephone However, Congress amended EEOICPA address issues relevant to this proposed number via TTY by calling the toll-free in Subtitle E of Title XXXI of the Ronald regulation. Federal Information Relay Service at 1– W. Reagan National Defense All comments, including names and 800–877–8339. Authorization Act for Fiscal Year 2005, addresses when provided, will be SUPPLEMENTARY INFORMATION: In Public Law 108–375, 118 Stat. 1811, placed in the rulemaking record and response to requests from members of 2178 (October 28, 2004), by abolishing will be available for public inspection the public, the Department has decided Part D of the Act and creating a new Part and copying. The public may inspect to extend the public comment period for E (codified at 42 U.S.C. 7385s through comments received on this proposed the notice of proposed rulemaking it 7385s–15) that it assigned to DOL for rule in the USDA, Forest Service published on November 18, 2015 (80 FR administration. Part E established a new Regional Office, 1720 Peachtree Street, 72296). The 60-day comment period system of variable federal payments for Suite 811N, Atlanta, GA, on business that was originally scheduled to close DOE contractor employees, uranium days between the hours of 8:30 a.m. and on January 19, 2016 is being extended workers covered by section 5 of RECA, 4:30 p.m. Those wishing to inspect for another 30 days through February and eligible survivors of such comments should call ahead at 404– 18, 2016. employees. 347–4984 to schedule a time and to facilitate entry into the office. The notice of proposed rulemaking Leonard J. Howie III, FOR FURTHER INFORMATION CONTACT: Paul contains changes to the regulations Director, Office of Workers’ Compensation governing the administration of the Programs. Arndt, Regional Planner, Planning Unit, Energy Employees Occupational Illness Southern Region, 404–347–4984. [FR Doc. 2016–00835 Filed 1–15–16; 8:45 am] Compensation Program Act of 2000, as Individuals who use telecommunication BILLING CODE 4510–CR–P amended (EEOICPA or Act), 42 U.S.C. devices for the deaf (TDD) may call the 7384 et seq., which was originally Federal Information Relay Service enacted on October 30, 2000. The initial (FIRS) at 800–877–8339 between 8:00 version of EEOICPA established a DEPARTMENT OF AGRICULTURE a.m. and 8:00 p.m., Eastern Standard compensation program (known as Part B Time, Monday through Friday. Forest Service of the Act) to provide a uniform lump- SUPPLEMENTARY INFORMATION: sum payment of $150,000 and medical benefits as compensation to covered 36 CFR Part 261 Background and Purpose for the employees who had sustained Amendment RIN 0596–AD24 designated illnesses due to their In 1974, Congress designated the 57- exposure to radiation, beryllium or Prohibitions in Region 8, Southern mile Chattooga River (and its 15,432- silica while in the performance of duty Region acre corridor) as a component of the for DOE and certain of its vendors, National Wild and Scenic River System. contractors and subcontractors. Part B of AGENCY: Forest Service, USDA. The uppermost portion of the Chattooga the Act also provides for payment of ACTION: Proposed rule. Wild and Scenic River is located in the compensation to certain survivors of Nantahala National Forest (NF) in North these covered employees, and for SUMMARY: The Chattooga Wild and Carolina. The river then flows in a payment of a smaller uniform lump-sum Scenic River is located in the Nantahala southerly, south-westerly direction to ($50,000) to individuals (who would National Forest in North Carolina, the form the boundary between Georgia and also receive medical benefits), or their Sumter National Forest in South South Carolina, and also the boundary survivors, who were determined to be Carolina and the Chattahoochee between the Chattahoochee NF (in eligible for compensation under section National Forest in Georgia. Forest Georgia) and the Sumter NF (in South 5 of the Radiation Exposure Service regulations generally prohibit Carolina). Compensation Act (RECA), 42 U.S.C. floating activities on the Chattooga Wild In the initial 1976 river management 2210 note, by DOJ. Primary and Scenic River unless authorized by plan for the Chattooga River, the U.S. responsibility for the administration of a permit. On January 31, 2012, the U.S. Forest Service used zoning to manage Part B of the Act was assigned to DOL Department of Agriculture (USDA), the upper and lower segments of the by Executive Order 13179 (‘‘Providing Forest Service issued decisions to river for different recreational Compensation to America’s Nuclear change some of the locations where, and opportunities. As part of the initial Weapons Workers’’) of December 7, conditions under which, boating would zoning effort, management direction 2000 (65 FR 77487). be allowed. Consequently, the Forest prohibited floating on the upper The initial version of EEOICPA also Service proposes to amend the segment above GA/SC Highway 28 created a second program (known as regulations to more accurately reflect (which includes a section of the river in Part D of the Act) that required DOE to the new management direction for the the Sumter NF in South Carolina, a establish a system by which DOE Chattooga Wild and Scenic River. section of the river in the Chattahoochee contractor employees (and their eligible DATES: Comments on this proposed rule NF in Georgia, and all of the sections of survivors) could seek assistance from must be received in writing by March the river in the Nantahala NF in North DOE in obtaining state workers’ 21, 2016. Carolina).

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Under the authority of 36 CFR other means to inform the public of the state that the use will need to be 261.70(a)(7), these prohibitions were variety of places where it can go to ‘‘authorized by permit or through a codified at 36 CFR 261.77 (Federal obtain permits to float the Chattooga special use authorization’’. Register, 43 FR 3706, January 27, 1978). Wild and Scenic River. Lastly, in an Revisions to § 261.77(b) In general terms, 36 CFR 261.77 effort to use more accurate and prohibits floating activities on the consistent terminology, the Forest Similar to § 261.77(a), § 261.77(b) Chattooga Wild and Scenic River unless Service proposes to replace the term currently applies to ‘‘. . . the Sumter authorized by a permit. Consistent with ‘‘special use permit’’ with the term National Forest and the Chattahoochee the river management plan that is ‘‘special use authorization.’’ National Forest abutting the Chattooga incorporated into the forest plans, the River.’’ However, this regulation is also original terms and conditions of the Section-by-Section Analysis of the silent about that section of the permits issued pursuant to 36 CFR Proposed Rule Chattooga Wild and Scenic River 261.77 allowed floating on the Part 261, Subpart C—Prohibitions in Corridor that lies within the Nantahala Chattooga Wild and Scenic River but Regions NF in North Carolina. Again, since the only on that portion of the river located January 31, 2012, decision by the US § 261.77 Prohibitions in Region 8, downstream of GA/SC Highway 28. Forest Service allows for additional Therefore, due to the combination of 36 Southern Region. boating to occur under permit in the CFR 261.77 and the terms of the self- Revisions to § 261.77(a) upper section of the Chattooga River, the regulation needs to be revised to registration permit issued pursuant to Currently, § 261.77(a) applies to the include the Nantahala NF. The agency that regulation, floating was allowed on Sumter National Forest and the proposes that § 261.77(b) now is that section of the river downstream of Chattahoochee National Forest abutting applicable to ‘‘any area of National GA/SC Highway 28 and prohibited the Chattooga River. However, this Forest System land abutting the upstream from that location. However, regulation is silent about that section of Chattooga River.’’ As noted above, a that management direction has changed, the Chattooga Wild and Scenic River parenthetical sentence will then be allowing for an increase in boating Corridor that is located upstream of the added to clarify that ‘‘(The Chattooga opportunities upstream of GA/SC Sumter and Chattahoochee NFs which Highway 28. To be consistent with this River is located in the Nantahala lies within the Nantahala NF in North new management direction, the agency National Forest in North Carolina, the Carolina. The January 31, 2012, decision proposes to amend 36 CFR 261.77. Sumter National Forest in South by the Forest Service allows for On January 31, 2012, the Carolina and the Chattahoochee additional boating to occur under Chattahoochee, Nantahala and Sumter National Forest in Georgia.)’’ Finally, permit in the upper section of the National Forests issued Decision the term ‘‘unless authorized by special Chattooga River which in-part is located Notices that amended their Forest Plans use permit’’ is also being replaced with in North Carolina on the Nantahala NF. to incorporate new management the term ‘‘unless permitted under a Therefore, the regulation needs to be direction for the Chattooga Wild and special use authorization’’. Scenic River. These changes are based revised to include the Nantahala NF. upon an Environmental Assessment The Agency proposes that § 261.77(a) Revisions to § 261.77(c) titled ‘‘Managing Recreation Uses in the now be applicable to ‘‘any area of Section 261.77(c) currently only Upper Segment of the Chattooga Wild National Forest land abutting the applies to ‘‘. . . the terms or conditions and Scenic River Corridor’’. Generally, Chattooga River.’’ A parenthetical of any permit authorizing the occupancy these new decisions allow floating sentence will then be added to clarify and use . . .’’ However, in § 261.77(a) above GA/SC Highway 28 with certain that ‘‘(The Chattooga River is located in and (b), a distinction is now being made restrictions. the Nantahala National Forest in North between a ‘‘permit’’ and a ‘‘special use In the existing regulations at 36 CFR Carolina, the Sumter National Forest in authorization’’. So proposed § 261.77(c) 261.77, the sections of the river that lie South Carolina and the Chattahoochee is revised to apply to ‘‘. . .the terms or within the Nantahala NF in North National Forest in Georgia.)’’ conditions of any special use Carolina are not addressed. This area is Due to the allowance of additional authorization or permit authorizing the instead regulated by Forest Supervisor’s floating on the Chattooga River, the occupancy and use . . .’’ closure order pursuant to subpart B of Agency must be able to issue permits in 36 CFR part 261. In the interest of a flexible and efficient manner that is Revisions to § 261.77(d) efficiency and clarity, and to be consistent with the new management Section 261.77(d) applies to ‘‘. . . any consistent with the new management direction and in a manner that best portion or segment of the Chattooga direction, the Forest Service proposes to serves the public. Rather than codifying River within the boundaries of the amend 36 CFR 261.77 to include the specific locations of self-registration Chattahoochee National Forest . . .’’ sections of the river that lie within the permit stations in the regulations, these However, as stated above, the Chattooga Nantahala NF. Consistent with the new locations will be identified by the local Wild and Scenic River flows through all management direction, the Forest Forest Service officials administering three forests; the Chattahoochee NF, the Service also proposes to amend 36 CFR the different sections of the Chattooga Sumter NF and the Nantahala NF. In 261.77 to include the Sumter and River. Locations of the registration addition, the new management direction Nantahala NFs in certain provisions that stations may need to be changed from applies to all three forests. Therefore, currently only include the time to time to better serve the public. this provision needs to be revised to Chattahoochee NF. In the interest of In addition, the Forest Service may, in include all three forests. So, proposed further consistency and clarity, and to the future, develop an option where § 261.77(d) is revised to apply to ‘‘. . . better serve the public, the Forest permits could be obtained online or any portion or segment of the Chattooga Service also proposes to amend 36 CFR through other more efficient and River within National Forest System 261.77 by eliminating reference to effective means. To achieve this need, land . . .’’ specific locations where self-registration the specific locations of the ‘‘Forest In addition, as discussed above, in the permits are made available to the Service Registration Stations’’ are being interest of consistency, efficiency and public. Instead, the Agency will use removed and the regulation will simply clarity, to best serve the public, specific

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locations to obtain self-registration Upper Segment of the Chattooga Wild administrative proceedings before permits will no longer be codified. and Scenic River Corridor.’’ The social parties may file suit in court challenging Rather, these locations will be identified and environmental effects of this its provisions. by the local Forest Service officials decision are documented in this EA. Federalism and Consultation and administering the different sections of This proposed rule amendment is to Coordination With Indian Tribal the Chattooga River. The locations of the update the Forest Service regulations to Governments registration stations may need to be now be consistent with this new changed from time to time to better management decision. The Department has considered this serve the public. It should also be proposed rule under the requirements of Regulatory Impact recognized that the Forest Service may, Executive Order 13132 on federalism, in the future, develop an option where This proposed rule has been reviewed and has determined that the rulemaking permits could be obtained online or in under USDA procedures and Executive conforms with the federalism principles some other efficient manner that better Order 12866 on regulatory planning and set out in this Executive Order; will not serves the public. In order to address review. It has been determined that this impose any compliance costs on the this, the specific locations of the ‘‘Forest is not a significant proposed rule. This States; and will not have substantial Service Registration Stations’’ are being rulemaking will not have an annual direct effects on the States, the removed and the proposed regulation effect of $100 million or more on the relationship between the Federal will simply state that the use will need economy, nor will it adversely affect government and the States, or the to be ‘‘authorized by permit or through productivity, competition, jobs, the distribution of power and a special use authorization.’’ environment, public health and safety, responsibilities among the various or State or local governments. This levels of government. Therefore, the Revisions to § 261.77(e) rulemaking will not interfere with an Department has determined that no Similar to § 261.77(d), the scope of the action taken or planned by another further assessment of federalism commercial or business operation agency, nor will it raise new legal or implications is necessary. prohibitions currently in § 261.77(e) policy issues. Finally, this proposed Moreover, this proposed rule is not only applies to ‘‘. . . any portion or rule will not alter the budgetary impact expected to have Tribal implications as segment of the Chattooga River within of entitlement, grant, user fee, or loan defined by Executive Order 13175, the boundaries of the Chattahoochee programs or the rights and obligations of Consultation and Coordination with National Forest . . .’’ As described beneficiaries of such programs. Indian Tribal Governments. The above, the regulation needs to be revised Accordingly, this rulemaking is not Department does recognize that one or to also include all three national forests. subject to Office of Management and more Indian Tribes may have direct Therefore, § 261.77(e) is revised to read, Budget (OMB) review under Executive interest in the management of Chattooga ‘‘Entering, going, riding, or floating . . . Order 12866. Wild & Scenic River. Therefore, the Department will request consultation upon any portion or segment of the Regulatory Flexibility Act Chattooga River within National Forest with all potentially affected Indian System land . . .’’ Finally, the term This proposed rule has been Tribes on this proposed rule. The tribal ‘‘unless authorized by special use considered in light of the Regulatory consultation will be held concurrently permit’’ is also being replaced with the Flexibility Act (5 U.S.C. 602 et seq.). with the public comment period. The proposed rule makes minor, term ‘‘unless permitted under a special Energy Effects use authorization.’’ technical changes to the Forest Service’s regulations. This rulemaking will not This proposed rule has been reviewed Revisions to § 261.77(f) have a significant economic impact on under Executive Order 13211 of May 18, Section 261.77(f) currently only a substantial number of small entities as 2001, Actions Concerning Regulations applies to ‘‘. . . the terms or conditions defined by the act because the That Significantly Affect Energy Supply, of any permit authorizing the occupancy rulemaking will not impose Distribution, or Use. It has been and use . . .’’ However, in § 261.77(d) recordkeeping requirements on them; it determined that this proposed rule does and (e), a distinction is now being made will not affect their competitive position not constitute a significant energy action between a ‘‘permit’’ and a ‘‘special use in relation to large entities; and it will as defined in the Executive Order. not affect their cash flow, liquidity, or authorization’’. So proposed § 261.77(f) Unfunded Mandates is revised to apply to ‘‘. . .the terms or ability to remain in the market. Pursuant to Title II of the Unfunded conditions of any special use No Takings Implications authorization or permit authorizing the Mandates Reform Act of 1995 (2 U.S.C. occupancy and use . . .’’ This proposed rule has been analyzed 1531–1538), which the President signed in accordance with the principles and into law on March 22, 1995, the Regulatory Certifications criteria contained in Executive Order Department has assessed the effects of Environmental Impact 12630. It has been determined that the this proposed rule on State, local, and rulemaking will not pose the risk of a Tribal governments and the private This proposed rule is to amend an taking of private property. sector. This rulemaking will not compel existing regulation to make it consistent the expenditure of $100 million or more Civil Justice Reform with a USDA, Forest Service decision by any State, local, or Tribal government on the management of the Chattooga This proposed rule has been reviewed or anyone in the private sector. Wild and Scenic River, which lies under Executive Order 12988 on civil Therefore, a statement under section within the Chattahoochee, Nantahala justice reform. After adoption of this 202 of the act is not required. and Sumter National Forests. The proposed rule, (1) all State and local Decision Notices (one for each National laws and regulations that conflict with Controlling Paperwork Burdens on the Forest) were signed on January 31, 2012, this rulemaking or that impede its full Public which were based upon an implementation will be preempted; (2) This proposed rule does not contain Environmental Assessment (EA) titled no retroactive effect will be given to this any recordkeeping or reporting ‘‘Managing Recreation Uses in the rule; and (3) it will not require requirements or other information

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collection requirements as defined in 5 or segment of the Chattooga River authority to identify impaired waters on CFR part 1320 that are not already within National Forest System land in, their reservations and to establish required by law or not already approved on, or upon any floatable object or craft TMDLs, which serve as plans for for use. Accordingly, the review of every kind or description, unless attaining and maintaining applicable provisions of the Paperwork Reduction permitted under a special use water quality standards (WQS). The Act of 1995 (44 U.S.C. 3501 et seq.) and authorization. proposal is comparable to similar its implementing regulations at 5 CFR (f) Violating or failing to comply with regulations that EPA issued in the 1990s part 1320 do not apply. any of the terms or conditions of any for the CWA Section 303(c) WQS and special use authorization or permit CWA Section 402 and 404 Permitting List of Subjects in 36 CFR Part 261 authorizing the occupancy and use Programs, and includes features Prohibitions, Law enforcement, specified in paragraph (d) or (e) of this designed to minimize paperwork and National forests. section is prohibited. unnecessary reviews. EPA requests Therefore, for the reasons set out in Dated: December 21, 2015. comments on all aspects of the proposed the preamble, we propose to amend part Thomas L. Tidwell, rule. 261 of title 36 of the Code of Federal Chief, Forest Service. DATES: EPA must receive comments on Regulations as follows: or before March 21, 2016. EPA will [FR Doc. 2016–00888 Filed 1–15–16; 8:45 am] discuss this proposed rule and answer PART 261—PROHIBITIONS BILLING CODE 3411–15–P questions about it in one or more webinars during the above comment ■ 1. The authority citation for part 261 period. If you are interested, see EPA’s continues to read as follows: ENVIRONMENTAL PROTECTION Web site at http://www2.epa.gov/tmdl/ Authority: 7 U.S.C. 1011(f); 16 U.S.C. AGENCY tribal-consultation-rulemaking-provide- 4601–6d, 472, 551, 620(f), 1133(c)–(d)(1), 40 CFR Part 130 more-opportunities-tribes-engage-clean- 1246(i). water-act for the date and time of the [EPA–HQ–OW–2014–0622; FRL–9941–33– Subpart C—Prohibitions in Regions webinar(s) and instructions on how to OW] register and participate. Additionally, ■ 2. Revise § 261.77 to read as follows: RIN 2040–AF52 under the Paperwork Reduction Act (PRA), comments on the information § 261.77 Prohibitions in Region 8, Treatment of Indian Tribes in a Similar Southern Region. collection provisions are best assured of Manner as States for Purposes of consideration if the Office of (a) Using or occupying any area of Section 303(d) of the Clean Water Act Management and Budget (OMB) National Forest System land abutting receives a copy of your comments on or the Chattooga River for the purpose of AGENCY: Environmental Protection before February 18, 2016. entering or going upon the River in, on, Agency (EPA). ADDRESSES: Submit your comments, or upon any floatable object or craft of ACTION: Proposed rule. every kind or description, unless identified by Docket identification (ID) authorized by permit or through a SUMMARY: In section 518(e) of the Clean No. EPA–HQ–OW–2014–0622, at special use authorization. (The Water Act (CWA), Congress authorized http://www.regulations.gov. Follow the Chattooga River is located in the EPA to treat eligible federally online instructions for submitting Nantahala National Forest in North recognized Indian tribes in a similar comments. Once submitted, comments Carolina, the Sumter National Forest in manner as states for purposes of cannot be edited or removed from South Carolina and the Chattahoochee administering section 303 and certain Regulations.gov. EPA may publish any National Forest in Georgia.) other provisions of the CWA, and comment received to its public docket. (b) Using or occupying within the directed the agency to promulgate Do not submit electronically any scope of any commercial operation or regulations effectuating this information you consider to be business any area of National Forest authorization. EPA has issued Confidential Business Information (CBI) System land abutting the Chattooga regulations establishing a process for or other information whose disclosure is River for the purpose of entering or federally recognized tribes to obtain restricted by statute. Multimedia going upon the River in, on, or upon any treatment in a similar manner as states submissions (audio, video, etc.) must be floatable object or craft of every kind or (TAS) for several provisions of the accompanied by a written comment. description, unless permitted under a CWA; 50 tribes, for example, have The written comment is considered the special use authorization. obtained TAS authority to issue water official comment and should include (c) Violating or failing to comply with quality standards under CWA section discussion of all points you wish to any of the terms or conditions of any 303(c). EPA, however, has not yet make. EPA will generally not consider special use authorization or permit promulgated regulations expressly comments or comment contents located authorizing the occupancy and use establishing a process for such tribes to outside of the primary submission (i.e. specified in paragraph (a) or (b) of this obtain TAS authority to administer the on the web, cloud, or other file sharing section is prohibited. water quality restoration provisions of system). For additional submission (d) Entering, going, riding, or floating CWA section 303(d), including issuing methods, the full EPA public comment upon any portion or segment of the lists of impaired waters and developing policy, information about CBI or Chattooga River within National Forest total maximum daily loads (TMDLs) multimedia submissions, and general System land in, on, or upon any under CWA section 303(d), as states guidance on making effective floatable object or craft of every kind or routinely do. EPA is now proposing to comments, please visit http:// description, unless authorized by a remedy this gap. By establishing www2.epa.gov/dockets/commenting- permit or through a special use regulatory procedures for eligible tribes epa-dockets. authorization. to obtain TAS for the CWA Section FOR FURTHER INFORMATION CONTACT: (e) Entering, going, riding, or floating 303(d) Impaired Water Listing and Sarah Furtak, Assessment and within the scope of any commercial TMDL Program, the proposed rule Watershed Protection Division, Office of operation or business upon any portion would enable eligible tribes to obtain Wetlands, Oceans and Watersheds

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(4503T), Environmental Protection V. What are EPA’s proposed procedures for G. Executive Order 13045: Protection of Agency, 1200 Pennsylvania Ave. NW., a tribe to seek TAS for the CWA Section Children From Environmental Health Washington, DC 20460; telephone 303(d) impaired water listing and TMDL Risks and Safety Risks number: (202) 566–1167; fax number: program? H. Executive Order 13211: Actions VI. What special circumstances may exist Concerning Regulations That (202) 566–1331; email address: Significantly Affect Energy Supply, [email protected]. regarding qualification for TAS for the CWA Section 303(d) impaired water Distribution, or Use SUPPLEMENTARY INFORMATION: This listing and TMDL program? I. National Technology Transfer and supplementary information is organized VII. What procedure would EPA follow in Advancement Act as follows: reviewing a tribe’s TAS application? J. Executive Order 12898: Federal Actions To Address Environmental Justice in I. General Information A. Notice to Appropriate Governmental Minority Populations and Low-Income A. Does this action apply to me? Entities Populations B. Over what area may tribes apply for TAS B. Avoidance of Duplicative Notice and for the CWA Section 303(d) impaired Comment Procedures I. General Information water listing and TMDL program? C. Treatment of Competing or Conflicting C. What should I consider as i prepare my Claims A. Does this action apply to me? comments for EPA? D. EPA’s Decision Process This proposed rule applies to 1. Resubmitting Relevant Comments From VIII. What is an example of a stepwise federally recognized tribal governments Consultations and Listening Sessions approach for tribes applying for TAS for 2. Submitting CBI CWA programs? with reservations interested in seeking 3. Tips for Preparing Your Comments IX. What financial and technical support is TAS eligibility to administer the CWA II. What is the statutory and regulatory available from EPA to tribes as they Section 303(d) Impaired Water Listing history of TAS under the CWA? choose to develop and implement a and TMDL Program. Although this A. Statutory History CWA Section 303(d) impaired water proposed rule would not apply directly B. Regulatory History listing and TMDL program? III. Why might a tribe be interested in seeking to any other entity, state and local TAS authority for the CWA Section X. Statutory and Executive Order Reviews governments or other Indian tribes, as 303(d) impaired water listing and TMDL A. Executive Order 12866: Regulatory well as other entities, may be interested program? Planning and Review and Executive to the extent they are adjacent to the IV. What program responsibilities would Order 13563: Improving Regulation and Indian reservation1 lands of TAS tribes have upon obtaining TAS for the Regulatory Review applicant tribes, share water bodies with CWA Section 303(d) impaired water B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) such tribes, and/or discharge pollutants listing and TMDL program? to waters of the United States located A. Identification of Impaired Waters and D. Unfunded Mandates Reform Act Submission of Section 303(d) Lists (UMRA) within or adjacent to such reservations. B. Establishment and Submission of E. Executive Order 13132: Federalism The table below provides examples of TMDLs F. Executive Order 13175: Tribal entities that could be affected by this C. EPA Review of Lists and TMDLs Consultation and Coordination action or have an interest in it.

Category Examples of potentially affected or interested entities

Tribes ...... Federally recognized tribes with reservations that are interested in applying for TAS for CWA Section 303(d) impaired water listing and TMDL Program, and other interested tribes. States ...... States adjacent to reservations of potential applicant tribes. Industry dischargers ...... Industrial and other commercial entities discharging pollutants to waters within or adjacent to reservations of potential applicant tribes. Municipal dischargers ...... Publicly owned treatment works or other facilities discharging pollutants to waters within or ad- jacent to reservations of potential applicant tribes.

If you have questions regarding the ‘‘federal Indian reservation’’ is defined 12, 1991); Arizona Public Service Co. v. effect of this proposed rule on a at CWA section 518(h)(1) to include all EPA, 211 F.3d 1280, 1292–1294 (D.C. particular entity, please consult the land within the limits of any Indian Cir. 2000), cert. denied sub nom., person listed in the preceding FOR reservation under the jurisdiction of the Michigan v. EPA, 532 U.S. 970 (2001). FURTHER INFORMATION CONTACT section. United States Government Tribes may seek TAS authorization for notwithstanding the issuance of any B. Over what area may tribes apply for both formal and informal reservations, TAS for the CWA Section 303(d) patent, and including rights-of-way and both types of lands are referred to impaired water listing and TMDL running through the reservation. See herein as ‘‘reservations.’’ CWA sections 518(e)(2), (h)(1); see also program? Although this proposal would 40 CFR 131.3(k). EPA’s longstanding facilitate eligible tribes’ administration Under section 518(e) of the CWA, 33 position is that reservations include of an additional regulatory program, U.S.C. 1377(e), Indian tribes may seek both formal reservations (e.g., named nothing in this proposed rule changes, TAS authorization to administer certain reservations established through federal CWA programs pertaining to water treaties with tribes, federal statutes, or expands, or contracts the geographic resources of their reservations. Tribes Executive Orders of the President) as scope of potential tribal TAS eligibility are not eligible to administer CWA well as tribal trust lands that may not be under the CWA. programs pertaining to any non- formally designated as reservations, but reservation Indian country 2 or any other that qualify as informal reservations. type of non-reservation land. The term See, e.g., 56 FR 64876, 64881 (December

1 See ‘‘Over What Area May Tribes Apply for TAS 2 The term Indian country is defined at 18 U.S.C. for the CWA Section 303(d) Impaired Water Listing 1151. and TMDL Program?’’ below.

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C. What should I consider as I prepare II. What is the statutory and regulatory program approval stage (subject to my comments for EPA? history of TAS under the CWA? notice and comment procedures in the Federal Register). However, the rule A. Statutory History 1. Resubmitting Relevant Comments retained the separate TAS from Consultations and Listening Congress added section 518 to the prequalification requirement (including Sessions. EPA held multiple CWA as part of amendments made in local notice and comment procedures) consultations and listening sessions 1987. Section 518(e) authorizes EPA to for section 303(c) water quality with tribes and states concerning TAS treat eligible Indian tribes in the same standards and section 401 water quality for CWA section 303(d) lists and manner as it treats states for a variety of certifications. Id.; see also, 40 CFR TMDLs, and considered views and purposes, including administering each 131.8(c)(2), (3).3 The TAS regulations comments received from these sessions of the principal CWA regulatory for CWA regulatory programs have in developing this proposal. This programs and receiving grants under remained intact since promulgation of proposed rule has evolved from the several CWA funding authorities. the Simplification Rule. EPA is now materials EPA shared at the time. Section 518(e) is commonly known as proposing to address a gap in its current Therefore, if you submitted comments the ‘‘TAS’’ provision. Section 303 is TAS regulations, by proposing based on these sessions and want EPA expressly identified in section 518(e) as regulations that would specify how to consider them as part of the public one of the provisions available for TAS. tribes may seek TAS for the Section comment opportunity for this proposed Section 518(e) also requires EPA to 303(d) Impaired Water Listing and action, you must resubmit your promulgate regulations specifying the TMDL Program. comments to EPA in accordance with TAS process for applicant tribes. the instructions outlined in this Section 518(h) defines ‘‘Indian tribe’’ to III. Why might a tribe be interested in document. mean any Indian tribe, band, group, or seeking TAS authority for the CWA Section 303(d) Impaired Water Listing 2. Submitting CBI. Do not submit CBI community recognized by the Secretary and TMDL Program? to EPA through http:// of the Interior and exercising www.regulations.gov or email. Clearly governmental authority over a federal TAS for the CWA Section 303(d) mark the part or all of the information Indian reservation. Impaired Water Listing and TMDL Program would provide a tribe with the that you claim to be CBI. For CBI B. Regulatory History information in a disc that you mail to opportunity to participate directly in EPA, mark the outside of the disc as CBI Pursuant to section 518(e), EPA restoring and protecting its reservation and then identify electronically within promulgated several final regulations waters through implementing the the disc the specific information that is establishing TAS criteria and Program, as Congress authorized under claimed as CBI. In addition to one procedures for Indian tribes interested CWA section 518(e). In the rest of this complete version of the comment that in administering programs under the document, EPA refers to the functions includes information claimed as CBI, a Act. The relevant regulations addressing identified in CWA section 303(d) copy of the comment that does not TAS requirements for the principal regarding listing of impaired waters and contain the information claimed as CBI CWA regulatory programs are: establishment of TMDLs as the ‘‘Section • 40 CFR 131.8 for section 303(c) must be submitted for inclusion in the 303(d) Impaired Water Listing and water quality standards, published at 56 public docket. EPA will not disclose TMDL Program’’ or ‘‘303(d) Program.’’ FR 64876 (December 12, 1991) (final information so marked except in Section 303(d) provides for states and rule); accordance with procedures set forth in authorized tribes to: (1) Develop lists of • 40 CFR 131.4(c) for CWA section 40 Code of Federal Regulations (CFR) impaired waters (and establish priority 401 water quality certification, part 2. rankings for waters on the lists) and (2) published at 56 FR 64876 (December 12, establish TMDLs for these waters. By 3. Tips for Preparing Your Comments. 1991); listing impaired waters, a state or When submitting comments, remember • 40 CFR 123.31–34 for CWA section authorized tribe identifies those waters to: 402 National Pollutant Discharge in its territory that are not currently • Identify the proposed action by Elimination System (NPDES) permits meeting EPA-approved or EPA- docket number and other identifying and other provisions, and 40 CFR promulgated WQS (collectively referred information (subject heading, Federal 501.22–25 for the sewage sludge to as ‘‘applicable WQS’’). A TMDL is a Register date and page number). management program. Final rule planning document intended to address published December 22, 1993 (58 FR • Explain why you agree or disagree, impairment of waters, including the 67966); and suggest alternatives, substitute language calculation and allocation to point and • 40 CFR 233.60–62 for CWA section for your requested changes. nonpoint sources of the maximum 404 dredge or fill permits. Final rule amount of a pollutant that a water body • Describe any assumptions and published February 11, 1993 (58 FR can receive and still meet applicable provide any technical information and/ 8172). WQS, with a margin of safety. or data that you used. In 1994, EPA amended the above By obtaining TAS for section 303(d), • regulations to simplify the TAS process If you estimate potential costs or tribes can take the lead role in and eliminate unnecessary and burdens, explain how you arrived at identifying and establishing a priority duplicative procedural requirements. your estimate in sufficient detail to ranking for impaired water bodies on See 59 FR 64339 (December 14, 1994) allow for it to be reproduced. their reservations and in establishing • Provide specific examples that help (the ‘‘Simplification Rule’’). For example, the Simplification Rule to illustrate your concerns. 3 Under the CWA and EPA’s regulations, tribes eliminated the need for a tribe to • may simultaneously (1) apply for TAS under CWA Explain your views as clearly as prequalify for TAS before applying to section 518 for the purpose of administering water possible. administer the section 402 and section quality standards and (2) submit actual standards • for EPA review under section 303(c). Although they Submit your comments consistent 404 permit programs. Instead, the rule may proceed together, a determination of TAS with the DATES section of this provided that a tribe would seek to eligibility and an approval of actual water quality document. establish its TAS eligibility at the standards are two distinct actions.

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TMDLs and submitting them to EPA for and biological integrity of the Nation’s development of TMDLs for waters on its approval. These are important waters.’’ CWA section 101(a). section 303(d) list based on the severity informational and planning steps that Identification of impaired waters and of the pollution and the uses to be made tribes can take to restore and maintain TMDLs are important tools for achieving of the waters. 40 CFR 130.7(b)(4). The the quality of reservation waters. that goal. After a tribe receives EPA tribe would then submit its list of TMDLs must allocate the total approval of its eligibility to implement impaired waters to EPA for review and pollutant load among contributing point a CWA Section 303(d) Impaired Water approval. sources (‘‘waste load allocations’’ or Listing and TMDL Program, it is treated ‘‘WLAs’’) and nonpoint sources (‘‘load in a manner similar to a state and, for Like states, authorized tribes would allocations’’ or ‘‘LAs’’) (40 CFR 130.2). purposes of list and TMDL be required to submit their ‘‘303(d) Point source WLAs are addressed development, it would become an lists’’ to EPA for approval every two through the inclusion of water quality- ‘‘authorized tribe.’’ Generally, the years on April 1 (lists are due April 1 based effluent limits in national federal statutory and regulatory of even-numbered years). As indicated pollutant discharge elimination system requirements for state 303(d) programs in § 130.16(c)(5) of the proposed rule, a (NPDES) permits issued to such sources. would be applicable to authorized tribes tribe gaining TAS status would be Under EPA’s regulations, NPDES (see proposed § 130.16(c)(5)). The provided at least 24 months to submit permitting authorities shall ensure that following paragraphs identify important its first impaired waters list to EPA. The ‘‘[e]ffluent limits developed to protect a 303(d) Program responsibilities that tribe’s first impaired waters list would narrative water quality criterion, a tribes with TAS would assume and be due to EPA the next listing cycle due numeric water quality criterion, or both, implement. date that is at least 24-months from the are consistent with the assumptions and later of (1) the date the tribe’s TAS requirements of any available wasteload A. Identification of Impaired Waters and Submission of Section 303(d) Lists application for 303(d) is approved, or (2) allocation for the discharge prepared by the date EPA-approved/promulgated the State and approved by EPA pursuant Under section 303(d) of the CWA, WQS for the tribe’s waters are effective. to 40 CFR 130.7.’’ 40 CFR every two years authorized tribes would (See section VII for the procedure EPA 122.44(d)(1)(vii)(B). WLAs under 40 be required to develop lists of waters CFR 122.44(d)(1)(vii)(B) would include not meeting, or not expected to meet, would follow in reviewing a tribe’s TAS WLAs developed by a tribe with TAS applicable water quality standards. 40 application.). Thus, for example, if EPA authorization and approved by EPA CFR 130.7(d). These lists are commonly approves a tribe’s TAS application on pursuant to 40 CFR 130.7. For water called ‘‘impaired waters lists’’ or March 15, 2016, and the tribe’s WQS on bodies impaired by pollutants from ‘‘303(d) lists.’’ Impaired waters are June 30, 2016, the tribe’s first list would nonpoint sources, authorized tribes waters for which technology-based be due on April 1, 2020. The tribe could would not acquire new or additional limitations and other required controls submit its list to EPA prior to that date, implementation authorities when listing are not stringent enough to meet if it chooses. such impaired water bodies and applicable CWA water quality Most tribes that would be eligible for establishing TMDLs. Instead, the standards. Threatened waters are waters TAS authorization under today’s that currently attain applicable WQS, mechanisms for implementing the proposed rule are likely to be recipients but for which existing and readily nonpoint source pollutant reductions of CWA section 106 grants and would (LAs) identified in any tribal TMDLs available data and information indicate thus be required to submit section 106 would include existing tribal that applicable WQS will likely not be grant work plans annually. If a tribe’s authorities, other federal agencies’ met by the time the next list of impaired policies and procedures, as well as or threatened waters is due to EPA.5 The CWA section 106 grant work plan voluntary and incentive-based authorized tribe’s section 303(d) list includes ambient water quality programs. would include all impaired and monitoring activities, the tribe is also This proposed rule would not require threatened waters. In this document, required to develop an assessment anything of tribes that are not interested EPA uses the term ‘‘impaired waters’’ to report pursuant to the CWA section 106 in TAS for the 303(d) Program. Based on refer to both impaired and threatened grant reporting requirements.7 EPA pre-proposal input, not all tribes will be waters.6 The authorized tribe would be encourages tribes that obtain TAS for interested in obtaining TAS for 303(d), required to ‘‘assemble and evaluate all the CWA Section 303(d) Program and and some may consider other existing and readily available also develop CWA section 106 approaches that might benefit their information’’ in developing its section assessment reports to combine their reservation waters. Clean Water Act 303(d) list. 40 CFR 130.7(b)(5). EPA’s CWA section 303(d) impaired waters list section 319 watershed-based plans, for regulations include a non-exhaustive with their CWA section 106 assessment example, may help tribes protect and list of water quality-related data and report, and submit the combined report restore water resources threatened or information to be considered. Id. The electronically through the Assessment impaired by nonpoint source pollution.4 tribe would establish priorities for TMDL Tracking and Implementation System (ATTAINS).8 In this way such IV. What program responsibilities 5 Guidance for 2006 Assessment, Listing and would tribes have upon obtaining TAS Reporting Requirements Pursuant to Sections tribes could create a combined CWA for the CWA Section 303(d) impaired 303(d), 305(b) and 314 of the Clean Water Act, July 303(d)/106 report that is similar to a 29, 2005, available at http://water.epa.gov/lawsregs/ water listing and TMDL program? lawsguidance/cwa/tmdl/upload/2006irg-report.pdf. The goal of the CWA is ‘‘to restore 6 Under EPA’s regulations, ‘‘water quality limited and maintain the chemical, physical, segments’’ include both impaired waters and 7 See Final Guidance on Awards of Grants to threatened waters, and are defined as ‘‘any segment Indian Tribes under Section 106 of the Clean Water where it is known that water quality does not meet Act (http://www2.epa.gov/sites/production/files/ 4 See Handbook for Developing and Managing applicable water quality standards, and/or is not 2014-09/documents/final-tribal-guidance.pdf) at Tribal Nonpoint Source Pollution Programs under expected to meet applicable water quality page 8–1. Section 319 of the Clean Water Act, February 2010, standards, even after the application of the available at http://www2.epa.gov/sites/production/ technology-based effluent limitations required by 8 See ‘‘Water Quality Assessment and TMDL files/2015-09/documents/2010_02_19_nps_tribal_ sections 301(b) and 306 of the Act.’’ 40 CFR Information,’’ available at http://ofmpub.epa.gov/ pdf_tribal_handbook2010.pdf. 130.2(j). waters10/attains_index.home.

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state’s CWA 303(d)/305(b) 9 ‘‘Integrated identify (1) the criteria an applicant exercising governmental authority over Report.’’ 10 tribe would be required to meet to be a Federal Indian reservation. ‘‘Federal treated in a similar manner as states, (2) Indian reservation’’ is defined in B. Establishment and Submission of the information the tribe would be § 131.3(k) as ‘‘all land within the limits TMDLs required to provide in its application to of any Indian reservation under the Under the CWA, each state and EPA, and (3) the procedure EPA would jurisdiction of the United States authorized tribe must, ‘‘from time to use to review the tribal application. Government, notwithstanding the time,’’ establish and submit TMDLs for Proposed section 130.16 is intended to issuance of any patent, and including pollutants causing impairments in all ensure that tribes treated in a similar rights-of-way running through the the waters on its 303(d) list. CWA manner as states for the purposes of the reservation.’’ (See further discussion of sections 303(d)(1)(C) and 303(d)(2). CWA Section 303(d) Impaired Water the term ‘‘reservation’’ in section I B. of States and authorized tribes set Listing and TMDL Program are this preamble.). The governmental priorities for developing TMDLs for qualified, consistent with CWA authority and reservation aspects of their impaired and listed waters. requirements, to conduct a Listing and these definitions would be addressed in TMDLs must be established ‘‘at a level TMDL Program. The procedures are the tribe’s application, including as part necessary to implement the applicable meant to provide more opportunities for of its descriptive statements that it water quality standards with seasonal tribes to engage fully in the Program and currently carries out substantial variations and a margin of safety which are not intended to act as a barrier to governmental duties and powers over a takes into account any lack of tribal assumption of the 303(d) Program. defined area, and that it has authority to knowledge concerning the relationship The TAS procedures in this proposed regulate water quality over a between effluent limitations and water rule are closely based on the existing reservation. quality.’’ CWA section 303(d)(1)(C). TAS regulation at 40 CFR 131.8, which The second criterion would require Where a TMDL makes allocation establishes the TAS process for the the tribe to have a governing body tradeoffs between point and nonpoint CWA Section 303(c) WQS Program. EPA ‘‘carrying out substantial governmental sources, the TMDL record must also established the TAS process for WQS in duties and powers.’’ The Agency demonstrate ‘‘reasonable assurance’’ 1991, and that program has been the considers ‘‘substantial governmental that the nonpoint source allocations will focus of the great majority of TAS duties and powers’’ to mean that the be achieved. 40 CFR 130.2(i). activity for regulatory programs under tribe is currently performing Calculations to establish TMDLs must the CWA as well as all of the other governmental functions to promote the be subject to public review. 40 CFR environmental statutes administered by health, safety, and welfare of the 130.7(c)(1)(ii). Once established, the the Agency. The WQS TAS rule has affected population within a defined state or authorized tribe submits the proven very effective in ensuring that geographical area. See 54 FR at 39101. TMDL to EPA for review. applicant tribes satisfy statutory TAS Examples of such functions may criteria and are prepared to administer include, but are not limited to, the C. EPA Review of Lists and TMDLs WQS programs under the Act. It thus power to tax, the power of eminent Once EPA receives a list or TMDL, it served as a useful model for this domain, and police power. Federal must either approve or disapprove that proposed TAS rule. recognition by DOI would not, in and of list or TMDL within 30 days. CWA The TAS criteria tribes would be itself, satisfy this criterion. EPA expects section 303(d)(2). If EPA disapproves required to meet for purposes of the that most tribes should be able to meet the list or TMDL, EPA must establish a CWA Section 303(d) Impaired Water this criterion without much difficulty. replacement list or TMDL within 30 Listing and TMDL Program originate in Id. days of disapproval. 40 CFR 130.7(d)(2). CWA section 518. As reflected in the To address the second criterion, the proposed regulatory language, the tribe tribe would be required to submit a V. What are EPA’s proposed procedures must: (1) Be federally recognized and descriptive statement demonstrating for a tribe to seek TAS for the CWA meet the definitions in § 131.3(k) and that the tribal governing body is Section 303(d) Impaired Water Listing (l); (2) carry out substantial currently carrying out substantial and TMDL Program? governmental duties and powers; (3) governmental duties and powers over a Consistent with the statutory have appropriate authority to regulate defined area. The descriptive statement requirement in section 518 of the CWA, the quality of reservation waters; and (4) should: (1) Describe the form of tribal the proposed rule would establish the be reasonably expected to be capable of government; (2) describe the types of procedures by which an Indian tribe administering the Impaired Water essential governmental functions may apply and qualify for TAS for Listing and TMDL Program. These currently performed, such as those purposes of the CWA Section 303(d) criteria are discussed below. listed above; and (3) identify the sources Impaired Water Listing and TMDL The first criterion for TAS would of authorities to perform these functions Program. Such procedures would be require the tribe to be federally (e.g., tribal constitutions and codes). codified in a new section 130.16 of the recognized by the U.S. Department of The third criterion, concerning tribal water quality planning and management the Interior (DOI) and meet the authority, means that a tribe seeking regulation. Section 130.16 would definitions in § 131.3(k) and (l). The TAS for purposes of the CWA Section tribe may address the recognition 303(d) Impaired Water Listing and 9 CWA section 305(b) requires states to provide requirement either by stating that it is TMDL Program must adequately every two years an assessment of the quality of all included on the list of federally demonstrate authority to manage and their waters. EPA explicitly exempted tribes from recognized tribes published periodically protect water resources within the the section 305(b) reporting requirement. See 40 CFR 130.4(a); 54 FR 14354, 14357 (April 11, 1989). by DOI, or by submitting other borders of the tribe’s reservation. To 10 See Guidance for 2006 Assessment, Listing and appropriate documentation (e.g., if the verify authority and satisfy the third Reporting Requirements Pursuant to Sections tribe is federally recognized but is not criterion of the proposed rule, a tribe 303(d), 305(b) and 314 of the Clean Water Act, July yet included on the DOI list). The would be required to include a 29, 2005, (available at http://water.epa.gov/ lawsregs/lawsguidance/cwa/tmdl/upload/2006irg- definition of ‘‘tribe’’ in § 131.3(l), along statement signed by the tribal legal report.pdf) for more information on the Integrated with requiring federal recognition, counsel, or an equivalent official, Report. additionally requires that the tribe is explaining the legal basis for the tribe’s

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regulatory authority, and appropriate CWA Section 303(d) Program. As interpretation of tribal authority under additional documentation (e.g., maps, discussed below, EPA has also the CWA and provide appropriate tribal codes and ordinances). separately proposed to revise its application procedures to ensure that In promulgating prior CWA TAS interpretation of the CWA tribal relevant jurisdictional information is regulations, EPA took an initial cautious provision by conclusively determining provided to EPA and made available for approach that required tribes applying that Congress intended to delegate comment. 80 FR 47430. EPA thus for eligibility to administer regulatory authority to eligible tribes to regulate proposes to establish the basic TAS programs under the statute to their entire reservations under the CWA application and review procedures demonstrate their inherent tribal irrespective of land ownership. If and proposed today notwithstanding that authority over the relevant regulated when this revised interpretation is the proposed reinterpretation remains activities on their reservations. See, e.g., finalized, it will be applied in reviewing pending. Once these rules are finalized, 56 FR at 64877–81. This included a any TAS application submitted under EPA will review any TAS applications demonstration of inherent regulatory the regulations proposed today. Unless for the CWA Section 303(d) Program in authority over the activities of non-tribal and until that revised interpretation is accordance with the interpretation of members on lands they own in fee finalized, however, EPA will continue CWA tribal jurisdiction that applies at within a reservation under the to evaluate TAS applications consistent the time. principles of Montana v. United States, with the Agency’s current approach and The fourth criterion would require 450 U.S. 544 (1981), and its progeny. will continue to apply the generalized that the tribe, in the Regional Montana held that, absent a federal findings set forth in prior CWA TAS Administrator’s judgment, be reasonably grant of authority, tribes generally lack rulemakings in making case-by-case expected to be capable of administering inherent jurisdiction over nonmember determinations regarding tribes’ an effective CWA Section 303(d) activities on nonmember fee land, but inherent regulatory authority. Impaired Water Listing and TMDL retain inherent civil jurisdiction over In prior CWA TAS promulgations, Program. To meet this requirement, nonmember activities within the EPA recognized that there was tribes would either: (1) show that they reservation where (i) nonmembers enter significant support for the view that have the necessary management and into ‘‘consensual relationships with the Congress had intended to delegate technical skills, or (2) submit a plan tribe or its members, through authority to eligible Indian tribes to detailing steps for acquiring the commercial dealing, contracts, leases, or administer CWA regulatory programs necessary management and technical other arrangements’’ or (ii) ‘‘. . . over their entire reservations, skills. When considering tribal [nonmember] conduct threatens or has irrespective of land ownership, and EPA capability, EPA would also consider some direct effect on the political expressly stated that the issue of tribal whether the tribe can demonstrate the integrity, the economic security, or the authority under the CWA remained existence of institutions that exercise health or welfare of the tribe.’’ Montana, open for further consideration in light of executive, legislative, and judicial 450 U.S. at 565–66. additional congressional or judicial functions, and whether the tribe has a In addressing the second exception of guidance. See, e.g., 56 FR at 64878–81. history of successful managerial Montana regarding the effects of On August 7, 2015, EPA published in performance of public health or nonmember conduct, EPA has the Federal Register a proposed rule to environmental programs. previously described the Agency’s reinterpret the CWA tribal provision as operating approach to require a showing including such an express delegation of The specific information required for that the potential impacts of regulated authority by Congress. 80 FR 47430. If tribal applications to EPA is described activities on the tribe are serious and EPA finalizes that reinterpretation, in proposed § 130.16 (a) and (b). The substantial. 56 FR at 64878. EPA also applicant Indian tribes would no longer application would be required, in explained that the activities regulated be required to demonstrate inherent general, to include a statement regarding under the various environmental authority to regulate their reservation federal recognition by DOI, statutes, including the CWA, generally waters under the CWA. Among other documentation that the tribal governing have serious and substantial potential things, tribes would thus no longer be body is exercising substantial duties and impacts on human health and welfare. required to meet the test established in powers, documentation of tribal Id. EPA described the Agency’s expert Montana v. United States, 450 U.S. 544 authority to regulate water quality on assessment regarding the critical (1981), and its progeny with regard to the reservation, a narrative statement of importance of water quality exercises of inherent tribal regulatory tribal capability to administer the CWA management to self-government and authority over nonmember activity. Id. Section 303(d) Impaired Water Listing also explained that because of the Instead, a tribe would be able to rely on and TMDL Program, and any other mobile nature of pollutants in surface the congressional delegation of information requested by the Regional waters and the relatively small size of authority included in section 518 of the Administrator. water bodies on reservations, it would statute as the source of authority to Consistent with EPA’s other TAS be very likely that any water quality administer CWA regulatory programs regulations, the proposed rule also impairment on non-Indian fee land over its entire reservation as part of its provides that where a tribe has within a reservation would also impair legal statement. previously qualified for TAS for water quality on tribal lands. Id. at The proposed TAS rule for the CWA purposes of a different EPA program, 64878–79. EPA stated that its Section 303(d) Impaired Water Listing the tribe is only required to provide generalized findings regarding the and TMDL Program is intended to information that has not been submitted relationship of water quality to tribal provide appropriate TAS application as part of a prior TAS application. To health and welfare would supplement and review procedures irrespective of facilitate review of tribal applications, the factual showing tribes would make which interpretation of tribal authority EPA would request that a tribal in applying for TAS. Id. EPA reiterates under the Act applies. As explained in application inform EPA whether the the generalized statutory and factual EPA’s proposed reinterpretation, EPA’s tribe has been approved for TAS or findings set forth in those prior TAS existing TAS regulations—including 40 deemed eligible to receive authorization rulemakings and believes they apply CFR 131.8, upon which this proposed for any other EPA program. See 59 FR equally to TAS applications for the rule is modeled—accommodate either at 64340.

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The TAS application procedures and appropriate opportunity for notice (e.g., through local newspapers, criteria for the CWA Sections 303(c) ‘‘appropriate governmental entities’’ electronic media, or other appropriate WQS and 303(d) Impaired Water Listing (i.e., states, tribes and other federal media) to inform other potentially and TMDL Programs are similar in entities located contiguous to the interested entities of the applicant many respects, and a tribe interested in reservation of the applicant tribe) to tribe’s complete application and of the both programs may wish to streamline comment on an applicant tribe’s opportunity to provide relevant the application process by combining a assertion of authority and, among other information regarding the tribe’s request for TAS eligibility for 303(c) and things, inform EPA of any special assertion of authority. As described 303(d) into a single application. circumstances that they believe could below, this aspect of EPA’s review Although a tribe would not be required affect a tribe’s ability to administer the procedure would apply unless such to do so, EPA’s proposed approach 303(d) Program. process would be duplicative of a notice would allow a tribe to submit a EPA is also aware that section and comment process already combined application, which addresses 10211(b) of the Safe, Accountable, performed in connection with the same the criteria and application Flexible, Efficient Transportation Equity tribe’s prior application for TAS for requirements of § 131.8 and proposed Act of 2005 (‘‘SAFETEA’’), Public Law another CWA regulatory program. § 130.16, to EPA if the tribe is interested 109–59, 119 Stat. 1144 (August 10, B. Avoidance of Duplicative Notice and in applying for TAS for both the CWA 2005) established a unique TAS Comment Procedures Section 303(c) and 303(d) Programs. requirement with respect to Indian tribes located in the State of Oklahoma. EPA is proposing to include VI. What special circumstances may Under section 10211(b) of SAFETEA, provisions intended to help avoid exist regarding qualification for TAS tribes in Oklahoma seeking TAS under unnecessary and wasteful duplication of for the CWA Section 303(d) impaired a statute administered by EPA for the the notice and comment procedures water listing and TMDL program? purpose of administering an described in VII A. Specifically, EPA There could be rare instances where environmental regulatory program must, proposes that, where a tribe has special circumstances limit or preclude in addition to meeting applicable TAS previously qualified for TAS for a CWA a particular tribe’s ability to be requirements under the relevant EPA- regulatory program12 and EPA has authorized to administer the 303(d) administered environmental statute, provided notice and an opportunity to Program over its reservation. For enter into a cooperative agreement with comment on the tribe’s assertion of example, there could be a separate the state that is subject to EPA approval authority as part of its review of the federal statute establishing unique and that provides for the tribe and state prior application, no further notice jurisdictional arrangements for a to jointly plan and administer program would be provided with regard to the specific state or a specific reservation requirements. This requirement of same tribe’s application for the 303(d) that could affect a tribe’s ability to SAFETEA applies apart from, and in Program, unless the section 303(d) TAS exercise authority under the CWA. It is addition to, existing TAS criteria, application presents different also possible that provisions in including the TAS criteria set forth in jurisdictional issues or significant new particular treaties or tribal constitutions section 518 of the CWA. EPA’s proposal factual or legal information relevant to could limit a tribe’s ability to exercise relates solely to the CWA TAS jurisdiction to the Regional relevant authority.11 requirement; it would thus have no Administrator. Proposed § 130.16(c)(4). The application requirements of effect on the separate requirement of This proposed approach would apply to § 130.16 (a) and (b) would require tribes section 10211(b) of SAFETEA. all tribes that have previously obtained to submit a statement of their legal TAS for the CWA Section 303(c) WQS VII. What procedure would EPA follow counsel (or equivalent official) Program, CWA Section 402 NPDES in reviewing a tribe’s TAS application? describing the basis for their assertion of Program or Sewage Sludge Management authority. The statement can include A. Notice to Appropriate Governmental Program, or CWA Section 404 Dredge copies of documents such as tribal Entities and Fill Permit Program. constitutions, by-laws, charters, The proposed EPA review procedure, Where different jurisdictional issues executive orders, codes, ordinances, and included in § 130.16(c), specifies that or information are not present, resolutions. If EPA finalizes this the Regional Administrator, following additional notice and comment are proposed action, the requirement for a receipt of tribal applications, would likely to be duplicative of the process legal counsel’s statement would ensure process such applications in a timely already undertaken during EPA’s review that applicant tribes appropriately manner. EPA would promptly notify the of the prior TAS application. Under describe the bases of their authority and tribe that the complete application has these circumstances, the proposed rule address any special circumstances been received. Within 30 days after would avoid such duplication of efforts regarding their assertion of authority to receipt of a tribe’s complete TAS by authorizing the relevant EPA administer the 303(d) Program. The application for 303(d), EPA would Regional Administrator to process a proposed rule would provide an provide notice to appropriate TAS application for the 303(d) Program governmental entities (i.e., states, tribes, without a second notice and comment 11 EPA takes no position in this proposal and other federal entities located process. regarding whether any particular tribe or Indian Where different jurisdictional issues reservation is subject to any potential impediment contiguous to the reservation of the relating to authority to take on the 303(d) Program. applicant tribe) of the complete or new or changed information is Any such issue would need to be addressed on a application and the substance of and present, the notice and comment case-by-case basis and with the benefit of a full basis for the tribe’s assertion of process described in § 130.16(c)(2) record of relevant information that would be would apply. For example, if the developed during the processing of a particular authority over reservation waters, and TAS application. To the extent EPA is ever called would provide a 30 day opportunity to geographic reservation area over which upon to make a decision regarding this type of comment to EPA on the tribe’s assertion issue, such a decision would be rendered in the 12 Specifically, the CWA Section 303(c) WQS context of EPA’s final action on a specific TAS of authority. See, e.g., 56 FR at 64844. Program, CWA Section 402 NPDES Program or application, and any judicial review of that decision EPA would also provide, consistent Sewage Sludge Management Program, or CWA would occur in that context. with prior practice, sufficiently broad Section 404 Dredge and Fill Permit Program.

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an applicant tribe asserts authority is necessarily delay EPA’s decision to treat VIII. What is an example of a stepwise different from the area covered by a the tribe in a similar manner as a state approach for tribes applying for TAS prior TAS application or EPA approval, for non-disputed areas. authority for CWA programs? the process proposed in § 130.16(c)(2) This proposed procedure does not would apply and would provide an imply that states, tribes, other federal EPA expects that the tribes most appropriate opportunity for comment on agencies, or any other entity have veto likely to be interested in applying for the tribe’s assertion of authority over the power over tribal TAS applications. TAS for the 303(d) Program will be new area. In such circumstances, a tribe Rather, it is intended to assist EPA in those that also have TAS for CWA may find it appropriate and useful to gathering information that may be section 303(c) and have applicable WQS update its prior TAS application at the relevant to the Agency’s determination for their reservation waters. EPA has same time it applies for TAS for 303(d). whether the applicant tribe has the taken final action approving TAS for This would help ensure that the tribe’s necessary authority to administer the WQS for 50 tribes. Forty-two of those TAS eligibility for the various CWA CWA Section 303(d) Impaired Water tribes have EPA-approved WQS, and programs covers the same geographic Listing and TMDL Program. EPA would one tribe without TAS for WQS has area. Such a combined TAS application not rely solely on the assertions of a federally promulgated WQS.13 By virtue would be subject to the § 130.16(c)(2) commenter who challenges a tribe’s of their involvement in the WQS notice and comment process. assertion of authority, but rather make Program, these tribes will already have EPA requests comment on its an independent evaluation of the tribal demonstrated an interest in directly proposed approach or alternative showing. administering certain fundamental approaches. In addition, we request elements of the CWA as well as the D. EPA’s Decision Process comment on whether the § 130.16(c)(4) resources and capacity to do so. Since notice and comment exemption should The proposed rule requires EPA to applicable WQS are a foundation of the instead be available only process a tribe’s TAS application in a approach to protecting water quality prospectively—i.e., only where the timely manner, but does not specify a under the CWA, establishing EPA- applicant tribe obtains TAS for the CWA precise time frame for review of tribal approved/EPA-promulgated WQS for Section 303(c) WQS Program, CWA TAS applications. Each TAS application reservation water bodies will be an Section 402 NPDES Program or Sewage will present its own set of legal and important first step for tribes interested Sludge Management Program, or CWA factual issues, and EPA anticipates that in protecting and restoring their section 404 Dredge and Fill Permit in some cases it may be necessary to reservation waters. As tribes gain Program after this proposed rule is request additional information when experience developing and finalized (and, again, only if different examining tribal TAS applications. administering applicable WQS on their jurisdictional issues or significant new Similarly, the Agency’s experience with reservations, they may become factual or legal information relevant to states applying for various EPA interested in greater involvement in jurisdiction are not present in the tribe’s programs and with tribes applying for additional programs—such as the 303(d) 303(d) TAS application). One practical TAS for the WQS Program indicates that Program—designed to ensure that result of this alternative approach additional engagement between EPA applicable WQS are achieved. Obtaining would be that if one of the 50 tribes that and the applicant may be necessary TAS to implement a CWA Section has previously obtained TAS for the before final decisions are made. EPA 303(d) Impaired Water Listing and CWA Section 303(c) WQS Program were expects that similar exchanges with TMDL Program for its reservation waters to apply for TAS for the 303(d) Program tribes will often be helpful and enhance is one potential next step for interested after this proposed rule is finalized, the EPA’s processing of tribal TAS tribes. Under section 303(d), a tribe notice and comment process would be applications for the CWA Section 303(d) would use applicable WQS as the basis required. Impaired Water Listing and TMDL for identifying impaired waters and Program. calculating TMDLs, which quantify the C. Treatment of Competing or Where the Regional Administrator Conflicting Claims maximum amount of a pollutant that a determines that a tribal TAS application water body can receive and still meet Where a tribe’s assertion of authority satisfies the requirements of proposed the WQS. is subject to a competing or conflicting § 130.16(a) and (b), the Regional claim, the proposed procedures provide Administrator would promptly notify Table 1, below, is an example of one that the Regional Administrator, after the tribe that the tribe has qualified for step-wise approach that tribes may due consideration and in consideration TAS for the CWA Section 303(d) follow in developing their water quality of any other comments received, would Impaired Water Listing and TMDL programs under the CWA and determine whether the tribe has Program. A decision by the Regional ultimately seeking TAS for the CWA adequately demonstrated authority to Administrator that a tribe does not meet Section 303(d) Impaired Water Listing regulate water quality on the reservation the requirements for TAS for purposes and TMDL Program. This is only one for purposes of the 303(d) Program. of the CWA Section 303(d) Impaired possible approach, and, under this Where the Regional Administrator Water Listing and TMDL Program approach, not all the identified steps concludes that a tribe has not would not preclude the tribe from would need to be taken sequentially adequately demonstrated its authority resubmitting the application at a future (e.g., some could be completed in with respect to an area in dispute, then date. If the Regional Administrator parallel). tribal assumption of the CWA Section determines that a tribal application is 303(d) Impaired Water Listing and deficient or incomplete, EPA will 13 A chart listing EPA approvals for tribes to administer a WQS program, and EPA’s approvals of TMDL Program may be restricted identify such deficiencies and gaps so tribes’ WQS is available at http://water.epa.gov/ accordingly. If a dispute is focused on the tribe can make changes as scitech/swguidance/standards/wqslibrary/ a limited area, this would not appropriate or necessary. approvtable.cfm.

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TABLE 1—EXAMPLE OF A STEP-WISE APPROACH TO REGULATORY ACTIVITIES FOR TRIBES INTERESTED IN APPLYING FOR TAS AUTHORITY TO IMPLEMENT THE CWA SECTION 303(d) IMPAIRED WATER LISTING AND TMDL PROGRAM

Step 1: Tribe seeks TAS for CWA 303(c): WQS • Tribe decides to evaluate and address water quality within its reservation by establishing WQS under the CWA. • Tribe identifies and inventories reservation water bodies. • Tribe applies for TAS for WQS. Step 2: Tribe Adopts WQS ...... • Tribe develops its water quality goals. • Tribe drafts WQS for EPA approval. • EPA approves tribal WQS. Step 3: Tribe seeks TAS for CWA Section • Tribe decides to assess water quality conditions (i.e., comparing water quality monitoring 303(d): Impaired Water Listing and TMDL data and information against applicable WQS), identify impaired waters, and develop Program. TMDLs. • Tribe applies for TAS to implement a 303(d) program under the CWA. • EPA approves TAS for 303(d). Step 4: Tribe implements the CWA Section Tribe conducts activities required by 40 CFR 130.7, including but not limited to: 303(d) Impaired Water Listing and TMDL Pro- • Assembles and evaluates all existing and readily available water quality-related data and in- gram. formation on reservation water bodies (data may have been gathered by an established, comprehensive monitoring program). • Develops section 303(d) list of impaired waters (that is, reservation water bodies that do not meet or are not likely to meet applicable WQS). • Prioritizes list of impaired water bodies for TMDL development. • Submits section 303(d) list to EPA for approval. • Develops TMDLs for listed waters. • Submits TMDLs to EPA for approval. Step 5: Tribe implements TMDLs (not required • Carry out watershed-specific plans to implement TMDLs. by 40 CFR 130.7). • Monitors TMDL implementation and effectiveness. Step 6: Tribe seeks other CWA regulatory pro- Possibilities include: grams. • CWA Section 402 NPDES Program. • CWA Section 405 Sewage Sludge Management Program. • CWA Section 404 Dredge and Fill Permit Program.

The proposed rule does not require obtained EPA approval for TAS for the sources of tribal funding such as CWA tribes to have applicable WQS in place WQS Program. EPA specifically invites section 319 grants and section 106 on their reservations prior to applying public comment on whether a tribe grants are already tightly constrained for TAS eligibility for the 303(d) applying for TAS for the 303(d) Program and may not be available to support Program. Under section 303(d), should instead be required to have additional work under section 303(d). however, states and authorized tribes already received EPA approval—or at Some tribes that receive CWA funding must develop lists of impaired waters least simultaneously apply—for TAS for may be able to identify program and TMDLs based on applicable WQS. CWA Section 303(c) WQS Program. activities that could also support 303(d) CWA sections 303(d)(1) and (2). IX. What financial and technical activities (e.g., assessing water quality to Although EPA expects that the tribes develop impaired water lists, most likely to be interested in support is available from EPA to tribes as they choose to develop and developing a nonpoint source watershed administering the 303(d) Program are plan that would also implement the those that do have such WQS, the implement a CWA Section 303(d) impaired water listing and TMDL nonpoint source portions of a TMDL), proposed rule would not preclude other but the availability of such tribes from obtaining TAS status for program? opportunities is uncertain. section 303(d) purposes and thus Pre-proposal input from tribes As resources allow, EPA may be able ensuring that TAS eligibility indicates that resources and funding to work cooperatively with tribes, as requirements are satisfactorily available for TMDL development will be appropriate, on impaired water listing addressed prior to expending resources important considerations for tribes in on developing WQS. This approach deciding whether to apply for TAS for and TMDL issues in Indian country. For would also allow tribes, at their CWA section 303(d) purposes. The example, EPA may develop training discretion, to streamline and minimize Impaired Water Listing and TMDL and/or provide other technical support expenditures on TAS procedures by Program is not a grant program, and no to tribes interested in obtaining TAS for combining TAS requests for sections federal grant funds are available directly 303(d) and implementing a CWA 303(c) and 303(d) into a single from the Impaired Water Listing and Section 303(d) Impaired Water Listing application. Since authorized tribes TMDL Program. A tribe may be able to and TMDL Program if EPA staff and must list waters and develop TMDLs use its General Assistance Program other resources are available to do so. based on applicable WQS, however, (GAP) Grant under the Indian As a general matter, however, EPA EPA also specifically invites public Environmental General Assistance cannot assure that funding will be comment on whether applicable WQS Program Act to support development of available for a tribe developing or should instead be a prerequisite for a section 303(d) program and capacity to implementing the 303(d) Program, and a obtaining TAS for the CWA Section implement such a program, but GAP tribe considering whether to apply to 303(d) Impaired Water Listing and funds are not available for ongoing administer the Program will need to TMDL Program. program implementation. Tribes carefully assess its priorities and the The proposed rule also does not interested in this approach would need availability of EPA assistance or other require tribes seeking TAS eligibility for to contact their Regional GAP Program resources. the 303(d) Program to have previously coordinator. In addition, existing

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X. Statutory and Executive Order must submit information to EPA Total estimated cost: $4,185,269, Reviews demonstrating that the tribe meets the including staff salaries and the cost of Additional information about these statutory criteria described in section V. support contractors for an annual statutes and Executive Orders can be EPA requires this information in order average of 12 tribes to apply for TAS found at http://www2.epa.gov/laws- to determine that the tribe is eligible to and implement the 303(d) Program. This administer the program. Similarly, EPA regulations/laws-and-executive-orders. action does not entail capital or requires the information—in this case, operation and maintenance costs. A. Executive Order 12866: Regulatory the lists of impaired waters and the An agency may not conduct or Planning and Review and Executive TMDLs—from the authorized tribes sponsor, and a person is not required to Order 13563: Improving Regulation and once they begin implementing the respond to, a collection of information Regulatory Review program. unless it displays a currently valid OMB Respondents/affected entities: Any This action is not a significant control number. The OMB control federally recognized tribe with a regulatory action and was, therefore, not numbers for EPA’s regulations in 40 reservation can potentially apply to submitted to the Office of Management CFR are listed in 40 CFR part 9. administer a regulatory program under Submit your comments on the and Budget for review. the CWA. Tribes with TAS for the Agency’s need for this information, the B. Paperwork Reduction Act (PRA) 303(d) Program would then implement accuracy of the provided burden EPA has submitted the information the Program, as described in section IV. estimates and any suggested methods Respondent’s obligation to respond: collection requirements in this proposed for minimizing respondent burden to The information discussed in this legislative rule to OMB for approval EPA using the docket identified in the proposed rule is required from a tribe ADDRESSES section at the beginning of under the PRA. The Information only if the tribe seeks and is found Collection Request (ICR) document that this proposed rule. You may also send eligible to administer a CWA Section your ICR-related comments to OMB’s EPA prepared has been assigned EPA 303(d) Impaired Water Listing and ICR number 2515.01. You can find a Office of Information and Regulatory TMDL Program. See EPA’s proposed Affairs via email to copy of the ICR in the docket for this regulations cited in section V of this _ proposed rule, and it is briefly oira [email protected], document. Attention: Desk Officer for EPA. Since summarized here. If EPA finalizes the Estimated number of respondents: proposed rule, this ICR would OMB is required to make a decision The total potential pool of respondents concerning the ICR between 30 and 60 supplement the current information is the over 300 tribes with reservations. collection requirements in EPA ICR days after receipt, OMB must receive Although there are 566 federally comments no later than February 18, number 1560.10 (National Water recognized Indian tribes in the United Quality Inventory Reports (Renewal)) 2016. EPA will respond to any ICR- States, the CWA allows only those tribes related comments in the final rule. and address the tribes’ CWA Section with reservations to apply for authority 303(d) Impaired Water Listing and to administer programs. EPA estimates C. Regulatory Flexibility Act (RFA) TMDL TAS application and 303(d) that an average of 12 tribes per year I certify that this action will not have Program implementation burden, as would apply under this proposed rule, a significant economic impact on a well as EPA’s burden for reviewing the and an average of 12 tribes per year substantial number of small entities tribes’ applications and 303(d) Program would implement the 303(d) Program under the RFA. This action will not submittals. OMB approved the existing over the three year period of the ICR. impose any requirements on small ICR number 1560.10 in December 2012. Frequency of response: Application entities. This action affects only Indian This proposed legislative rule would by a tribe to be eligible to administer the tribes that seek TAS for the CWA establish a process for tribes to obtain 303(d) Program is a one-time collection Section 303(d) Impaired Water Listing TAS for the 303(d) Program. As of information. Tribes submit impaired and TMDL Program. described in the ICR, EPA estimates the water lists to EPA every two years, and total burden on tribes to apply for TAS submit TMDLs to EPA from time to time D. Unfunded Mandates Reform Act for the 303(d) Program would be 3,240 as described in section IV of this (UMRA) staff hours annually for an estimated 12 document. This action does not contain any tribes that would apply for and receive Total estimated burden: 89,904 tribal unfunded mandate as described in TAS approval per year. staff hours per year for TAS for 303(d) UMRA, 2 U.S.C. 1531–1538, and does Tribes that receive TAS approval Program application activities and not significantly or uniquely affect small would then need to implement the 303(d) Program implementation governments. The action imposes no requirements of section 303(d) to list activities. Burden is defined at 5 CFR enforceable duty on any state, local or impaired waters, set TMDL priorities, 1320.3(b). tribal governments or the private sector. and develop TMDLs. EPA estimates that This estimate may overstate actual such 303(d) Program implementation burden because EPA used a E. Executive Order 13132: Federalism burden would entail 86,664 staff hours conservatively high estimate of the This action does not have federalism for the estimated 12 tribes. ICR 1560.10 annual rate of tribal applications. This implications. It will not have substantial already includes the estimated burden estimate was used to ensure that the ICR direct effects on the states, on the for states to implement section 303(d), does not underestimate tribal burden, relationship between the national but does not include estimates for tribes. given that EPA used a simplifying government and the states, or on the Therefore, the ICR for this proposed rule steady-state assumption in estimating distribution of power and includes tribal section 303(d) annualized tribal application costs. responsibilities among the various implementation burden as well as the Also, EPA used conservatively high levels of government. TAS application burden described in estimates of 303(d) implementation This proposed action would only the previous paragraph. burden (i.e., 303(d) listing and number apply to tribal governments that seek As discussed in section V, EPA’s of TMDLs that tribes would submit to eligibility to administer the 303(d) regulations require that a tribe seeking EPA annually), as further described in Program. Although it could be of to administer a CWA regulatory program the draft ICR number 2515.01. interest to some state governments, it

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would not apply directly to any state proposed rule will provide a regulatory 13045 because it does not concern an government or to any other entity. process for the tribe to apply and for environmental health or safety risk. In the spirit of Executive Order 13132, EPA to act on the tribe’s application. and consistent with EPA policy to H. Executive Order 13211: Actions EPA consulted and coordinated with Concerning Regulations That promote communications between EPA tribal officials under the EPA Policy on and state and local governments, EPA Significantly Affect Energy Supply, Consultation and Coordination with Distribution, or Use consulted with state associations and Indian Tribes early in the process of representatives of state governments to developing this proposed regulation to This action is not subject to Executive obtain meaningful and timely input for permit them to have meaningful and Order 13211 because it is not a consideration in this proposal. By letter timely input into its development. A significant regulatory action under dated September 19, 2014, EPA invited summary of that consultation and Executive Order 12866. 10 national and regional state coordination follows. I. National Technology Transfer and associations to an October 1, 2014, EPA initiated a tribal consultation and Advancement Act informational meeting at EPA in coordination process for this action by Washington, DC.14 As a result of this This rulemaking does not involve sending a ‘‘Notification of Consultation technical standards. meeting and other outreach, EPA and Coordination’’ letter on March 28, participated in two follow-on meetings 2014, to all 566 federally-recognized J. Executive Order 12898: Federal with a subset of these associations and tribes. The letter invited tribal leaders Actions to Address Environmental their members as well as certain and designated consultation Justice in Minority Populations and individual states during the month of representative(s) to participate in the Low-Income Populations October 2014. Records of these meetings tribal consultation and coordination and copies of written comments and The proposed rule would not have process. EPA held a webinar concerning potential to cause disproportionately questions submitted by states and state this matter for tribal representatives on associations are included in the docket high and adverse human health or April 29, 2014. A total of 46 tribal environmental effects on minority, low- for this proposed rule. representatives participated. Some participants expressed interest income, or indigenous populations. This Additionally, tribes and tribal in: (1) the nature of comments received proposed rule would have no direct organizations sent five comment letters from tribes during the pre-proposal impacts on human health or the to EPA. Records of this webinar and tribal consultation and coordination environment. The proposed rule would copies of written comments and (April 8–June 6, 2014); (2) where they affect processes and information could find the list of tribes having TAS questions submitted by tribes and collection only. The proposed rule for the WQS Program; (3) whether the intertribal consortia are included in the would put in place the procedures TAS process for CWA Section 303(d) docket for this proposed rule. interested tribes would follow to seek Impaired Water Listing and TMDL Tribal comments generally supported TAS for the CWA Section 303(d) Program would be consistent with other EPA’s plan to propose a TAS rule for the Impaired Water Listing and TMDL TAS processes; and (4) whether there is 303(d) Program. Some comments Program. The action is likely to result in a process in place to consult with states expressed the need for additional the collection of information or data that where a tribe applies for TAS for 303(d). financial and technical support as tribes could be used to assess potential Some states also had questions about obtain TAS for the CWA Section 303(d) impacts on the health or environmental issues unique to their situations. EPA Impaired Water Listing and TMDL conditions in Indian country (see considered this input in developing the Program. EPA considered the tribal sections III and IV). As described in proposed rule, particularly in comments in developing this proposal, sections III and IV, above, under CWA developing sections V to IX. EPA and intends to remain sensitive to tribal section 303(d), authorized tribes would specifically solicits additional comment resource issues in its budgeting and be required to develop lists of impaired on this proposed action from state planning process. However, EPA cannot waters, submit these lists to EPA, and officials. assure or assume that additional develop TMDLs for pollutants causing funding will be available for a tribe impairments in the waters on the 303(d) F. Executive Order 13175: Tribal developing or implementing the 303(d) lists. TAS for 303(d) would provide Consultation and Coordination Program. A tribe choosing to administer authorized tribes the opportunity to This action has tribal implications such programs will need to carefully participate directly in protecting their because it will directly affect tribes weigh its priorities and any available reservation waters through the Section interested in administering the CWA EPA assistance as described in section 303(d) Impaired Water Listing and Section 303(d) Impaired Water Listing IX above. TMDL Program, as Congress intended and TMDL Program. However, it would EPA specifically solicits additional through CWA section 518(e). EPA also neither impose substantial direct comment on this proposed action From expects this proposed rule would compliance costs on federally tribal officials. advance the goals of the CWA as recognized tribal governments, nor interested tribes apply for TAS to G. Executive Order 13045: Protection of preempt tribal law. Tribes are not administer the CWA Section 303(d) Children From Environmental Health required to administer a 303(d) program. Impaired Water Listing and TMDL Risks and Safety Risks Where a tribe chooses to do so, the Program for reservation water bodies. EPA interprets Executive Order 13045 The action is likely to increase the 14 The ten associations were: the National as applying only to those regulatory availability of information to indigenous Governors Association, the National Conference of actions that concern environmental populations as interested tribes obtain State Legislatures, the Council of State Governments, the Western Governors’ Association, health or safety risks that EPA has TAS for the CWA Section 303(d) the Southern Governors’ Association, the reason to think could disproportionately Impaired Water Listing and TMDL Midwestern Governors Association, the Coalition of affect children, per the definition of Program and begin implementing the Northeastern Governors, the Environmental Council Program. In short, tribes with TAS of the States, the Association of Clean Water ‘‘covered regulatory action’’ in section Administrators, and the Western States Water 2–202 of the Executive Order. This assume the primary role in deciding (1) Council. action is not subject to Executive Order what waters on their reservations are

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impaired and in need of restoration, (2) (4) The Indian tribe is reasonably 303(d) Impaired Water Listing and the priority ranking for TMDL expected to be capable, in the Regional TMDL Program. The narrative statement development, and (3) what the TMDLs Administrator’s judgment, of carrying should include: and pollutant source allocations for out the functions of an effective CWA (i) A description of the Indian tribe’s those waters should look like. Section 303(d) Impaired Water Listing previous management experience that EPA provided meaningful and TMDL Program in a manner may include the administration of participation opportunities for tribes in consistent with the terms and purposes programs and services authorized by the the development of this proposed rule, of the Act and applicable regulations. Indian Self-Determination and as described in ‘‘F. Executive Order (b) Requests by Indian tribes for Education Assistance Act (25 U.S.C. 13175: Tribal Consultation and administration of the CWA Section 450, et seq.), the Indian Mineral Coordination,’’ above. 303(d) Impaired Waters Listing and Development Act (25 U.S.C. 2101, et TMDL Program should be submitted to seq.), or the Indian Sanitation Facility List of Subjects in 40 CFR Part 130 the appropriate EPA Regional Construction Activity Act (42 U.S.C. Environmental protection, Grant Administrator. The application shall 2004a); programs-environmental protection, include the following information, (ii) A list of existing environmental or Indians-lands, Intergovernmental provided that where the tribe has public health programs administered by relations, Reporting and recordkeeping previously qualified for eligibility or the tribal governing body and copies of requirements, Water pollution control, ‘‘treatment as a state’’ (TAS) under related tribal laws, policies, and Water supply. another EPA-administered program, the regulations; (iii) A description of the entity (or Dated: January 6, 2016. tribe need only provide the required entities) that exercise the executive, Gina McCarthy, information that has not been submitted in a previous application: legislative, and judicial functions of the Administrator. (1) A statement that the tribe is tribal government; For the reasons stated in the recognized by the Secretary of the (iv) A description of the existing, or preamble, the U.S. Environmental Interior. proposed, agency of the Indian tribe that Protection Agency proposes to amend (2) A descriptive statement will assume primary responsibility for 40 CFR part 130 as follows: demonstrating that the tribal governing establishing, reviewing, implementing body is currently carrying out and revising impaired water lists and PART 130—WATER QUALITY substantial governmental duties and TMDLs; PLANNING AND MANAGEMENT powers over a defined area. The (v) A description of the technical and administrative capabilities of the staff to ■ 1. The authority citation for part 130 statement should: administer and manage an effective continues to read as follows: (i) Describe the form of the tribal government; CWA Section 303(d) Impaired Water Authority: 33 U.S.C. 1251 et seq. (ii) Describe the types of Listing and TMDL Program or a plan ■ 2. Add § 130.16 to read as follows: governmental functions currently that proposes how the tribe will acquire performed by the tribal governing body the needed administrative and technical § 130.16 Treatment of Indian Tribes in a such as, but not limited to, the exercise expertise. The plan must address how similar manner as States for purposes of section 303(d) of the Clean Water Act. of police powers affecting (or relating to) the tribe will obtain the funds to acquire the health, safety, and welfare of the the administrative and technical (a) The Regional Administrator may affected population, taxation, and the expertise. accept and approve a tribal application exercise of the power of eminent (5) Additional documentation for purposes of administering the Clean domain; and required by the Regional Administrator Water Act (CWA) Section 303(d) (iii) Identify the source of the tribal that, in the judgment of the Regional Impaired Water Listing and Total government’s authority to carry out the Administrator, is necessary to support a Maximum Daily Load (TMDL) Program governmental functions currently being tribal application. if the tribe meets the following criteria: performed. (c) Procedure for processing a tribe’s (1) The Indian tribe is recognized by (3) A descriptive statement of the application. (1) The Regional the Secretary of the Interior and meets tribe’s authority to regulate water Administrator shall process an the definitions in § 131.3 (k) and (l) of quality. The statement should include: application of a tribe submitted this chapter; (i) A map or legal description of the pursuant to paragraph (b) of this section (2) The Indian tribe has a governing area over which the tribe asserts in a timely manner. The Regional body carrying out substantial authority to regulate surface water Administrator shall promptly notify the governmental duties and powers; quality; tribe of receipt of the application. (3) The CWA Section 303(d) Impaired (ii) A statement by the tribe’s legal (2) Except as provided below in Water Listing and TMDL Program to be counsel (or equivalent official) that paragraph (c)(4) of this section, within administered by the Indian tribe describes the basis for the tribe’s 30 days after receipt of the tribe’s pertains to the management and assertion of authority and may include application the Regional Administrator protection of water resources that are a copy of documents such as tribal shall provide appropriate notice. Notice within the borders of the Indian constitutions, by-laws, charters, shall: reservation and held by the Indian tribe, executive orders, codes, ordinances, (i) Include information on the within the borders of the Indian and/or resolutions that support the substance and basis of the tribe’s reservation and held by the United tribe’s assertion of authority; and assertion of authority to regulate the States in trust for Indians, within the (iii) An identification of the surface quality of reservation waters; and borders of the Indian reservation and waters that the tribe proposes to assess (ii) Be provided to all appropriate held by a member of the Indian tribe if for potential impaired water listing and governmental entities. such property interest is subject to a TMDL development. (iii) Provide 30 days for comments to trust restriction on alienation, or (4) A narrative statement describing be submitted on the tribal application. otherwise within the borders of the the capability of the Indian tribe to Comments shall be limited to the tribe’s Indian reservation; and administer an effective CWA Section assertion of authority.

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(3) If a tribe’s asserted authority is ENVIRONMENTAL PROTECTION NW., Washington, DC 20460–0001. The subject to a competing or conflicting AGENCY Public Reading Room is open from 8:30 claim, the Regional Administrator, after a.m. to 4:30 p.m., Monday through due consideration, and in consideration 40 CFR Part 180 Friday, excluding legal holidays. The of other comments received, shall [EPA–HQ–OPP–2015–0032; FRL–9939–32] telephone number for the Public determine whether the tribe has Reading Room is (202) 566–1744, and adequately demonstrated that it meets Withdrawal of Pesticide Petitions for the telephone number for the OPP the requirements of paragraph (a)(3) of Establishment or Modification of Docket is (703) 305–5805. Please review this section. Pesticide Chemical Tolerances or the visitor instructions and additional Tolerance Exemptions information about the docket available (4) Where EPA has previously at http://www.epa.gov/dockets. determined that a tribe qualifies for TAS AGENCY: Environmental Protection for the CWA Section 303(c) Water Agency (EPA). II. What action is the agency taking? Quality Standards Program, CWA ACTION: Notice of withdrawal of EPA is announcing the withdrawal of Section 402 National Pollutant pesticide petitions. pesticide petitions received under Discharge Elimination System Program, section 408 of the Federal Food, Drug, or CWA Section 404 Dredge and Fill SUMMARY: This document announces the and Cosmetic Act (FFDCA), 21 U.S.C. Permit Program, and EPA has provided withdrawal of pesticide petitions 346a, requesting the establishment or notice and an opportunity to comment requesting the establishment or modification of tolerances or tolerance modification of tolerances or tolerance on the tribe’s assertion of authority to exemptions in 40 CFR part 180 for exemptions for residues of pesticide appropriate governmental entities as residues of pesticide chemicals in or on chemicals in or on various commodities. various food commodities. part of its review of the prior The petitions were either withdrawn Pursuant to 40 CFR 180.7(f), a application, no further notice to voluntarily by the petitioners or by the summary of each of the petitions governmental entities, as described in Agency. covered by this document, prepared by paragraph (c)(2) of this section, shall be DATES: The pesticide petitions in this the petitioner, was included in a docket provided with regard to the same tribe’s document are withdrawn as of January EPA created for each rulemaking. The application for the CWA Section 303(d) 19, 2016. docket for each of the petitions is Impaired Water Listing and TMDL FOR FURTHER INFORMATION CONTACT: available online at http:// Program, unless the application presents Susan Lewis, Registration Division (RD) www.regulations.gov. to the EPA Regional Administrator (7505P), Office of Pesticide Programs, Withdrawals by Petitioners different jurisdictional issues or Environmental Protection Agency, 1200 1. PP 0E7820 (spirodiclofen). EPA significant new factual or legal Pennsylvania Ave. NW., Washington, issued a notice in the Federal Register information relevant to jurisdiction. DC 20460–0001; main telephone of February 4, 2010 (76 FR 17374) number: (703) 305–7090; email address: (5) Where the Regional Administrator (EPA–HQ–OPP–2011–0087), which [email protected]. The mailing determines that a tribe meets the announced the filing of a pesticide address for each contact person is: requirements of this section, he or she petition (PP 0E7820) by Interregional Office of Pesticide Programs, shall promptly provide written Research Project Number 4 (IR–4), 500 Environmental Protection Agency, 1200 notification to the tribe that the tribe is College Road East, Suite 201 W, Pennsylvania Ave. NW., Washington, authorized to administer the CWA Princeton, NJ 08540. The petition DC 20460–0001. Section 303(d) Impaired Water Listing proposed to establish tolerances in 40 and TMDL Program. Such tribe shall be SUPPLEMENTARY INFORMATION: CFR part 180 for residues of the considered a ‘‘State’’ for purposes of I. General Information insecticide spirodiclofen, 3-(2,4- CWA section 303(d) and its dichlorophenyl)-2-oxo-1- implementing regulations. With respect A. Does this action apply to me? oxaspiro[4,5]dec-3-en-4-yl 2,2- to the timing requirement for submittal Although this action only applies to dimethylbutanoate, in or on sugar apple, of an authorized tribe’s first list of the petitioners in question, it is directed cherimoya, atemoya, custard apple, impaired waters pursuant to to the public in general. Since various ilama, soursop, biriba, guava, feijoa, § 130.7(d)(1), the tribe’s first list is due individuals or entities may be jaboticaba, wax jambu, starfruit, on the next listing cycle due date that interested, the Agency has not passionfruit, persimmon and acerola at is 24 months after the later of either: attempted to describe all the specific 0.45 ppm; and lychee, longan, Spanish entities that may be interested in this lime, rambutan and pulasan at 3.5 ppm. (i) The date EPA approves the tribe’s action. If you have any questions On April 17, 2014, IR–4 notified EPA TAS application pursuant to this section regarding this action, please consult the that it was withdrawing this petition. or person listed at the end of the 2. PP 9E7632 (spirodiclofen). EPA (ii) The date EPA-approved or EPA- withdrawal summary for the pesticide issued a notice in the Federal Register promulgated water quality standards petition of interest. of February 4, 2010 (75 FR 5790) (EPA– become effective for the tribe’s HQ–OPP–2009–0861), which B. How can I get copies of this document reservation waters. announced the filing of a pesticide and other related information? [FR Doc. 2016–00736 Filed 1–15–16; 8:45 am] petition (PP 9E7632) by Interregional The docket for this action, identified Research Project No. 4 (IR–4), 500 BILLING CODE 6560–50–P by docket identification (ID) number College Road East, Suite 201 W, EPA–HQ–OPP–2014–0008, is available Princeton, NJ 08540. The petition at http://www.regulations.gov or at the proposed to amend the tolerances in 40 OPP Docket in the Environmental CFR 180.608 by revising the tolerance Protection Agency Docket Center (EPA/ expression under paragraphs (a)(1) and DC), West William Jefferson Clinton (a)(2) to read as follows: (a)(1). Bldg., Rm. 3334, 1301 Constitution Ave. Tolerances are established for residues

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of the insecticide spirodiclofen, petition (PP 3E8226) by Cheminova nitroguanidine, in or on fruit, pome at including its metabolites and A/S, 1600 Wilson Blvd., Suite 700, 1.0 ppm with fruit, pome group (11–10) degradates. Compliance with the Arlington, VA 22209–2510. The petition at 1.0 ppm due to the expansion of crop tolerance levels specified is to be proposed to establish import tolerances groups. On June 24, 2015, Valent U.S.A. determined by measuring only in the 40 CFR part 180 for residues of Corporation notified EPA that it was spirodiclofen (3-(2,4-dichlorophenyl)-2- the insecticide gamma-cyhalothrin, in or withdrawing this petition. oxo-1-oxaspiro[4,5]dec-3-en-4-yl 2,2- on fruit, citrus, group 10–10 at 0.07 dimethylbutanoate). (a)(2). Tolerances ppm; citrus, dried pulp at 0.2 ppm; and 8. PP 4E8311 (flubendiamide). EPA are established for residues of the citrus, oil at 3.5 ppm. On April 8, 2015, issued a notice in the Federal Register insecticide spirodiclofen, including its Cheminova A/S notified EPA that it was of March 4, 2015 (80 FR 11611) (EPA– metabolites and degradates. Compliance withdrawing this petition. HQ–OPP–2014–0784), which with the tolerance levels specified is to 6. PP 3E8183 (1,3-dichloropropene). announced the filing of a pesticide be determined by measuring only the EPA issued a notice in the Federal petition (PP 4E8311) by Interregional sum of spirodiclofen (3-(2,4- Register of September 12, 2013 (78 FR Research Project Number 4 (IR–4), 500 dichlorophenyl)-2-oxo-1- 56185) (EPA–HQ–OPP–2013–0496), College Road East, Suite 201 W, oxaspiro[4,5]dec-3-en-4-yl 2,2- which announced the filing of a Princeton, NJ 08540. The petition dimethylbutanoate) and its metabolite 3- pesticide petition (PP 3E8183) by proposed to establish a tolerance in 40 (2,4-dichlorophenyl)-4-hydroxy-1- Interregional Research ProjectNumber 4 CFR part 180 for residues of the oxaspiro[4,5]dec-3-en-2-one, calculated (IR–4), 500 College Road East, Suite 201 insecticide, flubendiamide, (N2–1,1- as the stoichiometric equivalent of W, Princeton, NJ 08540. The petition dimethyl-2-(methylsulfonyl)ethyl-3- spirodiclofen. On April 17, 2014, IR–4 proposed to establish a tolerance in 40 iodo-N1-2-methyl-4-1,2,2,2-tetrafluoro- notified EPA that it was withdrawing CFR part 180 for the combined residues 1-(trifluoromethyl)ethylphenyl-1,2- this petition. of the fungicide, cis- and trans-1,3- benzenedicarboxamide) in or on the 3. PP 4G8247 (flutriafol). EPA issued dichloropropene, including its following: Bushberry subgroup 13–07B a notice in the Federal Register of metabolites and degradates, in or on at 8.0 ppm; vegetable, fruiting group 8– October 24, 2014 (79 FR 63594) (EPA– pineapple at 0.02 ppm. It is proposed HQ–OPP–2014–0379), which that compliance with the tolerance 10 at 0.60 ppm; fruit, pome, group 11– announced the filing of a pesticide levels specified in § 180.636 is to be 10 at 1.5 ppm; fruit, stone, group 12–12 petition (PP 4G8247) by Cheminova, determined by measuring cis- and trans- at 1.6 ppm; nut, tree, group 14–12 at Inc., 1600 Wilson Blvd., Suite 700, 1,3-dichloropropene and its metabolites 0.06 ppm; and sunflower, subgroup 20B Arlington, VA 22209–2510. The petition cis- and trans-3-chloroacrylic acid, and at 5.0 ppm. Upon the approval of the proposed to establish tolerances in the cis-and trans-3-chloroallylalcohol, in or aforementioned tolerances, the 40 CFR part 180 for residues of the on the commodity. The proposed petitioner requests to remove the fungicide flutriafol, (±)-a-(2- tolerances are to support post plant use established tolerances for flubendiamide fluorophenyl)-a-(4-fluorophenyl)-1 H- in pineapple, similar to the established in or on fruit, pome, group 11 at 1.5 1,2,4-triazole-1-ethanol, including its drip irrigation use of 1,3- ppm; fruit, stone, group 12 at 1.6 ppm; metabolites and degradates, in or on dichloropropene in grapes. On May 20, nut, tree, group 14 at 0.06 ppm; corn, sweet, forage at 5 parts per million 2015, IR–4 notified EPA that it was safflower, seed at 5.0 ppm; and (ppm); corn, sweet, kernel plus cob with withdrawing this petition. sunflower, seed at 5.0 ppm. On husks removed at 0.01 ppm; and corn, 7. PP 2F8008 (clothianidin). EPA September 3, 2015, IR–4 notified EPA sweet, stover at 15 ppm. On February issued a notice in the Federal Register that it was withdrawing this petition. 25, 2015, Cheminova, Inc., notified EPA of September 28, 2012 (77 FR 59578) that it was withdrawing this petition. (EPA–HQ–OPP–2010–0217), which List of Subjects in 40 CFR Part 180 4. PP 1E7923 (clothianidin). EPA announced the filing of a pesticide issued a notice in the Federal Register petition (PP 2F8008) by Valent U.S.A. Environmental protection, of December 8, 2011 (76 FR 76674) Corporation, P.O. Box 8025, Walnut Agricultural commodities, Feed (EPA–HQ–OPP–2011–0860), which Creek, CA 94596. The petition requested additives, Food additives, Pesticides announced the filing of a pesticide to establish tolerances in the 40 CFR and pests, Reporting and recordkeeping petition (PP 1E7923) by Interregional part 180 for residues of the insecticide requirements. Research Project Number 4 (IR–4), IR–4 clothianidin, (E)-1-(2-chloro-1,3-thiazol- Dated: December 23, 2015. Project Headquarters, Rutgers, The State 5-ylmethyl)-3-methyl-2-nitroguanidine, Susan Lewis, University of New Jersey, 500 College in or on fruiting, vegetables, group 8–10, Road East, Suite 201 W, Princeton, NJ except pepper/eggplant subgroup 8–10B Director, Registration Division, Office of 08450. The petition proposed to at 0.2 ppm; and pepper/eggplant Pesticide Programs. establish tolerances in 40 CFR part 180 subgroup 8–10B at 0.7 ppm. The [FR Doc. 2016–00431 Filed 1–15–16; 8:45 am] for residues of the insecticide petition also requested to amend the BILLING CODE 6560–50–P clothianidin, (E)-1-(2-chloro-1,3-thiazol- tolerance in 40 CFR 180.586 (a) by 5-ylmethyl)-3-methyl-2-nitroguanidine, deleting the tolerance for residues of the in or on strawberry at 1.4 parts per insecticide clothianidin, (E)-1-(2-chloro- million (ppm); citrus fruit group 10–10 1,3-thiazol-5-ylmethyl)-3-methyl-2- at 0.5 ppm; citrus, dried pulp at 1 ppm; nitroguanidine, in or on the vegetable, and pistachio at 0.01 ppm. On April 7, fruiting group 8 at 0.2 ppm, upon 2015, IR–4 notified EPA that it was approval of fruiting, vegetables, group withdrawing this petition. 8–10, except pepper/eggplant subgroup 5. PP 3E8226 (gamma-cyhalothrin). 8–10B at 0.2 ppm under ‘‘New EPA issued a notice in the Federal Tolerance’’ for PP 2F8008; and replacing Register of May 23, 2014 (79 FR 29729) the tolerance for residues of the (EPA–HQ–OPP–2014–0207), which insecticide clothianidin, (E)-1-(2-chloro- announced the filing of a pesticide 1,3-thiazol-5-ylmethyl)-3-methyl-2-

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DEPARTMENT OF HEALTH AND Clifton Road NE., Atlanta, Georgia, populations that the commenter HUMAN SERVICES 30329. Please call ahead to (404) 718– considers appropriate. 2000 and ask for a representative from HHS/CDC also invites comments on [Docket No. CDC–2015–0006] the Division of Select Agents and the following questions: 42 CFR Part 73 Toxins to schedule your visit. (1) Are there other methods that FOR FURTHER INFORMATION CONTACT: Dr. should be required to validate the RIN 0920–AA59 Dan Sosin, Acting Director, Division of rendering of a select agent non-viable or Select Agents and Toxins, Centers for regulated nucleic acids that can produce Possession, Use, and Transfer of infectious forms of any select agent Select Agents and Toxins; Biennial Disease Control and Prevention, 1600 Clifton Road NE., MS–A46, Atlanta, virus non-infectious? Review of the List of Select Agents and (2) Should there be changes to the Toxins and Enhanced Biosafety Georgia 30329. Telephone: (404) 718– 2000. toxin permissible limits for excluded Requirements toxins? SUPPLEMENTARY INFORMATION: AGENCY: Centers for Disease Control and The NPRM is organized as follows: (3) Should Diacetoxyscirpenol (DAS) Prevention (CDC), Department of Health and T–2 be removed from the select I. Public Participation and Human Services (HHS). toxin list because they do not have the II. Background potential to pose a severe threat to ACTION: Notice of Proposed Rulemaking A. Legal Authority (NPRM). B. Historical background to this public health and safety? rulemaking (4) Does seven calendar days provide SUMMARY: In accordance with the Public III. Summary of Proposed Changes to 42 CFR a sufficient amount of time for the entity Health Security and Bioterrorism part 73 to destroy or transfer the select agents or Preparedness and Response Act of 2002 A. Definitions toxins after identification? (the Bioterrorism Response Act), the B. Proposed changes to the list of select (5) Are there any specific biosafety Centers for Disease Control and agents measures that should be required to Prevention (CDC) in the Department of C. Inactivation of a Select Agent prevent laboratory acquired infections Health and Human Services (HHS) has D. Toxins (LAIs) or accidental release of the select E. Exemptions for select agents and toxins reviewed the list of biological agents F. Registration agents and toxins from an entity into the and toxins that have the potential to G. Responsible Official community? pose a severe threat to public health and H. Visitor Access to Select Agents and (6) What alternative regulatory safety and proposes to amend and Toxins requirement could be constructed such republish the list. Specifically, we are I. Security, Biosafety, and Incident that a registered entity would know proposing to remove six biological Response Plans whether it had a theft or loss of a select agents; add provisions to address the J. Training agent or toxin without that registered inactivation of select agents; add K. Records entity first having ‘‘an accurate, current specific provisions to the section of the IV. Alternatives Considered inventory for each select agent . . . held V. Required Regulatory Analyses in long term storage’’? regulations addressing biosafety; and A. Executive Orders 12866 and 13563 clarify regulatory language concerning B. The Regulatory Flexibility Act Comments received, including security, training, incident response, C. Paperwork Reduction Act of 1995 attachments and other supporting and records. D. EO 12988: Civil Justice Reform materials, are part of the public record DATES: Submit written or electronic E. EO 13132: Federalism and subject to public disclosure. Do not comments by March 21, 2016. F. Plain Language Act of 2010 include any information in your VI. References ADDRESSES: You may submit comments, comment or supporting materials that identified by Docket No. CDC–2015– I. Public Participation you consider confidential or 0006 or RIN 0920–AA59 by any of the inappropriate for public disclosure. Interested persons or organizations HHS/CDC will carefully consider all following methods: are invited to participate in this • Federal eRulemaking Portal: http:// comments submitted in preparation of a rulemaking by submitting written views, final rule. www.regulations.gov. Follow the recommendations, and data. Comments instructions for submitting comments. are invited on any topic related to this II. Background • Mail: Division of Select Agents and rulemaking. A. Legal Authority Toxins, Centers for Disease Control and In addition, HHS/CDC invites Prevention, 1600 Clifton Road NE., MS– comments specifically as to whether HHS/CDC is promulgating this rule A46, Atlanta, Georgia 30329, Attn: there are biological agents or toxins that under the authority of sections 201–204 Docket CDC–2015–0006. should be added or removed from the and 221 of Title II of Public Law 107– Instructions: All submissions received HHS list of select agents and toxins 188, 116 Stat 637 (42 U.S.C. 262a). must include the agency name and based on the following criteria: docket number or Regulatory B. Historical Background to This (1) The effect on human health of Rulemaking Information Number (RIN) for this exposure to the agent or toxin; rulemaking. All relevant comments (2) The degree of contagiousness of Subtitle A of the Public Health received will be posted without change the agent or toxin and the methods by Security and Bioterrorism Preparedness to http://regulations.gov, including any which the agent or toxin is transferred and Response Act of 2002, (42 U.S.C. personal information provided. For to humans; 262a), requires HHS to regulate the access to the docket to read background (3) The availability and effectiveness possession, use, and transfer of documents or comments received, go to of pharmacotherapies and biological agents or toxins that have the http://www.regulations.gov. immunizations to treat and prevent any potential to pose a severe threat to Comments will also be available for illness resulting from infection by the public health and safety (select agents public inspection from Monday through agent or exposure to the toxin; and and toxins). Subtitle B of the Public Friday, except for legal holidays, from 9 (4) Any other criteria, including the Health Security and Bioterrorism a.m. to 5 p.m., Eastern Time, at 1600 needs of children and other vulnerable Preparedness and Response Act of 2002

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(which may be cited as the Agricultural agents and toxins) are those regulated by proposed based on comments received Bioterrorism Protection Act of 2002), (7 HHS under the authority of the to the advance notice of proposed U.S.C. 8401), requires the United States Bioterrorism Response Act and also rulemaking (80 FR 10656) referenced Department of Agriculture (USDA) to regulated by the U.S. Department of above, recommendations from the regulate the possession, use, and Agriculture under the authority of the ISATTAC, information from the DHS transfer of biological agents or toxins Agricultural Bioterrorism Protection Act Material Threat Determinations (DHS– that have the potential to pose a severe of 2002 (7 U.S.C. 8401). MTD) of biological agents and toxins threat to animal or plant health, or The Bioterrorism Response Act (https:// animal or plant products (select agents requires the HHS Secretary to review www.medicalcountermeasures.gov/ and toxins). Accordingly, HHS and and republish the list of select agents phemce/dhs.aspx), and the expertise of USDA have promulgated regulations and toxins on at least a biennial basis. federal agencies and staff responsible for requiring individuals or entities that Using government subject matter the oversight of the possession, use, and possess, use, or transfer select agents experts, HHS/CDC conducts the transfer of select agents and toxins. We and toxins to register with the CDC or biennial review process in consultation are also proposing specific changes to the Animal and Plant Health Inspection with the HHS/CDC Intragovernmental the current regulations, as discussed Service (APHIS). See 42 CFR part 73, 7 Select Agents and Toxins Technical below, addressing biosafety; clarifying CFR part 331, and 9 CFR part 121 (the Advisory Committee (ISATTAC). The regulatory language concerning security, select agent regulations). The Federal ISATTAC is comprised of Federal training, incident response, and records; Select Agent Program (FSAP) is the government employees from CDC, correcting an omission from the collaboration of the CDC, Division of Biomedical Advanced Research and technical amendment (appeal process Select Agents and Toxins (DSAT) and Development Authority (BARDA) for exclusion); and revision of the select the APHIS Agriculture Select Agent within the Office of the Assistant agent list with current taxonomic Services (AgSAS) to administer the Secretary for Preparedness and names. select agent regulations in a manner that Response, the National Institutes of A. Definitions minimizes the administrative burden on Health (NIH), the Food and Drug persons subject to the select agent Administration (FDA), the Department We are proposing to add two new regulations. The FSAP administers the of Homeland Security (DHS), the terms to section 73.1 (Definitions) of the select agent regulations in close Department of Defense (DOD), the regulations. We are proposing to define coordination with the Federal Bureau of USDA/Animal and Plant Health the term ‘‘Inactivation’’ as ‘‘a method to Investigation’s Criminal Justice Inspection Service (APHIS), USDA/ render a select agent non-viable but Information Services Division (CJIS). Agricultural Research Service (ARS), retain characteristic of interest for future The Bioterrorism Response Act also and USDA Center for Veterinary use, or to render any nucleic acids that requires the HHS Secretary to establish Biologics (CVB). Based on the criteria can produce infectious forms of any by regulation a list of biological agents outlined in the Bioterrorism Response select agent virus non-infectious for and toxins that have the potential to Act, the ISATTAC considered the future use.’’ We are also proposing to pose a severe threat to public health and following criteria in their review of the define the term ‘‘Kill curve’’ as ‘‘the safety. In determining whether to HHS and Overlap lists of select agents results of a dose-response experiment include an agent or toxin on the list, the and toxins: The degree of pathogenicity where a select agent is subjected to HHS Secretary considers criteria such as (ability of an organism to cause disease), increasing amounts of the inactivating the effect on human health of exposure communicability (ability to spread from treatment to determine the minimum to an agent or toxin; the degree of infected to susceptible hosts), ease of conditions required to render it non- contagiousness of the agent and the dissemination, route of exposure, viable or to render any nucleic acids methods by which the agent or toxin is environmental stability, ease of that can produce infectious forms of any transferred to humans; the availability production in the laboratory, ability to select agent virus as non-infectious.’’ and effectiveness of pharmacotherapies genetically manipulate or alter, long- The new definitions will help clarify and immunizations to treat and prevent term health effects, acute morbidity proposed regulatory language in section illnesses resulting from an agent or (illness), mortality, available treatment, 73.12 (Biosafety). toxin; and the needs of children and status of host immunity, vulnerability of B. Proposed Changes to the List of Select other vulnerable populations. The special populations, and the burden or Agents current list of HHS select agents and impact on the health care system. toxins can be found at 42 CFR 73.3 On February 27, 2015, HHS/CDC On February 27, 2015, HHS/CDC (HHS select agents and toxins) and 42 published an advance notice of published an advance notice of CFR 73.4 (Overlap select agents and proposed rulemaking (80 FR 10656) in proposed rulemaking (ANPRM) (80 FR toxins). The list of HHS and Overlap which we requested public comment on 10656) in which we requested public select agents and toxins is also available (1) whether there are biological agents comment specifically on whether there at: http://www.selectagents.gov/ or toxins that should be added or are biological agents or toxins that SelectAgentsandToxinsList.html. removed from the HHS list of select should be added or removed from the The HHS Secretary last republished agents and toxins; and (2) whether HHS/ HHS list of select agents and toxins. the list of HHS select agents and toxins CDC should remove the following six In that same docket, HHS/CDC also in the Federal Register on October 5, select agents from the HHS list of select requested public comments as to 2012 (77 FR 61084). The list of HHS agents and toxins: Coxiella burnetti, whether biological agents specifically select agents and toxins is divided into Rickettsia prowazekii, Bacillus listed in the February 27, 2015 ANPRM two sections. The select agents and anthracis Pasteur strain, Brucella should be removed or remain on the list. toxins listed in section 73.3 (HHS select abortus, Brucella melitensis, and The listed agents were Coxiella burnetti, agents and toxins) are those regulated Brucella suis. Rickettsia prowazekii, Bacillus only by HHS under the authority of the anthracis Pasteur strain, Brucella Bioterrorism Response Act (42 U.S.C. III. Summary of Proposed Changes abortus, Brucella melitensis, and 262a). The select agents and toxins The following changes to the list of Brucella suis. We are now proposing listed in section 73.4 (Overlap select HHS select agents and toxins are that these agents be removed from the

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HHS list of select agents based on the threat to public health and safety. We Bacillus anthracis Pasteur Strain (42 twenty-two comments received in are, however, still seeking comment CFR 73.4) response to the February 27, 2015 from those who may believe that C. We received six comments to the ANPRM, recommendations from the burnetii remains a severe threat to February 27, 2015 ANPRM with all ISATTAC, and our review of current public health and safety and commenters agreeing that Bacillus scientific data regarding these biological accordingly should be retained as a HHS anthracis Pasteur strain should not be agents. select agent. included as a select agent based on B. Coxiella burnetii (42 CFR 73.3) Rickettsia prowazekii (42 CFR 73.3) anthracis Pasteur strain lacks the plasmid that encodes the toxin genes In response to the February 27, 2015 In response to the February 27, 2015 causing disease. The B. anthracis Sterne ANPRM, we received 11 comments ANPRM, we received eight comments strain, which lacks the plasmid that concerning Coxiella burnetii. Only two concerning Rickettsia prowazekii. Only encodes for the capsule, was excluded commenters recommended that C. one commenter recommended to retain from the requirements of the regulations burnetii remain on the list because Rickettsia prowazekii because effective on February 27, 2003. ‘‘antibiotic treatment should not be ‘‘antibiotic treatment should not be The ISATTAC recommended the considered for removing the agent.’’ The considered for removing the agent.’’ The removal of B. anthracis Pasteur strain other nine commenters argued that C. other seven commenters supported from the overlap list of select agents and burnetii should not be included as a removal based on the following reasons: toxins because: select agent based on the following • The risk of mass casualties is low • B. anthracis Pasteur strain lacks the assertions: plasmid that encodes the toxin genes • because R. prowazekii can be treated Five commenters stated it is not with a single dose of doxycycline when causing disease (Ref. 6); • easily transmitted from person to symptoms are present; B. anthracis Sterne strain, which person. • lacks the plasmid that encodes for the • Three commenters referenced that Transmissibility from person to person is low due to the fact that R. capsule, was excluded from the even in the absence of antibiotic requirements of the regulations effective treatment, Q fever (the disease with prowazekii is usually transmitted via blood, although it can be spread through on February 27, 2003 (Ref. 7–8); and acute and chronic stages caused by the • Historically, the B. anthracis bacteria C. burnetii) is generally a self- inhalation of louse feces; • Pasteur strain has been retained as a limited flu-like illness with low The agent has poor environmental select agent to allow for continued mortality (Ref. 1). stability; and oversight of laboratories in which the • All commenters acknowledged that • The difficulty in growing and accidental (or intentional) combination most infections are inapparent and most purifying substantial quantities of these of this strain with the Sterne strain seropositive individuals cannot agents in vitro. could occur to produce de novo the wild remember an infection consistent with The ISATTAC recommended the type phenotype B. anthracis. However, Q fever. removal of R. prowazekii from the HHS a recent study indicates that bacterial • Six commenters agreed that list of select agents and toxins because: transformation of B. subtilis with Coxiella is susceptible to a number of • It is treatable with available plasmid DNA is inefficient; indicating readily available antibiotics. Preferred antibiotics (Ref. 4 and 5); that transformation with plasmid pXO1 treatments include tetracycline or • The risk of mass casualties is low into closely related bacteria such as the doxycycline. Quinolones have also been because R. prowazekii can be treated Bacillus anthracis Pasteur strain would used successfully and Co-trimoxazole is with a single dose of doxycycline when also be inefficient (Ref. 9). recommended in specific situations symptoms are present (Ref. 4 and 5); We agreed with the commenters and such as pregnancy. and ISATTAC. We propose to remove B. The ISATTAC recommended the anthracis Pasteur strain because the • Transmissibility from person to removal of C. burnetii from the HHS list transformation of a virulence plasmid person is low due to the fact that R. of select agents and toxins because: from one Bacillus strain to another is prowazekii is usually transmitted via • It has a low mortality rate with difficult. antibiotic treatment and most blood, although it can be spread through seropositive individuals cannot inhalation of louse feces (Ref. 5). Brucella abortus, B. melitensis, and B. remember an infection consistent with We are now proposing to remove R. suis (42 CFR 73.4) Q fever (Ref. 2); and prowazekii from the HHS list of select Responses were received from 16 • A whole-cell killed vaccine (Q-Vax) agents (42 CFR 73.3). As discussed commenters to the February 27, 2015 with nearly 100% efficacy is licensed in above, our proposal is supported by the ANPRM, that addressed the retention of Australia and has been used to comments we received in response to the three Brucella species (B. abortus, B. vaccinate U.S. researchers whom were the February 27, 2015 ANPRM and the melitensis, and B. suis) currently on the at risk (Ref. 3). recommendations of the ISATTAC. Both overlap select agent list. Only two We are now proposing to remove C. the commenters and the ISATTAC commenters recommended to retain burnetii from the HHS list of select supported their recommendations with these species because ‘‘antibiotic agents (42 CFR 73.3). As discussed the scientific references noted above. treatment should not be considered for above, our proposal is supported by We further conclude that, based on removing the agent.’’ The other 14 comments we received in response to recent information provided by DHS– commenters supported removal based the February 27, 2015 ANPRM and the MTD, R. prowazekii does not pose a on the rationale provided in the recommendations of the ISATTAC. Both severe threat to public health and safety. ANPRM. the commenters and the ISATTAC We are, however, still seeking comment The ISATTAC recommended the supported their recommendations with from those who may believe that R. removal of B. abortus, B. melitensis, and the scientific references noted above. prowazekii remains a severe threat to B. suis from the overlap list of select We further conclude that, based on public health and safety and agents and toxins because: recent information provided by DHS– accordingly should be retained as a HHS • B. abortus has a low human MTD, C. burnetii does not pose a severe select agent. mortality rate (Ref. 10);

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• B. abortus, B. melitensis, and B. to be created upon any change in the toxin exclusion provision to require suis are treatable with antibiotics (Ref. procedure or inactivation equipment. In the transferor to document the identity 10); and addition, a validated sterility testing of the recipient and the legitimate need • Human-to-human transmission is protocol to ensure that the inactivation (i.e., prophylactic, protective, bona fide extremely rare, and wildlife carriers in method has rendered a select agent non- research, or other peaceful purpose) the United States often come into viable or regulated nucleic acids that claimed by the transferee. Information contact with humans without significant can produce infectious forms of any required to be documented would also transmission (Ref. 10). select agent virus non-infectious would include the name of the toxin and the We agreed with the commenters and be required to be conducted. total amount transferred. Identity ISATTAC. We propose to remove B. We are also proposing that written information of the person requesting abortus, B. melitensis, and B. suis records be kept for a select agent or and using the toxins would include the because although Brucella has a low extracts that have been subjected to a individual’s name, institution name, infectious dose, it is treated, mortality is procedure to render them non-viable or address, telephone number, and email low, efficacy of treatment is good for all regulated nucleic acids that can produce address. three Brucella strains. infectious forms of any select agent virus that have been subjected to a Toxin Permissible Limits C. Inactivation of a Select Agent procedure to render them non- We are proposing to add specific infectious. In conjunction with this biennial requirements to the biosafety section of We are also soliciting ideas as to review, the FSAP solicited input from the regulations (42 CFR 73.12) to whether there are other methods that biological toxin subject matter experts to address the requirements for rendering should be required to validate the review the listed exclusion limits for a select agent or an nucleic acids that rendering of a select agent non-viable or select toxins in the HHS select agent can produce infectious forms of any regulated nucleic acids that can produce regulations. To assess the amount select agent virus ‘‘non-viable.’’ infectious forms of any select agent necessary to weaponize a biological Sections 73.3 (HHS select agents and virus non-infectious. toxin, DHS developed toxin parameters toxins) and 73.4 (Overlap select agents and attack scenarios for potential and toxins) both provide that a ‘‘non- D. Toxins inhalation and ingestion exposures to viable’’ select agent is excluded from the Due Diligence select toxins. DHS used the formulas described below to estimate ingestion requirements of the select agent Section 73.3(d)(3) of the select agent scenarios while employing the ‘‘NIST regulations. We are proposing that for regulations (42 CFR 73.(d)(3))specifies an agent to be ‘‘non-viable,’’ or to render the select toxin amounts under the CONTAM Multizone Modeling’’ a nucleic acids that can produce control of a principal investigator, software (http://www.bfrl.nist.gov/ infectious forms of any select agent treating physician or veterinarian, or IAQanalysis/) for inhalation scenarios. virus non-infectious for future use, an commercial manufacturer or distributor To estimate the amount of toxin for each entity must use a validated method. A that are excluded from the requirements scenario, DHS analyzed a range of validated method means that the of the select agent regulations. However, release sizes (in mg) for each biological method must be scientifically sound this exclusion applies to the transfer of toxin in order to estimate the number of such that method will produce select toxins ‘‘only after the transferor people that would be exposed to LD–50 consistent results each time the method uses due diligence and documents that (lethal dose, 50% or median lethal dose, is used. As outlined in our guidance for the recipient has a legitimate need . . . the amount of the substance required ‘‘Non-viable Select Agents and to handle or use such toxins’’ (42 CFR (usually per body weight) to kill 50% of Nonfunctional Select Toxins and 73.3(d)(3)(i)). This provision was added the test population); or TD–50 (the Rendering Samples Free of Select to the select agent regulations to address median toxic dose of a toxin is the dose Agents and Toxins’’ (http:// the concern that someone might be able at which toxicity occurs in 50% of www.selectagents.gov/guidance- to covertly stockpile toxins by receiving cases) levels of each toxin amount by nonviable.html), an inactivation multiple orders below the excluded ingestion of milk (using published TD– procedure may include (1) use of the amount. The toxin ‘‘due diligence’’ 50 or LD–50) and/or indoor inhalation exact conditions of an accepted method provision requires a person transferring (using published LD–50). The inhalation that has been validated, such as toxins in amounts which would models analyzed toxin releases in three autoclaving, (2) a published method otherwise be excluded from the different indoor public facilities that with adherence to the exact published provisions to: (1) Use due diligence to experience heavy commuter volume conditions, or (3) for in-house methods, assure that the recipient has a legitimate (population details for these facilities validation testing should include the need to handle or use such toxins; and are given in Table 1). One hundred specific conditions used and (2) report to the FSAP if they detect a scenarios were generated for each appropriate controls. known or suspected violation of Federal facility using 1–10mm particle sizes. The As part of the inactivation procedure, law or become aware of suspicious models used 10 random locations an entity would be required to develop activity related to the toxin. within each facility (potential release a site specific kill curve to identify ‘‘Due diligence’’ is generally locations and population evenly spaced conditions of inactivation for each select understood to be such a measure of throughout occupied area) at 10 random agent or regulated nucleic acids that can prudence, activity, or assiduity, as is times. The inhalation models assumed: produce infectious forms of any select properly to be expected from, and • No immediate symptoms, so no agent virus. If there are strain-to-strain ordinarily exercised by, a reasonable changes in population movement due to variations in resistance of a select agent and prudent person under the particular attack to the inactivation procedure, then a circumstances; not measured by any • specific kill curve would be required to absolute standard, but depending on the Respiration rate 10L/min be developed for each strain that relative facts of the specific case. • All people assumed to have the undergoes the inactivation procedure. A We are proposing to add a more same mass = 70 kg (e.g., did not account new kill curve would also be required specific documentation requirement to for lower doses required for children)

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TABLE 1—SUMMARY OF FACILITY POPULATION AND RESIDENCE TIMES

Simulation 2008 Annual Simulation transient Facility passenger transient average traffic hourly residence time (people) population (minutes)

High throughput transportation facilities ...... 255,500,000 43,750 10 High throughput transportation facilities ...... 219,000,000 37,500 15 High throughput transportation facilities ...... 64,300,000 11,005 60

The ingestion models investigated equals the number of grams of toxin have the potential to pose a severe biological toxins introduced into a fluid available divided by the toxin threat to public health and safety or (e.g., milk) that was purchased and concentration). For example, for a 1 g whether these two toxins should be consumed by consumers over a two day attack, with a toxin that has an LD–50 removed from the select toxin list given period. Production details and specifics of 1mg/kg, the volume of milk the high exclusion limit for DAS and T– of how the toxins were introduced were contaminated would be 1000 mg/(0.056 2. not considered. In particular, the largest mg/mL*1000 mL/L) = 18 L of milk. Proposed Removal of Select Toxins scenarios involve contaminating greater • For small attack sizes, it is assumed than ten million servings, which was the attacker would target appropriately- Short, Paralytic Alpha-Conotoxins determined to be implausible in sized small holding tanks or containers, We are proposing short, paralytic practice. The ingestion models made the while for large attack sizes, the attacker alpha-conotoxins containing the following assumptions: would target large holding tanks or following amino acid sequence • Milk containing specified quantity silos. • (X1CCX2PACGX3X4X5X6CX7) be of active toxin (1 mg to 1 kg) reaches If the toxin is degraded due to removed as a select toxin for the store shelves. pasteurization or storage, the amount of following reasons: • Milk is consumed over six days at toxin introduced pre-processing would • The DHS model reported LD–50 a uniform rate. have to be correspondingly larger than value for inhalation delivery of alpha- • Contaminated milk is consumed these masses. conotoxin is 20 mg/kg, which is a low daily until supply is depleted or a Proposed Increase of Regulatory toxicity compared to other select toxins; health advisory is issued. • • Milk contamination discovered and Exclusion Limits A regulatory exclusion limit of health advisory issued a minimum of Based on the data generated by the 10,000 mg would require the depletion one day, and a maximum of >1 week models described above, we are of the cone snail population to achieve post attack (at which point all proposing the following exclusion limits this quantity. contaminated milk has been consumed). based on the amounts estimated to Therefore, based on the low toxicity • For toxins other than saxitoxin and expose less than 10 people by inhalation of short, paralytic alpha-conotoxins and tetrodotoxin, the attacker chooses a or less than 100 people by ingestion to the high dosage required for inhalation toxin concentration such that a person the LD–50 or TD–50 levels of toxin: exposure, we are proposing that the in the 45+ years old age group will • Increase the regulatory exclusion alpha-conotoxin be removed from the consume 1 LD–50 (or TD–50) over 6 day limit of Botulinum neurotoxin (BoNT) select toxin list (Ref. 32). consumption period. from 0.5 mg to 1 mg; Toxins: Exclusion of Original Food • Since saxitoxin and tetrodotoxin are • Increase the regulatory exclusion Samples and Clinical Samples largely excreted in approximately one limit of Staphylococcal enterotoxins day after consumption, the attacker from 5 mg to 100 mg; Original food samples and clinical chooses a saxitoxin or tetrodotoxin • Increase the regulatory exclusion samples are those specimens that are concentration such that a person in the limit of saxitoxin from 100 mg to 500 submitted to laboratories for diagnosis 45+ years old age group will consume mg; or verification purposes to identify or 1 LD–50 (or TD–50) over a one day • Increase the regulatory exclusion verify a biological agent or toxin. For consumption period. limit of tetrodotoxin from 100 mg to 500 example, an original food sample could • Total volume of milk contaminated mg; be a container of potato salad or juice. equals the number of grams of toxin • Increase the regulatory exclusion An original clinical sample could be available divided by the toxin limit of abrin from 100 mg to 1,000 mg; serum or stool from a patient. concentration (i.e., total volume of milk • Increase the regulatory exclusion Laboratories that test food sample and contaminated depends on the mass of limit of ricin from 100 mg to 1,000 mg; clinical samples for the presence of toxin assumed to be available (which and toxins generally do not know the level varies from 1 mg to 1 kg) and the toxin • Increase the regulatory exclusion of toxin in a sample and do not extract ingestion LD–50 (or TD–50)). limit of DAS from 1,000 mg to 10,000 and purify a toxin as part of their • If the toxin ingestion LD–50 (or TD– mg. studies. Therefore, we are proposing to 50) is given by a range, the geometric • Increase the regulatory exclusion exclude the original food sample or mean of this range is used. limit of T–2 from 1,000 mg to 10,000 clinical sample identified to contain an • Range of total volumes of milk mg. HHS select toxin to be consistent with contaminated is less than 1 L to We are, however, still seeking the rationale for the current exclusion approximately 108 L. comment from those who may believe for animals exposed to toxins (42 CFR • The amount of milk contaminated that we should retain the current 73.3(d)(4)). The proposed exclusion is is assumed to depend on how much exclusion limits. In addition, we are based upon input from biological toxin toxin the attacker has available (i.e., the interested in receiving comments from subject matter experts and our total volume of milk contaminated the public on whether DAS and T–2 determination that quantifying the

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amount of toxin in these samples is toxin and meet all applicable select enterotoxin (Subtypes A–E)), or within problematic because (1) the amount of agent and toxin regulatory requirements. thirty calendar days after identification toxin is highly variable, which would of Botulinum neurotoxin and/or E. Exemptions for Select Agents and require large amounts of food and Toxins Staphylococcal enterotoxin (Subtypes clinical samples to quantify or purify, A–E), the select agent or toxin is (2) laboratory procedures to extract Informing Specimen Provider transferred in accordance with § 73.16 toxin from samples are inefficient with Since a registered or certified or destroyed on-site by a recognized most extractions producing low yields; reference laboratory typically confirms sterilization or inactivation process,’’ (3) the resources that would be required the identification of a select agent or Patient Care to quantify toxins in clinical samples toxin for public health and agriculture, and food samples make sample clinical and diagnostic laboratories, we To clarify how the select agent quantification prohibitively expensive; are proposing to require the registered and (4) procedures in these laboratories, regulations apply to activities associated or certified reference laboratory inform based on the requirements of their with the diagnosis and care for the specimen provider of the public health mission, are designed only individuals infected with a select agent identification. This will ensure that the for toxin detection and not for or exposure to a select toxin, we are reference laboratory notifies the purification and quantification. proposing to add provisions that HHS/ specimen provider of the identification Therefore, we are interested in CDC will not regulate material of the select agent or toxin so that the comments regarding our rationale that containing a select agent or toxin when specimen provider is aware that they are the original food sample or clinical it is in a patient care setting and is not sample identified to contain an HHS in possession of the agent or toxin and being otherwise collected, tested or select toxin should be excluded from must meet the requirements outlined in retained for non-patient care purposes. the select agent regulation. 42 CFR 73.5, 73.6. However, once delivery of patient care Identification of Toxin for an illness associated with a select Exclusion of Toxin Produced as a agent or toxin has concluded these Byproduct Once a clinical or diagnostic specimens would become subject to the laboratory has identified a select toxin- Laboratories that are only registered regulatory requirements. An entity positive specimen, an APHIS/CDC Form for BoNT-producing species of unable to meet all of the regulatory 4 (Report of the Identification of a Select Clostridium do not normally have a requirements necessary to retain the need to account for BoNT produced Agent or Toxin) must be submitted to the FSAP. The select agent regulations material will then have the option of during the culturing of Clostridium transferring the material containing the since studying the toxin is not part of currently require the laboratory to transfer or destroy the material within select agent or toxin in accord with the their work objective. Therefore, we select agent regulations or destroying propose to exclude toxins that are seven days of identification (42 CFR 73.5(a), 73.6(a)) because we determined the materials within seven calendar produced only as a byproduct to a study days of the conclusion of patient care. of the toxin producing host organism so through input from technical experts long as the toxin has not been that the seven calendar days provides a We also are proposing to clarify that intentionally collected, purified, or sufficient amount of time for the entity FSAP does not regulate waste generated otherwise extracted, and the material to destroy or transfer the select agents or during the delivery of patient care. toxins after identification. In the past, containing the toxin is inactivated and F. Registration properly disposed of within 30 days of we have received comments that argued the initiation of the culture. The 30 day that the seven day requirement for We are codifying in regulations the disposal time was recommended by transferring or destroying select agents current FSAP policy that an entity is biological toxin subject matter experts or toxins used for diagnosis or testing is required to meet all of the regulatory based on the time it would take to grow too short a time limit. Therefore, we are requirements for those select agents and the organism and perform the extraction seeking comments to determine if seven toxins listed on the entity’s registration process. This exclusion allows calendar days provides a sufficient regardless of whether the select agent or laboratories whose purpose does not amount of time for the entity to destroy toxin is in the actual possession of the or transfer the select agents or toxins include purification of the toxin to more entity; and without regard to the actual after identification. effectively conduct outbreak amounts of toxins in the possession of In addition, we are seeking comments investigations, food studies, and the entity. molecular characterization of agents to extend the exemption time period to which produce toxin. In the case of 30 days for BoNT and Staphylococcal G. Responsible Official (RO) BoNT, these laboratories would still be enterotoxin (Subtypes A–E) to allow regulated for the BoNT-producing clinical and diagnostic laboratories Section 73.9(a)(6) of the select agent species of Clostridium and in the case sufficient time to complete their regulations currently states that the of all other HHS select toxins the investigations without having to transfer Responsible Official must ensure that an laboratories would be regulated if they or destroy the sample. Laboratories annual inspection is conducted for each wished to keep the material containing would still be required to report the laboratory where select agents and toxins for longer than 30 days from the identification of BoNT immediately and toxins are stored or used. This initiation of culture of the toxin Staphylococcal enterotoxin (Subtypes requirement also provides that the producing host organism. If at any time A–E) within seven days. We are results of each inspection must be an entity manipulated the material that proposing to amend the language in 42 documented, and any deficiencies contains the select toxin, such as CFR 73.5(a), and 42 CFR 73.6(a)to read: identified during an inspection must be intentional collection, purification or ‘‘Unless directed otherwise by the HHS corrected. We are adding a requirement extraction of the toxin from culture Secretary, within seven calendar days that the Responsible Official must also supernatant, such activities would void after identification of the select agent document the corrective actions taken this exemption, and the entity would be and toxin (except for Botulinum by the entity to address any identified required to be registered for the select neurotoxin and/or Staphylococcal deficiencies.

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HHS or USDA Office of the Inspector • An incident response plan that I provides guidelines for work with General Hotline provides for measures that the registered toxins of biological origin, we have In response to a recommendation in entity will implement in the event of removed the reference to the OSHA the December 2014 Federal Experts theft, loss, or release of a select agent or regulations in 29 CFR 1910.1200 and Security Advisory Panel report, we are toxin; inventory discrepancies; security 1910.1450. It should be noted that breaches (including information regulated entities must still meet the adding a requirement that the systems); severe weather and other OSHA regulatory requirements where Responsible Official must ensure that natural disasters; workplace violence; applicable. individuals are provided the contact bomb threats and suspicious packages; In addition, we want to ensure that information of the HHS or USDA Office and emergencies such as fire, gas leak, laboratory personnel that are working of Inspector General Hotline so that explosion, power outage, etc. The with select agents and toxins are aware individuals are able to anonymously response procedures must account for of the risks associated with these agents. report a safety or security concern hazards associated with the select agent As such, we are proposing to add a related to select agents and toxins. In its or toxin and appropriate actions to requirement that a laboratory-specific December 2014 report, the Federal contain such agent or toxin. (42 CFR biosafety manual must be accessible to Experts Security Advisory Panel 73.14) individuals. This is consistent with recommended adding a specific Drills or exercises must be conducted guidance provided by the CDC/NIH requirement to include how individuals at least annually to test and evaluate the publication, Biosafety in Microbiological are informed so that they can access the effectiveness of the plans. The plans and Biomedical Laboratories. This HHS or USDA Office of Inspector must be reviewed and revised, as requirement is proposed to foster an General Hotline to anonymously report necessary, after any drill or exercise and enhanced culture of responsibility by a safety or security concern. after any incident. We are proposing to ensuring that appropriate biosafety H. Visitor Access to Select Agents and require that these drills or exercises be resources are available to all staff with Toxins documented to include how the drill or access to select agents and toxins within exercise tested and evaluated the plan, a select agent laboratory. Section 73.10(e) of the select agent any problems identified and corrective The current regulations require that regulations currently provides that a actions that were taken, and the names the biosafety plan be written using person with a valid approval from the of the individuals who participated in performance standards. In the aftermath HHS Secretary or APHIS Administrator the drill or exercise. This will provide of recent biosafety incidents involving to have access to select agents and a more thorough accounting of required select agents, we are proposing that the toxins may request, through his or her activities via testing and entity-directed biosafety plan should be designed Responsible Official, that the HHS improvements. according to a site-specific risk Secretary or APHIS Administrator Similar to the existing requirement for assessment in accordance with the risk provide their approved access status to the security plan, we are also proposing of a select agent, given its intended use another registered individual or entity to add a requirement that the biosafety by adding specific provisions to the for a specified period of time. This and incident response plans be biosafety section that would require a allows a scientist registered to work submitted for initial registration, written risk assessment for each with a select agent at a registered entity renewal of registration, or when registered select agent or toxin; written to work with the select agent at another requested by FSAP. safety procedures to protect entity registered entity. To ensure that the Biosafety personnel, the public, and the Responsible Official of the entity environment from exposure to the select hosting the visitor is aware if a visiting We are proposing to amend the agent or toxin; written decontamination individual loses approval for access to regulatory language in section 73.12 to procedures; and written waste select agents and toxins, we are update the name change of the National management procedures. proposing to add a requirement that the Institutes of Health (NIH) Guidelines for The FSAP would also like to solicit Responsible Official at the home entity Research Involving Recombinant or ideas regarding any specific biosafety must immediately notify the Synthetic Nucleic Acid Molecules (Ref. measures that should be required to Responsible Official of the visiting 31). prevent LAIs or accidental or entity if the person’s access to select Prior to the publication of the 5th intentional release of the select agents agents or toxins has been terminated. edition of CDC/NIH Biosafety in and toxins from an entity into the Microbiological and Biomedical community. I. Security, Biosafety, and Incident Laboratories (Ref. 3), the Occupational Response Plans Safety and Health Administration Security The select agent regulations require a (OSHA) regulations in 29 CFR We are proposing to amend the registered entity to develop and 1910.1200 and 1910.1450 provided requirement that the security plan implement a number of plans in order specific requirements for handling contain a description of how the entity to ensure the safety and security of the hazardous chemicals in the laboratories. authorizes the means of entry into areas select agents they handle. These are: This regulation also provided where select agents or toxins are stored • A security plan that provides for recommendations for safely working or used, to include a requirement that measures sufficient to safeguard the with chemical including toxins and the security plan must include a select agent or toxin against gave non-mandatory recommendations description of centralized access control unauthorized access, theft, loss, or for prudent practices in laboratories management systems (e.g., keycards) release (42 CFR 73.11); handling chemical hazards. As such, we and/or key management (mechanical • A biosafety plan that provides for included this reference for entities to keys). measures sufficient to contain the select consider when developing biosafety Paragraphs (d)(7)(i) through (d)(7)(v) agent or toxin (e.g., physical structure plans for those facilities working with of section 11 of the select agent and features of the entity, and toxins. Since the current edition of the regulations encompass a list of events operational and procedural safeguards) CDC/NIH Biosafety in Microbiological that individuals with access approval (42 CFR 73.12); and and Biomedical Laboratories Appendix from the APHIS Administrator or the

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HHS Secretary must immediately report long-term storage to include the V. Required Regulatory Analyses to the Responsible Official. We are quantity (i.e., number of vials) of select A. Executive Orders 12866 and 13563 proposing to add a new requirement agent destroyed, the date of such action, that the Responsible Official must be and by whom. Under Executive Order 12866 (EO 12866), Regulatory Planning and Review notified of any loss of computer, hard Section 73.17 of the select agent drive, or other data storage device (58 FR 51735, October 4, 1993) HHS/ regulations currently states that records containing information that could be CDC is required to determine whether and databases need to be accurate. To used to gain access to select agents or this regulatory action would be toxins. We believe that such notification ensure that handwritten records are ‘‘significant’’ and therefore subject to will facilitate notification of the Federal accurate, we are proposing to clarify review by the Office of Management and Bureau of Investigation if deemed that hand-written record must be legible Budget (OMB) and the requirements of necessary by the Responsible Official as (i.e., capable of being read). the Executive Orders. This order defines the loss of such equipment may be We are proposing to expand the scope ‘‘significant regulatory action’’ as any criminal in nature. of records required to be maintained to regulatory action that is likely to result in a rule that may: J. Training include any records that contain information related to the requirements • Have an annual effect on the We are proposing to amend section 15 of the regulations. Such records may economy of $100 million or more or of the select agent regulations which include, but would not limited to, adversely affect in a material way the concerns the provision of training for biocontainment certifications, economy, a sector of the economy, staff and visitors who work in or visit laboratory notebooks, institutional productivity, competition, jobs, the areas where select agents or toxins are biosafety and/or animal use committee environment, public health or safety, or handled or stored. Since individuals minutes and approved protocols, and state, local, or tribal governments or need to understand hazards associated records associated with occupational communities; with the select agents and toxins that • Create a serious inconsistency or health and suitability programs. We they will be working with in the otherwise interfere with an action taken propose revision to the regulations will laboratory or are in the area they will be or planned by another agency; visiting, we are proposing to require that enhance the ability of FSAP to evaluate • Materially alter the budgetary all individuals who have received biosafety, security, and incident impact of entitlements, grants, user fees, approval to have access to select agents response programs and includes any or loan programs or the rights and and toxins have training that address record created under sections 73.5, 73.7, obligations of recipients; or, the particular needs of the individual 73.9, 73.11, 73.12, 73.14, 73.15, 73.16, • Raise novel legal or policy issues and the risks posed by the select agent 73.17, and 73.19 of the select agent arising out of legal mandates, the or toxin regardless of whether they have regulations. President’s priorities, or the principles access to the select agents or toxins. The Records for Long-term Storage set forth in EO 12866. training would have to be completed Executive Order 13563 (EO 13563), within 12 months of that individual’s The FSAP continues to receive Improving Regulation and Regulatory anniversary of receiving access approval comments that are critical of that Review, (76 FR 3821, January 21, 2011), or prior to his or her entry into an area portion of the select agent regulations updates some of the provisions of EO where any select agents and toxins are that require a registered entity to 12866 in order to promote more used or stored, whichever occurs first. maintain ‘‘an accurate, current streamlined regulatory actions. This EO This change is necessary in order to inventory for each select agent . . . held charges, in part, that, while protecting codify our policy regarding which in long term storage.’’ The comments ‘‘public health, welfare, safety, and our individuals at registered entities are typically focus on the belief that a environment’’ that regulations must also required to receive training. container based inventory requirement ‘‘promote predictability and reduce We are also proposing to add a new is not useful to track inventory of uncertainty’’ in order to promote paragraph (e) to section 15, which biological agents of which small economic growth. Further, regulations would require the entity’s Responsible amounts of samples from the container must be written in plain language and Official to provide contact information could be stolen without detection and be easy to understand. HHS/CDC has determined that this for the USDA or HHS Office of the used to grow larger quantities. In the NPRM is a significant regulatory action Inspector General Hotline. Details of the Public Health Security and Bioterrorism as defined in EO 12866. However, the proposed addition may be found under Preparedness and Response Act of 2002, the heading ‘‘Responsible Official.’’ Office of Management and Budget has Congress requires the Secretaries of waived their review of the document. K. Records Health and Human Services and Based on inspections of registered Agriculture to include in the select B. The Regulatory Flexibility Act (RFA), entities, we observed that entities are agent regulations a requirement for ‘‘the as Amended by the Small Business maintaining records of the destruction prompt notification of the Secretary, Regulatory Enforcement Fairness Act of select agents even though section and appropriate Federal, State, and local (SBREFA) 73.17 of the select agent regulations law enforcement agencies, of the theft or We have examined the impacts of the currently does not include a loss of listed agents and toxins.’’ HHS/ proposed rule under the Regulatory requirement for documenting when a CDC is soliciting ideas on any Flexibility Act (5 U.S.C. 601–612). select agent is destroyed. To ensure the alternative regulatory requirement that Unless we certify that the proposed rule proper tracking of a select agent from could be constructed such that a is not expected to have a significant acquisition to destruction and to registered entity would know whether it economic impact on a substantial incorporate into the regulations what had a theft or loss of a select agent or number of small entities, the Regulatory entities are currently doing, we are toxin without that registered entity first Flexibility Act (RFA), as amended by proposing to add the requirement for having ‘‘an accurate, current inventory the Small Business Regulatory records to be created and maintained for for each select agent . . . held in long Enforcement Fairness Act (SBREFA), the destruction of a select agent held in term storage.’’ requires agencies to analyze regulatory

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options that would minimize any F. Plain Language Act of 2010 15. C.J. Malizio, M.C. Goodnough, and E.A. Johnson. Purification of Clostridium significant economic impact of a rule on Under the Plain Language Act of 2010 small entities. We certify that this botulinum Type A Neurotoxin, in Bacterial (P.L. 111–274, October 13, 2010), Toxins: Methods and Protocols, O. Holst, proposed rule will not have a significant executive Departments and Agencies are Editor. 2000, Humana Press Inc.: Totowa, NJ. economic impact on a substantial required to use plain language in 16. S. Sugii and G. Sakaguchi Molecular number of small entities within the documents that explain to the public Construction of Clostridium-Botulinum meaning of the RFA. how to comply with a requirement the Type-a Toxins. Infection and Immunity, This regulatory action is not a major Federal Government administers or 1975. 12(6): 1262–1270. 17. R. Wannernacher and B. Anderson. rule as defined by Sec. 804 of the Small enforces. HHS/CDC has attempted to Inhalation Ricin: Aerosol Procedures, Animal Business Regulatory Enforcement use plain language in promulgating this Toxicology, and Therapy, Inhalation Fairness Act of 1996. This proposed rule rule consistent with the Federal Plain Toxicology 2nd edition, 2006: 973—982. will not result in an annual effect on the Writing Act guidelines. 18. S. George. DHS Science and economy of $100,000,000 or more; a Technology Directorate Chemical-Biological VI. References major increase in cost or prices; or Defense Division (CBD), Biothreat Agent significant adverse effects on 1. M. Maurin and D. Raoult. Q fever. Clin Factbook, August 2010. competition, employment, investment, Microbiol Rev. Oct. 1999;12(4):518–53. 19. Department of Defense, Office of the 2. R. Eibach, F. Bothe, M. Runge, S. F. Surgeon General, US Army, Borden Institute. productivity, innovation, or on the Medical Aspects of Biological Warfare. 2007. ability of United States-based Fischer, W. Philipp, and M. Ganter. Q fever: baseline monitoring of a sheep and a goat 672. companies to compete with foreign- flock associated with human infections. 20. D.R. Franz and N.K. Jaax. Ricin Toxin, based companies in domestic and Epidemiol Infect. Nov. 2012 140(11): 1939– in Medical Aspects of Chemical and export markets. 1949. Biological Warfare, F.R. Sidell, E.T. Takafuji, 3. D.M. Waag. Coxiella burnetii: Host and and D.R. Franz, Editors. 1997, Office of The C. Paperwork Reduction Act of 1995 bacterial responses to infection. Vaccine. Oct. Surgeon General at TMM Publications: Washington, D.C. 631–642. In accordance with section 3507(d) of 2007; 25 (42): 7288–7295. 4. C. Rovery and D. Raoult. Meditteranean 21. R.W. Wannemacher and J.B. Anderson. the Paperwork Reduction Act of 1995 Spotted Fever. Infect Dis Clin N Am. Sept Inhalation Ricin: Aerosol Procedures, Animal (44 U.S.C. 3501 et seq.), HHS/CDC has 2008. 22:515–530. Toxicology, and Therapy. Inhalation determined that the Paperwork 5. D.H. Walker. Rickettsiae and rickettsial Toxicology, 2007. 19(10): 873–887. 22. F.E. Ahmed. Seafood Safety. 1991, Reduction Act does apply to infections: the current state of knowledge. Institute of Medicine. Committee on information collection and Clin Infect Dis. 2007 Jul 15. 45 Suppl 1:S39– Evaluation of the Safety of Fishery Products: 44. recordkeeping requirements included in National Academy Press. 6. B.E. Ivins, J.W. Ezzell, J. Jemski, K.W. this rule. We note that the information 23. A. Alfonso, M.C. Louzao, M.R. Vieytes, collection and recordkeeping Hedlund, J.D. Ristroph, and S.H. Leppla. and L.M. Botana. Comparative-Study of the requirements are already approved by Immunization Studies with Attenuated Stability of Saxitoxin and Neosaxitoxin in Strains of Bacillus anthracis. Infection and the Office of Management and Budget Acidic Solutions and Lyophilized Samples. Immunity. May 1986; 52(2):454–458. Toxicon, 1994. 32(12): 1593–1598. (OMB) under OMB Control Number 7. Centers for Disease Control and 0920–0576. 24. L.M. Botana, ed. Seafood and Prevention, National Center for Emerging and Freshwater Toxins, Pharmacology, D. EO 12988: Civil Justice Reform Zoonotic Infectious Diseases ‘‘Anthrax Sterne Physiology and Detection. CRC Press: Boca strain (34F2) of Bacillus anthracis,’’ http:// Raton, FL. www.cdc.gov/nczved/divisions/dfbmd/ This rule has been reviewed under _ 25. V.M. Bricelj and SW. Shumway. E.O. 12988, Civil Justice Reform. Once diseases/anthrax sterne/. Paralytic shellfish toxins in bivalve molluscs: 8. Federal Select Agent Program, ‘‘Select the final rule is in effect, HHS/CDC occurence, transfer kinetics, and Agents and Toxins Exclusions,’’ http:// biotransformation. Reviews in Fisheries notes that: (1) All State and local laws www.selectagents.gov/ and regulations that are inconsistent Science, 1998. 6(4): 315–383. SelectAgentsandToxinsExclusions.html. 26. W.D. Burrows and S.E. Renner. with this rule will be preempted; (2) No 9. C. Johnston, B. Martin, G. Fichant, P. Biological warfare agents as threats to potable retroactive effect will be given to this Polard, and J.P. Claverys. Bacterial water. Environmental Health Perspectives, rule; and (3) Administrative proceedings transformation: distribution, shared 1999. 107(12): 975–984. will not be required before parties may mechanisms and divergent control. Nature 27. J. Patockaa and L. Stredab, Brief review file suit in court challenging this rule. Rev. Microbiol. 2014; 12: 181–196. of natural nonprotein neurotoxins. ASA 10. C. Lecaroz, M.J. Blanco-Prieto, M.A. Newsletter, 2002. 89(16). E. EO 13132: Federalism Burrell. Intracellular killing of Brucella 28. C.E. Whalley. Toxins of Biological melitensis in human macrophages with Origin, in CRDEC–SP–0211990: Aberdeen HHS/CDC has reviewed this proposed microsphere-encapsulated gentamicin. J Proving Ground, Maryland. rule in accordance with Executive Order Antimicrob Chemother. 2006 Sep. 58(3): 29. S.A. Morse, R.A. Mah, and W.J. 13132 regarding Federalism, and has 549–56. Dobrogosz, Regulation of staphylococcal determined that it does not have 11. Biodefense Modeling Parameters enterotoxin B. J Bacteriol, 1969. 98(1): 4–9. ‘‘federalism implications.’’ The rule Review Workshop, 2013: Ventura, California. 30. H.D. Raj and M.S. Bergdoll, Effect of does not ‘‘have substantial direct effects 12. E.A.E. Garber. Effects of Pasteurization Enterotoxin B on Human Volunteers. Journal on Detection and Toxicity of the Beans from on the States, on the relationship of Bacteriology, 1969. 98(2): 833–834. Abrus precatorius, in Intentional and 31. U.S. Department of Health and Human between the national government and Unintentional Contaminants in Food and Services, National Institutes of Health. the States, or on the distribution of Feed. 2009, American Chemical Society. (2013). NIH Guidelines for Research power and responsibilities among the 143–151. Involving Recombinant Or Synthetic Nucleic various levels of government.’’ 13. E.A.E. Garber. Toxicity and detection of Acid Molecules (NIH Guidelines). Available In accordance with section 361(e) of ricin and abrin in beverages. Journal of Food at: http://osp.od.nih.gov/sites/default/files/ Protection, 2008. 71(9): 1875–1883. _ the PHSA [42 U.S.C. 264(e)], nothing in NIH Guidelines.html. 14. C. Millard. Final Recommendations to 32. P. Thapa, M.J. Espiritu, C.C. Cabalteja, this rule would supersede any the CDC Select Agent Inter-Agency and J.P. Bingham. Conotoxins and their provisions of State or local law except Workgroup from the Chairman of the regulatory considerations. Regulatory and to the extent that such a provision Subcommittee on Toxins, Memorandum for Toxicology and Pharmacology, July 2014. 70: conflicts with this rule. Record, 2002. 197–202.

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List of Subjects in 42 CFR Part 73 Lassa fever virus of any select agent viruses to a validated Biologics, Packaging and containers, Lujo virus sterility testing protocol to ensure that Penalties, Reporting and recordkeeping Marburg virus* the inactivation method has rendered requirements, Transportation. Monkeypox virus the select agent non-viable or regulated Reconstructed replication competent nucleic acids non-infectious. For the reasons discussed in the forms of the 1918 pandemic influenza (D) Any viability of a select agent or preamble, we propose to amend 42 CFR A virus containing any portion of the infectivity of regulated nucleic acids part 73 as follows: coding regions of all eight gene that can produce infectious forms of any PART 73—SELECT AGENTS AND segments (Reconstructed 1918 select agent virus that was subjected to TOXINS influenza A virus) a validated inactivation protocol is Ricin reported to APHIS or CDC. ■ 1. The authority citation for part 73 SARS coronavirus (SARS-CoV) (E) Reviews annually, and revises as continues to read as follows: Saxitoxin necessary, the following: (1) The kill curve procedure and Authority: 42 U.S.C. 262a; sections 201– South American hemorrhagic fever viruses: results; 2014, 221 and 231 of Title II of Public Law (2) Site-specific standard operating 107–188, 116 Stat 637 (42 U.S.C. 262a). Chapare procedures to ensure that select agents ■ Guanarito 2. Section 73.1 is amended by adding or regulated nucleic acids that can in alphabetical order, definitions of Junin Machupo produce infectious forms of any select inactivation and kill curve to read as set agent virus are inactivated by a safety forth below. Sabia Staphylococcal enterotoxins (subtypes margin; and § 73.1 Definitions. A–E) (3) The validated sterility testing protocol used to ensure that the * * * * * T–2 toxin inactivation method has rendered a Inactivation means a method to Tetrodotoxin select agent non-viable or regulated render a select agent non-viable but Tick-borne encephalitis virus nucleic acids that can produce retain characteristic of interest for future Far Eastern subtype infectious forms of any select agent use, or to render any nucleic acids that Siberian subtype Kyasanur Forest disease virus virus sample non-infectious. can produce infectious forms of any (F) Reviews, and revises as necessary, select agent virus non-infectious for Omsk haemorrhagic fever virus Variola major virus (Smallpox virus) * documents listed in paragraph future use. (d)(2)(i)(E) of this section after any * * * * * Variola minor virus (Alastrim) * Yersinia pestis* change in principal investigator, change Kill curve means the results of a dose- in protocol, or any reported viability of response experiment where a select * * * * * a select agent or infectivity of regulated agent is subjected to increasing amounts (d)* * * nucleic acids that can produce of the inactivating treatment to (2) Non-viable HHS select agents or infectious forms of any select agent determine the minimum conditions nonfunctional HHS toxins. viruses previously assessed as inactive. required to render it non-viable or to (i) Unless waived by the HHS (ii) Unless waived by the HHS render any nucleic acids that can Secretary, a select agent or regulated Secretary, an extract from a select agent produce infectious forms of any select nucleic acids that can produce is not excluded from the requirements agent virus as non-infectious. infectious forms of any select agent of this part until an individual or entity * * * * * virus that has been subjected to a meets the following requirements: ■ 3. Section 73.3 is amended as follows: validated inactivation process to remove (A) Any extract is subjected to a ■ a. By revising paragraph (b). viability or infectious form (i.e., the process that removes all viable cells, ■ b. By adding new paragraphs (d)(2)(i), ability to reproduce or produce disease, spores, or virus particles. (ii), and (iii). while maintaining cellular structure) is (B) Any extract is subjected to a ■ c. By revising paragraphs (d)(3) not excluded from the requirements of validated sterility testing protocol to introductory text and (d)(3)(i). this part until an individual or entity: ensure that the inactivation method has ■ d. By redesignating paragraph (d)(5) as (A) Develops a site-specific kill curve rendered the extract free of a select paragraph (d)(7). to define conditions of inactivation for agent. ■ e. By adding new paragraphs (d)(5), each select agent or regulated nucleic (C) Any viability of an extract that (d)(6), and (d)(8). acids that can produce infectious forms was subjected to a validated inactivation ■ f. By adding paragraph (e)(3) to read of any select agent virus. If there are protocol is reported to the Responsible as set forth below. strain-to-strain variations in resistance Official. The additions and revisions read as of a select agent to the inactivation (D) Any viability of a select agent or follows: procedure, then a specific kill curve infectivity of regulated nucleic acids must be developed for each strain that that can produce infectious forms of any § 73.3 HHS select agents and toxins. undergoes the inactivation procedure. A select agent virus that was previously * * * * * new kill curve must be created upon assessed as inactive by their validated (b) HHS select agents and toxins: any change in procedure or inactivation sterility testing protocol is reported to Abrin equipment. APHIS or CDC. Botulinum neurotoxins* (B) Develops site-specific standard (3) Except as required in § 73.16(l), Botulinum neurotoxin producing operating inactivation procedures to the aggregate amount of the toxin under species of Clostridium* ensure that the material is inactivated the control of a principal investigator, Crimean-Congo hemorrhagic fever virus by a safety margin determined by the treating physician or veterinarian, or Diacetoxyscirpenol kill curve. commercial manufacturer or distributor Eastern equine encephalitis virus (C) Subjects representative samples of does not, at any time, exceed the Ebola virus* inactivated select agents or any nucleic following amounts: 1000 mg of Abrin; 1 Francisella tularensis* acids that can produce infectious forms mg of Botulinum neurotoxins; 10,000

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mg of Diacetoxyscirpenol; 1000 mg of ■ c. By adding paragraph (d)(4). agent viruses are inactivated by a safety Ricin; 500 mg of Saxitoxin; 100 mg of ■ d. By adding paragraph (e)(3). margin; and Staphylococcal enterotoxins (subtypes The revision and additions read as (3) The validated sterility testing A–E); 10,000 mg of T–2 toxin; or 500 mg follows: protocol used to ensure that the of Tetrodotoxin. inactivation method has rendered a § 73.4 Overlap select agents and toxins. (i) The toxin is transferred only after select agent non-viable or regulated the transferor uses due diligence and * * * * * nucleic acids that can produce documents the identification of the (b) Overlap select agents and toxins: infectious forms of any select agent recipient and the legitimate need (i.e., Bacillus anthracis* viruses non-infectious. prophylactic, protective, bona fide Burkholderia mallei* (F) Reviews, and revises as necessary, research, or other peaceful purpose) Burkholderia pseudomallei* documents listed in paragraph Hendra virus claimed by the recipient to use such (d)(2)(i)(E) of this section after any Nipah virus toxin. Information to be documented Rift Valley fever virus change in principal investigator, change includes, but is not limited to, the Venezuelan equine encephalitis virus in protocol, or any reported viability of recipient identity information, a select agent or infectivity of regulated including the recipient’s name, * * * * * nucleic acids that can produce institution name, address, telephone (d) * * * infectious forms of any select agent (2) * * * number and email address; name of the virus previously assessed as inactive. (i) Unless waived by the APHIS toxin and the total amount transferred, (ii) Unless waived by the APHIS Administrator or HHS Secretary, a select and the legitimate need claimed by the Administrator or HHS Secretary, an agent or regulated nucleic acids that can recipient. Notwithstanding the extract from a select agent is not produce infectious forms of any select provisions of paragraph (d) of this excluded from the requirements of this agent virus that has been subjected to a section, the HHS Secretary retains the part until an individual or entity meets validated inactivation process to remove authority to, without prior notification, the following requirements: viability or infectious form (i.e., the inspect and copy or request the (A) Any extract is subjected to a ability to reproduce or produce disease, submission of the due diligence process that removes all viable cells, while maintaining cellular structure) is documentation to the CDC. spores, or virus particles. not excluded from the requirements of (B) Any extract is subjected to a * * * * * this part until an individual or entity: (5) An HHS select toxin identified in (A) Develops a site-specific kill curve validated sterility testing protocol to an original food sample or clinical to define conditions of inactivation for ensure that the inactivation method has sample. each select agent or regulated nucleic rendered the extract free of a select (6) Select toxins that are produced as acids that can produce infectious forms agent. a byproduct in the study of the toxin of any select agent viruses. If there are (C) Any viability of an extract that producing host organism so long as the strain-to-strain variations in resistance was subjected to a validated inactivation toxin has not been intentionally of a select agent to the inactivation protocol is reported to the Responsible cultivated, collected, purified, or procedure, then a specific kill curve Official. otherwise extracted, and the material must be developed for each strain that (D) Any viability of a select agent or containing the toxin is rendered non- undergoes the inactivation procedure. A infectivity of regulated nucleic acids functional and disposed of within 30 new kill curve must be created upon that can produce infectious forms of any days of the initiation of the culture. any change in procedure or inactivation select agent virus that was previously * * * * * equipment. assessed as inactive by the validated (8) Waste generated during the (B) Develops site-specific standard sterility testing protocol is reported to delivery of patient care from a patient operating inactivation procedures to APHIS or CDC. infected with a select agent that is ensure that the material is inactivated (d) * * * decontaminated with a validated by a safety margin determined by the (4) Waste generated during the method within seven calendar days of kill curve. delivery of patient care from a patient the conclusion of patient care, (C) Subjects representative samples of infected with a select agent that is (e) * * * inactivated select agents or nucleic decontaminated with a validated (3) An individual or entity may make acids that can produce infectious forms method within seven calendar days of a written request to the HHS Secretary of any select agent viruses to a validated the conclusion of patient care. for reconsideration of a decision sterility testing protocol to ensure that (e) * * * denying an application for the exclusion the inactivation method has rendered a (3) An individual or entity may make of an attenuated strain of a select agent select agent non-viable or regulated a written request to the HHS Secretary or a select toxin modified to be less nucleic acids non-infectious. or APHIS Administrator for potent or toxic. The written request for (D) Reports any viability of a select reconsideration of a decision denying an reconsideration must state the facts and agent or infectivity of regulated nucleic application for the exclusion of an reasoning upon which the individual or acids that can produce infectious forms attenuated strain of a select agent or a entity relies to show the decision was of any select agent virus that was select toxin modified to be less potent incorrect. The HHS Secretary will grant subjected to a validated inactivation or toxic. The written request for or deny the request for reconsideration protocol to the Responsible Official. reconsideration must state the facts and as promptly as circumstances allow and (E) Reviews annually, and revises as reasoning upon which the individual or will state, in writing, the reasons for the necessary, the following: entity relies to show the decision was decision. (1) The kill curve procedure and incorrect. The HHS Secretary or APHIS * * * * * results; Administrator will grant or deny the ■ 4. Section 73.4 is amended as follows: (2) Site-specific standard operating request for reconsideration as promptly ■ a. By revising paragraph (b). procedures to ensure that select agents as circumstances allow and will state, in ■ b. By adding new paragraphs (d)(2)(i), or regulated nucleic acids that can writing, the reasons for the decision. (ii), and (iii). produce infectious forms of any select * * * * *

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■ 5. Section 73.5 is amended as follows: specimen provider, and to other ‘‘passwords’’ and removing ‘‘numbers’’ ■ a. By revising paragraph (a)(1). appropriate authorities when required and adding in its place ‘‘permissions’’. ■ b. By redesignating paragraph (a)(3) as by Federal, State, or local law by ■ b. By adding paragraph (c)(11). paragraph (a)(4) and revising newly telephone, facsimile, or email. This ■ c. By adding paragraph (d)(7)(vi). redesignated paragraph (a)(4). report must be followed by submission ■ d. By adding a sentence to the end of ■ c. By adding new paragraph (a)(3). of APHIS/CDC Form 4 to APHIS or CDC paragraph (h). The revisions and addition read as within 7 calendar days after The additions read as follows: follows: identification. § 73.11 Security. § 73.5 Exemptions for HHS select agents * * * * * * * * * * ■ 7. Section 73.7 is amended as follows: and toxins. (c) * * * ■ a. By redesignating paragraphs (b) (a) * * * (11) Describe how the entity through (k) as paragraphs (c) through (l), (1) Unless directed otherwise by the authorizes the means of entry into areas HHS Secretary, within seven calendar respectively. ■ b. By adding a new paragraph (b) to where select agents or toxins are stored days after identification of the select read as follows: or used, to include centralized access agent and toxin (except for Botulinum control management systems (e.g., neurotoxin and/or Staphylococcal § 73.7 Registration and related security keycards) and/or mechanical key enterotoxin (Subtypes A–E)), or within risk assessments. management. thirty calendar days after identification * * * * * (d) * * * of Botulinum neurotoxin and/or (b) As a condition of registration, each (7) * * * Staphylococcal enterotoxin (Subtypes entity is required to be in compliance (vi) Any loss of computer, hard drive A–E), the select agent or toxin is with the requirements of this part for or other data storage device containing transferred in accordance with § 73.16 select agents and toxins listed on the information that could be used to gain or destroyed on-site by a recognized registration regardless of whether the access to select agents or toxins. sterilization or inactivation process, entity is in actual possession of the * * * * * * * * * * select agent or toxin. With regard to (h) * * * Drills or exercises must be (3) Unless otherwise directed by the toxins, the entity registered for documented to include how the drill or HHS Secretary, the clinical or diagnostic possession, use or transfer of a toxin exercise tested and evaluated the plan, specimens collected from a patient must be in compliance with the any problems that were identified and infected with a select agent are requirements of this part regardless of corrective action(s) taken, and all transferred in accordance with § 73.16 the amount of toxin currently in individuals who participated in the drill or destroyed on-site by a recognized possession. or exercise. sterilization or inactivation process * * * * * ■ 11. Section 73.12 is amended as within seven days after delivery of ■ 8. Section 73.9 is amended as follows: follows: patient care has concluded, and ■ a. In paragraph (a)(6) by removing ■ a. By revising paragraph (a). (4) The identification of the agent or ‘‘laboratory’’ and adding in its place ■ b. By removing paragraph (c)(2), toxin is reported to CDC or APHIS, the ‘‘registered space’’ and adding ‘‘and the redesignating paragraph (c)(3) as (c)(2), specimen provider, and to other corrections documented’’ after and in newly redesignated paragraph appropriate authorities when required ‘‘corrected’’ at the end of the sentence. (c)(2), removing ‘‘NIH Guidelines for by Federal, State, or local law by ■ b. By adding paragraph (a)(7) to read Research Involving Recombinant DNA telephone, facsimile, or email. This as set forth below. Molecules’’ and adding in its place report must be followed by submission ‘‘NIH Guidelines for Research Involving of APHIS/CDC Form 4 to APHIS or CDC § 73.9 Responsible Official. Recombinant or Synthetic Nucleic Acid within 7 calendar days after (a) * * * Molecules’’. identification. (7) Ensure that individuals are ■ c. By adding a new sentence to the * * * * * provided the contact information for the end of paragraph (e). ■ 6. Section 73.6 is amended as follows: HHS or USDA Office of Inspector The revision and addition read as ■ a. By redesignating paragraph (a)(3) as General Hotline so that they may follows: anonymously report any safety or paragraph (a)(4) and revising newly § 73.12 Biosafety. redesignated paragraph (a)(4). security concerns related to select (a) An individual or entity required to ■ b. By adding paragraph (a)(3). agents and toxins. The revision and addition read as * * * * * register under this part must develop follows: ■ 9. Section 73.10 is amended by adding and implement a written biosafety plan a new sentence to the end of paragraph that is commensurate with the risk of § 73.6 Exemptions for overlap select (e) to read as follows: the select agent or toxin, given its agents and toxins. intended use. The biosafety plan must (a) * * * § 73.10 Restricting access to select agents contain sufficient information and (3) Unless otherwise directed by the and toxins; security risk assessments. documentation to describe the biosafety HHS Secretary or Administrator, the * * * * * and containment procedures for the clinical or diagnostic specimens (e) * * * A Responsible Official must select agent or toxin, including any collected from a patient infected with a immediately notify the Responsible animals (including arthropods) or plants select agent are transferred in Official of the visited entity if the intentionally or accidentally exposed to accordance with § 73.16 or destroyed person’s access to select agents and or infected with a select agent. Biosafety on-site by a recognized sterilization or toxins has been terminated. and containment procedures specific to inactivation process within seven days * * * * * each registered laboratory must be after delivery of patient care has ■ 10. Section 73.11 is amended as available to each individual working in concluded, and follows: that laboratory. The current biosafety (4) The identification of the agent or ■ a. In paragraph (c)(5) by adding plan must be submitted for initial toxin is reported to CDC or APHIS, the ‘‘keycards,’’ between ‘‘keys,’’ and registration, renewal of registration, or

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when requested. The biosafety plan any problems that were identified and ■ 15. Section 73.17 is amended as must include the following provisions: corrective action(s) taken, and all follows: (1) A written risk assessment for each individuals who participated in the drill ■ a. In paragraphs (a)(1)(iii) and (a)(3)(v) procedure involving a select agent or or exercise. by adding ‘‘or other storage container’’ toxin that addresses the hazards ■ 12. Section 73.14 is amended as after ‘‘freezer’’. associated with the agent or toxin. follows: ■ b. By adding paragraph (a)(1)(ix). (i) The hazardous characteristics of ■ a. By adding a new sentence to the ■ c. By adding paragraph (a)(8). each agent or toxin listed on the entity’s end of paragraph (a). ■ d . In paragraph (b) by adding registration, including probable routes ■ b. By adding a new sentence to the ‘‘legible,’’ after ‘‘are’’. of transmission in the laboratory and in end of paragraph (f). ■ e. By revising paragraph (c). the environment, infective dose (if The additions read as follows: The revision and additions read as known), stability in the environment, § 73.14 Incident response. follows: host range, contribution of any genetic manipulations, and endemicity. (a) * * * The current incident § 73.17 Records. (ii) Hazards associated with laboratory response plan must be submitted for (a) * * * procedures related to the select agent or initial registration, renewal of (1) * * * toxin; registration, or when requested. (ix) If destroyed, the quantity (e.g., (2) Safeguards in place with * * * * * containers, vials, tubes, etc.) of select associated work practices to protect (f) * * * Drills or exercises must be agent destroyed, the date of such action, registered entity personnel, the public, documented to include how the drill or and by whom. and the environment from exposure to exercise tested and evaluated the plan, * * * * * the select agent or toxin including, but any problems that were identified and (8) For a select agent or an extract not limited to: Safety training corrective action(s) taken, and all from a select agent that has been requirements for registered entity individuals who participated in the drill rendered non-viable or regulated personnel performing the procedure; or exercise. nucleic acids that can produce ■ required personal protective equipment 13. Section 73.15 is amended as infectious forms of any select agent and other safety equipment; required follows: virus that have been rendered non- ■ containment equipment including, but a. In paragraph (a)(1) by removing infectious through inactivation: not limited to, biological safety cabinets, ‘‘before that individual has such access (i) A written description of the animal caging systems, and centrifuge to select agents and toxins’’ and adding inactivation process used for rendering safety containers; and required in its place ‘‘, within 12 months of that a select agent non-viable or regulated engineering controls and other facility individual’s anniversary of receiving nucleic acids that can produce safeguards. such approval or prior to his or her infectious forms of any select agent (3) Written procedures for entry into an area where select agents or virus non-infectious; decontamination with a validated toxins are used or stored, whichever (ii) The sterility testing protocol used occurs first.’’. method, of all contaminated or ■ to verify non-viability of a select agent potentially contaminated materials b. By adding paragraph (e) to read as or non-infectivity of regulated nucleic including, but not limited to: Cultures set forth below. acids that can produce infectious forms and other materials related to the § 73.15 Training. of any select agent virus and the results propagation of select agents or toxins, * * * * * of the test, including investigation, of items related to the analysis of select (e) The Responsible Official must any inactivation process failures and the agents and toxins, personal protective ensure and document that individuals corrective actions taken; equipment, animal caging systems and are provided the contact information of (iii) The name of each individual bedding, and animal carcasses or the HHS or USDA Office of Inspector performing the inactivation method and extracted tissues. General Hotline so that they may sterility testing protocols; (4) Written procedures for anonymously report any safety or (iv) The date(s) the inactivation decontamination, with a validated security concerns related to select method and sterility testing protocols method, of laboratory surfaces and agents and toxins. were completed; equipment using manufacturer’s ■ 14. Section 73.16 is amended by (v) The location where the inactivated specification. revising paragraph (l)(1) to read as method and sterility testing protocols (5) Effluent decontamination follows: were performed; and procedures, with a validated method, (vi) An inactivation certificate that that describe the treatment of effluent § 73.16 Transfers. includes the date of inactivation, material contaminated with select * * * * * method of inactivation, date of final agents and toxins. (l) * * * sterility testing protocol result, and the (6) Procedures to respond to (1) Transfer the amounts only after the Principal Investigator. A copy of the emergencies such as spills, sharps transferor uses due diligence and inactivation certificate must accompany injury, or animal bites involving select documents that the recipient has a any transfer of inactivated material. agents and toxins. legitimate need (i.e., prophylactic, * * * * * (7) Procedures for the handling of protective, bona fide research, or other (c) Any records that contain select agents and toxins in the same peaceful purpose) to handle or use such information related to the requirements spaces with non-select agents and toxins toxins. Information to be documented of the regulations. Such records may in order to prevent unintentional includes, but is not limited, to the include, but are not limited to, contamination. recipient information, toxin and amount biocontainment certifications, * * * * * transferred, and declaration that the laboratory notebooks, institutional (e) * * * Drills or exercises must be recipient has legitimate purpose to store biosafety and/or animal use committee documented to include how the drill or and use such toxins. minutes and approved protocols, and exercise tested and evaluated the plan, * * * * * records associated with occupational

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health and suitability programs. All mailing address, and MB Docket No. it might ‘‘further reduce the information records created under this part must be 13–249. collection burden for small business maintained for 3 years. • Paper Filers: Parties who choose to concerns with fewer than 25 * * * * * file by paper must file an original and employees.’’ one copy of each filing. Filings can be Dated: January 12, 2016. In addition to filing comments with sent by hand or messenger delivery, by the Secretary, a copy of any Paperwork Sylvia M. Burwell, commercial overnight courier, or by Reduction Act comments on the Secretary. first-class or overnight U.S. Postal information collection requirements [FR Doc. 2016–00758 Filed 1–14–16; 4:15 pm] Service mail (although the Commission contained herein should be submitted to BILLING CODE 4163–18–P continues to experience delays in Cathy Williams, Federal receiving U.S. Postal Service mail). All Communications Commission, Room 1– filings must be addressed to the C823, 445 12th Street SW., Washington, FEDERAL COMMUNICATIONS Commission’s Secretary, Office of the DC 20554, or via the Internet to COMMISSION Secretary, Federal Communications [email protected], and to Commission. Nicholas A. Fraser, Office of 47 CFR Parts 73 and 74 For detailed instructions for submitting Management and Budget (OMB), via the _ _ [MB Docket No. 13–249; FCC 15–142] comments and additional information Internet to Nicholas A. Fraser@ on the rulemaking process, see the omb.eop.gov. Revitalization of the AM Radio Service SUPPLEMENTARY INFORMATION section of To view a copy of this information this document. collection request (ICR) submitted to AGENCY : Federal Communications FOR FURTHER INFORMATION CONTACT: OMB: (1) Go to the Web page http:// Commission. Peter Doyle, Chief, Media Bureau, www.reginfo.gov/public/do/PRAMain, ACTION: Proposed rule. Audio Division, (202) 418–2700; (2) look for the section of the Web page Thomas Nessinger, Senior Counsel, called ‘‘Currently Under Review,’’ (3) SUMMARY: In this document, the Media Bureau, Audio Division, (202) click on the downward-pointing arrow Commission adopted a Further Notice of 418–2700. For additional information in the ‘‘Select Agency’’ box below the Proposed Rulemaking (FNPRM), in concerning the Paperwork Reduction ‘‘Currently Under Review’’ heading, (4) which it sought comment on several Act (PRA) information collection select ‘‘Federal Communications proposals designed to revitalize the AM requirements contained in this Commission’’ from the list of agencies broadcast radio service, or to reduce document, contact Cathy Williams at presented in the ‘‘Select Agency’’ box, burdens on AM broadcasters. The 202–418–2918, or via the Internet at (5) click the ‘‘Submit’’ button to the Commission further adopted a Notice of [email protected]. right of the ‘‘Select Agency’’ box, (6) Inquiry (NOI), in which it sought when the list of FCC ICRs currently comment on two proposals designed to SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Further under review appears, look for the Title revitalize the AM broadcast radio of this ICR and then click on the ICR service. One of the proposals, regarding Notice of Proposed Rulemaking, FCC 15–142, adopted October 21, 2015, and Reference Number. A copy of the FCC increased utilization of the AM submission to OMB will be displayed. expanded band, was suggested by released October 23, 2015. The proposed information collections several commenters in response to the Initial Paperwork Reduction Act of are as follows: NPRM in this proceeding, The second 1995 Analysis proposal, for relaxation of the OMB Control Number: 3060–0075. The FNPRM contains proposed Commission’s main studio rules for AM Title: Application for Transfer of information collection requirements stations, was suggested by a commenter Control of a Corporate Licensee or subject to the PRA, Public Law 104–13. and supported by others. Permittee, or Assignment of License or OMB, the general public, and other Permit, for an FM or TV Translator DATES: Comments may be filed on or Federal agencies are invited to comment Station, or a Low Power Television before March 21, 2016 and reply on the proposed new and modified Station, FCC Form 345. comments may be filed on or before information collection requirements April 18, 2016. Written comments on Type of Review: Revision of a contained in this FNPRM. currently approved collection. the Paperwork Reduction Act proposed Comments on the proposed Respondents: Business or other for- information collection requirements information collection requirements profit entities; Not for profit institutions; must be submitted by the public, Office should address: (a) Whether the Local or Tribal Government. of Management and Budget (OMB), and proposed collection of information is Number of Respondents and other interested parties on or before necessary for the proper performance of Responses: 1,700 respondents; 2,700 March 21, 2016. the functions of the Commission, responses. ADDRESSES: You may submit comments, including whether the information shall identified by MB Docket No. 13–249, by have practical utility; (b) the accuracy of Estimated Time per Response: 0.084– any of the following methods: the Commission’s burden estimates; (c) 1.25 hours. • Electronic Filers: Comments may be ways to enhance the quality, utility, and Frequency of Response: Third party filed electronically using the Internet by clarity of the information collected; and disclosure requirement and on occasion accessing the Commission’s Electronic (d) ways to minimize the burden of the reporting requirement. Comment Filing System (ECFS), through collection of information on the Total Annual Burden: 2,667 hours. the Commission’s Web site http:// respondents, including the use of Total Annual Cost: $3,958,125. fjallfoss.fcc.gov/ecfs2/. Filers should automated collection techniques or Obligation to Respond: Required to follow the instructions provided on the other forms of information technology. obtain or retain benefits. The statutory Web site for submitting comments. For Pursuant to the Small Business authority for this collection of ECFS filers, in completing the Paperwork Relief Act of 2002, Public information is contained in Sections transmittal screen, filers should include Law 107–198, see 44 U.S.C. 3506(c)(4), 154(i) and 310 of the Communications their full name, U.S. Postal service the FCC seeks specific comment on how Act of 1934, as amended.

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Nature and Extent of Confidentiality: and Notice of Inquiry, in Revitalization Estimated Time per Response: 1–1.5 There is no need for confidentiality with of the AM Radio Service, MB Docket No. hours. this collection of information. 13–249, FCC 15–142. In the Further Frequency of Response: On occasion Privacy Act Impact Assessment: No Notice of Proposed Rulemaking reporting requirement; Third party impact(s). component of this rulemaking disclosure requirement. Needs and Uses: Filing of the FCC proceeding (FNPRM), the Commission Obligation to Respond: Required to Form 345 is required when applying for proposes to make the following rule obtain or retain benefits. The statutory authority for assignment of license or (and Form) changes to this information authority for this information collection permit, or for consent to transfer of collection: Modify Section 74.1201(g) of is contained in Sections 154(i), 303 and control of a corporate licensee or the rules to provide that the coverage 308 of the Communications Act of 1934, permittee for an FM or TV translator contour (1 mV/m) of an FM translator as amended. station, or low power TV station. station rebroadcasting an AM radio Total Annual Burden: 4,500 hours. This collection also includes the third station as its primary station must be Total Annual Cost: $4,674,600. party disclosure requirement of 47 CFR contained within the greater of either Privacy Act Impact Assessment: No 73.3580 (OMB approval was received the 2 mV/m daytime contour of the AM impact(s). Nature and Extent of Confidentiality: for Section 73.3580 under OMB Control station, or a 25-mile radius centered at There is no need for confidentiality with Number 3060–0031). 47 CFR 73.3580 the AM station’s transmitter site, but this information collection. requires local public notice in a that in no event may the FM translator’s newspaper of general circulation in the Needs and Uses: FCC Form 349 is 1 mV/m coverage contour extend used to apply for authority to construct community in which the station is beyond a 40-mile (64 km) radius located or providing notice over the air a new FM translator or FM booster centered at the AM station’s transmitter broadcast station, or to make changes in of the filing of all applications for site. assignment of license/permit. This the existing facilities of such stations. Consistent with actions proposed by notice must be completed within 30 Form 349 also contains a third party the Commission in the FNPRM, the days of the tendering of the application. disclosure requirement, pursuant to 47 following change is made to Form 345: A copy of the newspaper notice or a CFR 73.3580. This rule requires stations Section III of Form 345 includes a new record of the broadcast notice and the applying for a new broadcast station, or certification concerning compliance application must be placed in the public to make major changes to an existing with the new AM station ‘‘fill-in’’ inspection file. station, to give local public notice of On June 29, 2009, the Commission service requirements. Specifically, this filing in a newspaper of general adopted a Report and Order, applicants will now certify that the 1 circulation in the community in which Amendment of Service and Eligibility mV/m coverage contour of the FM the station is located. This local public Rules for FM Broadcast Translator translator station is contained within notice must be completed within 30 Stations, MB Docket No. 07–172, FCC the greater of either: (a) The 2 mV/m days of the tendering of the application. 09–59, 24 FCC Rcd 9642 (2009), 74 FR daytime contour of the AM primary This notice must be published at least 45126,Sept. 1, 2009, 74 FR 46382, Sept. station being rebroadcast, or (b) a 25- twice a week for two consecutive weeks 9, 2009. In the 2009 Report and Order, mile radius centered at the AM station’s in a three-week period. In addition, a the Commission adopted changes to the transmitter site, but the FM translator’s copy of this notice must be placed in the FM translator rules that allowed AM 1 mV/m contour may not extend beyond station’s public inspection file along stations to use authorized FM translator a 40-mile radius centered at the AM with the application, pursuant to 47 stations to rebroadcast the AM signal station’s transmitter site. The CFR 73.3527. This recordkeeping locally, retransmitting their AM instructions for Section III—Assignee/ information collection requirement is programming as a ‘‘fill-in’’ service. The Transferee have been revised to assist contained in OMB Control No. 3060– adopted cross-service translating rules applicants with completing the 0214, which covers Section 73.3527. limited FM translators to providing modified question. On June 29, 2009, the Commission ‘‘fill-in’’ service only, specifically With this submission, the adopted a Report and Order, within the AM primary station’s Commission is currently seeking to Amendment of Service and Eligibility authorized service area. obtain OMB approval for the proposed Rules for FM Broadcast Translator AM radio stations use Form 345 to revisions to 47 CFR 74.1201(g) and FCC Stations, MB Docket No. 07–172, FCC apply for authority to assign or transfer Form 345 for this information 09–59, 24 FCC Rcd 9642 (2009), 74 FR such fill-in FM translator stations. collection. These revisions will not 45126, Sept. 1, 2009, 74 FR 46382, Sept. Consistent with actions taken by the increase the number of respondents, 9, 2009. In the 2009 Report and Order, Commission in the 2009 Report and number of responses, annual burden the Commission adopted changes to the Order, the following changes were made hours and annual cost for this FM translator rules that allowed AM to Form 345: Section III of Form 345 collection. stations to use authorized FM translator included a new certification concerning OMB Control Number: 3060–0405. stations to rebroadcast the AM signal compliance with the AM station ‘‘fill- Title: Application for Authority to locally, retransmitting their AM in’’ service requirements. Specifically, Construct or Make Changes in an FM programming as a ‘‘fill-in’’ service. The in the AM service, applicants certify Translator or FM Booster Station, FCC adopted cross-service translating rules that the coverage contour (1 mV/m) of Form 349. limited FM translators to providing the FM translator station is contained Form Number: FCC Form 349. ‘‘fill-in’’ service only, specifically within the lesser of: (a) The 2 mV/m Type of Review: Revision of a within the AM primary station’s daytime contour of the AM primary currently approved collection. authorized service area. station being rebroadcast, or (b) a 25- Respondents: Business or other for- AM radio stations use Form 349 to mile radius centered at the AM station’s profit; State, Local or Tribal apply for authorizations to operate such transmitter site. Government; Not-for-profit institutions. fill-in FM translator stations. Consistent On October 21, 2015, the Commission Number of Respondents and with actions taken by the Commission adopted a First Report and Order, Responses: 1,200 respondents; 2,400 in the 2009 Report and Order, the Further Notice of Proposed Rulemaking, responses. following changes were made to Form

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349: Sections II and III of Form 349 Synopsis of Further Notice of Proposed steps that would deprive Class A included new certifications concerning Rulemaking stations of listeners far outside of their compliance with the AM station ‘‘fill- 1. A number of commenters in this primary service areas, if those steps in’’ service requirements. Specifically, proceeding advocated reducing daytime, would allow substantial numbers of in the AM service, applicants certify nighttime, and critical hours protection other stations to improve their service, that the coverage contour (1 mV/m) of afforded to Class A AM stations, which both day and night, to their the FM translator station is contained operate with up to 50 kilowatts of communities of license and adjacent within the lesser of: (a) The 2 mV/m power, day and night, and have large areas. daytime contour of the AM primary extended service areas, especially at 3. While the wide-area service of station being rebroadcast, or (b) a 25- night when skywave propagation allows Class A stations has historically proved to be beneficial, the Commission has mile radius centered at the AM station’s signals to travel hundreds of miles. As seen fit in the past to reduce protection transmitter site. a result, during daytime hours, over 200 to their skywave service (see, e.g., Clear On October 21, 2015, the Commission licensed Class B and Class D AM Channel Broadcasting in the AM adopted a First Report and Order, stations are required to reduce power Broadcast Band, Report and Order, 78 Further Notice of Proposed Rulemaking, and/or change to a directional antenna F.C.C.2d 1345, 1364 (1980), in which and Notice of Inquiry, in Revitalization system to meet the required critical the Commission noted that increasing of the AM Radio Service, MB Docket No. hours protection afforded to Class A spectrum demands required that 13–249, FCC 15–142. In the Further stations. During nighttime hours—if protection of such stations (then Notice of Proposed Rulemaking permitted nighttime operation at all— component of this rulemaking designated Class I–A stations) beyond other stations often must invest in the nighttime 0.5 mV/m-50 percent proceeding (FNPRM), the Commission complex directional arrays to protect proposes to make the following rule contour, as well as certain restrictions one of the 73 Class A stations, and/or on adjacent-channel stations, be (and Form) changes to this information must substantially reduce their power, collection: Modify 47 CFR 74.1201(g) of abolished). In this proceeding, the sometimes resulting in their having only overriding concern is the need for the rules to provide that the coverage secondary nighttime facilities. Even for contour (1 mV/m) of an FM translator existing AM stations to overcome an those Class B stations that are protected increasing noise floor that inhibits local station rebroadcasting an AM radio from interference by other AM stations station as its primary station must be service, both day and night. While at night, this often results in sub- reducing protection to a Class A AM contained within the greater of either standard nighttime coverage, in order to the 2 mV/m daytime contour of the AM station may, in fact, reduce the coverage protect the secondary service area of a of that station, the areas of reduced station, or a 25-mile radius centered at larger station a considerable distance, coverage would be located at great the AM station’s transmitter site, but and often many states away. distances from the transmitter and from that in no event may the FM translator’s Commenters argue that they could the metropolitan area that constitutes 1 mV/m coverage contour extend provide better service, with more power the station’s primary service area. At the beyond a 40-mile (64 km) radius to overcome the local noise floor, if the same time, the reduction in protection centered at the AM station’s transmitter protections to Class A stations were may well allow other stations to site. relaxed. increase their power to better serve their Consistent with actions proposed by 2. Class A stations have traditionally communities and, in the case of some the Commission in the FNPRM, the provided wide-area service to different stations, allow for the first-ever fulltime following changes are made to the Form regions of the United States, including AM service to those communities. The 349: Sections II and III of Form 349 rural areas, and to travelers driving Commission’s goal of localism suggests include new certifications concerning through their relatively large coverage that service from a local news and compliance with the new AM station areas. The high power and large information source should be preferred ‘‘fill-in’’ service requirements. extended service areas of these stations over better reception of a more distant Specifically, applicants will certify that have also proved invaluable in signal. the 1 mV/m coverage contour of the FM emergencies, such as Hurricane Katrina 4. The Commission tentatively translator station is contained within and its aftermath. Some commenters, concludes, therefore, that (1) all Class A the greater of either: (a) The 2 mV/m however, note that the utility of high- stations should be protected, both day daytime contour of the AM primary powered, wide-area AM stations has and night, to their 0.1 mV/m station being rebroadcast, or (b) a 25- waned since the early days of radio, groundwave contour, from co-channel mile radius centered at the AM station’s when the FM service was nonexistent or stations; (2) all Class A stations should transmitter site, but the FM translator’s underutilized, more of the population continue to be protected to the 0.5 mV/ 1 mV/m contour may not extend beyond lived outside of major metropolitan m groundwave contour, both day and a 40-mile radius centered at the AM areas, and there were significantly fewer night, from first adjacent channel station’s transmitter site. The media choices than there are today. stations; and (3) the critical hours instructions for Sections II and III have Because of this, many commenters protection of Class A stations should be been revised to assist applicants with believe that the current protection eliminated completely. The Commission completing the modified questions. afforded to Class A stations should be seeks comment on these proposals, With this submission, the reduced, in order to allow other, more specifically on the populations that Commission is currently seeking to local stations to add or increase day and would lose service from Class A stations obtain OMB approval for the proposed nighttime power to their listening areas. under this proposal and, to the extent revisions to 47 CFR 74.1201(g) and FCC The tradeoff between commenters ascertainable, whether such populations Form 349 for this information urging caution in taking any steps that currently avail themselves of the service collection. These revisions will not would diminish protection to Class A that would be lost. The Commission increase the number of respondents, stations and those arguing that large also seeks data on areas and populations number of responses, annual burden protected coverage areas for Class A in the United States, if any, that receive hours and annual cost for this stations are unnecessary appears to be service only from Class A AM stations, collection. whether the Commission should take whether day or night. Conversely, it

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requests specific comment as to the was to stifle facility improvements, daytime D/U protection ratio for second numbers of stations that would be able resulting in very little in the way of and third adjacent channel stations. to increase power, daytime and decreased interference. They contend, Commenters proposed that the nighttime, under this proposal and what for example, that the 25 percent Commission return to the pre-1991 0 dB populations would gain service from exclusion method complicates daytime 1:1 protection ratio for first those power increases. Additional nighttime allocation calculations and adjacent channels; change second comment is sought concerning the net protection requirements and reduces adjacent channel groundwave effect on listeners that could result from flexibility for AM station improvement protection; and eliminate third adjacent the combination of reduced protection and relocation; that consideration of channel groundwave protection. to Class A stations and power increases adjacent-channel stations in making Additionally, several commenters by co- and adjacent-channel stations interference calculations is unnecessary, suggested changes to the daytime that this proposal would allow. Would, claiming that the Commission instituted protected contours for Class B, C, and D in fact, such power increases cause this rule in anticipation of wide-band stations. more loss of service to listeners of Class AM receivers that never made it to 8. The Commission tentatively A stations than gains in such service to market; and that a return to the 50 concludes that these rule changes listeners of upgrading stations? Would percent exclusion method used prior to should be adopted. The proposed 0 dB current listeners of Class A skywave 1991, considering only the skywave daytime 1:1 first adjacent channel service, not located near stations able to contributions to RSS calculations of co- protection ratio was the pre-1991 avail themselves of power increases due channel stations, would enable AM standard, and the post-1991 protection to this proposal, nevertheless broadcasters to improve their facilities ratio does not appear to allow for experience a reduction in skywave and signals and, thus, overcome the sufficient signal strength to overcome service from Class A stations? Would increasing noise floor. current levels of environmental noise. the proposed changes 6. The Commission agreed that the Likewise, because third adjacent disproportionately affect listeners in 1991 nighttime skywave interference channel interference is relatively rural and/or tribal areas? What effects, if regulations were well-intentioned but, insignificant compared to any, would changes in protection to in retrospect, did not achieve their environmental sources of interference, it Class A stations have on EAS Primary intended goals and have resulted in would seem prudent to eliminate third Entry Point stations during unintended adverse consequences, adjacent channel groundwave emergencies? Alternatively, should the chiefly by impeding facility protection and change second adjacent Commission consider another level of improvements that are more necessary channel groundwave protection to protection to Class A stations, whether now than 24 years ago, because the match the current levels for third greater or less than that proposed and, noise floor has increased as much as or adjacent channel protection, thus if so, what should that protection be? more than station-to-station allowing AM stations to increase power The Commission also seeks comment on interference, and increasing signal to overcome increased levels of whether critical hours protection, if not strength to a station’s primary service environmental noise. Changing the eliminated, should alternatively be area has become more of a priority than daytime primary service contour for modified? Finally, the Commission maintenance of rules that offer a small Class B, C, and D stations to the 2 mV/ seeks comment on any costs that are return on interference reduction, m contour harmonizes the protection compared to the burden they impose on with the definition of service area that likely to result from adoption of these signal improvement. The Commission was adopted in the Second Order on proposals or from any alternatives therefore tentatively concluded that it Reconsideration in the Rural Radio proposed by commenters. should roll back the 1991 rule changes proceeding (27 FCC Rcd 12829, 12838 5. Several commenters to the NPRM as they pertain to calculation of (2012)), and would allow AM also proposed that the Commission nighttime RSS values of interfering field broadcasters greater flexibility to make return to the nighttime root-sum-square strengths and NIF service, by amending station modifications designed to (RSS) prediction method in existence 47 CFR 78.182(k) to return to predicting increase signal strength to their primary before the Commission’s 1991 rule the NIF coverage area using only the service areas. The Commission therefore changes. These prediction methods are interference contributions from co- proposes to revise 47 CFR 73.37(a) to used to calculate values of both channel stations and the 50 percent reflect the aforementioned changes to interfering field strengths from other exclusion method. The Commission daytime protected contours for Class B, AM stations and nighttime interference- seeks comment on this proposal, and C, and D AM stations, and seeks free (NIF) coverage. Prior to 1991, invites in particular comment from comment on this proposal. Would the nighttime RSS values of interfering field parties with differing views, or that have proposed reductions in protection result strengths and nighttime interference- technical evidence demonstrating the in greater flexibility for AM stations to free coverage were based on calculating effects on inter-station interference of a improve their signals, or would they the RSS of all interfering signals using return to the pre-1991 rules for merely increase inter-station the 50 percent exclusion method, calculating nighttime skywave interference? Would the net effect be considering only co-channel interfering interference. In addition, the beneficial or harmful to AM signals. In the 1991 Technical Commission seeks comment on any broadcasters and listeners? To the extent Assignment Criteria order (6 FCC Rcd costs that commenters believe would possible, commenters should provide 6273 (1991)), the Commission changed result from this proposal. technical data in support of their its method of calculation to include 7. Commenters also proposed changes arguments. In addition, commenters adjacent-channel signals, and to use a to 47 CFR 73.37(a), the rule providing should discuss and, if possible, quantify tiered system of RSS calculations. Some daytime protection to AM stations. The any costs they believe the proposal commenters observed that, despite the rule currently specifies a 26 dB daytime would entail. Commission’s intentions in Technical desired to undesired (D/U) protection 9. Several commenters to the NPRM Assignment Criteria, which were to ratio for co-channel stations, a 6 dB D/ request that the Commission reconsider decrease station-to-station interference U daytime protection ratio for first the rules for locating cross-service fill- in the AM service, in practice the effect adjacent channel stations, and a 0 dB in FM translators. Currently, such

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translators must be located such that the stations using directional antennas long as tower geometry is not being 60 dBm contour of any such FM whenever the licensee has reason to modified and no new towers are being translator station must be contained believe that the radiated fields may be added to the array; (4) clarify that 47 within the lesser of (a) the 2 millivolts exceeding the limits for which the CFR 73.151(c)(1)(viii) applies only when per meter (mV/m) daytime contour of station is authorized, and whenever total capacitance used to model base the AM station, or (b) a 25-mile radius minor directional antenna system region effects exceeds 250 pF and centered at the AM transmitter site. repairs are made that result in certain modify same to apply only when base Commenters argue that the current rule changes to the station’s licensed current sampling is used; (5) Permit use is too restrictive. Some commenters operating parameters. Some commenters of MoM modeling for skirt-fed towers; maintain that the 25-mile limitation is request that 47 CFR 73.154, the current (6) Change MoM rules with regard to re- arbitrary, or that it unfairly penalizes rule governing partial proof of proofing when antennas are added to stations located far from cities due to performance field strength towers; and (7) Eliminate requirement land costs or those that have deep nulls measurements for AM directional for current distribution measurements in their directional patterns. Others antenna arrays, be modified to require for top-loaded or other unusual antenna advocate eliminating the 25-mile measurements only on radials configurations when MoM or other restriction and would have us allow the containing a monitoring point. numerical analysis method is used to translator to be sited anywhere within Currently, the rule requires field determine antenna characteristics. the 2 mV/m contour, and others suggest strength measurements on all radials 13. Based on the Commission’s even more flexibility. with a monitoring point, as well as on experience with MoM proofs over the 10. When the Commission adopted radials from the latest complete field past seven years, it believed that, except the current limits on siting of cross- strength proof of performance that are as noted below, the changes listed above service translators re-broadcasting AM adjacent to the monitored radials, if the are well-founded, would improve the stations, it re-affirmed that FM array has fewer than four monitored quality of the MoM proofs submitted to translators re-broadcasting AM stations radials. Proponents claim that the Commission, would not result in were intended to fill service voids rather eliminating the requirement to take inferior adjustments of AM directional than to expand service, and that the measurements on non-monitored radials antenna arrays, and would eliminate adopted limits were to ‘‘ensure that fill- will reduce the cost to maintain AM some unnecessary expenses for in cross-service translators are used in directional antenna systems in working directional antenna array maintenance the AM station’s core market area, rather order. The Commission agreed that the by AM station licensees. It therefore than in a fringe area that may be part of proposed reduction in measured radials tentatively concludes that the above- or near another radio market.’’ would result in a cost savings for Amendment of Service and Eligibility listed procedural and rule changes, with directional antenna system maintenance the exception of the elimination of Rules for FM Broadcast Translator for AM broadcasters, and would not Stations, Report and Order, 24 FCC Rcd reference field strength measurements, result in more AM directional antenna should be adopted, and invites 9642, 9658–59 (2009). In the FNPRM, systems being out of adjustment. It however, the Commission agreed that comment on these changes, particularly therefore tentatively concludes, and from AM broadcasters operating with some additional degree of flexibility is proposes, that 47 CFR 73.154(a) be appropriate, especially given the factual directional antenna arrays. Rather than modified accordingly. The Commission eliminate reference field strength situations (e.g., highly directional seeks comment on this proposal, antenna patterns with deep signal nulls) measurements, which provide the only including comment on whether and to described by some commenters. The external verification that a directional what extent the proposed rule Commission also wished to continue to antenna array is operating properly, the modification would reduce costs to AM limit cross-service translator use to an Commission tentatively concludes and broadcasters employing directional AM station’s core market. It therefore proposes that 47 CFR 73.151(c)(3) be antenna systems. proposes to modify 47 CFR 74.1201(g) to modified to require reference field provide that the coverage contour (1 12. In 2008, the Commission adopted strength measurements when the initial mV/m) of an FM translator rules permitting use of Method of license application is submitted for a rebroadcasting an AM radio broadcast Moments (MoM) computer modeling to directional antenna system based on station as its primary station must be verify the performance of AM station computer modeling and sample system contained within the greater of either directional antenna systems. Since then, verification. Subsequent licenses for the the 2 mV/m daytime contour of the AM over 220 MoM directional antenna same directional antenna system and station or a 25-mile (40 km) radius proofs of performance have been physical facilities will not require centered at the AM transmitter site, but prepared by AM station licensees and submission of new reference field that in no event may the translator’s 1 their engineers and submitted to the strength measurements. The mV/m coverage contour extend beyond Commission in support of AM station Commission seeks comment on a 40-mile (64 km) radius centered at the applications for license. Based on their whether, instead of eliminating AM transmitter site. The Commission experience gained in the seven years recertification measurements, it should stated that this proposal provides since the adoption of the MoM proof modify the rules to require them within sufficient flexibility to provide useful rules, several technical commenters a specific time period near, but prior to, signal coverage, while not allowing a propose the following changes to the the submission of the station’s license cross-service fill-in translator to extend AM MoM proof rules: (1) eliminate or renewal application, or at some other the station’s coverage beyond its core modify the recertification measurements time interval. What constraints should service area. The Commission invites requirements and removal of base the Commission impose on the physical further comment on this proposal, sampling devices for periodic testing in model of a skirt-fed antenna element in including comment on any costs that 47 CFR 73.155; (2) eliminate the the MoM computer program? Due to the commenters believe are likely to arise requirement for reference field strength complexity of modeling a skirt-fed from the proposal. measurements (47 CFR 73.151(c)(3)); (3) tower, should it require use of specific 11. Partial proof of performance eliminate the requirement for surveying MoM software to model them? What measurements are required for AM existing directional antenna arrays as requirements should it specify for

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sampling systems for skirt-fed antenna in this proceeding adopting this that it has had experience with actual, elements? What costs, if any, are likely proposal. The Commission tentatively operating Expanded Band AM stations, to arise as a result of any of the concludes that the required election the Commission inquires whether to foregoing proposals? should be made by the station licensee open up the Expanded Band to 14. In 1991, the Commission adopted in writing, by letter delivered to the additional stations, and under what rules and procedures for initial Office of the Secretary, with copy to the conditions. licensing of stations in the 1605–1705 Media Bureau, Audio Division, not later 17. Several commenters remark that kHz AM band (Expanded Band). In than twelve months following release of the Expanded Band is underutilized and opening up the Expanded Band, the a future Report and Order adopting this should be opened up to more stations. Commission’s intent was to selectively proposal, or such other date as is Some prefer, as before, that the open the ten Expanded Band established in the Report and Order Expanded Band be used for stations frequencies to those existing AM and/or in any notice delivered to the migrating from the standard band; stations that most significantly licensee by the Media Bureau. The others believe that preference should contributed to congestion and Commission further tentatively first be given to applicants for new AM interference in the standard AM band, concludes that, should a station not stations, licensed daytime-only AM removing interference from the standard make the election regarding which of stations, or licensed or new AM stations band and providing those stations with the two authorizations it wishes to proposing all-digital operation. Most more robust, interference-free service in retain within the required time period, who address the Expanded Band state the Expanded Band. To ease the its standard band authorization should that stations in that band should be financial uncertainty of migrating to the be canceled, and the station required to assigned in the same way they are then-new and untested Expanded Band, operate only as authorized in the assigned in the standard AM band, the Commission established a five-year Expanded Band. The Commission seeks rather than continuing the allotment transition period, during which comment on these proposals, including procedures currently used in the migrating stations would hold licenses any comments in favor of licensee Expanded Band. Commenters also urge in both the Expanded Band and retention of dual authorizations, that a station migrating from the standard AM band, and could simulcast comments on whether it should adopt a standard band to the Expanded Band programming over both. This five-year shorter or longer deadline for the relinquish its standard band license period was set forth in a condition to required election, comments regarding shortly after initiating Expanded Band each Expanded Band license, and began the effect of such retention of dual service. Although many commenters to run as of the date of initial licensing authorizations on the AM service address the use of the Expanded Band in the Expanded Band. After the five- generally and the Expanded Band in helping to revitalize the AM service, year transition period, each dual-station specifically, and comments on any costs there are a number of procedural and licensee would be required to surrender associated with surrender of these practical decisions to be made before either its standard band or its Expanded authorizations. proposing rules for further utilization of Band license. The Commission has that band. The Commission believes never abandoned the requirement that Synopsis of Notice of Inquiry that a more complete record is needed the dual standard/Expanded band 16. Utilization of AM Expanded Band. before proposing rules regarding further stations relinquish one of their In Review of the Technical Assignment expansion of the 1605–1705 kHz band. authorizations, and many such stations Criteria for the AM Broadcast Service, 18. As a threshold matter, the have done so. The 25 remaining such Report and Order, 6 FCC Rcd 6273, Commission asks commenters whether station pairs, listed in Appendix F to the 6302–23 (1991), 56 FR 64842 (Dec. 12, they believe that opening the Expanded FNPRM, negate the Commission’s goal 1991) (Technical Assignment Criteria), Band to further development would be to reduce interference in the standard the Commission established rules and beneficial to revitalization of the AM AM band, and their retention of both policies for stations initially licensed in service. Assuming agreement with that authorizations disserves the other the Expanded AM Band (1605–1705 premise, who should be allowed to licensees who complied with the kHz) (Expanded Band), including receive authorizations in the Expanded relinquishment requirement. A number technical rules. See generally Technical Band? Should preference be given to of the stations still holding dual Assignment Criteria, 6 FCC Rcd at new stations, to migrators from the standard band/Expanded Band 6311–14, 6321–23. For example, it standard band, to stations planning all- authorizations have filed requests for decided to administer channels in the digital operation, or should some other waiver of the surrender condition and Expanded Band on an allotment basis criterion be established? If the prohibition against sale of one of the based on fixed technical parameters, Expanded Band were opened to new authorizations. similar to allotments in the FM stations, an auction filing window 15. Given the Commission’s broadcast band, rather than on an would need to be opened, and mutually consideration, in a Notice of Inquiry assignment basis as in the standard AM exclusive applications would be subject that follows the FNPRM, of further band, in which the technical facilities of to all competitive bidding procedures, utilization of the Expanded Band, along each station are uniquely designed to including threshold Section 307(b) with its general concern for avoid interference to other stations on comparisons and possible auctions. revitalization of the AM service, there is the band. 47 CFR 73.30. A total of 88 Additionally, if the Expanded Band no justification for allowing licensee Expanded Band channels were were opened to major modifications, retention of high-interfering standard originally allotted, and licenses were any mutually exclusive groups band stations along with the Expanded granted to 54 stations that migrated from including major modification Band stations meant to replace them. the standard AM band to the Expanded applications would have the The Commission therefore tentatively Band. The Commission proposed, in the opportunity for settlements or technical concludes that any licensee with dual Further Notice of Proposed Rule Making resolutions. 47 CFR 73.5002(d)(1), (2). If standard/Expanded Band authorizations (FNPRM) in this proceeding, to require the Commission were to reserve the should be required to surrender one of the remaining 25 dual standard- Expanded Band for migrators from the the two authorizations within one year Expanded Band station pairs to standard AM band, should it open a of release of a future Report and Order surrender one authorization each. Now window, waive the major change rule,

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and allow migrators to apply as minor regard to all-digital (as opposed to residents of the station’s community of modifications on a first-come, first- hybrid digital) AM operations, and the license. This includes being adequately served basis, or use some other record is not yet established on the equipped to transmit programming, mechanism (as, for example, the initial technical standards needed to establish having a meaningful management and assignment of stations to the Expanded interference protection for digital-to- staff presence, and serving as a location Band by prioritizing major interferers)? digital stations, much less digital-to- for the station’s public file. The With regard to migrating stations, the analog or digital-to-hybrid. The absence Commission continues to emphasize a Commission tentatively agrees with of a technical record leads the station’s function of meeting the needs those commenters who have suggested Commission to believe that it may be and interests of its community. At the that, in the event such migration is premature to discuss limiting the same time, however, it is aware of the allowed, a ‘‘flash cut’’ from the standard Expanded Band to all-digital operation; financial strain on many AM band authorization to the Expanded however it welcomes comments that broadcasters. Moreover, advances in Band operation should take place, that include technical data that would technology (e.g., email, mobile is, the standard band authorization further inform it on this issue. telephone, Internet) can enable members would be relinquished upon 21. Relaxed Main Studio of the community to contact station commencing Expanded Band Requirements. 47 CFR 73.1125(a) personnel without having to physically transmissions. The Commission seeks provides, in pertinent part, that ‘‘each visit the main studio. In fact, the other views on this matter, however. AM, FM, and TV broadcast station shall Commission has recently proposed 19. With regard to Expanded Band maintain a main studio’’ at a location requiring AM and FM broadcast stations technical facilities, currently stations in complying with paragraphs (a)(1)–(a)(3) to post their public files to the the Expanded Band are allotted on a of that section.1 Moreover, the Commission’s online database, which minimum distance separation standard Commission has long held that a station would make them accessible without similar to FM stations, rather than the must, at a minimum, maintain full-time the need for visiting a station’s offices contour-protection procedures used for managerial and full-time staff personnel or main studio. Expansion of Online standard band AM stations. As noted in at its main studio. Jones Eastern of the Public File Obligations, Notice of Technical Assignment Criteria, Outer Banks, Inc., Memorandum Proposed Rule Making, 29 FCC Rcd assigning channels based on contour Opinion and Order, 6 FCC Rcd 3615, 15943 (2014). protection maximizes the number of 3616 (1991). Commenters Blount 23. Despite these advances in stations on each channel, whereas Masscom, Inc., et al. (Blount), note that accessibility to broadcast stations and allotting stations based on spacing was the Commission often grants waivers of their personnel, the Commission is believed to promote a higher-quality the main studio requirement to reluctant to eliminate main studio technical service in the Expanded Band. noncommercial educational (NCE) requirements entirely, because of the 6 FCC Rcd at 6311–12. Commenters stations, allowing them to co-locate a aforementioned importance of the main favoring opening up the Expanded Band station’s main studio at the studio of studio to the goal of ensuring station overwhelmingly prefer instituting another station licensed to the same compliance with local service contour protection standards. The licensee that may be outside the obligations. The Commission therefore Commission seeks comment on the locations allowed by 47 CFR 73.1125(a), seeks comment on whether, and how, to relative merits of each method of and that the rule language contemplates modify the main studio rule in light of channel assignment or allotment. such waivers for commercial stations, its goal in this proceeding to revitalize Additionally, to the extent commenters although such waivers are seldom if the AM service. Should it continue to favor contour protection, they should ever granted. Blount proposes that AM address waivers of the main studio rule also address whether compliance with station owners be allowed to request on a case-by-case basis, but be more contour protection standards should be such waivers, or at a minimum that open to such requests by commercial limited to use of M3 ground certain classes of AM stations, notably stations that can co-locate in studio conductivity for contour prediction, or Class D stations, be allowed to do so. facilities used by co-owned stations in should the Commission allow use of Blount further proposes that AM a given market? Assuming that the measured ground conductivities in stations without co-owned main studios Commission were to allow relaxation of predicting contours? available should be allowed to adopt the requirement that each station 20. The Commission also seeks relaxed staffing requirements, such as maintain a separate main studio, is there comment on whether to allow other requiring staffing only during part of the a maximum number of co-located classes and powers of stations (except day or week, or allowing the use of stations that it should allow under one for Class D stations, which are no longer technology to permit members of the roof? If it were to allow co-location of authorized), to the extent permitted by public to contact station personnel who two or more stations, should it further our international agreements, or are not physically present at the main relax the requirements by allowing one whether it should authorize the same studio. Three other commenters support or more of the stations to be located power (e.g., 10 kW day/1 kW night) for Blount’s proposals. outside of the area dictated by 47 CFR all new Expanded Band stations. A 22. The Commission has historically 73.1125(a)(1) through (a)(3)? If one or related question would be whether to considered a station’s main studio to more co-located stations are allowed to allow complex directional patterns in constitute the location from which the locate outside the rule requirements, the Expanded Band or limit applications station can adequately meet its function should there be an absolute restriction to non-directional and simple of serving the needs and interests of the directional (i.e., no more than three- on the distance a co-locating station may move its studio from its community tower array) stations. If commenters 1 The acceptable locations of a main studio are: were to favor limiting the Expanded (1) Within the station’s community of license; (2) of license? Moreover, should the Band to all-digital stations, the at any location within the principal community Commission, as Blount suggests, relax Commission would seek comment as to contour of any AM, FM, or TV broadcast station the staffing requirement of full-time licensed to the station’s community of license; or management and staff presence for AM the contour protections and allocation (3) within 25 miles from the reference coordinates standards for all-digital operation. At of the center of the station’s community of license stations that do not have co-owned the moment, testing is continuing with as described in 47 CFR 73.208(a)(1). stations with which to co-locate studio

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facilities? Should any such relaxation of Document FCC 15–142 can also be generally defines the term ‘‘small staffing requirements necessarily be downloaded in Word or Portable entity’’ as having the same meaning as limited to such ‘‘stand alone’’ AM Document Format (PDF) at http:// the terms ‘‘small business,’’ ‘‘small stations? If the Commission were to www.fcc.gov/ndbedp. organization,’’ and ‘‘small governmental relax staffing requirements, what if any jurisdiction.’’ In addition, the term Ex Parte Rules conditions should be put in place to ‘‘small business’’ has the same meaning ensure that members of the public could 26. This proceeding shall be treated as as the term ‘‘small business concern’’ contact station personnel and receive a ‘‘permit-but-disclose’’ proceeding in under the Small Business Act. A ‘‘small timely responses? Should it require that accordance with the Commission’s ex business concern’’ is one which: (1) Is local mobile phone numbers for station parte rules. 47 CFR 1.1200 et seq. independently owned and operated; (2) management and staff be posted or Persons making ex parte presentations is not dominant in its field of operation; otherwise publicized? Should any must file a copy of any written and (3) satisfies any additional criteria relaxation of main studio or staffing presentation or a memorandum established by the Small Business rules be linked to a station’s posting of summarizing any oral presentation Administration (SBA). its public file to the Commission online within two business days after the 28. As required by the RFA (5 U.S.C. database? The Commission seeks presentation (unless a different deadline 603), Commission has prepared this comment addressing these and any applicable to the Sunshine period Initial Regulatory Flexibility Analysis other matters pertaining to AM stations’ applies). Persons making oral ex parte (IRFA) of the possible significant maintenance of fully staffed local main presentations are reminded that economic impact on a substantial studios. In particular, the Commission memoranda summarizing the number of small entities by the policies invites comment on the cost reductions presentation must (1) list all persons and rules proposed in the FNPRM. that may result from modification of the attending or otherwise participating in Written public comments are requested main studio rule. the meeting at which the ex parte on this IRFA. Comments must be presentation was made, and (2) identified as responses to the IRFA and Comments and Reply Comments summarize all data presented and must be filed by the deadlines for 24. Pursuant to §§ 1.415 and 1.419 of arguments made during the comments on the FNPRM provided in the Commission’s rules, 47 CFR 1.415, presentation. If the presentation paragraph 94 of the FNPRM. The 1.419, interested parties may file consisted in whole or in part of the Commission will send a copy of this comments and reply comments on or presentation of data or arguments entire FNPRM, including this IRFA, to before the dates indicated on the first already reflected in the presenter’s the Chief Counsel for Advocacy of the page of this document. Comments may written comments, memoranda or other Small Business Administration (SBA). be filed using the Commission’s filings in the proceeding, the presenter In addition, the FNPRM and the IRFA Electronic Comment Filing System may provide citations to such data or (or summaries thereof) will be (ECFS). See Electronic Filing of arguments in his or her prior comments, published in the Federal Register. Documents in Rulemaking Proceedings, memoranda, or other filings (specifying 63 FR 24121 (1998). the relevant page and/or paragraph Need for, and Objectives of, the • All hand-delivered or messenger- numbers where such data or arguments Proposed Rules delivered paper filings for the can be found) in lieu of summarizing 29. This rulemaking proceeding is Commission’s Secretary must be them in the memorandum. Documents initiated to obtain further comments delivered to FCC Headquarters at 445 shown or given to Commission staff concerning certain proposals designed 12th Street SW., Room TW–A325, during ex parte meetings are deemed to to revitalize the AM broadcast radio Washington, DC 20554. All hand be written ex parte presentations and service. It is based in substantial part on deliveries must be held together with must be filed consistent with 47 CFR proposals raised by commenters in this rubber bands or fasteners. Any 1.1206(b). In proceedings governed by rulemaking proceeding, in response to envelopes must be disposed of before 47 CFR 1.49(f) or for which the the Commission’s call in the original entering the building. Commission has made available a NPRM in this proceeding for further • Commercial Mail sent by overnight method of electronic filing, written ex ideas and proposals. mail (other than U.S. Postal Service parte presentations and memoranda 30. Specifically, the Commission Express Mail and Priority Mail) must be summarizing oral ex parte seeks comment on the following: (1) sent to 9300 East Hampton Drive, presentations, and all attachments Whether to change the nighttime and Capitol Heights, MD 20743. thereto, must be filed through the critical hours signal protection to Class • U.S. Postal Service first-class, electronic comment filing system A AM stations; (2) whether to change Express, and Priority mail should be available for that proceeding, and must the methodology for calculating addressed to 445 12th Street SW., be filed in their native format (e.g., .doc, nighttime root sum square (RSS) values; Washington, DC 20554. .xml, .ppt, searchable .pdf). Participants (3) whether to change daytime signal 25. This is a summary of the in this proceeding should familiarize protection to Class B, C, and D stations; Commission’s document FCC 15–142, themselves with the Commission’s ex (4) whether to revise the rule on where Revitalization of the AM Radio Service, parte rules. an FM cross-service translator station, Further Notice of Proposed Rulemaking re-broadcasting an AM station’s signal, (FNPRM) and Notice of Inquiry (NOI), Initial Regulatory Flexibility Analysis may be located relative to the AM adopted on October 21, 2015 and 27. The Regulatory Flexibility Act of station’s transmitter; (5) whether to released on October 23, 2015, in MB 1980, as amended (RFA), requires that a modify the rules governing partial Docket No. 13–249. The full text of regulatory flexibility analysis be proofs of performance of directional AM document FCC 15–142 will be available prepared for notice and comment rule antenna arrays; (6) whether to modify for public inspection and copying via making proceedings, unless the agency the rules for method of moments proofs ECFS, and during regular business certifies that ‘‘the rule will not, if for directional AM antenna arrays; and hours at the FCC Reference Information promulgated, have a significant (7) whether to require licensees holding Center, Portals II, 445 12th Street SW., economic impact on a substantial dual standard band-Expanded Band AM Room CY–A257, Washington, DC 20554. number of small entities.’’ The RFA licenses to surrender one of the licenses

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within one year of release of the Second entities that might be affected by our calculations would not change, only the Report and Order in this proceeding. action, because the revenue figure on values that are acceptable, so any which it is based does not include or additional burdens would be minimal. Legal Basis aggregate revenues from affiliated Likewise, the proposed revision to the 31. The authority for this proposed companies. In addition, an element of rules on where an FM translator rulemaking is contained in Sections 1, the definition of ‘‘small business’’ is that providing fill-in service for an AM 2, 4(i), 303, 307, and 309(j) of the the entity not be dominant in its field station may be sited will not require any Communications Act of 1934, 47 U.S.C. of operation. The Commission is unable additional calculations on the part of 151, 152, 154(i), 303, 307, and 309(j). at this time to define or quantify the the AM station proposing to locate or Description and Estimate of the Number criteria that would establish whether a relocate the translator. The proposal of Small Entities to Which the Proposed specific radio station is dominant in its merely relaxes the siting requirement Rules Will Apply field of operation. Accordingly, the and expands the area in which such a estimate of small businesses to which cross-service fill-in translator may be 32. The RFA directs the Commission rules may apply do not exclude any located. Thus, there should be no to provide a description of and, where radio station from the definition of a additional reporting or recordkeeping feasible, an estimate of the number of small business on this basis and burdens, and compliance with the siting small entities that will be affected by the therefore may be over-inclusive to that rules will be easier. The proposed proposed rules. The RFA generally extent. Also as noted, an additional modifications to the partial proof of defines the term ‘‘small entity’’ as element of the definition of ‘‘small performance and Method of Moments encompassing the terms ‘‘small business’’ is that the entity must be rules would not change any reporting or business,’’ ‘‘small organization,’’ and independently owned and operated. It is compliance requirements, insofar as AM ‘‘small governmental entity.’’ In difficult at times to assess these criteria licensees and applicants would not be addition, the term ‘‘small Business’’ has in the context of media entities and required to submit such proofs or the same meaning as the term ‘‘small Commission estimates of small models more frequently than is now the business concern’’ under the Small businesses to which they apply may be case. The only changes would be to Business Act. A small business concern over-inclusive to this extent. relax the requirements for making is one which: (1) Is independently proofs of performance or method of FM Translator Stations and Low-Power owned and operated; (2) is not moments models. Thus, the required FM Stations dominant in its field of operation; and submissions of such proofs and models (3) satisfies any additional criteria 34. The proposed policies could affect would be less burdensome on AM established by the SBA. licensees of FM translator stations, as broadcasters with directional antenna Radio Stations well as potential licensees in this radio arrays that are required to submit such service. The same SBA definition that information. Finally, the proposal to 33. The proposed rules and policies applies to radio broadcast licensees require surrender of licenses held by could apply to AM radio broadcast would apply to these stations. The SBA broadcasters with paired standard band- licensees, and potential licensees of the defines a radio broadcast station as a Expanded Band AM stations will not AM radio service. A radio broadcasting small business if such station has no change any reporting, recordkeeping, or station is an establishment primarily more than $38.5 million in annual other compliance requirements, and engaged in broadcasting aural programs receipts. See 13 CFR 121.201, NAICS will in fact reduce such requirements by radio to the public. Included in this code 515112. Currently, there are for such licensees by 50 percent. industry are commercial, religious, approximately 6,422 licensed FM educational, and other radio stations. translator and booster stations. In Steps Taken To Minimize Significant Radio broadcasting stations which addition, there are approximately 225 Impact on Small Entities, and primarily are engaged in radio applicants with pending applications Significant Alternatives Considered broadcasting and which produce radio filed in the 2003 translator filing 36. The RFA requires an agency to program materials are similarly window. Given the nature of these describe any significant alternatives that included. However, radio stations that services, it is presumed that all of these it has considered in reaching its are separate establishments and are licensees and applicants qualify as proposed approach, which may include primarily engaged in producing radio small entities under the SBA definition. the following four alternatives (among program material are classified under others): (1) The establishment of another NAICS number. The SBA has Description of Projected Reporting, differing compliance or reporting established a small business size Recordkeeping and Other Compliance requirements or timetables that take into standard for this category, which is: Requirements account the resources available to small Firms having $38.5 million or less in 35. The proposed rule and procedural entities; (2) the clarification, annual receipts. 13 CFR 121.201, NAICS changes may, in some cases, impose consolidation, or simplification of code 515112 (updated for inflation in different reporting, recordkeeping, or compliance or reporting requirements 2008). According to the BIA/Kelsey, other requirements on existing and under the rule for small entities; (3) the MEDIA Access Pro Database on October potential AM radio licensees and use of performance, rather than design, 15, 2015, 4,691 (99.94%) of 4,694 a.m. permittees. In the case of proposed standards; and (4) an exemption from radio stations have revenues of $38.5 changes to the technical rules regarding coverage of the rule, or any part thereof, million or less. Therefore, the majority calculation of daytime and nighttime for small entities. 5 U.S.C. 603(b). In the of such entities are small entities. The interfering contours, and changes to FNPRM, the Commission seeks to assist Commission noted, however, that, in daytime, nighttime, and critical hours AM broadcasters by changing certain assessing whether a business concern protection to some stations, there would daytime, nighttime, and critical hours qualifies as small under the above be changes in the calculation of inter- interference protection standards as definition, business (control) affiliations station interference and reporting of they apply to certain classes of AM must be included. See 13 CFR same. However, the information to be stations; proposes relaxing the rules on 121.103(a)(1). This estimate, therefore, filed is already familiar to broadcasters, siting of FM translators providing fill-in likely overstates the number of small and the nature of the interference service for AM broadcast stations;

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proposes to modify the measurement (Braille, large print, electronic files, PART 73—RADIO BROADCAST requirements for AM directional audio format), send an email to fcc504@ SERVICES antenna system partial proofs of fcc.gov or call the Consumer and performance in order to make them less Governmental Affairs Bureau at 202– ■ 1. The authority citation for part 73 burdensome; and proposes to modify 418–0530 (voice), 202–418–0432 (TTY). continues to read as follows: the rules for submitting method of Authority: 47 U.S.C. 154, 303, 334, 336, moments models of proposed AM Ordering Clauses and 339. directional antenna systems, in order to 39. Accordingly, it is ordered that, ■ 2. In § 73.21 revise paragraphs (a) make those rules less burdensome. The pursuant to sections 4(i), 301, 303(r), introductory text and (a)(1) to read as Commission also seeks either to reduce 316, and 403 of the Communications follows: interference in the standard AM band Act of 1934, as amended, 47 U.S.C. or, alternatively, to create more § 73.21 Classes of AM broadcast channels spectrum in the Expanded AM Band, by 154(i), 301, 303(r), 316, 403, this Further and stations. Notice of Proposed Rulemaking is requiring that the 25 remaining (a) Clear channel. A clear channel is adopted. licensees holding paired authorizations one on which stations are assigned to in both bands surrender one of the 40. It is further ordered that, pursuant serve wide areas. These stations are paired licenses. Under the to Sections 1, 303(g), and 403 of the protected from objectionable Commission’s proposal, such a licensee Communications Act of 1934, as interference within their primary would be given one year from adoption amended, 47 U.S.C. 151, 303(g), and service areas. Stations operating on of this proposal in which to elect which 403, and Section 1.430 of the these channels are classified as follows: authorization it would surrender. The Commission’s rules, 47 CFR 1.430, that (1) Class A station. A Class A station Commission seeks comment as to this Notice of Inquiry is adopted. is an unlimited time station that whether its goal of revitalizing the AM operates on a clear channel and is service could be effectively List of Subjects designed to render primary service over accomplished through these means. The 47 CFR Part 73 an extended area at relatively long Commission is open to consideration of distances from its transmitter. Its alternatives to the proposals under Communications equipment, Radio, primary service area is protected from consideration, as set forth herein, Reporting and recordkeeping objectionable interference from other including but not limited to alternatives requirements. stations on the same and adjacent that will minimize the burden on AM channels. The operating power shall not broadcasters, most of which are small 47 CFR Part 74 be less than 10 kW nor more than 50 businesses. There may be unique Communications equipment, Radio. kW. (Also see § 73.25(a)). circumstances these entities may face, * * * * * and the Commission will consider Federal Communications Commission. appropriate action for small Gloria J. Miles, § 73.24 [Amended] broadcasters when preparing a Second Federal Register Liaison Officer. Office of the ■ 3. In § 73.24 remove paragraph (h) and Report and Order in this matter. Secretary. redesignate paragraphs (i) and (j) as paragraphs (h) and (i), respectively. Federal Rules Which Duplicate, Proposed Rule Changes Overlap, or Conflict With, the ■ 4. In § 73.37 revise the table following Commission’s Proposals For the reasons discussed in the paragraph (a) to read as follows: 37. None. preamble, the Federal Communications § 73.37 Applications for broadcast 38. To request materials in accessible Commission proposes to amend 47 CFR facilities, showing required. formats for people with disabilities parts 73 and 74 as follows: (a) * * *

Contour of proposed Frequency separation station (classes B, Contour of any other station (kHz) C and D) (mV/m) (mV/m)

0 ...... 0.005 0.100 (Class A). 0.100 2.0 (Other classes). 2.0 0.100 (Other classes). 10 ...... 0.500 0.500 (Class A). 2.0 2.0 (Other classes). 20 ...... 25.0 25.0 (All classes).

* * * * * is submitted that is based on computer reference location at the time of the ■ 5. In § 73.151 revise paragraph (c)(3) modeling and sample system proof of performance. The license to read as follows: verification, reference field strength application shall include the measured measurement locations shall be field strength values at each reference § 73.151 Field strength measurements to establish performance of directional established in the directions of pattern point, along with a description of each antennas. minima and maxima. On each radial measurement location, including GPS * * * * * corresponding to a pattern minimum or coordinates and datum reference. New (c) * * * maximum, there shall be at least three reference field strength measurements (3) When the application for an initial measurement locations. The field are not required for subsequent license license for a directional antenna system strength shall be measured at each

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applications for the same directional (2) Class B stations are stations which relative to Class B, Class C, and Class D antenna system and physical facilities. operate on clear and regional channels stations in Alaska, Hawaii, Puerto Rico ■ 6. In § 73.154, revise paragraph (a) to with powers not less than 0.25 kW or and the U.S. Virgin Islands. Stations in read as follows: greater than 50 kW. These stations the above-named places that are render primary service, the area of reclassified from Class C to Class B § 73.154 AM directional antenna partial which depends on their geographic stations under § 73.26(b) shall not be proof of performance measurements. location, power, and frequency. It is authorized to increase power to levels (a) A partial proof of performance recommended that Class B stations be that would increase the nighttime consists of at least 8 field strength located so that the interference received interference-free limit of co-channel measurements made on each of the from other stations will not limit the Class C stations in the conterminous radials that includes a monitoring point. service area to a groundwave contour United States. * * * * * value greater than 2.0 mV/m (b) When a station is already limited groundwave contour both daytime and by interference from other stations to a § 73.155 [Removed] nighttime, which are the values for the contour value greater than that normally ■ 7. Remove § 73.155. mutual protection between this class of protected for its class, the individual ■ 8. Revise § 73.182 to read as follows: stations and other stations of the same received limits shall be the established § 73.182 Engineering standards of class. standard for such station with respect to allocation. (3) Class C stations operate on local interference from each other station. channels, normally rendering primary (c) All classes of AM broadcast (a) Sections 73.21 to 73.37, inclusive, service to a community and the stations have in general three types of govern allocation of facilities in the AM suburban or rural areas immediately service areas, i.e., primary, secondary broadcast band 535–1705 kHz. § 73.21 contiguous thereto, with powers not less and intermittent. (See § 73.14 for the establishes three classes of channels in than 0.25 kW or greater than 1 kW, definitions of primary, secondary and this band, namely, clear, regional and except as provided in § 73.21(c)(1). Such intermittent service areas.) All classes of local. The classes and power of AM stations are normally protected to the AM stations render service to a primary broadcast stations which will be daytime 2.0 mV/m contour. On local area but the secondary and intermittent assigned to the various channels are set channels the separation required for the service areas may be materially limited forth in § 73.21. The classifications of daytime protection shall also determine or destroyed due to interference from the AM broadcast stations are as the nighttime separation. Where other stations, depending on the station follows: directional antennas are employed assignments involved. (1) Class A stations operate on clear daytime by Class C stations operating (d) The groundwave signal strength channels with powers between 10 kW with power equal to or greater than 0.25 required to render primary service is 2 and 50 kW. These stations are designed kW, the separations required shall in no mV/m for communities with to render primary service over a large case be less than those necessary to populations of 2,500 or more and 0.5 area protected from objectionable afford protection assuming mV/m for communities with interference from other stations on the nondirectional operation with power of populations of less than 2,500. Because same and adjacent channels. Class A 0.25 kW. In no case will nighttime only Class A stations have protected stations may be divided into two power of 0.25 kW or greater be primary service extending beyond the 2 groups: Those located in any of the authorized to a station unable to operate mV/m contour, the groundwave signal conterminous United States and those nondirectionally with power of 0.25 kW strength constituting primary service for located in Alaska. during daytime hours. The actual Class A stations is that set forth in (i) Class A stations in the nighttime limitation will be calculated. paragraphs (a)(1)(i) and (ii) of this conterminous United States operate on For nighttime protection purposes, Class section. See § 73.184 for curves showing the channels assigned by § 73.25 with C stations in the 48 conterminous distance to various groundwave field minimum power of 10 kW, maximum United States may assume that stations strength contours for different power of 50 kW, and minimum antenna in Alaska, Hawaii, Puerto Rico, and the frequencies and ground conductivities, efficiency of 275 mV/m/kW at 1 U.S. Virgin Islands operating on 1230, and also see § 73.183, ‘‘Groundwave kilometer. The Class A stations in this 1240, 1340, 1400, 1450, and 1490 kHz signals.’’ group are afforded protection, both are Class C stations. (e) A Class C station may be daytime and nighttime, to the 0.1 (4) Class D stations operate on clear authorized to operate with a directional mV/m groundwave contour from other and regional channels with daytime antenna during daytime hours providing stations on the same channel, and are powers of not less than 0.25 kW (or the power is at least 0.25 kW. In afforded both daytime and nighttime equivalent RMS field of 107.5 mV/m at computing the degrees of protection protection to the 0.5 mV/m groundwave 1 kilometer if less than 0.25 kW) and not which such antenna will afford, the contour from other stations on first more than 50 kW. Class D stations that radiation produced by the directional adjacent channels. have previously received nighttime antenna system will be assumed to be (ii) Class A stations in Alaska operate authority to operate with powers of less no less, in any direction, than that on the channels assigned by § 73.25 0.25 kW (or equivalent RMS fields of which would result from non- with minimum power of 10 kW, less than 107.5 mV/m at 1 kilometer) are directional operation using a single maximum power of 50 kW, and not required to provide nighttime element of the directional array, with minimum antenna efficiency of 215 coverage in accordance with § 73.24(i) 0.25 kW. mV/m/kW at 1 kilometer. The Class A and are not protected from interference (f) All classes of broadcast stations stations in this group are afforded during nighttime hours. Such nighttime have primary service areas subject to protection, both daytime and nighttime, authority is permitted on the basis of limitation by fading and noise, and to the 0.1 mV/m groundwave contour full nighttime protection being afforded interference from other stations to the from other stations on the same channel to all Class A and Class B stations. contours set out for each class of station. and to the 0.5 mV/m groundwave Note to paragraph (a): See (g) Broadcast stations are licensed to contour from other stations on first §§ 73.21(b)(1) and 73.26(b) concerning operate unlimited time, limited time, adjacent channels. power restrictions and classifications daytime, share time, and specified

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hours. (See §§ 73.1710, 73.1725, decrease in the calculated RSS value of studies, resulting in an RSS value of 73.1720, 73.1715, and 73.1730.) interference. In order to provide the 1.47 mV/m. However, if the proposed Applications for new stations shall Commission with more realistic station is ultimately authorized, only specify unlimited time operation only. information regarding gains and losses No. 1 and the new signal are included (h) Section 73.24 sets out the general in service (as a basis for determination in all subsequent calculations for the requirements for modifying the facilities of the relative merits of a proposed reason that Nos. 2 and 3 are less than of a licensed station and for establishing operation) the following alternate 50% of 1.21 mV/m, the RSS value of the a new station. Sections 73.24(b) and method for calculating the proposed new signal and No. 1. 73.37 include interference related RSS values of interference will be (iii) Station A receives interferences provisions that be considered in employed wherever applicable. from: connection with an application to (4) In cases where it is proposed to modify the facilities of an existing add a new interfering signal which is Station No. 1—1.00 mV/m. station or to establish a new station. not less than 50% of the RSS value of Station No. 2—0.60 mV/m. Section 73.30 describes the procedural interference from existing stations or Station No. 3—0.59 mV/m. steps required to receive an which is greater than the smallest signal authorization to operate in the 1605– already included to obtain this RSS No. 1 proposes to increase the 1705 kHz band. value, the RSS limitation after addition limitation it imposes on Station A to (i) Objectionable nighttime of the new signal shall be calculated 1.21 mV/m. Although the limitations interference from a broadcast station without excluding any signal previously from stations Nos. 2 and 3 are less than occurs when, at a specified field included. Similarly, in cases where it is 50% of the 1.21 mV/m limitation, under strength contour with respect to the proposed to increase the value of one of the above provision they are desired station, the field strength of an the existing interfering signals which nevertheless included for comparative undesired co-channel station exceeds has been included in the RSS value, the studies, and the RSS limitation is for 10% or more of the time the values RSS limitation after the increase shall be calculated to be 1.47 mV/m. However, if set forth in these standards. The value calculated without excluding the the increase proposed by Station No. 1 derived from the root-sum-square of all interference from any source previously is authorized, the RSS value then interference contributions represents the included. calculated is 1.21 mV/m because extent of a station’s interference-free (5) If the new or increased signal Stations Nos. 2 and 3 are excluded in coverage. proposed in such cases is ultimately view of the fact that the limitations they (1) With respect to the root-sum- authorized, the RSS values of impose are less than 50% of 1.21 mV/ square (RSS) values of interfering field interference to other stations affected m. strengths referred to in this section, will thereafter be calculated by the 50% (j) Objectionable nighttime calculation of nighttime interference- Exclusion Method without regard to this interference from a station shall be free service is accomplished by alternate method of calculation. considered to exist to a station when, at considering co-channel signals in order (6) Examples of RSS interference the field strength contour specified in of decreasing magnitude, adding the calculations: paragraph (o) of this section with squares of the values and extracting the (i) Existing interferences: respect to the class to which the station square root of the sum, excluding those Station No. 1—1.00 mV/m. belongs, the field strength of an signals which are less than 50% of the Station No. 2—0.60 mV/m. interfering station operating on the same RSS values of the higher signals already Station No. 3—0.59 mV/m. channel exceeds for 10% or more of the included. This is known as the ‘‘50% Station No. 4—0.58 mV/m. time the value of the permissible Exclusion Method.’’ The RSS value from Nos. 1, 2 and 3 interfering signal set forth opposite such (2) The RSS value will not be is 1.31 mV/m; therefore interference class in paragraph (o) of this section. considered to be increased when a new from No. 4 is excluded for it is less than interfering signal is added which is less 50% of 1.31 mV/m. (k) For the purpose of estimating the than the appropriate exclusion (ii) Station A receives interferences coverage and the interfering effects of percentage as applied to the RSS value from: stations in the absence of field strength of the interference from existing Station No. 1—1.00 mV/m. measurements, use shall be made of stations, and which at the same time is Station No. 2—0.60 mV/m. Figure 8 of § 73.190, which describes not greater than the smallest signal Station No. 3—0.59 mV/m. the estimated effective field (for 1 kW included in the RSS value of It is proposed to add a new limitation, power input) of simple vertical interference from existing stations. 0.68 mV/m. This is more than 50% of omnidirectional antennas of various (3) It is recognized that application of 1.31 mV/m, the RSS value from Nos. 1, heights with ground systems having at the 50% Exclusion Method for 2 and 3. The RSS value of Station No. least 120 quarter-wavelength radials. calculating the RSS interference may 1 and of the proposed station would be Certain approximations, based on the result in some cases in anomalies 1.21 mV/m which is more than twice as curve or other appropriate theory, may wherein the addition of a new large as the limitation from Station No. be made when other than such antennas interfering signal or the increase in 2 or No. 3. However, under the above and ground systems are employed, but value of an existing interfering signal provision the new signal and the three in any event the effective field to be will cause the exclusion of a previously existing interferences are nevertheless employed shall not be less than the included signal and may cause a calculated for purposes of comparative following:

Effective field Class of station (at 1 km)

All Class A (except Alaskan) ...... 275 mV/m. Class A (Alaskan), B and D ...... 215 mV/m. Class C ...... 180 mV/m.

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Note (1) to paragraph (k): When a from stations on the same or adjacent field strength for stations on a single directional antenna is employed, the radiated channels shall be determined by actual signal or an RSS basis, Formula 2 in signal of a broadcasting station will vary in measurements made in accordance with § 73.190 shall be used. strength in different directions, possibly the method described in § 73.186, or in (3) Determination of angles of being greater than the above values in certain the absence of such measurements, by directions and less in other directions departure. In calculating skywave field depending upon the design and adjustment reference to the propagation curves of strength for stations on all channels, the of the directional antenna system. To § 73.184. The existence or absence of pertinent vertical angle shall be determine the interference in any direction, objectionable interference due to determined by use of the formula in the measured or calculated radiated field skywave propagation shall be § 73.190(d). (unattenuated field strength at 1 kilometer determined by reference to Formula 2 in (n) The distance to any specified from the array) must be used in conjunction § 73.190. with the appropriate propagation curves. (See (m) Computation of skywave field groundwave field strength contour for § 73.185 for further discussion and solution strength values: any frequency may be determined from of a typical directional antenna case.) (1) Fifty percent skywave field the appropriate curves in § 73.184 strength values. To compute fifty entitled ‘‘Ground Wave Field Strength Note (2) to paragraph (k): For Class B vs. Distance.’’ stations in Alaska, Hawaii, Puerto Rico, and percent skywave field strength values, the U.S. Virgin Islands, 180 mV/m shall be Formula 1 of § 73.190, entitled (o) Normally protected service used. ‘‘Skywave field strength, 50% of the contours and permissible interference time (at SS+6)’’ shall be used. signals for broadcast stations are as (l) The existence or absence of (2) Ten percent skywave field strength follows (for Class A stations, see also objectionable groundwave interference values. In computing the 10% skywave paragraph (a) of this section):

Signal strength contour of area protected from Permissible interfering signal objectionable interference (μV/m) Class of channel μ Class of station used ( V/m) Day 1 Night Day 1 Night 1

A ...... Clear ...... SC 100 ...... SC 100 ...... SC 5 ...... SC 5.1 AC 500 ...... AC 500 ...... AC 500 ...... AC 500.1 B ...... Clear ...... 2000 ...... 2000 ...... SC 100 ...... 25.2 Regional ...... AC 2000 ...... Not presc. C ...... Local ...... 2000 ...... Not presc 3 ...... SC 100 ...... Not presc. D ...... Clear ...... 2000 ...... Not presc ...... SC 100 ...... Not presc. Regional ...... AC 2000 ...... Not presc. 1 Groundwave. 2 Skywave field strength for 10 percent or more of the time. 3 During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations. Note: SC = Same channel; AC = Adjacent channel; SW = Skywave; GW = Groundwave.

(p) The following table of logarithmic ratio of the field strength of a desired to contours specified in paragraph (q) of expressions is to be used as required for an undesired signal. This table shall be this section. determining the minimum permissible used in conjunction with the protected

Desired Groundwave to: Frequency separation of desired to undesired signals Undesired Undesired (kHz) groundwave 10% Skywave (dB) (dB)

0 ...... 26 26 10 ...... 0 0

(q) Two stations, one with a frequency the intermediate frequency of such Note to paragraph (r): Two stations are twice of the other, should not be receivers, the Commission, in general, considered to be operated synchronously assigned in the same groundwave will not take this kind of interference when the carriers are maintained within 0.2 service area unless special precautions into consideration when authorizing Hz of each other and they transmit identical are taken to avoid interference from the stations. programs. second harmonic of the station (r) The groundwave service of two operating on the lower frequency. stations operating with synchronized § 73.187 [Removed] Additionally, in selecting a frequency, carriers and broadcasting identical ■ 9. Remove § 73.187. consideration should be given to the fact programs will be subject to some that occasionally the frequency distortion in areas where the signals PART 74—EXPERIMENTAL RADIO, assignment of two stations in the same from the two stations are of comparable AUXILIARY, SPECIAL BROADCAST area may bear such a relation to the strength. For the purpose of estimating AND OTHER PROGRAM intermediate frequency of some coverage of such stations, areas in DISTRIBUTIONAL SERVICES broadcast receivers as to cause ‘‘image’’ which the signal ratio is between 1:2 interference, However, since this can and 2:1 will not be considered as ■ 10. The authority citation for part 74 usually be rectified by readjustment of receiving satisfactory service. continues to read as follows:

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Authority: 47 U.S.C. 154, 302a, 303, 307, sea, i.e. mothership and catcher/ to OMB by email to OIRA_Submission@ 309, 336 and 554. processor vessels, and Shorebased omb.eop.gov or fax to (202) 395–7285. ■ 11. In § 74.1201, revise paragraph (g) Individual Fishery Quota Program (IFQ) SUPPLEMENTARY INFORMATION: to read as follows: first receivers. For motherships and catcher/processors that weigh fish at Motherships and Catcher/Processors § 74.1201 Definitions. sea, the proposed action would require An at-sea scale program was * * * * * the use of updated scale technology, developed for the Alaska groundfish (g) Translator coverage contour. For a require enhanced daily scale testing for fishery in 1998 to provide catch fill-in FM translator rebroadcasting an flow scales (also known as belt scales), accounting that was more precise and FM radio broadcast station as its and require the use of video to monitor verifiable at the individual haul level primary station, the FM translator’s the flow scale and the area around the and less dependent on estimates coverage contour must be contained flow scale. For Shorebased IFQ first generated by at-sea observers (February within the primary station’s coverage receivers, the proposed action would 4, 1998; 63 FR 5836). The at-sea scale contour. For purposes of this rule add criteria for inseason flow scale tests. program supported implementation of a section, the coverage contour of the FM In addition, the action includes large-scale quota share program that translator has the same field strength housekeeping changes that are intended required verifiable and defensible value as the protected contour of the to better align the regulations with estimates of harvest. Since primary FM station (i.e., for a defined terms, and to provide clarity implemenation of those weighing commercial Class B FM station it is the and consistency between paragraphs. requirements in 1998, at-sea scales have predicted 0.5 mV/m field strength Action is needed to provide precise and been used to provide reliable, precise contour, for a commercial Class B1 FM accurate catch estimates and to reduce and accurate estimates of catch in the station it is the predicted 0.7 mV/m the likelihood that vessels will under Alaskan groundfish fisheries. At the field strength contour, and for all other report harvests. same time, scale technology has evolved classes of FM stations it is the predicted and NMFS has developed greater DATES: Comments on this proposed rule expertise in monitoring processing 1 mV/m field strength contour). The must be received by February 18, 2016. coverage contour of an FM translator activity. rebroadcasting an AM radio broadcast ADDRESSES: You may submit comments Recent fraud on some vessels was station as its primary station must be on this document, identified by NOAA– found to have resulted in systematic contained within the greater of either NMFS–2015–0150, by any of the underestimates of scale weights used for the 2 mV/m daytime contour of the AM following methods: catch accounting. As a result, at-sea station or a 25-mile (40 km) radius • Electronic Submissions: Submit all flow scale regulations for the Alaska centered at the AM transmitter site, but electronic public comments via the Region at 50 CFR 679.28 were revised the translator’s 1 mV/m coverage Federal e-Rulemaking Portal. Go to on December 18, 2014 (November 18, contour may not extend beyond a 40- www.regulations.gov/ 2014; 79 FR 68610) to improve scale mile (64 km) radius centered at the AM #!docketDetail;D=NOAA-NMFS-2015- accuracy and reduce bias. Revisions to transmitter site. The protected contour 0150, click the ‘‘Comment Now!’’ icon, the Alaska regulations included a suite for an FM translator station is its complete the required fields, and enter of modifications to the at-sea scales predicted 1 mV/m contour. or attach your comments. program that included the use of flow • Mail: William W. Stelle, Jr., scales capable of logging and printing * * * * * the frequency and magnitude of scale [FR Doc. 2015–31949 Filed 1–15–16; 8:45 am] Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way calibrations relative to previous BILLING CODE 6712–01–P calibrations as well as the time and date NE., Seattle, WA 98115–0070; Attn: of each scale fault (or error) and scale Becky Renko. startup time; revised daily scale test DEPARTMENT OF COMMERCE Instructions: Comments sent by any methods; and new requirements for other method, to any other address or video monitoring. National Oceanic and Atmospheric individual, or received after the end of In 2011, a trawl rationalization Administration the comment period, may not be program was implemented for the considered by NMFS. All comments Pacific Coast groundfish fishery which 50 CFR Part 660 received are a part of the public record included scale requirements specified in [Docket No. 151005920–5999–01] and will generally be posted for public regulation at § 660.15(b) (December 15, viewing on www.regulations.gov 2010; 75 FR 78344). These regulations RIN 0648–BF39 without change. All personal identifying require mothership and catcher/ information (e.g., name, address, etc.), Fisheries Off West Coast States; processor vessels to use scales certified confidential business information, or for the Alaska groundfish fisheries. Pacific Coast Groundfish Fishery otherwise sensitive information Management Plan; Trawl Modifying the Pacific Coast groundfish submitted voluntarily by the sender will fishery regulations to be consistent with Rationalization Program; Flow Scale be publicly accessible. NMFS will Requirements the Alaska Region’s 2014 regulation accept anonymous comments (enter ‘‘N/ updates would bring the regulations up AGENCY: National Marine Fisheries A’’ in the required fields if you wish to to date with current technology, reduce Service (NMFS), National Oceanic and remain anonymous). the potential for scale tampering, and Atmospheric Administration (NOAA), Written comments regarding the improve catch accounting accuracy. Commerce. burden-hour estimates or other aspects Catch estimates based on inaccurate ACTION: Proposed rule; request for of the collection-of-information scale weights could systematically comments. requirements contained in this proposed underestimate harvests. Given the rule may be submitted to William W. importance of using accurate and SUMMARY: This proposed rule would Stelle Jr., Regional Administrator, West reliable catch accounting data for revise scale requirements for processing Coast Region NMFS, 7600 Sand Point management of the groundfish stocks, vessels that are required to weigh fish at Way NE., Seattle, WA 98115–0070 and NMFS is proposing revisions consistent

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with the revisions made for the Alaska subject to at-sea scales requirements are vessel responsibilities relative to groundfish fishery and with the intent already required to have video systems observer platform scale. of enforcement and monitoring for the Alaska fisheries. Therefore, the Classification provisions implemented under increased burden to the processing Amendment 20 to the Pacific Coast vessels would primarily be the time to NMFS has made a preliminary groundfish fishery management plan operate the systems while fishing in the determination that the proposed action (FMP). Pacific whiting fishery. is consistent with FMP, the Magnuson This proposed rule would update the Stevens Conservation and Management requirements for scales consistent with IFQ First Receivers Act, and other applicable laws. In the Alaska regulations at § 679.28. Regulations at § 660.15(c) define the making its final determination, NMFS Improved scale technology includes performance and technical requirements will take into account the complete features that allow NMFS to determine for scales used to weigh fish at record, including the data, views, and how well the flow scales are performing, Shorebased IFQ first receivers. Since the comments received during the comment and improve the accuracy and reliability Shorebased IFQ program was period. The Office of Management and Budget of flow scale measurements. Because the implemented in 2011, some Shorebased has determined that this proposed rule mothership and catcher/processor IFQ first recievers located in Oregon and is not significant for purposes of vessels already have upgraded scale Washington have installed flow scales. Executive Order 12866. systems for the Alaska Fisheries, and The states of Oregon and Washington the scales are certified through annual The Chief Counsel for Regulation of test the flow scales consistent with the Department of Commerce certified testing provided by the Alaska Region, national weights and measures aligning the performance and technical to the Chief Counsel for Advocacy of the standards. This action would revise Small Business Administration (SBA) requirements is reasonable and not regulations to include performance and expected to result in added costs to the that this proposed rule, if adopted, technical requirements for flow scales would not have a significant economic vessels. used at IFQ first receivers. In addition, Regulatory revisions would include impact on a substantial number of small several minor technical changes would improvements to daily scale tests. The entities. be made. The regulatory changes for types of material used for the daily scale The SBA has established size criteria first receivers would include revisions test would be limited to test materials for all major industry sectors in the to inseason scale test requirements (i.e., pre-weighed sand bags) supplied United States, including fish harvesting specific to flow scales; adding catch by the scale manufacturer or approved and fish processing businesses. A monitors to the list of individuals that by a NMFS-authorized scale inspector. business involved in fish harvesting is have access to scale displays and The minimum amount of weight for a small business if it is independently each test and the number of runs would printouts; revisions to inseason scale owned and operated and not dominant be clearly stated in regulations. In test requirements specific to flow scales; in its field of operation (including its addition, new requirements for and the correction of a value for affiliates) and if it has combined annual documenting failed scale tests, and maximum error in scale divisions. receipts not in excess of $20.5 million printing audit and calibration reports Housekeeping for all its affiliated operations would be specified. worldwide. For commercial shellfish Regulatory revisions would require Numerous minor changes would be harvesters, the other qualifiers apply that all mothership and catcher/ made throughout the regulations at 50 and the receipts threshold is $5.5 processors vessels use video monitoring CFR 660.15, 660.113, 660.150 and million. For other marine fishing, a systems that meet the Alaska fishery 660.160 for clarity, to better align small business is one with annual system requirements, specified at different sections of the regulations, to receipts not in excess of $7.5 million. § 679.28(e), when they are fishing in the update cross references, and for For purposes of rulemaking, NMFS is Pacific Coast groundfish fishery. The consistency in the use of terms. applying the $20.5 million standard to video monitoring systems allow the Paragraph 660.15(a) is revised to remove catcher/processors because they are activities around the flow scale to be reporting requirements that are repeated involved in the commercial harvest of monitored to ensure that the flow scale in other more appropriate sections of finfish. A seafood processor is a small is functioning properly (e.g., that the the regulations. Regulatory language business if it is independently owned flow scale is not running while in a fault originally adopted from the Alaska and operated, not dominant in its field (error) state); ensure that all fish are Groundfish fisheries is not consistent of operation, and employs 500 or fewer being weighed; detect when crew with language used for the Pacific Coast persons on a full time, part time, members are working on the flow scale; groundfish fishery; therefore, minor temporary, or other basis, at all its and ensure that daily flow scale tests are revisions are made to paragraph affiliated operations worldwide. A being conducted on the required § 660.15(b) for clarity and to be wholesale business servicing the fishing schedule and with the appropriate test consistent with other sections of the industry is a small business if it weights. The video systems would be Pacific Coast groundfish regulations. employs 100 or fewer persons on a full required to capture imagery of areas Minor changes are made at § 660.15(c) time, part time, temporary, or other where the catch enters, moves across to revise terms for consistent use basis, at all its affiliated operations and leaves the scale; of any access throughout the regulations. Minor worldwide. points that may be adjusted or modified changes are made at § 660.113 to revise The mothership and catcher/ by crew; and of the scale display and terms for consistent use throughout the processor vessels affected by the the indicator of when the scale is regulations and update cross references. proposed action have gross revenues operating in a fault state. Consistent Minor changes are made §§ 660.150(b) that exceed $20.5 million and thus are with the Alaska requirements, the vessel and 660.160(b) to revise terms for not considered to be small entities. operator would be required to maintain consistent use throughout the IFQ first receivers receive, purchase, the video imagery for at least 120 days regulations, and update cross references, or take custody, control, or possession and make the imagery available to to add missing references for cease of fish onshore directly from IFQ NMFS upon request. All of the vessels fishing reports and to add clarity to the vessels. In 2012, a total of 26 companies

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accepted IFQ fish as first receivers: nine accuracy standards set out by the List of Subjects in 50 CFR Part 660 accepted Pacific whiting, 25 accepted National Institute of Standards and Fisheries, Fishing, and Indian fish from the IFQ non-whiting trawl, Technology, the cost of inseason testing fisheries. and 19 accepted fish from the non-trawl to ensuring compliance between state IFQ. Sixteen of the 26 IFQ first receivers testings is expected to be minimal. The Dated: January 8, 2016. are independently owned and operated, proposed action is not expected to result Samuel D. Rauch III, not dominant in their field of operation, in a significant economic effect on a Deputy Assistant Administrator For and employ 500 or fewer persons on a substantial number of small entities. Regulatory Programs, National Marine Fisheries Service. full time, part time, temporary, or other Establishing inseason scale test criteria basis, at all affiliated operations for this new type of scale would result For the reasons set out in the worldwide, and are considered small in inseason scale test requirements that preamble, 50 CFR part 660 is proposed businesses under the SBA guidelines. are more equitable between all first to be amended as follows: First receiver earnings are comprised of receivers. The proposed action is PART 660—FISHERIES OFF WEST fish sales, offloading revenue, custom primarily administrative in bringing the COAST STATES processing revenue, and revenue from regulations up to date with current leasing or selling quota. practices. An initial regulatory ■ Although the inclusion of inseason 1. The authority citation for part 660 flow scale testing criteria affects all first flexibility analysis is not required and continues to read as follows: none has been prepared because this receivers, it is unlikely that smaller non- Authority: 16 U.S.C. 1801 et seq., 16 whiting first receivers will have the proposed rule would not have a U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. need to install flow scales. To date, flow significant economic impact on a ■ 2. In § 660.15, revise paragraphs (a), scales have been used by Pacific whiting substantial number of small entities. (b), (c), and add paragraph (e) to read as first receivers to weigh large volumes of This proposed rule contains a follows: unsorted fish. The only groundfish collection-of-information requirement fishery allowed to land large volumes of subject to review and approval by OMB § 660.15 Equipment requirements. unsorted fish is the Pacific whiting under the Paperwork Reduction Act (a) Applicability. This section fishery. Two of the nine first receivers (PRA). This requirement has been contains the equipment and operational who accept and purchase Pacific submitted to OMB for approval as requirements for scales used to weigh whiting would be considered small revisions to OMB collection 0648–0619. fish at sea, scales used to weigh fish at according to the SBA guidelines. Some The public reporting burden for the at- IFQ first receivers, video monitoring of the Pacific whiting first receivers sea scale requirements, including daily systems, computer hardware for share ownership of vessels and some test reports (30 minute per response), electronic fish ticket software, and companies own multiple first receiver daily catch and cumulative weight computer hardware for electronic facilities. In addition to Pacific whiting, reports (10 min per response), the audit logbook software. (b) Scales used to weigh fish at sea. the Pacific whiting first receivers trail (1 minute per response), calibration Vessel owners, operators, and managers process other Pacific Coast species log (1 minute per response), fault log (1 are jointly and severally responsible for including: Pink shrimp, non-whiting minute per response) and video their vessel’s compliance with the groundfish, crab, and coastal pelagic monitoring (0 minute per response), is species. requirements specified in this section. Current regulations require IFQ first estimated to average 43 minutes per (1) Performance and technical receivers to use scales that are tested for response. requirements for scales in the MS and accuracy and approved for use by the Public comment is sought regarding C/P Coop Programs. A scale used to state where the scale is located. During whether this proposed collection of weigh fish in the MS and C/P Coop the fishing season NMFS staff, NMFS- information is necessary for the proper Programs must meet the type authorized personnel, and authorized performance of the functions of the evaluation, initial inspection, and officers conduct accuracy tests on scales agency, including whether the annual reinspection requirements set used to weigh IFQ fish. Inseason test information shall have practical utility; forth in 50 CFR 679.28(b)(1) and (2), and criteria are needed to determine if the the accuracy of the burden estimate; must be approved by NMFS to weigh scales are functioning accurately ways to enhance the quality, utility, and fish at sea. between state testings. A scale that does clarity of the information to be (2) Annual inspection. Once a scale is not pass an inseason test may not be collected; and ways to minimize the installed on a vessel and approved by used to weigh IFQ catch fish until the burden of the collection of information, NMFS for use to weigh fish at sea, it scale passes an inseason test or is including through the use of automated must be reinspected annually within 12 approved for continued use by the collection techniques or other forms of months of the date of the most recent weights and measures authorities of the information technology. Send comments inspection to determine if the scale State in which the scale is located. on these or any other aspects of the meets all of the applicable performance Since the start of the Shorebased IFQ collection of information to West Coast and technical requirements as described Program in 2011, three of the nine Region at the ADDRESSES above, and by in 50 CFR 679.28(b). (3) Daily testing. Each scale used to Pacific Whiting IFQ first receivers have email to OIRA_Submission@ installed flow scales. Two of the three weigh fish must be tested at least once omb.eop.gov or fax to (202) 395–7285. Pacific whiting IFQ first receivers that each calendar day to ensure that each have installed flow scales are Notwithstanding any other provision scale meets the maximum permissible considered small businesses. of the law, no person is required to error requirements described at The testing criteria defined by this respond to, and no person shall be paragraph (b)(4) of this section. action for flow scales are consistent subject to penalty for failure to comply (4) Daily at-sea scale tests. To verify with the National Institute of Standards with, a collection of information subject that the scale meets the maximum and Technology and the criteria used by to the requirements of the PRA, unless permissible errors specified in this the states. Because state laws already that collection of information displays a paragraph, each scale used to weigh fish require commercial scales to meet currently valid OMB control number. must be tested at least one time during

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each calendar day when use of the scale (2) Month, day, and year of test; (D) The total weight of the haul; and is required. The tests must be performed (3) Time test started to the nearest (E) The total cumulative weight of all in an accurate and timely manner. minute in local time; fish and other material weighed on the (i) Flow or Belt scales. (4) Known weight of test materials or scale since the last annual inspection. (A) Maximum permissible errors. The test weights; (ii) Printed report from the audit trail. maximum permissible errors for the (5) Weight of test material or test The printed report must include the daily at-sea scale test is plus or minus weights recorded by scale; information specified in sections 3 percent of the known weight of the (6) Percent error as determined by 2.3.1.8, 3.3.1.7, and 4.3.1.8 of appendix test material. subtracting the known weight of the test A to 50 CFR part 679. The printed report (B) Test Procedure. A test must be material or test weights from the weight must be provided to the authorized conducted by weighing no less than 400 recorded on the scale, dividing that scale inspector at each scale inspection kg (882 lb) of test material, supplied by amount by the known weight of the test and must also be printed at any time the scale manufacturer or approved by material or test weights, and upon request of the observer, NMFS a NMFS-authorized scale inspector, on multiplying by 100; and personnel or an authorized officer. the scale under test. The test material (7) Signature of operator. (iii) Printed report from calibration may be run across the scale multiple (C) Maintain the scale test report form log. The operator must print the times in order to total 400 kg; however, from all at-sea scale tests, including test calibration log on request by NMFS staff no single run of test material across the report forms from failed scale tests on or an authorized officer, or person scale may weigh less than 40 kg (88.2 board the vessel until the end of the authorized by NMFS. The calibration lb). The known weight of test material fishing year during which the tests were log must be printed and retained before must be determined at the time of each conducted, and make the report forms any information stored in the scale scale test by weighing it on a platform available to observers, NMFS staff, or computer memory is replaced. The scale approved for use under 50 CFR authorized officers. In addition, the calibration log must detail either the 679.28(b)(7). scale test report forms must be retained prior 1,000 calibrations or all (ii) Platform scales required for for 3 years after the end of the fishing calibrations since the scale electronics observer sampling or to determine year during which the tests were were first put into service, whichever is known weight of test material on performed. Each scale test report form less. The printout from the calibration mothership and catcher/processor must be signed by the operator log must show: vessels. immediately following completion of (A) The vessel name and Federal (A) Maximum permissible errors. The each scale test. fisheries or processor permit number; maximum permissible errors for the (5) Scale maintenance. The scale must (B) The month, day, and year of the daily at-sea scale test for platform scales be maintained in proper operating calibration; is plus or minus 0.5 percent of the condition throughout its use; (C) The time of the calibration to the weight tested. adjustments made to the scale must be nearest minute in local time; (B) Test Procedure. A platform scale made to bring the performance errors as (D) The weight used to calibrate the used for observer sampling must be close as practicable to a zero value; and scale; and tested at 10, 25, and 50 kg (or 20, 50, no adjustment may be made that will (E) The magnitude of the calibration and 100 lb if the scale is denominated cause the scale to weigh fish in comparison to the prior calibration. in pounds) using approved test weights. inaccurately. (iv) Printed reports from the fault log. Any combination of test weights that (6) Printed reports from the scale (not The operator must print the fault log on will allow the scale to be tested at 10 kg, applicable to observer sampling scales). request by NMFS staff, an authorized 25 kg, and 50 kg may be used. A Printed reports are provided to NMFS as officer or person authorized by NMFS. platform scale used to weigh fish must required by this paragraph. Printed The fault log must be printed and be tested at a weight equal to the largest reports from the scale must be retained before any information stored amount of fish that will be weighed on maintained on board the vessel until the in the scale computer memory is the scale in one weighing. end of the year during which the reports replaced. The fault log must detail (C) Approved test weights. Each test were made, and made available to either the prior 1,000 faults and weight must have its weight stamped on observers, NMFS staff or authorized startups, or all faults and startups since or otherwise permanently affixed to it. officers. In addition, printed reports the scale electronics were first put into The weight of each test weight must be must be retained for 3 years after the service, whichever is less. A fault, for annually certified by a National Institute end of the year during which the the purposes of the fault log, is any of Standards and Technology-approved printouts were made. condition other than underflow detected metrology laboratory or approved for (i) Printed reports of catch weight and by the scale electronics that could affect continued use by the NMFS authorized cumulative weight. Reports must be the metrological accuracy of the scale. inspector at the time of the annual scale printed at least once every calendar day The printout from the fault log must inspection. when use of the scale is required. show: (iii) Requirements for all at-sea scale Reports must also be printed before any (A) The vessel name and Federal tests. The following conditions must be information stored in the scale fisheries or processor permit number; met: computer memory is replaced. Scale (B) The month, day, year, and time of (A) Notify the observer at least 15 weights must not be adjusted by the each startup to the nearest minute in minutes before the time that the test will scale operator to account for the local time; be conducted, and conduct the test perceived weight of water, slime, mud, (C) The month, day, year, and time while the observer is present. debris, or other materials. Scale that each fault began to the nearest (B) Conduct the scale test by placing printouts must show: minute in local time; and the test material or test weights on or (A) The vessel name and Federal (D) The month, day, year, and time across the scale and recording the vessel permit number; that each fault was resolved to the following information on the at-sea (B) The date and time the information nearest minute in local time. scale test report form: was printed; (v) Platform scales used for observer (1) Vessel name; (C) The haul number; sampling. A platform scale used for

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observer sampling is not required to produce a printed record, the printed prevent fish from passing over the scale produce a printed record. record must include: or entering any weighing hopper unless (7) Video monitoring for scales used (A) The IFQ first receiver’s name; the following criteria are met: by the vessel crew to weigh catch. (B) The weight of each load in the (1) No catch may enter or leave a Mothership or Catcher/Processor vessels weighing cycle; weighing hopper until the weighing required to weigh fish under the (C) The total weight of fish in each cycle is complete; regulations in this section must provide landing, or portion of the landing that (2) No product may be cycled and and maintain a NMFS-approved video was weighed on that scale; weighed if the weight recording element monitoring system as specified in (D) For belt scales and weight belts, is not operational; and paragraph (e) of this section. the total cumulative weight of all fish or (3) No product may enter a weighing (c) Scales used to weigh fish at IFQ other material weighed on the scale hopper until the prior weighing cycle first receivers—performance and since the last inspection; has been completed and the scale technical requirements. Scale (E) The date the information is indicator has returned to a zero. requirements in this paragraph are in printed; and (ii) [Reserved] (F) The name and vessel registration addition to those requirements set forth * * * * * or documentation number of the vessel by the State in which the scale is (e) Video monitoring systems used making the landing. The person located, and nothing in this paragraph monitor at-sea scales. operating the scale may write this may be construed to reduce or (1) Performance and technical information on the scale printout in ink supersede the authority of the State to requirements for video monitoring regulate, test, or approve scales within at the time of printing. (4) Inseason scale testing. IFQ first systems for the MS and C/P Coop the State. Scales used to weigh fish that Programs. A video monitoring system are also required to be approved by the receivers must allow, and provide reasonable assistance to NMFS staff, used to monitor at-sea scales must meet State must meet the following the system requirements and system requirements: NMFS-authorized personnel, and authorized officers to test scales used to inspections, set forth in 50 CFR (1) Verification of approval. The scale weigh IFQ fish. A scale that does not 679.28(e)(1) through (4) and be issued a must display a valid sticker indicating pass an inseason test may not be used Video Monitoring Inspection Report that the scale is currently approved in to weigh IFQ fish until the scale passes verifying that the video system meets all accordance with the laws of the state an inseason test or is approved for applicable requirements for use in the where the scale is located. continued use by the weights and Alaska Pollock fishery. Any change to (2) Visibility. The IFQ first receiver measures authorities of the State in the system must meet the requirements must ensure that the scale and scale which the scale is located. specified at 50 CFR 679.28(e)(7) and be display are visible simultaneously to the (i) Inseason testing criteria. To pass an approved by the Alaska Regional catch monitor. Catch monitors, NMFS inseason test, NMFS staff or authorized Administrator in writing before any staff, NMFS-authorized personnel, or officers must be able to verify that: changes are made. authorized officers must be allowed to (A) The scale display and printed (i) MS or C/P vessels required to observe the weighing of fish on the scale information are clear and easily read weigh fish at sea under the regulations and be allowed to read the scale display under all conditions of normal in this section must: at all times. operation; (A) Provide and maintain a video (3) Printed scale weights. (B) Weight values are visible on the monitoring system that provides (i) An IFQ first receiver must ensure display until the value is printed; sufficient resolution and field of view to that printouts of the scale weight of each (C) The scale does not exceed the monitor: All areas where catch enters delivery or offload are made available to maximum permissible errors specified the scale, moves across the scale and the catch monitor, NMFS staff, to in this paragraph: leaves the scale; any access point to the NMFS-authorized personnel, or to (1) Flow scales (also known as belt scale from which the scale may be authorized officers at the time printouts scales and weight belts). The maximum adjusted or modified by vessel crew are generated. An IFQ first receiver must permissible error is plus or minus 0.25 while the vessel is at sea; and the scale maintain printouts on site until the end percent of the known weight of the test display and the indicator for the scale of the fishing year during which the material with repeatability between tests operating in a fault state. printouts were made and make them of no more than 0.25 percent. Percent (B) Record and retain video for all available upon request by the catch error is determined by subtracting the periods when catch that must be monitor, NMFS staff, NMFS-authorized known weight of the test material or test weighed is on board the vessel. personnel, or authorized officers for 3 weights from the weight recorded on the (ii) [Reserved] years after the end of the fishing year scale, dividing that amount by the (2) Video Monitoring System during which the printout was made. known weight of the test material or test Inspection Report. A current NMFS- (ii) All scales identified in a catch weights, and multiplying by 100. issued Video Monitoring System monitoring plan (see § 660.140(f)(3)) (2) All other scales. Inspection Report must be maintained must produce a printed record for each on board the vessel at all times the landing, or portion of a landing, Maximum vessel is required to have an approved weighed on that scale. NMFS may Test load in scale divisions error in scale video monitoring system. The Video exempt, through approval of the NMFS- divisions Monitoring System Inspection Report accepted catch monitoring plan, scales (i) 0–500 ...... 1 must be made available to the observer, not designed for automatic bulk (ii) 501–2,000 ...... 2 NMFS staff, or to an authorized officer weighing from part or all of the printed (iii) 2,001–4,000 ...... 3 upon request. record requirements. IFQ first receivers (iv) >4,000 ...... 5 (3) Retention of records. Consistent that receive no more than 200,000 with the requirements set forth at 50 pounds of groundfish in any calendar (D) Automatic weighing systems. An CFR 679.28(e)(1), the video data must be month may be exempt under automatic weighing system must be maintained on the vessel and made § 660.140(j)(2). For scales that must provided and operational that will available on request by NMFS staff, or

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any individual authorized by NMFS. the scale test report forms must be economic data, scale tests records, cease The data must be retained on board the maintained for 3 years after the end of fishing reports, and cost recovery. vessel for no less than 120 days after the the fishing year during which the tests * * * * * date the video is recorded, unless NMFS were performed. All scale test report (C) Catch weighing requirements. The has notified the operator in writing that forms must be signed by the operator. owner and operator of a mothership the video data may be retained for less * * * * * vessel must: than this 120-day period. (d) *** (1) Ensure that all catch is weighed in ■ 3. In § 660.112, add paragraphs (c)(5) (2) NMFS-approved scales. its round form on a NMFS-approved and (c)(6) to read as follows: (i) Scale test report form. Catcher/ scale that meets the requirements processor vessel operators are described in section § 660.15(b); § 660.112 Trawl fishery—prohibitions. responsible for conducting scale tests (2) Provide a NMFS-approved * * * * * and for recording the scale test platform scale, belt scale, and test (c) * * * information on the scale test report form weights that meet the requirements (5) Fail to weigh all fish taken and as specified at § 660.15(b), for catcher/ described in section § 660.15(b). retained aboard the vessel on a scale processor vessels. that meets the performance and (ii) Printed scale reports. Specific * * * * * technical requirements specified at requirements pertaining to printed scale ■ 6. In § 660.160, revise paragraphs § 660.15(b). reports and scale weight printouts are (b)(1)(ii)(A) and (C) to read as follows: (6) Weigh fish taken and retained specified at § 660.15(b), for catcher/ aboard the vessel without operating and § 660.160 Catcher/processor (C/P) Coop processor vessels. Program. maintaining a video monitoring system (iii) Retention of scale records and that meets the performance and reports. The vessel must maintain the * * * * * technical requirements specified at scale test report form on board until the (b) * * * § 660.15(e). end of the fishing year during which the (1) * * * * * * * * tests were conducted, and make the (ii) Catcher/processor vessel ■ 4. In § 660.113, revise paragraphs report forms available to observers, responsibilities. The owner and operator (c)(2) and (d)(2) to read as follows: NMFS staff, or authorized officers. In of a catcher/processor vessel must: addition, the scale test report forms (A) Recordkeeping and reporting. § 660.113 Trawl fishery—recordkeeping must be maintained for 3 years after the Maintain a valid declaration as specified and reporting. end of the fishing year during which the at § 660.13(d); maintain records as * * * * * tests were performed. All scale test specified at § 660.113(a); and maintain (c) * * * report forms must be signed by the and submit all records and reports (2) NMFS-approved scale. operator. specified at § 660.113(d) including, (i) Scale test report form. Mothership * * * * * economic data, scale tests records, cease vessel operators are responsible for ■ 5. In § 660.150, revise paragraphs fishing reports, and cost recovery. conducting scale tests and for recording (b)(1)(ii) introductory text, (b)(1)(ii)(A) * * * * * the scale test information on the scale and (C) to read as follows: test report form as specified at (C) Catch weighing requirements. The § 660.15(b), for mothership vessels. § 660.150 Mothership (MS) Coop Program. owner and operator of a catcher/ (ii) Printed scale reports. processor vessel must: * * * * * (1) Ensure that all catch is weighed in Requirements pertaining to printed (b) * * * scale reports and scale weight printouts (1) * * * its round form on a NMFS-approved are specified at § 660.15(b), for (ii) Mothership vessel responsibilities. scale that meets the requirements mothership vessels. The owner and operator of a mothership described in § 660.15(b); (iii) Retention of scale records and vessel must: (2) Provide a NMFS-approved reports. Vessels must maintain scale test (A) Recordkeeping and reporting. platform scale, belt scale, and test report forms on board until the end of Maintain a valid declaration as specified weights that meet the requirements the fishing year during which the tests at § 660.13(d); maintain records as described in § 660.15(b). were conducted, and make the report specified at § 660.113(a); and maintain * * * * * forms available to observers, NMFS and submit all records and reports [FR Doc. 2016–00585 Filed 1–15–16; 8:45 am] staff, or authorized officers. In addition, specified at § 660.113(c) including, BILLING CODE 3510–22–P

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Notices Federal Register Vol. 81, No. 11

Tuesday, January 19, 2016

This section of the FEDERAL REGISTER selected the topic for the draft guidance comments received and the rationale contains documents other than rules or in response to a May 2009 National behind any changes made to the proposed rules that are applicable to the Organic Standards Board (NOSB) guidance documents. public. Notices of hearings and investigations, request that AMS clarify the This final guidance provides committee meetings, agency decisions and requirements and limitations codified at examples of production practices that rulings, delegations of authority, filing of 1 petitions and applications and agency 7 CFR 205.200. support conservation principles and statements of organization and functions are The general natural resources and demonstrate compliance with 7 CFR examples of documents appearing in this biodiversity conservation requirement 205.200. This guidance also clarifies: (1) section. of the U.S. Department of Agriculture The certified organic operator’s (USDA) organic regulations at 7 CFR responsibility to select, carry out, and 205.200 requires operations to record production practices that DEPARTMENT OF AGRICULTURE ‘‘maintain or improve the natural ‘‘maintain or improve the natural resources of the operation, including resources of the operation;’’ (2) the Agricultural Marketing Service soil and water quality.’’ Section 205.2 of accredited certifying agent’s (certifier) [Doc. No. AMS–NOP–14–0062; NOP–14–01] the regulations defines ‘‘natural responsibility to verify operator resources of the operation’’ as the compliance with this requirement; and National Organic Program: Notice of ‘‘physical, hydrological, and biological (3) how domestic organic operations Final Guidance for Accredited features of a production operation, that participate in a USDA Natural Certifying Agents and Certified including soil, water, wetlands, Resources Conservation Service (NRCS) Operations on Natural Resources and woodlands, and wildlife.’’ The May program and the NOP can reduce their Biodiversity Conservation 2009 NOSB recommendation asked the paperwork burdens. This final guidance NOP to establish: (1) Consistent is available from the NOP through ‘‘The AGENCY: Agricultural Marketing Service, discussion and review of biodiversity Program Handbook: Guidance and USDA. protection and enhancement in all Instructions for Accredited Certifying ACTION: Notice of availability of final certified operations’ organic system Agents (ACAs) and Certified guidance. plans; (2) increased education and Operations’’. This Handbook provides information for certified operations, those who own, manage, or certify SUMMARY: The National Organic inspectors, and certifiers; (3) uniformity organic operations with guidance and Program (NOP) is announcing the of inspection and certification instructions that can assist them in availability of a final guidance procedures with regard to how certified complying with the USDA organic document intended for use by operations implement the biodiversity regulations. The current edition of the accredited certifying agents and standards; (4) incorporation of Program Handbook is available online at certified operations. The guidance biodiversity standards into the http://www.ams.usda.gov/rules- document is entitled: Natural Resources procedures for accreditation and regulations/organic/handbook. and Biodiversity Conservation (NOP certifier audits; and (5) use of materials 5020). This guidance document is II. Significance of Guidance evaluation criteria that foster intended to inform the public of NOP’s consideration of biodiversity This final guidance document is being current thinking on this topic. conservation when adding or deleting issued in accordance with the Office of DATES: The final guidance document materials from the National List of Management and Budget (OMB) announced by this notice is effective on Allowed and Prohibited Substances. Bulletin on Agency Good Guidance January 20, 2016. The draft NOP guidance can be viewed Practices (GGPs) (January 25, 2007, 72 FOR FURTHER INFORMATION CONTACT: Paul on the NOP Web site at http:// FR 3432–3440). The purpose of GGPs is Lewis, Ph.D., Standards Division, www.ams.usda.gov/sites/default/files/ to ensure that program guidance National Organic Program, USDA– media/NOP–5020.pdf. The 60-day documents are developed with adequate AMS–NOP, 1400 Independence Ave. comment period closed on February 27, public participation, are readily SW., Room 2642–S., Ag Stop 0268, 2015. available to the public, and are not Washington, DC 20250–0268. NOP received approximately 964 applied as binding requirements. This Telephone: (202) 720–3252, Email: individual comments on the draft guidance represents the NOP’s current [email protected]; Telephone: guidance document. Based upon the thinking on the topic. It does not create (202) 260–9294. comments received, the NOP revised or confer any rights for, or on, any SUPPLEMENTARY INFORMATION: and is publishing a final guidance person and does not operate to bind the document on Natural Resources and NOP or the public. Guidance documents I. Background Biodiversity Conservation (NOP 5020). are intended to provide a uniform On December 29, 2014, the National The guidance document includes an method for operations to comply with Organic Program (NOP) published in the appendix (NOP 5020–1) where the NOP the Organic Foods Production Act Federal Register a notice of availability provides a complete discussion of the (OFPA) and the USDA organic with request for public comment on a regulations that can reduce the burden draft guidance document addressing 1 NOSB Recommendation: Implementation of of developing their own methods and Natural Resources and Biodiversity Biodiversity Conservation in Organic Agriculture simplify audits and inspections. Systems. Issued on March 5, 2009. Available on the Conservation for Certified Organic NOP Web site at: http://www.ams.usda.gov/sites/ Alternative approaches that can Operations and Accredited Certifying default/files/media/ demonstrate compliance with the Agents (ACA’s) (79 FR 78025). The NOP NOP%20Final%20Rec%20Biodiversity.pdf. OFPA, as amended (7 U.S.C. 6501–

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6522), and its implementing regulations standards, methods, and grading Background are also acceptable. As with any practices, and on potential market needs alternative compliance approach, the for new standards or services. Under the authority of the United NOP strongly encourages industry to States Grain Standards Act, as amended, DATES: Comments must be received on discuss alternative approaches with the and the Agricultural Marketing Act of or before April 18, 2016. NOP before implementing them to avoid 1946, as amended, GIPSA establishes unnecessary or wasteful expenditures of ADDRESSES: You may submit your standards for grains, oilseeds, rice, resources, and to ensure the proposed written or electronic comments on this pulses, and related graded and alternative approach complies with the notice to: processed commodities, regarding kind, OFPA and its implementing regulations. • Mail: R. Dexter Thomas, GIPSA, class, quality and condition. The standards facilitate marketing and Electronic Access USDA, 1400 Independence Avenue SW., Room 2530, Washington, DC define U.S. grain and commodity Persons with access to Internet may 20250–3604. quality in the domestic and global obtain the final guidance at the NOP’s • marketplace. The standards define Web site at http://www.ams.usda.gov/ Fax: (202) 690–2173 commonly used industry terms; contain nop. Request for hard copies of the final • Internet: Go to http:// basic principles governing the guidance document can be obtained by www.regulations.gov and follow the on- application of standards, such as the submitting a written request to the line instruction for submitting type of sample used for a particular person listed in the FOR FURTHER comments. quality analysis; specify grades, grade INFORMATION CONTACT section of this Instructions: All comments will requirements, special grades; and Notice. become a matter of public record and special grade requirements. Official Authority: 7 U.S.C. 6501–6522. should be identified as ‘‘U.S. Services procedures for determining grading Offered for Grains Notice Comments,’’ factors are provided in GIPSA’s Dated: January 13, 2016. making reference to the date and page Inspection Handbooks, which also Erin Morris, number of this issue of the Federal include standardized procedures for Associate Administrator, Agricultural Register. All comments received additional quality attributes not used to Marketing Service. become the property of the Federal determine grade, such as protein [FR Doc. 2016–00862 Filed 1–15–16; 8:45 am] government, are made a part of the content and falling number. Together, BILLING CODE 3410–02–P public record, and will generally be the grade standards and inspection posted to www.regulations.gov without procedures allow buyers and sellers to change. Comments may also be viewed communicate quality requirements, DEPARTMENT OF AGRICULTURE in the above office during regular compare quality using equivalent forms Grain Inspection, Packers and business hours (7 CFR 1.27(b)). Please of measurement, and assist in price Stockyards Administration call the GIPSA Management Support discovery. Staff at (202) 720–6529 to make an GIPSA periodically reviews the Request for Public Comment on appointment to read comments standards to ensure they reflect Services Currently Offered or Needed received. If you send a comment marketplace needs. In 2007, when the To Facilitate the Marketing of Grain directly to GIPSA without going through U.S. ethanol industry was expanding and Related Products www.regulations.gov, or you submit a rapidly, GIPSA issued an Advance comment to GIPSA via fax, the AGENCY: Grain Inspection, Packers and Notice of Proposed Rulemaking (ANPR) originating address or telephone number titled ‘‘The Role of USDA in Stockyards Administration, USDA. will be captured automatically and ACTION: Request for Information. Differentiating Grain Inputs for Ethanol included as part of the comment that is Production and Standardizing Testing of SUMMARY: The U.S. Department of placed in the public docket and made the Co- Products of Ethanol Production’’ Agriculture’s (USDA) Grain Inspection, available on the Internet. Also, all (72 FR 39762). The ANPR sought Packers and Stockyards Administration personal identifying information (for comments from the marketplace asking (GIPSA) is informing the public that it example, name, address, etc.) if there were any additional services is soliciting comments to ensure that voluntarily submitted by the commenter GIPSA should offer to facilitate the current services reflect market needs to may be publicly accessible. Do not marketing of ethanol co-products. facilitate the marketing of grain and submit confidential business Commenters overwhelmingly agreed related commodities. Specifically, information or otherwise sensitive or that GIPSA should not intervene in GIPSA is inviting comments from protected information. standardizing testing of ethanol inputs producers, handlers, processors, food Electronic submissions should avoid and outputs. Commenters did state that manufacturers, exporters, importers, the use of special characters, avoid any an appropriate role for GIPSA was to consumers, scientists, academicians, form of encryption, and be free of any continue approving rapid test kits for industry stakeholders, and other defects or viruses, since these may determining the concentration of interested persons on how GIPSA can prevent GIPSA from being able to read mycotoxins. Accordingly, GIPSA did best facilitate the marketing of grains, and understand, and thus consider your not initiate any rulemaking action oilseeds, rice, pulses, and related comment. related to the matters presented in the products or products made from them, FOR FURTHER INFORMATION CONTACT: ANPR. However, GIPSA did agree to including co-products of ethanol Anthony Goodeman at GIPSA, USDA, monitor the industry and remain production, commonly referred to as 1400 Independence Avenue SW., actively engaged with the ethanol and distillers’ grains, based on market- Washington, DC, 20250; Telephone co-product markets and to support the identified quality attributes. To ensure (202)–720–0228; Fax Number (202) 720– industry, as appropriate, in its efforts to that standards and official grading 1015; email Anthony.T.Goodeman@ successfully market ethanol co- practices remain relevant in the market, usda.gov. products. Further, GIPSA has continued GIPSA invites interested parties to to approve rapid test kits for comment on the relevance of current SUPPLEMENTARY INFORMATION: mycotoxins.

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The production of distillers’ grains Authority: 7 U.S.C. 71–87K; 7 U.S.C. National Agricultural Statistics Service has continued to grow in recent years 1621–1638D Title: Local Food Marketing Practices concurrent with increased ethanol Larry Mitchell, Survey production. GIPSA will broadly refer to Administrator, Grain Inspection, Packers and ‘‘distillers’ grains’’ as being any of the Stockyards Administration. OMB Control Number: 0535–NEW plethora of co-products generated by [FR Doc. 2016–00847 Filed 1–15–16; 8:45 am] Summary of Collection: Data will be dry-mill ethanol plants, including BILLING CODE 3410–KD–P collected under the authority of 7 U.S.C. distillers’ wet grains (DWG), distillers’ 2204(a). Section 10016(a)(1)(A) of the dried grains (DDG), distillers’ wet grains 2014 Farm Bill (Public Law 113–79) with solubles (DWGS), distillers’ dried DEPARTMENT OF AGRICULTURE directs the Department of Agriculture grains with solubles (DDGS), and National Agricultural Statistics Service (USDA) to collect data on ‘‘the condensed distillers’ solubles (CDS), production and marketing of locally or unless otherwise specified. According to Submission for OMB Review; regionally produced agricultural food USDA’s Economic Research Service, the Comment Request products,’’ while Section 10016(b)(2) United States produced an estimated requires USDA to ‘‘conduct surveys and 44.6 million metric tons of DDGS in the January 13, 2016. analysis and publish reports relating to The Department of Agriculture has 2014/15 crop year, compared to 12.4 the production, handling, distribution, submitted the following information million metric tons of DDGS in 2006/07, retail sales, and trend studies. . . of or collection requirement(s) to OMB for when GIPSA’s previous ANPR was first on locally or regionally produced review and clearance under the published. Increasing supply, two years agricultural food products.’’ The survey of higher prices for competing feeds Paperwork Reduction Act of 1995, Public Law 104–13. Comments are will gather data on production, risk (soybean meal and corn), and successful requested regarding: (1) Whether the management, and marketing practices. foreign market development efforts by collection of information is necessary Contingent upon the availability of USDA and trade associations have led to for the proper performance of the funding, the Local Foods Survey will be a surge in DDGS exports from the functions of the agency, including a Census follow-on-survey. United States. Exports now constitute whether the information will have Need and Use of the Information: A nearly 25 percent of domestic DDGS practical utility; (2) the accuracy of the growing interest in support of local production, totaling 11.0 million metric agency’s estimate of burden including agricultural economies through the tons in the 2014/15 crop year, compared the validity of the methodology and purchase of foods from sources that are to exports of only 14.5 percent of assumptions used; (3) ways to enhance geographically close to the consuming production, totaling 1.8 million metric the quality, utility and clarity of the areas, via channels that are direct from tons in 2006/07. information to be collected; (4) ways to farm to consumer or at most one step In order for U.S. standards and minimize the burden of the collection of removed. The institution of the USDA grading procedures to remain relevant, information on those who are to Know Your Farmer, Know Your Food respond, including through the use of GIPSA is issuing this Request for Initiative was designed to eliminate appropriate automated, electronic, Information to invite interested parties organizational barriers to improve mechanical or other technological to submit comments, ideas, and coordination and availability of recommendations on GIPSA’s role in collection techniques or other forms of information technology. resources for the promotion of local the marketing of grain, oilseeds, and Comments regarding this information food systems. The primary purpose of related agricultural products, including collection received by February 18, 2016 the survey is to produce benchmark distillers’ grains. All interested persons will be considered. Written comments statistics on the number of operations are specifically encouraged to comment should be addressed to: Desk Officer for that produce local foods, the value of on the following issues related to this Agriculture, Office of Information and local foods sales (in total and by specific notice: Regulatory Affairs, Office of marketing channel), and marketing 1. Are there any market-identified Management and Budget (OMB), New practices and expenses. Farms in all 50 quality attributes that GIPSA does not Executive Office Building, 725—17th states will be asked to provide these currently describe (or provide testing) Street NW., Washington, DC, 20503. data. Statistics from this survey will be that would facilitate the marketing of Commenters are encouraged to submit used by state agencies to better grain, oilseeds, and related products? their comments to OMB via email to: understand, support, and promote their [email protected] or fax 2. What role should GIPSA take, if local food markets, as well as by (202) 395–5806 and to Departmental researchers studying local foods. any, in standardizing the testing of Clearance Office, USDA, OCIO, Mail Description of Respondents: Farmers inputs and outputs of ethanol co- Stop 7602, Washington, DC 20250– product processing? Has anything 7602. Copies of the submission(s) may and Ranchers. changed in the marketing of ethanol and be obtained by calling (202) 720–8681. Number of Respondents: 28,000. ethanol co-products since GIPSA’s last An agency may not conduct or Frequency of Responses: Reporting: ANPR in 2007 related to sponsor a collection of information Annually. standardization, product description, or unless the collection of information quality assessment? displays a currently valid OMB control Total Burden Hours: 21,000. 3. Are there any other services that number and the agency informs Charlene Parker, GIPSA could offer to facilitate the potential persons who are to respond to Departmental Information Collection marketing of grain, oilseeds, or related the collection of information that such Clearance Officer. persons are not required to respond to products? [FR Doc. 2016–00914 Filed 1–15–16; 8:45 am] the collection of information unless it displays a currently valid OMB control BILLING CODE 3410–20–P number.

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DEPARTMENT OF AGRICULTURE authorized by an Act of Congress, (Pub. Type of Request: Regular Submission. L. 772, 80th Congress, 645, 2nd Number of Respondents: 30,000. National Institute of Food and Session). Use of the 4–H Club Name Average Hours per Response: 1.0 Agriculture and/or Emblem by anyone other than minutes. the 4–H Clubs and those duly Burden Hours: 500. Submission for OMB Review; authorized by them, representatives of Needs and Uses: This survey provides Comment Request the Department of Agriculture, the information used mainly by government January 13, 2016. Land-Grant colleges and universities, and private analysts to project future and person authorized by the Secretary The Department of Agriculture has population growth, to analyze child of Agriculture is prohibited by the submitted the following information spacing, and to aid policymakers in provisions of 18 U.S.C. 707. The collection requirement(s) to OMB for their decisions affected by changes in Secretary has delegated authority to the review and clearance under the family size and composition. Past Administrator of the National Institute Paperwork Reduction Act of 1995, studies have discovered noticeable of Food and Agriculture (NIFA) to Public Law 104–13. Comments are changes in the patterns of fertility rates authorize others to use the 4–H Name requested regarding: (1) Whether the and the timing of the first birth. and Emblem. Therefore, anyone collection of information is necessary Potential needs for government requesting, authorization from the for the proper performance of the assistance, such as aid to families with Administrator to use the 4–H Name and functions of the agency, including dependent children, child care, and Emblem is asked to describe the whether the information will have maternal health care for single parent proposed use in a formal application. practical utility; (2) the accuracy of the households, can be estimated using NIFA will collect information using agency’s estimate of burden including Current Population Survey form NIFA–01 ‘‘Application for the validity of the methodology and characteristics matched with fertility Authorization to Use the 4–H Club assumptions used; (3) ways to enhance data. Name or Emblem. Affected Public: Individuals or the quality, utility and clarity of the Need and Use of the Information: The information to be collected; and (4) households. information collected by NIFA will be Frequency: Biennial. ways to minimize the burden of the used to determine if those applying to collection of information on those who Respondent’s Obligation: Voluntary. use the 4–H name and emblem are Legal Authority: Title 13 U.S.C. are to respond, including through the meeting the requirements and quality of use of appropriate automated, Sections 141, 182 authorize the materials, products and/or services collection of this information on electronic, mechanical, or other provided to the public. If the technological collection techniques or individuals and households. information were not collected, it would This information collection request other forms of information technology. not be possible to ensure that the Comments regarding this information may be viewed at www.reginfo.gov. products, services, and materials meet collection received by February 18, 2016 Follow the instructions to view the high standards of 4–H, its will be considered. Written comments Department of Commerce collections educational goals and objectives. currently under review by OMB. should be addressed to: Desk Officer for Description of Respondents: Not-for- Agriculture, Office of Information and Written comments and profit institutions; Business or other for- recommendations for the proposed Regulatory Affairs, Office of profit; Individuals or households. Management and Budget (OMB), New information collection should be sent Number of Respondents: 60. within 30 days of publication of this Executive Office Building, 725–17th Frequency of Responses: Reporting: _ Street NW., Washington, DC 20502. notice to OIRA Submission@ Other (every 3 years). omb.eop.gov or fax to (202) 395–5806. Commenters are encouraged to submit Total Burden Hours: 30. their comments to OMB via email to: Dated: January 13, 2016. Ruth Brown, [email protected] or Glenna Mickelson, Departmental Information Collection fax (202) 395–5806 and to Departmental Management Analyst, Office of the Chief Clearance Officer. Clearance Office, USDA, OCIO, Mail Information Officer. [FR Doc. 2016–00912 Filed 1–15–16; 8:45 am] Stop 7602, Washington, DC 20250– [FR Doc. 2016–00830 Filed 1–15–16; 8:45 am] BILLING CODE 3410–09–P 7602. Copies of the submission(s) may BILLING CODE 3510–07–P be obtained by calling (202) 720–8958. An agency may not conduct or sponsor a collection of information DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE unless the collection of information [Docket No. 151028999–6030–02] displays a currently valid OMB control Submission for OMB Review; Comment Request number and the agency informs Privacy Act of 1974, Amended System potential persons who are to respond to The Department of Commerce will of Records the collection of information that such submit to the Office of Management and persons are not required to respond to Budget (OMB) for clearance the AGENCY: National Oceanic and the collection of information unless it following proposal for collection of Atmospheric Administration, U.S. displays a currently valid OMB control information under the provisions of the Department of Commerce. number. Paperwork Reduction Act (44 U.S.C. ACTION: Notice of Proposed Amendment National Institute of Food and chapter 35). to Privacy Act System of Records: Agriculture Agency: U.S. Census Bureau. COMMERCE/NOAA–1, Applicants for Title: Current Population Survey, the NOAA Corps. Title: Application for Authorization to Fertility Supplement. Use the 4–H Name and/or Emblem. OMB Control Number: 0607–0610. SUMMARY: The Department of Commerce OMB Control Number: 0524–0034. Form Number(s): There are no forms. publishes this notice to announce the Summary of Collection: Use of the 4– We conduct all interviews on effective date of a Privacy Act System of H Club Name and/or Emblem is computers. Records notice entitled Notice of

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Proposed Amendment to COMMERCE/ notice of intent to establish a new Administration (NOAA), Office of NOAA–1, Applicants for the NOAA system of records entitled, Marine and Aviation Operations, 8403 Corps. ‘‘COMMERCE/NOAA–22, NOAA Health Colesville Road, Silver Spring, MD DATES: The system of records becomes Services Questionnaire and 20910–3282. Satellite addresses are: effective on January 19, 2016. Tuberculosis Screening Document.’’ We NOAA Health Services-Pacific, 2002 SE invite the public to comment on the Marine Science Drive, Newport, OR ADDRESSES: For a copy of the system of items noted in this publication. The 97365; NOAA Health Services-Atlantic, records please mail requests to: Sarah purpose of this system of records is to 439 West York Street, Norfolk, VA Brabson, NOAA Office of the Chief document information related to 23510–1114. Information Officer, Room 9856, 1315 medical clearance, which is required for East-West Highway, Silver Spring, MD CATEGORIES OF INDIVIDUALS COVERED BY THE all persons sailing on Office of Marine 20910. SYSTEM: and Aviation Operations (OMAO) FOR FURTHER INFORMATION CONTACT: vessels. The National Oceanic and Individuals who wish to embark on Director, NOAA Corps, 8403 Colesville Atmospheric Administration (NOAA) OMAO vessels and need medical Road, Suite 500, National Oceanic and Health Services is responsible for clearance. Atmospheric Administration, Silver medically evaluating and providing CATEGORIES OF RECORDS IN THE SYSTEM: Spring, Maryland 20910. clearance for persons who will be Personal Identifiable Information: SUPPLEMENTARY INFORMATION: On sailing on these vessels. The completed name; date of birth (year only); work November 25, 2015 (80 FR 73698), the NHSQ and TSD provide specific and address; email address; position in Department of Commerce published a select medical information on program; home, work and cell telephone notice in the Federal Register, entitled individuals who wish to embark on numbers; cruise dates; emergency ‘‘COMMERCE/NOAA–1, Applicants for OMAO vessels and need medical contact (name, address and telephone the NOAA Corps,’’ requesting comments clearance. The completed forms also number) and their relationship to the on proposed amendments to the system contain personal identifiable individual; names of NOAA ships of records. The November 25, 2015, information that is required to be NHSQ and TSD needs to be forwarded notice stated that the amended system protected by the Privacy Act. to; whether individual is regularly of records will become effective on the DATES: To be considered, written seeing a doctor for any reason; date of publication of a subsequent comments must be submitted on or medications currently being taken; notice, unless comments are received. before February 18, 2016. Unless allergies; health problems; major No comments were received in response comments are received, the new system surgeries/hospitalizations/emergency to the request for comments. of records will become effective as room visits; general/cardiac screening Accordingly, by this notice, the proposed on the date of publication of questions; date of last tetanus booster; Department of Commerce is adopting a subsequent notice in the Federal functional abilities screening questions; the proposed changes to the system as Register. awareness of medical condition which final without changes effective January ADDRESSES: Comments may be mailed could affect their suitability for sea 19, 2016. to: Director of Health Services, CAPT P. duty; type of test and result of most Dated: January 12, 2016. Jane Powers, 2002 SE Marine Science recent tuberculosis test; information on Michael J. Toland, Drive, Newport, OR, 97365. a previous positive skin test; date of last Department of Commerce, Freedom of FOR FURTHER INFORMATION CONTACT: chest X-ray, if applicable; date of last Information and Privacy Act Officer. CAPT P. Jane Powers, 2002 SE Marine BCG vaccine (tuberculosis vaccine), if [FR Doc. 2016–00833 Filed 1–15–16; 8:45 am] Science Drive, Newport, OR, 97365. applicable; date prescribed TB BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION: OMAO is medication completed, if applicable; creating a system of records for health contact with any other person(s) information and other personal infected with TB; occurrence of a DEPARTMENT OF COMMERCE identifiable information required for positive HIV test; use of illegal intravenous drugs; any current [Docket No. 151109999–5999–01] medical clearance of individuals, both NOAA staff and others who are not treatment with steroids, chemotherapy, Privacy Act of 1974, New System of employees, who plan to sail on OMAO or cancer treating drugs; any incidence Records vessels. Collection of information on the of homelessness; any incidence of NHSQ and the TSD are consistent with incarceration; possession of fever, AGENCY: National Oceanic and the support for research and education weight loss, night sweats, chronic Atmospheric Administration, U.S. under the National Marine Sanctuaries cough, chronic fatigue, coughing up Department of Commerce. Act. See e.g., 16 U.S.C. 1440 and the blood; statement to accuracy and truth ACTION: Notice of a New Privacy Act NOAA Administrative Order 209–124. of information provided; signature of System of Records: COMMERCE/ applicant and date signed; signature of NOAA–22, NOAA Health Services COMMERCE/NOAA–22 medical officer reviewing the forms; Questionnaire (NHSQ) and Tuberculosis SYSTEM NAME: date of clearance; and any additional information supplied from the Screening Document (TSD). COMMERCE/NOAA–22, NOAA individual’s medical provider(s). SUMMARY: In accordance with the Health Services Questionnaire (NHSQ) Privacy Act of 1974, as amended, Title and Tuberculosis Screening Document AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 of the United States Code (U.S.C.) (TSD). This system of records is consistent sections 552a(e)(4) and (11); and Office SECURITY CLASSIFICATION: with the support for research of Management and Budget (OMB) None. monitoring and education under the Circular A–130, Appendix I, ‘‘Federal National Marine Sanctuaries Act. 16 Agency Responsibilities for Maintaining SYSTEM LOCATION: U.S.C. 1440) See also Office of Records About Individuals,’’ the U.S. Department of Commerce, Personnel Management regulations: 5 Department of Commerce is issuing a National Oceanic and Atmospheric CFR 339.102—Purpose and Effect; 5

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CFR 339.202—Medical Standards; 5 State, local, or foreign, charged with the POLICIES AND PRACTICES FOR STORING, CFR 339.205—Medical Evaluation responsibility of investigating or RETRIEVING, ACCESSING, RETAINING, AND Programs; 5 CFR 339.206— prosecuting such violation or charged DISPOSING OF RECORDS IN THE SYSTEM: Disqualification on the Basis of Medical with enforcing or implementing the STORAGE: History; 5 CFR 229.301—Authority to statute or contract, rule, regulation or NHSQ and TSD medical information Require an Examination; 5 CFR part order issued pursuant thereto, or is stored and maintained in electronic 339—Medical Qualification protecting the interest of the form in system folders and/or databases, Determinations. Department. within a controlled environment with 3. A record from this system of access restricted to authorized PURPOSES: records may be disclosed in the course personnel. Other medical information in The records are maintained and used of presenting evidence to a court, a hardcopy format is stored in locked to fulfill OMAO’s responsibility of magistrate, or administrative tribunal, storage facilities at OMAO regional medically clearing embarking personnel including disclosures to opposing facilities or on OMAO vessels with on OMAO vessels. The NHSQ and TSD counsel in the course of settlement access restricted to authorized system will provide medical personnel negotiations. personnel. with faster access to more complete 4. A record in this system of records RETRIEVABILITY: data; this will enhance their may be disclosed, as a routine use, to a effectiveness. Member of Congress submitting a Records are retrieved through inquires based on the name of individual or the ROUTINE USES OF RECORDS MAINTAINED IN THE request involving an individual when SYSTEM, INCLUDING CATEGORIES OF USERS AND the individual has requested assistance name of the NOAA vessel. THE PURPOSES OF SUCH USES: from the Member with respect to the SAFEGUARDS: 1. Electronic NHSQ and TSD medical subject matter of the record. The NHSQ and TSD can only be information is shared only with 5. A record in this system of records accessed by authorized OMAO medical authorized users who have a legitimate may be disclosed to the Department of personnel. Access to electronic medical need to know. These medical records, Justice in connection with determining data will be through a secure OMAO contained therein, may be disclosed as whether the Freedom of Information Act network and requires a password for stated below: (5 U.S.C. 552) requires disclosure entry, which is based on DOC password a. A record in the medical department thereof. standards. Passwords are granted to may be disclosed to the Department of 6. A record in this system will be authorized medical personnel. Hard/ Commerce legal department to disclosed to the Department of Treasury completed electronic copies are stored determine legal sufficiency of a denial for the purpose of reporting and in OMAO headquarters or regional for embarkation or in response to recouping delinquent debts owed the facilities. Entry to these facilities litigation. United Sates pursuant to the Debt requires an approved NOAA-issued b. A record in the medical department Collection Improvement Act of 1996. badge and electronic access to may be disclosed in response to a court 7. A record in this system of records completed NHSQs and TSDs requires order. may be disclosed to appropriate proper authorization and a password. c. A record in the medical department agencies, entities, and persons when: (1) Storage within the OMAO facilities are may be disclosed to other health care It is suspected or confirmed that the locked and under surveillance of providers that are involved in cases security or confidentiality of administrative personnel. Hard copy concerning person(s)/employee(s) with information in the system of records has medical records related to NHSQ and a specific disease or injury. been compromised; (2) the Department TSD shall be stored in locked file d. A record in the medical department has determined that, as a result of the cabinets in all regional and headquarter may be disclosed to the applicable suspected or confirmed compromise, offices. Access to these medical records medical psychiatric and/or state there is a risk of harm to economic or shall be limited to authorized personnel authority(ies) in response to statute (e.g., property interests, identity theft or only. sexually transmitted disease, homicidal fraud, or harm to the security or ideation, suicidal ideation, child abuse, integrity of this system or other systems RETENTION AND DISPOSAL: elder abuse, etc.). or programs (whether maintained by the OMAO shall maintain its records in e. A record in the medical department Department or another agency or entity) accordance with NOAA’s Records may be disclosed to the OMAO that relies upon the compromised Management Guide and Records leadership involved in the medical information; and (3) the disclosure Disposition Handbook. Upon closure of evaluation process. made to such agencies, entities, and a case, all medical information on the f. A record in the medical department persons is reasonably necessary to assist case contained in the NHSQ and TSD may be disclosed to the individual in connection with the Department’s shall be retained for at least 6 years, and involved. efforts to respond to the suspected or destroyed 6 years after date of last entry. 2. In the event that a system of records confirmed compromise and prevent, See National Archives and Records maintained by the Department to carry minimize, or remedy such harm. Administration General Records out its functions indicates a violation or Schedule 1 Civilian Personnel Records, potential violation of law or contract, DISCLOSURE TO CONSUMER REPORTING Section 19, Individual Non- whether civil, criminal or regulatory in AGENCIES: Occupational Health Record Files: nature and whether arising by general Disclosure to consumer reporting ‘‘Forms, correspondence, and other statute or particular program statute or agencies pursuant to 5 U.S.C. records, including summary records, contract, rule, regulation, or order 552a(b)(12) may be made from this documenting an individual employee’s issued pursuant thereto, or the necessity system to ‘‘consumer reporting medical history, physical condition, and to protect an interest of the Department, agencies’’ as defined in the Fair Credit visits to Government health facilities, the relevant records in the system of Reporting Act (15 U.S.C. 1681a(f)) and for nonwork-related purposes, records may be referred to the the Federal Claims Collection Act of EXCLUDING records covered by item 21 appropriate agency, whether Federal, 1966 (31 U.S.C. 3701(a)(3)). of this schedule. Destroy 6 years after

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date of last entry. (NC1–64–77–10 item Manufacturing Inc., within FTZ 265, in Sawblades), the Department of 19).’’ http://www.archives.gov/records- Conroe, Texas. Commerce (the Department) is notifying mgmt/grs/grs01.html. The notification was processed in the public that the Court’s final accordance with the regulations of the judgment in this case is not in harmony SYSTEM MANAGER(S) AND ADDRESS: FTZ Board (15 CFR part 400), including with the AR2 Final Results 2 and that CAPT Priscilla J. Powers, Director, notice in the Federal Register inviting the Department is amending the AR2 Health Services, 2002 SE Marine public comment (80 FR 54520, Final Results with respect to the ATM Science Drive, Newport, OR 97365. September 10, 2015). The FTZ Board Single Entity 3 and the PRC-wide entity. has determined that no further review of NOTIFICATION PROCEDURE: DATES: Effective Date: October 31, 2015. the activity is warranted at this time. FOR FURTHER INFORMATION CONTACT: In accordance with the Department of The production activity described in the Yang Jin Chun or Minoo Hatten, AD/ Commerce regulations implementing notification is authorized, subject to the CVD Operations, Office I, Enforcement the Privacy Act, at Title 15 of the Code FTZ Act and the FTZ Board’s and Compliance, International Trade of Federal Regulations, part 4, subpart regulations, including Section 400.14, Administration, U.S. Department of B-Privacy Act, individuals interested in and further subject to a restriction Commerce, 14th Street and Constitution determining if the system contains their requiring that foreign status textile- Avenue NW, Washington, DC 20230; name should direct their Privacy Act based cotton transport straps (classified telephone (202) 482–5760 or (202) 482– request to the National Oceanic and within HTSUS Subheading 5806.31) be 1690, respectively. Atmospheric Administration, Public admitted to the zone in privileged Reference Facility, OFA56, 1315 East foreign status (19 CFR 146.41). SUPPLEMENTARY INFORMATION: West Highway (SSMC3), Room 10730, Background Silver Spring, Maryland 20910. Dated: January 12, 2016. Andrew McGilvray, On June 17, 2013, as amended on July RECORD ACCESS PROCEDURES: Executive Secretary. 18, 2013, the Department published the Same as Notification procedures [FR Doc. 2016–00918 Filed 1–15–16; 8:45 am] AR2 Final Results. The Diamond above. BILLING CODE 3510–DS–P Sawblades Manufacturers’ Coalition (DSMC) challenged certain aspects of CONTESTING RECORD PROCEDURES: the Department’s AR2 Final Results. On Same as Notification procedures DEPARTMENT OF COMMERCE September 23, 2014, the Court above. remanded the AR2 Final Results to the International Trade Administration RECORD SOURCE CATEGORIES: Department to: (1) Reconsider the ATM Single Entity’s separate rate status; (2) Information that may be entered into [A–570–900] explain where in the statute or other the NHSQ and TSD will come from the Diamond Sawblades and Parts Thereof authority the Department finds the non- following sources: From the People’s Republic of China: ministerial discretion not to determine 1. The individual involved in the Notice of Court Decision Not in if there is a pattern of differing export medical record. Harmony With the Final Results of price or constructed export price for the 2. The authorized medical reviewer. Review and Amended Final Results of purposes of using an alternate 3. Other documentation submitted by the Antidumping Duty Administrative comparison methodology, regardless of medical providers of the individual. Review whether an allegation is raised to that 4. Medical events that occur while on effect; and (3) explain how the OMAO vessels. AGENCY: Enforcement and Compliance, International Trade Administration, methodology for valuing Weihai EXEMPTIONS CLAIMED FOR THE SYSTEM: Department of Commerce. Xiangguang Mechanical Industrial Co., None. SUMMARY: On October 21, 2015, the Ltd.’s (Weihai) steel cores is consistent United States Court of International with the first review, why Weihai’s Dated: January 12, 2016. NME experience better reflects Weihai’s Michael J. Toland, Trade (Court) sustained our final remand redetermination pertaining to experience of purchasing cores even Department of Commerce, Freedom of though it is located in an NME country, Information and Privacy Act Officer. the administrative review of the antidumping duty order on diamond and provide a full explanation of its [FR Doc. 2016–00834 Filed 1–15–16; 8:45 am] sawblades and parts thereof from the BILLING CODE 3510–12–P People’s Republic of China covering the 2 See Diamond Sawblades and Parts Thereof From the People’s Republic of China: Final Results period November 1, 2010, through of Antidumping Duty Administrative Review; 2010– 1 DEPARTMENT OF COMMERCE October 31, 2011. Consistent with the 2011, 78 FR 36166 (June 17, 2013), as amended in decision of the United States Court of Diamond Sawblades and Parts Thereof From the Appeals for the Federal Circuit (CAFC) People’s Republic of China: Amended Final Results Foreign-Trade Zones Board of Antidumping Duty Administrative Review; 2010– in Timken Co. v. United States, 893 F.2d 2011, 78 FR 42930 (July 18, 2013) (collectively, AR2 [B–57–2015] 337 (Fed. Cir. 1990) (Timken), as Final Results). clarified by Diamond Sawblades Mfrs. 3 The ATM Single Entity includes Advanced Correction Notice; Authorization of Coalition v. United States, 626 F.3d Technology & Materials Co., Ltd., Beijing Gang Yan Production Activity; Foreign-Trade Diamond Products Co., HXF Saw Co., Ltd., AT&M 1374 (Fed. Cir. 2010) (Diamond Zone 265; Bauer Manufacturing Inc.; International Trading Co., Ltd., and Cliff (Stationary Oil/Gas Drilling Rigs); International Ltd. See Diamond Sawblades and 1 See Final Remand Redetermination pursuant to Parts Thereof From the People’s Republic of China: Conroe, Texas Diamond Sawblades Manufacturers Coalition v. Final Results of Antidumping Duty Administrative United States, Court No. 13–00241, slip op. 14–112 Review; 2009–2010, 78 FR 11143, 11144–45 n.9 On August 19, 2015, the City of (Ct. Int’l Trade Sept. 23, 2014), dated May 18, 2015, (February 15, 2013), and Diamond Sawblades and Conroe, Texas, grantee of FTZ 265, and available at http://enforcement.trade.gov/ Parts Thereof From the People’s Republic of China: remands/14-112.pdf (AR2 Remand), aff’d, Diamond Preliminary Results of Antidumping Duty submitted a notification of proposed Sawblades Manufacturers’ Coalition v. United Administrative Review: 2010–2011, 77 FR 73417, production activity to the Foreign-Trade States, Court No. 13–00241, slip op. 15–116 (Ct. 73418 (December 10, 2012), unchanged in AR2 Zones (FTZ) Board on behalf of Bauer Int’l Trade Oct. 21, 2015). Final Results.

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chosen methodology.4 On remand, the merchandise based on the revised rate Coalition v. United States, 626 F.3d Department (1) denied the ATM Single the Department determined and listed 1374 (Fed. Cir. 2010) (Diamond Entity a separate rate and revised the above. Sawblades), the Department of PRC-wide rate; (2) explained that the Commerce (the Department) is notifying Cash Deposit Requirements Department’s practice is to require the public that the Court’s final targeted dumping allegations before the Since the AR2 Remand, the judgment in this case is not in harmony preliminary results and, because DSMC Department has established a new cash with the AR1 Final Results 2 and that filed the targeted dumping allegation deposit rate for the PRC-wide entity, the Department is amending the AR1 after the preliminary results, the which includes the ATM Single Entity.7 Final Results with respect to the ATM targeted dumping allegation in this Therefore, the cash deposit rate for the Single Entity 3 and the PRC-wide entity. review was untimely; and (3) explained PRC-wide entity does not need to be DATES: Effective Date: October 3, 2015. updated as a result of these amended the Department’s methodology for FOR FURTHER INFORMATION CONTACT: 5 final results. valuing Weihai’s steel cores. On Yang Jin Chun or Minoo Hatten, AD/ October 21, 2015, the Court upheld our Notification to Interested Parties CVD Operations, Office I, Enforcement final remand redetermination for this and Compliance, International Trade review in its entirety.6 This notice is issued and published in accordance with sections 516A(e)(1), Administration, U.S. Department of Timken Notice 751(a)(1), and 777(i)(1) of the Act. Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; In its decision in Timken, as clarified Dated: January 12, 2016. by Diamond Sawblades, the CAFC held telephone (202) 482–5760 or (202) 482– Paul Piquado, 1690, respectively. that, pursuant to section 516A(e) of the Assistant Secretary for Enforcement and SUPPLEMENTARY INFORMATION: Tariff Act of 1930, as amended (the Act), Compliance. the Department must publish a notice of [FR Doc. 2016–00917 Filed 1–15–16; 8:45 am] Background a court decision that is not ‘‘in BILLING CODE 3510–DS–P harmony’’ with a Department On February 15, 2013, the Department determination and must suspend published the AR1 Final Results. The Diamond Sawblades Manufacturers’ liquidation of entries pending a DEPARTMENT OF COMMERCE ‘‘conclusive’’ court decision. The Coalition challenged the Department’s Court’s final judgment affirming the International Trade Administration decisions to grant the ATM Single final remand redetermination Entity a separate rate and to not collapse [A–570–900] constitutes the Court’s final decision the state-owned enterprise, China Iron & which is not in harmony with the AR2 Steel Research Institute, within the Diamond Sawblades and Parts Thereof 4 Final Results. This notice is published ATM Single Entity. The Department From the People’s Republic of China: requested a voluntary remand to in fulfillment of the publication Notice of Court Decision Not in requirements of Timken. Accordingly, reconsider the separate rate eligibility Harmony With the Final Results of for the ATM Single Entity in this review the Department will continue the Review and Amended Final Results of suspension of liquidation of the subject and the Court granted the Department’s the Antidumping Duty Administrative request.5 On remand, the Department merchandise pending a final and Review conclusive court decision. determined that the ATM Single Entity AGENCY: Enforcement and Compliance, was ineligible for a separate rate and Amended Final Results of Review International Trade Administration, also revised the PRC-wide rate.6 On Because there is now a final court Commerce. September 23, 2015, the Court entered decision, the Department is amending SUMMARY: On September 23, 2015, the judgment sustaining the final remand the AR2 Final Results with respect to United States Court of International redetermination for this review in its the PRC-wide entity, which includes the Trade (Court) sustained our final entirety.7 remand redetermination pertaining to ATM Single Entity, as follows: Timken Notice the administrative review of the Weighted- antidumping duty order on diamond In its decision in Timken, as clarified average sawblades and parts thereof from the by Diamond Sawblades, the CAFC held Exporter dumping that, pursuant to section 516A(e) of the margin People’s Republic of China covering the (percent) period January 23, 2009, through Tariff Act of 1930, as amended (the Act), October 31, 2010.1 Consistent with the the Department must publish a notice of PRC-Wide Entity (which in- decision of the United States Court of cludes the ATM Single Enti- Appeals for the Federal Circuit (CAFC) 2 See Diamond Sawblades and Parts Thereof ty) ...... 82.05 From the People’s Republic of China: Final Results in Timken Co. v. United States, 893 F.2d of Antidumping Duty Administrative Review; 2009– 337 (Fed. Cir. 1990) (Timken), as 2010, 78 FR 11143 (February 15, 2013) (AR1 Final In the event the Court’s ruling is clarified by Diamond Sawblades Mfrs. Results). upheld by a final and conclusive court 3 The ATM Single Entity includes Advanced decision, the Department will instruct 7 See Diamond Sawblades and Parts Thereof Technology & Materials Co., Ltd., Beijing Gang Yan the U.S. Customs and Border Protection From the People’s Republic of China; Final Results Diamond Products Co., HXF Saw Co., Ltd., AT&M to assess antidumping duties on of Antidumping Duty Administrative Review; 2012– International Trading Co., Ltd., and Cliff 2013, 80 FR 32344 (June 8, 2015). International Ltd. See AR1 Final Results, 78 FR at unliquidated entries of subject 11144–45 n.9. 1 See Final Results of Redetermination pursuant 4 to Diamond Sawblades Manufacturers’ Coalition v. See Diamond Sawblades Manufacturers’ 4 See Diamond Sawblades Manufacturers United States, Court No. 13–00078, slip op. 14–50 Coalition v. United States, Court No. 13–00078, slip Coalition v. United States, Court No. 13–00241, slip (Ct. Int’l Trade April 29, 2014), dated April 10, op. 14–50 (Ct. Int’l Trade April 29, 2014). op. 14–112 (Ct. Int’l Trade Sept. 23, 2014). 2015, and available at http://enforcement.trade.gov/ 5 Id. 5 See AR2 Remand. remands/14–50.pdf (AR1 Remand), aff’d, Diamond 6 See AR1 Remand. 6 See Diamond Sawblades Manufacturers’ Sawblades Manufacturers’ Coalition v. United 7 See Diamond Sawblades Manufacturers’ Coalition v. United States, Court No. 13–00241, slip States, Court No. 13–00078, slip op. 15–105 (Ct. Coalition v. United States, Court No. 13–00078, slip op. 15–116 (Ct. Int’l Trade Oct. 21, 2015). Int’l Trade September 23, 2015). op. 15–105 (Ct. Int’l Trade Sept. 23, 2015).

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a court decision that is not ‘‘in DEPARTMENT OF COMMERCE administrative review on 44 harmony’’ with a Department companies.5 determination and must suspend International Trade Administration Partial Rescission liquidation of entries pending a ‘‘conclusive’’ court decision. The [A–570–918] Pursuant to 19 CFR 351.213(d)(1), the Court’s final judgment affirming the Secretary will rescind an administrative final remand redetermination Steel Wire Garment Hangers From the review, in whole or in part, if a party constitutes the Court’s final decision People’s Republic of China; 2014– who requested the review withdraws which is not in harmony with the AR1 2015; Partial Rescission of the Seventh the request within 90 days of the date Final Results. This notice is published Antidumping Duty Administrative of publication of notice of initiation of in fulfillment of the publication Review the requested review. All requests for requirements of Timken. Accordingly, administrative reviews on the 44 AGENCY: Enforcement and Compliance, the Department will continue the companies listed in the Appendix were International Trade Administration, 6 suspension of liquidation of the subject withdrawn. Accordingly, we are Department of Commerce. merchandise pending a final and rescinding this review, in part, with SUMMARY: On December 3, 2015, the conclusive court decision. respect to these entities, in accordance Department of Commerce with 19 CFR 351.213(d)(1). Amended Final Results of Review (‘‘Department’’) published a notice of This administrative review will initiation of an administrative review of continue with respect to Shanghai Wells Because there is now a final court the antidumping duty order on steel Hanger Co., Ltd. and Hong Kong Wells decision, the Department is amending wire garment hangers from the People’s Ltd. the AR1 Final Results with respect to Republic of China (‘‘PRC’’). Based on Assessment the PRC-wide entity, which includes the M&B Metal Products Co., Ltd.’s ATM Single Entity, as follows: (‘‘Petitioner’’) timely withdrawal of the The Department will instruct U.S. requests for review of certain Customs and Border Protection (‘‘CBP’’) Weighted- average companies, we are now rescinding this to assess antidumping duties on all Exporter dumping administrative review with respect to 44 appropriate entries. For the companies margin companies. for which this review is rescinded, (percent) DATES: Effective January 19, 2016. antidumping duties shall be assessed at rates equal to the cash deposit of PRC-Wide Entity (which in- FOR FURTHER INFORMATION CONTACT: estimated antidumping duties required cludes the ATM Single Enti- Jessica Weeks, AD/CVD Operations, ty) ...... 82.12 at the time of entry, or withdrawal from Office V, Enforcement and Compliance, warehouse, for consumption, in International Trade Administration, accordance with 19 CFR In the event the Court’s ruling is U.S. Department of Commerce, 14th 351.212(c)(1)(i). The Department upheld by a final and conclusive court Street and Constitution Avenue NW., intends to issue appropriate assessment decision, the Department will instruct Washington, DC 20230; telephone (202) instructions directly to CBP 15 days the U.S. Customs and Border Protection 482–4877. after publication of this notice. to assess antidumping duties on Background unliquidated entries of subject Notification to Importers merchandise based on the revised rate On October 1, 2015, the Department This notice serves as the only the Department determined and listed published a notice of ‘‘Opportunity to reminder to importers for whom this above. Request Administrative Review’’ of the review is being rescinded, as of the antidumping order on steel wire Cash Deposit Requirements publication date of this notice, of their garment hangers from the PRC.1 In responsibility under 19 CFR Since the AR1 Remand, the November 2015, the Department 351.402(f)(2) to file a certificate Department has established a new cash received multiple timely requests to regarding the reimbursement of deposit rate for the PRC-wide entity, conduct an administrative review of the antidumping duties prior to liquidation which includes the ATM Single Entity.8 antidumping duty order on steel wire of the relevant entries during this Therefore, the cash deposit rate for the garment hangers from the PRC.2 Based review period. Failure to comply with PRC-wide entity does not need to be upon these requests, on December 3, this requirement could result in the updated as a result of these amended 2015, the Department published a notice Secretary’s presumption that final results. of initiation of an administrative review reimbursement of the antidumping of the Order covering the period October duties occurred and the subsequent Notification to Interested Parties 1, 2014, to September 30, 2015.3 The assessment of double antidumping This notice is issued and published in Department initiated the administrative duties. accordance with sections 516A(e)(1), review with respect to 46 companies.4 751(a)(1), and 777(i)(1) of the Act. On December 16, 2015, Petitioner 5 See Letter to the Secretary of Commerce from withdrew its request for an Petitioner ‘‘Seventh Administrative Review of Steel Dated: January 12, 2016. Wire Garment Hangers from China—Petitioner’s Paul Piquado, Withdrawal of Review Request’’ (December 16, 1 See Antidumping or Countervailing Duty Order, 2015). Assistant Secretary for Enforcement and Finding, or Suspended Investigation; Opportunity 6 As stated in Change in Practice in NME Reviews, Compliance. To Request Administrative Review, 80 FR 59135 the Department will no longer consider the non- [FR Doc. 2016–00923 Filed 1–15–16; 8:45 am] (October 1, 2015). market economy (‘‘NME’’) entity as an exporter 2 See Notice of Antidumping Duty Order: Steel BILLING CODE 3510–DS–P conditionally subject to administrative reviews. See Wire Garment Hangers From the People’s Republic Antidumping Proceedings: Announcement of of China, 73 FR 58111 (October 6, 2008) (‘‘Order’’). Change in Department Practice for Respondent 8 See Diamond Sawblades and Parts Thereof 3 See Initiation of Antidumping and Selection in Antidumping Duty Proceedings and From the People’s Republic of China; Final Results Countervailing Duty Administrative Reviews, 80 FR Conditional Review of the Nonmarket Economy of Antidumping Duty Administrative Review; 2012– 75657 (December 3, 2015). Entity in NME Antidumping Duty Proceedings, 78 2013, 80 FR 32344 (June 8, 2015). 4 Id. FR 65963 (November 4, 2013).

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Notification Regarding Administrative 28. Shaoxing Gangyuan Metal Marine Mammal Protection Act of 1972, Protective Orders Manufactured Co. Ltd. as amended (16 U.S.C. 1361 et seq.), the 29. Shaoxing Guochao Metallic Products This notice also serves as a reminder regulations governing the taking and Co., Ltd. importing of marine mammals (50 CFR to parties subject to administrative 30. Shaoxing Liangbao Metal Manufactured protective orders (‘‘APO’’) of their Co. Ltd. part 216). responsibility concerning the return or 31. Shaoxing Meideli Hanger Co. Ltd. Dr. Reichmuth is authorized to destruction of proprietary information 32. Shaoxing Shunji Metal Clotheshorse conduct comparative psychological and disclosed under APO in accordance Co., Ltd. physiological studies with captive with 19 CFR 351.305, which continues 33. Shaoxing Shuren Tie Co. Ltd. California sea lions (Zalophus to govern business proprietary 34. Shaoxing Tongzhou Metal californianus), harbor seals (Phoca information in this segment of the Manufactured Co. Ltd. vitulina), spotted seals (Phoca largha), 35. Shaoxing Zhongbao Metal proceeding. Timely written notification ringed seals (Pusa hispida), and bearded Manufactured Co. Ltd. seals (Erignathus barbatus) at Long of the return or destruction of APO 36. Shaoxing Zhongdi Foreign Trade Co. materials or conversion to judicial Ltd. Marine Laboratory (Santa Cruz, CA) and protective order is hereby requested. 37. Tianjin Innovation International the Alaska SeaLife Center (Seward, AK). Failure to comply with the regulations 38. Tianjin Tailai Import and Export Co. Up to four individuals per species may and terms of an APO is a violation Ltd. be studied at both facilities combined which is subject to sanction. 39. Wahfay Industrial (Group) Co., Ltd. over the duration of the permit. The 40. Wesken International (Kunshan) Co. permit expires on October 15, 2020. Notification to Interested Parties Ltd. In compliance with the National This notice is issued and published in 41. Xia Fang Hanger (Cambodia) Co., Ltd. Environmental Policy Act of 1969 (42 accordance with sections 751 and 42. Zhejiang Hongfei Plastic Industry Co. U.S.C. 4321 et seq.), a final Ltd. determination has been made that the 777(i)(l) of the Tariff Act of 1930, as 43. Zhejiang Jaguar Import & Export Co. amended, and 19 CFR 351.213(d)(4). Ltd. activity proposed is categorically Dated: January 11, 2016. 44. Zhejiang Lucky Cloud Hanger Co. Ltd. excluded from the requirement to prepare an environmental assessment or Christian Marsh, [FR Doc. 2016–00920 Filed 1–15–16; 8:45 am] environmental impact statement. Deputy Assistant Secretary for Antidumping BILLING CODE 3510–DS–P and Countervailing Duty Operations. Dated: January 6, 2016. Julia Harrison, Appendix DEPARTMENT OF COMMERCE Chief, Permits and Conservation Division, 1. Da Sheng Hanger Ind. Co., Ltd. Office of Protected Resources, National 2. Feirongda Weaving Material Co. Ltd. National Oceanic and Atmospheric Marine Fisheries Service. 3. Hangzhou Qingqing Mechanical Co. Ltd. Administration [FR Doc. 2016–00821 Filed 1–15–16; 8:45 am] 4. Hangzhou Yingqing Material Co. Ltd. 5. Hangzhou Yinte RIN 0648–XD856 BILLING CODE 3510–22–P 6. Hongye (HK) Group Development Co. Ltd. Marine Mammals; File No. 18902 7. Liaoning Metals & Mineral Imp/Exp DEPARTMENT OF COMMERCE Corp. AGENCY: National Marine Fisheries 8. Nantong Eason Foreign Trade Co., Ltd. Service (NMFS), National Oceanic and National Oceanic and Atmospheric 9. Ningbo Bingcheng Import & Export Co. Atmospheric Administration (NOAA), Administration Ltd. Commerce. RIN 0648–XE400 10. Ningbo Dasheng Daily Products Co., ACTION: Notice; issuance of permit. Ltd. Endangered Species; File No. 19637 11. Ningbo Dasheng Hanger Ind. Co. Ltd. SUMMARY: Notice is hereby given that a 12. Ningbo Peacebird Import & Export Co. permit has been issued to Colleen AGENCY: National Marine Fisheries Ltd. Reichmuth, Ph.D., Long Marine 13. Shang Zhou Leather Shoes Plant Service (NMFS), National Oceanic and 14. Shanghai Bao Heng Relay Making Co., Laboratory, University of California at Atmospheric Administration (NOAA), Ltd. Santa Cruz, 100 Shaffer Road, Santa Commerce. 15. Shanghai Ding Ying Printing & Dyeing Cruz, CA 95060, to conduct research on ACTION: Notice; receipt of application. Co. Ltd. pinnipeds in captivity. 16. Shanghai Ganghun Beddiry Clothing ADDRESSES: The permit and related SUMMARY: Notice is hereby given that Factory documents are available for review Allen Foley, Florida Fish and Wildlife 17. Shanghai Guangwei Shoes Co., Ltd. 18. Shanghai Guoxing Metal Products Co. upon written request or by appointment Conservation Commission, Fish and Ltd. in the Permits and Conservation Wildlife Research Institute, 370 Zoo 19. Shanghai Jianhai International Trade Division, Office of Protected Resources, Parkway, Jacksonville, FL 32218, has Co. Ltd. NMFS, 1315 East-West Highway, Room applied in due form for a permit to take 20. Shanghai Lian Development Co. Ltd. 13705, Silver Spring, MD 20910; phone green (Chelonia mydas), loggerhead 21. Shanghai Shuang Qiang Embroidery (301) 427–8401; fax (301) 713–0376. (Caretta caretta), hawksbill Factory Co. Ltd. FOR FURTHER INFORMATION CONTACT: (Eretmochelys imbricata) and Kemp’s 22. Shanghai Tonghui. ridley (Lepidochelys kempii) sea turtles 23. Shangyu Baoli Electro Chemical Amy Sloan, (301) 427–8401. Aluminum Products Co., Ltd. SUPPLEMENTARY INFORMATION: On August for purposes of scientific research. 24. Shangyu Baoxiang Metal Manufactured 31, 2015, notice was published in the DATES: Written, telefaxed, or email Co. Ltd. Federal Register (80 FR 52452) that a comments must be received on or before 25. Shangyu Tongfang Labour Protective request for a permit to conduct research February 18, 2016. Articles Co., Ltd. 26. Shaoxing Andrew Metal Manufactured on pinniped species in captivity had ADDRESSES: The application and related Co. Ltd. been submitted by the above-named documents are available for review by 27. Shaoxing Dingli Metal Clotheshorse Co. applicant. The requested permit has selecting ‘‘Records Open for Public Ltd. been issued under the authority of the Comment’’ from the ‘‘Features’’ box on

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the Applications and Permits for Dated: January 12, 2016. Dated: January 13, 2016. Protected Species (APPS) home page, Julia Harrison, Tracey L. Thompson, https://apps.nmfs.noaa.gov, and then Chief, Permits and Conservation Division, Acting Deputy Director, Office of Sustainable selecting File No. 19637 from the list of Office of Protected Resources, National Fisheries, National Marine Fisheries Service. available applications. Marine Fisheries Service. [FR Doc. 2016–00839 Filed 1–15–16; 8:45 am] These documents are also available [FR Doc. 2016–00806 Filed 1–15–16; 8:45 am] BILLING CODE 3510–22–P upon written request or by appointment BILLING CODE 3510–22–P in the Permits and Conservation Division, Office of Protected Resources, DEPARTMENT OF COMMERCE NMFS, 1315 East-West Highway, Room DEPARTMENT OF COMMERCE National Oceanic and Atmospheric 13705, Silver Spring, MD 20910; phone Administration (301) 427–8401; fax (301) 713–0376. National Oceanic and Atmospheric Written comments on this application Administration Submission for OMB Review; should be submitted to the Chief, Comment Request Permits and Conservation Division, at RIN 0648–XE402 the address listed above. Comments may The Department of Commerce will also be submitted by facsimile to (301) Mid-Atlantic Fishery Management submit to the Office of Management and 713–0376, or by email to Council (MAFMC); Public Meeting Budget (OMB) for clearance the [email protected]. Please following proposal for collection of include the File No. in the subject line AGENCY: National Marine Fisheries information under the provisions of the of the email comment. Service (NMFS), National Oceanic and Paperwork Reduction Act (44 U.S.C. Atmospheric Administration (NOAA), Chapter 35). Those individuals requesting a public Commerce. Agency: National Oceanic and hearing should submit a written request Atmospheric Administration (NOAA). to the Chief, Permits and Conservation ACTION: Notice; public meeting. Title: Marine Recreational Information Division at the address listed above. The Program, Access-Point Angler Intercept request should set forth the specific SUMMARY: The Mid-Atlantic Fishery Survey. reasons why a hearing on this Management Council (Council) will OMB Control Number: 0648–0659. application would be appropriate. hold a meeting to develop recreational Form Number(s): None. FOR FURTHER INFORMATION CONTACT: blueline tilefish catch estimates. Type of Request: Regular (extension of Arturo Herrera or Amy Hapeman, (301) DATES: The meeting will be held on a currently approved information 427–8401. Thursday, February 4, 2016, beginning collection). Number of Respondents: 95,000. SUPPLEMENTARY INFORMATION: The at 8:30 a.m. For agenda details, see SUPPLEMENTARY INFORMATION. Average Hours Per Response: 5 subject permit is requested under the minutes. authority of the Endangered Species Act ADDRESSES: The meeting will at the Burden Hours: 7,917. of 1973, as amended (ESA; 16 U.S.C. DoubleTree by Hilton Baltimore-BWI Needs and Uses: This request is for 1531 et seq.) and the regulations Airport; 890 Elkridge Landing Rd, extension of a currently approved governing the taking, importing, and Linthicum Heights, MD 21090. information collection. exporting of endangered and threatened Marine recreational anglers are species (50 CFR parts 222–226). Council address: Mid-Atlantic Fishery Management Council, 800 N. State surveyed to collect catch and effort data, The applicant requests a five-year Street, Suite 201, Dover, DE 19901; fish biology data, and angler permit to conduct research in Southwest telephone: (302) 674–2331 or on their socioeconomic characteristics. These Florida Bay to monitor the abundance of Web site at www.mafmc.org. data are required to carry out provisions loggerhead and green sea turtles, of the Magnuson-Stevens Fishery characterize the aggregations of FOR FURTHER INFORMATION CONTACT: Conservation and Management Act (16 loggerheads, Kemp’s ridleys, and Christopher M. Moore, Ph.D., Executive U.S.C. 1801 et seq.), as amended, hawksbills, and determine the Director, Mid-Atlantic Fishery regarding conservation and management movements, behaviors, and habitat-use Management Council, telephone: (302) of fishery resources. of loggerheads. The research will be 526–5255. Marine recreational fishing catch and late-spring to late-summer (May-August) effort data are collected through a SUPPLEMENTARY INFORMATION: The in southwestern Florida Bay and within combination of mail surveys, telephone Council will host a panel of fishermen the boundaries of the Everglades NP in surveys and on-site intercept surveys to help develop recreational blueline the vicinity of Arsnicker, Rabbit, and with recreational anglers. Amendments Twin Keys. The applicant expects to tilefish catch estimates in the Mid- to the Magnuson-Stevens Fishery approach and count up to 100 green sea Atlantic. Briefing documents will be Conservation and Management Act turtles annually during vessel surveys posted to http://www.mafmc.org/ (MSA) require the development of an and to capture up to 125 loggerheads, 10 actions/blueline-tilefish when available. improved data collection program for Kemp’s ridleys, and 5 hawksbills The meeting will begin at 8:30 a.m. and recreational fisheries. To partially meet annually. Sea turtles will be captured by should finish by 5 p.m. these requirements, NOAA Fisheries hand and the following procedures Special Accommodations designed and implemented a new would be performed before release: Access-Point Angler Intercept Survey Measure, photograph, weigh, flipper This meeting is physically accessible (APAIS) in 2013 to ensure better tagging, passive integrated transponder to people with disabilities. Requests for coverage and representation of tagging, temporary carapace marking, sign language interpretation or other recreational fishing activity. and blood sample. Up to 10 of the auxiliary aid should be directed to M. The APAIS intercepts marine loggerheads also would have tumors Jan Saunders, (302) 526–5251, at least 5 recreational fishers at public-access sites tissue sampled annually. days prior to the meeting date. in coastal counties from Maine to

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Louisiana, Hawaii, and Puerto Rico, to ADDRESSES: The permit and related purposes and policies set forth in obtain information about the just- documents are available for review section 2 of the ESA. completed day’s fishing activity. upon written request or by appointment Dated: January 13, 2016. Respondents are asked about the time in the Permits and Conservation Julia Harrison, and type of fishing, the angler’s avidity Division, Office of Protected Resources, Chief, Permits and Conservation Division, and residence location, and details of NMFS, 1315 East-West Highway, Room Office of Protected Resources, National any catch of finfish. Species 13705, Silver Spring, MD 20910; phone Marine Fisheries Service. identification, number, and size are (301) 427–8401; fax (301) 713–0376. [FR Doc. 2016–00857 Filed 1–15–16; 8:45 am] collected for any available landed catch. FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P Data collected from the APAIS are used Brendan Hurley or Jennifer Skidmore, to estimate the catch per angler of (301) 427–8401. recreational saltwater fishers. These DEPARTMENT OF COMMERCE APAIS estimates are combined with SUPPLEMENTARY INFORMATION: On Dec 8, estimates derived from independent but 2014, notice was published in the National Telecommunications and complementary surveys of fishing effort, Federal Register (79 FR 72630) that a Information Administration the Coastal Household Telephone request for a permit to receive, import, Survey and the For-Hire Survey, to and export specimens of marine Proposed Information Collection; estimate total, state-level fishing catch, mammals for scientific research Comment Request; State and Local by species, and participation. These purposes had been submitted by the Implementation Grant Program estimates are used in the development, above-named applicant. The requested Reporting Requirements permit has been issued under the implementation, and monitoring of AGENCY: National Telecommunications authority of the Marine Mammal fishery management programs by the and Information Administration, Protection Act of 1972, as amended (16 NMFS, regional fishery management Commerce. councils, interstate marine fisheries U.S.C. 1361 et seq.), the regulations ACTION: Notice. commissions, and state fishery agencies. governing the taking and importing of Affected Public: Individuals or marine mammals (50 CFR part 216), the SUMMARY: The Department of households. Endangered Species Act of 1973, as Commerce, as part of its continuing Frequency: On occasion. amended (ESA; 16 U.S.C. 1531 et seq.), effort to reduce paperwork and Respondent’s Obligation: Voluntary. the regulations governing the taking, respondent burden, invites the general This information collection request importing, and exporting of endangered public and other Federal agencies to may be viewed at reginfo.gov. Follow and threatened species (50 CFR parts take this opportunity to comment on the instructions to view Department of 222–226), and the Fur Seal Act of 1966, proposed and/or continuing information Commerce collections currently under as amended (16 U.S.C. 1151 et seq.). collections, as required by the review by OMB. The permit authorizes the permit Paperwork Reduction Act of 1995. Written comments and holder to (1) import/export marine DATES: Written comments must be recommendations for the proposed mammal parts (bones and organ tissue submitted on or before March 21, 2016. information collection should be sent samples) from dead beach-cast within 30 days of publication of this ADDRESSES: Direct all written comments _ carcasses, (2) receive/archive and export to Jennifer Jessup, Departmental notice to OIRA Submission@ samples of marine mammals taken by omb.eop.gov or fax to (202) 395–5806. Paperwork Clearance Officer, Alaskan Native subsistence hunters, and Department of Commerce, Room 6616, Dated: January 12, 2016. (3) receive, import/export specimens 14th and Constitution Avenue NW., Sarah Brabson, from scientists in academic, federal, and Washington, DC 20230 (or via the NOAA PRA Clearance Officer. state institutions involved in marine Internet at [email protected]). [FR Doc. 2016–00757 Filed 1–15–16; 8:45 am] mammal research under their own FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P permits. Unlimited samples from up to Requests for additional information or 2,000 pinnipeds (excluding walrus) and copies of the information collection 600 cetaceans would be collected, instruments and instructions should be DEPARTMENT OF COMMERCE received, imported, or exported sent to Michael Dame, annually. Import/export activities Telecommunications Policy Specialist, National Oceanic and Atmospheric would occur world-wide. No live Administration Office of Public Safety Communications, animals would be harassed or taken, National Telecommunications and RIN 0648–XD527 lethally or otherwise, under the Information Administration, U.S. requested permit. The permit is valid Department of Commerce, 1401 Marine Mammals; File No. 18727 through December 31, 2020. Constitution Avenue NW., Room 4078, In compliance with the National AGENCY: National Marine Fisheries Washington, DC 20230 (or via email at Service (NMFS), National Oceanic and Environmental Policy Act of 1969 (42 [email protected]). Atmospheric Administration (NOAA), U.S.C. 4321 et seq.), a final SUPPLEMENTARY INFORMATION: Commerce. determination has been made that the activity proposed is categorically I. Abstract ACTION: Notice; issuance of permit. excluded from the requirement to The Middle Class Tax Relief and Job SUMMARY: Notice is hereby given that a prepare an environmental assessment or Creation Act of 2012 (Act, Pub. L. 112– permit has been issued to University of environmental impact statement. 96, 126 Stat. 156 (2012)) was signed by Alaska Museum of the North, 907 As required by the ESA, issuance of the President on February 22, 2012. The Yukon Drive, Fairbanks, AK 99775– this permit was based on a finding that Act meets a long-standing priority of the 6960 (Aren Gunderson, Responsible such permit: (1) Was applied for in good Administration, as well as a critical Party), to collect, import and export faith; (2) will not operate to the national infrastructure need, to create a specimens of marine mammals for disadvantage of such endangered single, interoperable, nationwide public scientific research. species; and (3) is consistent with the safety broadband network (NPSBN) that

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will, for the first time, allow police (v) assignment of priority to local users grant recipients are effectively officers, fire fighters, emergency medical and selection of entities seeking monitored and evaluated against the service professionals, and other public network access; and (vi) training needs core purposes of the program safety officials to effectively of local users. established by the Act. The publication communicate with each other across Additionally, the Act specifies that of this notice allows NTIA to begin the agencies and jurisdictions. Public safety these required consultations are to occur process to extend the approval for the workers have long been hindered in between FirstNet and the single point of standard three years. their ability to respond in a crisis contact that the State was required to situation because of incompatible designate in its application for grant II. Method of Collection communications networks and often funds under SLIGP or that the governor outdated communications equipment. has since designated. Thus, progress in Paper format. The Act establishes the First Responder meeting FirstNet’s responsibilities III. Data Network Authority (FirstNet) as an under the Act, including its required independent authority within NTIA and consultations, is inextricably linked to OMB Control Number: 0660–0038. authorizes it to take all actions SLIGP. FirstNet must rely on NTIA to Form Number(s): None. necessary to ensure the design, utilize SLIGP as the principal means to construction, and operation of the facilitate its required consultations. At Type of Review: Regular submission NPSBN, based on a single, national the same time, without funding (extension of a currently approved network architecture. assistance from SLIGP, the states would information collection with a minor FirstNet is responsible for, at a lack the resources to consult effectively adjustment to the form. The minor minimum, ensuring nationwide with FirstNet and provide it with adjustments will not impact the time standards for the use of and access to information needed for it to proceed needed to complete the form). the network; issuing open, transparent, with the design and construction of a Affected Public: State, regional, local, and competitive requests for proposals NPSBN in an effective and timely and tribal government organizations. (RFPs) to build, operate, and maintain manner, as required by the Act. the network; encouraging these RFPs to To ensure effective grant oversight Frequency: Quarterly. leverage, to the maximum extent and management, SLIGP developed a Number of Respondents: 54. economically desirable, existing quarterly performance progress report Average Time per Response: 12.5 (PPR) form for recipients to complete as commercial wireless infrastructure to hours. speed deployment of the network; and part of post-award monitoring overseeing contracts with non-federal throughout the period of performance. Estimated Total Annual Burden entities to build, operate, and maintain The PPRs are critical to the success of Hours: 2,700. the network. the program and provide key insights Estimated Total Annual Cost to The Act also charges NTIA with into how grant funds are being used. Public: $105,246. establishing a grant program, the State Recipients are asked to report on and Local Implementation Grant progress toward program priority areas, IV. Request for Comments Program (SLIGP), to assist state, which include stakeholders engaged, regional, tribal, and local jurisdictions individuals sent to broadband Comments are invited on: (a) Whether with identifying, planning, and conferences, staff hired, contracts the proposed collection of information implementing the most efficient and executed, governance meetings held, is necessary for the proper performance effective means to use and integrate the and outreach materials distributed, as of the functions of the agency, including infrastructure, equipment, and other well as financial expenditures by cost whether the information shall have architecture associated with the NPSBN category. The original approval of the practical utility; (b) the accuracy of the to satisfy the wireless broadband and performance progress report form was agency’s estimate of the burden data services needs of their obtained on August 1, 2013, and the (including hours and cost) of the jurisdictions. The SLIGP program office current form has an expiration date of proposed collection of information; (c) awarded $116.5 million in grant funds August 31, 2016. NTIA seeks to extend ways to enhance the quality, utility, and to 54 active state and territorial the approval of this form, with a minor clarity of the information to be recipients between July 2013 and June adjustment to the wording on the form collected; and (d) ways to minimize the 2014. to more clearly indicate to recipients burden of the collection of information Moreover, the Act’s framework how they are to report each measure. on respondents, including through the contemplates that FirstNet will Currently the form includes a line for use of automated collection techniques coordinate its activities with state, ‘‘Stakeholder Meetings,’’ but this metric or other forms of information regional, tribal, and local governments is actually intended to capture the technology. and imposes a statutory requirement number of stakeholders engaged. The that FirstNet consult with these entities SLIGP program office proposes changing Comments submitted in response to as it takes all actions necessary to build, the wording to ‘‘Stakeholders Engaged.’’ this notice will be summarized and/or deploy, and operate the NPSBN. The SLIGP program office also proposes included in the request for OMB Specifically, the Act requires FirstNet to to change the current line for approval of this information collection; consult with state, regional, tribal, and ‘‘Education and Outreach Materials’’ to they will also become a matter of public local governments about the distribution ‘‘Education and Outreach Materials record. and expenditure of any amounts Distributed.’’ The proposed minor Dated: January 12, 2016. required to carry out its responsibilities, revisions will not affect the amount of including: (i) The construction of a core time needed to complete the form; Glenna Mickelson, network and any radio access network rather, the proposed minor revisions Management Analyst, Office of the Chief build-out; (ii) placement of towers; (iii) will provide more clarity to recipients Information Officer. coverage areas of the network; (iv) and reduce the time needed for [FR Doc. 2016–00764 Filed 1–15–16; 8:45 am] adequacy of hardware, security, revisions. NTIA will use the collection BILLING CODE 3510–06–P reliability, and resiliency requirements; of information to ensure that SLIGP

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BUREAU OF CONSUMER FINANCIAL DC 20552, (202) 435–9575, or email: COURT SERVICES AND OFFENDER PROTECTION [email protected]. Please do not submit SUPERVISION AGENCY FOR THE comments to this email box. DISTRICT OF COLUMBIA [Docket No. CFPB–2016–0001] SUPPLEMENTARY INFORMATION: Agency Information Collection SES Performance Review Board Title of Collection: Generic Activities: Submission for OMB AGENCY: Court Services and Offender Information Collection Plan for Review; Comment Request Supervision Agency for the District of Information on Compliance Costs and Columbia. AGENCY: Bureau of Consumer Financial Other Effects of Regulations. Protection. ACTION: Notice. OMB Control Number: 3170–0032. ACTION: Notice and request for comment. Type of Review: Extension without SUMMARY: Notice is hereby given of the SUMMARY: In accordance with the change of an existing information appointment of new members to the Paperwork Reduction Act of 1995 collection. Court Services and Offender Supervision Agency (CSOSA) and the (PRA), the Consumer Financial Affected Public: Private Sector. Protection Bureau (Bureau) is proposing Pretrial Services Agency for the District to renew the Office of Management and Estimated Number of Annual of Columbia (PSA), Senior Executive Budget (OMB) approval for an existing Respondents: 8,150. Service Performance Review Board. PSA information collection titled, ‘‘Generic Estimated Total Annual Burden is an independent agency within Information Collection Plan for Hours: 9,008. CSOSA. The Performance Review Board Information on Compliance Costs and assures consistency, stability, and Abstract: The Dodd-Frank Wall Street objectivity in the appraisal process. Other Effects of Regulations.’’ Reform and Consumer Protection Act DATES: Effective: January 25, 2016. DATES: Written comments are requires or authorizes the Consumer FOR FURTHER INFORMATION CONTACT: encouraged and must be received on or Financial Projection Bureau to William Layne, Assistant Director before February 18, 2016 to be assured implement new consumer protections in Human Capital Planning and Executive of consideration. certain sectors of financial markets, ADDRESSES: You may submit comments, Resources, Court Services and Offender including the mortgage and remittance Supervision Agency, 800 North Capitol identified by the title of the information industries. The information collected is collection, OMB Control Number (see Street NW., Suite 700, Washington, DC required in order to effectively 20005 (202) 220–5637. below), and docket number (see above), incorporate information from providers SUPPLEMENTARY INFORMATION: Section by any of the following methods: concerning compliance costs and other • Electronic: http:// 4314(c)(1) through (5) of Title 5 of the effects of regulations into potential www.regulations.gov. Follow the United States Code, requires each instructions for submitting comments. rulemakings. agency to establish, in accordance with • OMB: Office of Management and Request for Comments: The Bureau regulations prescribed by the Office of Budget, New Executive Office Building, issued a 60-day Federal Register notice Personnel Management, one or more Room 10235, Washington, DC 20503 or on October 29, 2015, (80 FR 66495). SES performance review boards. Section fax to (202) 395–5806. Mailed or faxed Comments were solicited and continue 4314(c)(4) of Title 5 requires that notice comments to OMB should be to the to be invited on: (a) Whether the of appointment of board members be attention of the OMB Desk Officer for collection of information is necessary published in the Federal Register. The the Bureau of Consumer Financial for the proper performance of the Performance Review Board is Protection. Please note that comments functions of the Bureau, including responsible for making submitted after the comment period will whether the information will have recommendations to the appointing and not be accepted. In general, all practical utility; (b) The accuracy of the awarding authority on the performance comments received will become public Bureau’s estimate of the burden of the appraisal ratings and performance records, including any personal collection of information, including the awards for the Senior Executive Service information provided. Sensitive validity of the methods and the employees. Members of the board will serve a 12-month term that shall begin personal information, such as account assumptions used; (c) Ways to enhance numbers or social security numbers, on January 25, 2016. The following the quality, utility, and clarity of the should not be included. executives have been designated as information to be collected; and (d) FOR FURTHER INFORMATION CONTACT: members of the Performance Review Ways to minimize the burden of the Board for CSOSA and PSA: Documentation prepared in support of collection of information on this information collection request is James Berry, Deputy Director for CSOSA respondents, including through the use available at www.reginfo.gov (this link Leslie Cooper, Deputy Director for PSA of automated collection techniques or Catherine Terry-Crusor, Associate Director active on the day following publication other forms of information technology. for the Office of Operations for PSA of this notice). Select ‘‘Information Mindy Ginsburg, Deputy Managing Collection Review,’’ under ‘‘Currently Comments submitted in response to this notice will be summarized and/or Director for the Federal Communications under review, use the dropdown menu Commission ‘‘Select Agency’’ and select ‘‘Consumer included in the request for OMB Paul Girardo, Associate Director for the Financial Protection Bureau’’ (recent approval. All comments will become a Office of Financial Management for submissions to OMB will be at the top matter of public record. CSOSA Cedric Hendricks, Associate Director of of the list). The same documentation is Dated: January 12, 2016. also available at http:// Office of Legislative, Intergovernmental Darrin A. King, and Public Affairs for CSOSA www.regulations.gov. Requests for Paperwork Reduction Act Officer, Bureau of David Huffer, Associate Director for the additional information should be Consumer Financial Protection. Office of Research and Evaluation for directed to the Consumer Financial [FR Doc. 2016–00850 Filed 1–15–16; 8:45 am] CSOSA Reginald James, Associate Protection Bureau, (Attention: PRA Director for Management and Office), 1700 G Street NW., Washington, BILLING CODE 4810–AM–P Administration for CSOSA

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Clifford Keenan, Director for PSA DEPARTMENT OF EDUCATION necessary to the proper functions of the William Kirkendale, Chief Information Department; (2) will this information be Officer for CSOSA [Docket No. ED–2016–ICCD–0008] processed and used in a timely manner; Linda Mays, Associate Director of the (3) is the estimate of burden accurate; Office of Human Resources for CSOSA Agency Information Collection Keith Nakasone, Senior Procurement Activities; Comment Request; Parent (4) how might the Department enhance Executive for the Federal Information and School Choice the quality, utility, and clarity of the Communications Commission Evaluation information to be collected; and (5) how Jasper Ormond, Associate Director for the might the Department minimize the Community Justice Programs for CSOSA AGENCY: Institute of Education Sciences burden of this collection on the Barry Socks, Chief Operating Officer for the (IES), Department of Education (ED). respondents, including through the use National Capital Planning Commission ACTION: Notice. of information technology. Please note Sheila Stokes, General Counsel for CSOSA that written comments received in and PSA SUMMARY: In accordance with the response to this notice will be Authority: Section 4314(c)(1) through (5) of Paperwork Reduction Act of 1995 (44 considered public records. Title 5, United States Code U.S.C. chapter 3501 et seq.), ED is Title of Collection: Parent Information Dated: January 12, 2016. proposing a new information collection. and School Choice Evaluation. OMB Control Number: 1850–NEW. Diane Bradley, DATES: Interested persons are invited to submit comments on or before March Type of Review: A new information Federal Register Liaison. 21, 2016. collection. [FR Doc. 2016–00832 Filed 1–15–16; 8:45 am] ADDRESSES: To access and review all the Respondents/Affected Public: BILLING CODE 3129–04–P documents related to the information Individuals or Households. Total Estimated Number of Annual collection listed in this notice, please Responses: 3,525. use http://www.regulations.gov by DEPARTMENT OF DEFENSE Total Estimated Number of Annual searching the Docket ID number ED– Burden Hours: 2,306. Office of the Secretary 2016–ICCD–0008. Comments submitted Abstract: Sponsored by the Institute in response to this notice should be of Education Sciences (IES), U.S. Charter Renewal of Department of submitted electronically through the Department of Education, the Parent Defense Federal Advisory Committees Federal eRulemaking Portal at http:// Information and School Choice www.regulations.gov by selecting the AGENCY: Department of Defense. Evaluation (PISCE) is an important first Docket ID number or via postal mail, step toward filling the wide gap in ACTION: Charter Amendment of Federal commercial delivery, or hand delivery. knowledge about how to present school Advisory Committee. Please note that comments submitted by choice information to parents. This fax or email and those submitted after SUMMARY: The Department of Defense is research is needed to provide guidance the comment period will not be publishing this notice to announce that to districts where school choice is accepted. Written requests for it is amending the charter for the expanding. PISCE seeks to identify the information or comments submitted by National Commission on the Future of format, amount, and organization of postal mail or delivery should be the Army (‘‘the Commission’’). information that is most comprehensible addressed to the Director of the FOR FURTHER INFORMATION CONTACT: Jim and usable to parents. The study will Information Collection Clearance target low-income parents of school-age Freeman, Advisory Committee Division, U.S. Department of Education, Management Officer for the Department children and will evaluate perceptions 400 Maryland Avenue SW., LBJ, Room of different presentations of school of Defense, 703–692–5952. 2E105, Washington, DC 20202–4537. SUPPLEMENTARY INFORMATION: This information. The results of the study FOR FURTHER INFORMATION CONTACT: For will be used to create a reader-friendly committee’s charter is being amended specific questions related to collection pursuant to Section 1702 of the Carl guide for school districts. activities, please contact Meredith IES has contracted with Mathematica Levin and Howard P. ‘‘Buck’’ McKeon Bachman, (202) 245–7494. Policy Research to conduct the needed National Defense Authorization Act for SUPPLEMENTARY INFORMATION: The research. Most of the experiment will be Fiscal Year 2015 (‘‘the FY 2015 NDAA’’) Department of Education (ED), in conducted with members of a standing (Publ. L. 113–291), as amended by accordance with the Paperwork panel who already complete surveys on Section 1061 of the National Defense Reduction Act of 1995 (PRA) (44 U.S.C. a regular basis for a variety of purposes. Authorization Act for Fiscal Year 2016 3506(c)(2)(A)), provides the general This approach provides a low-cost and (‘‘the FY 2016 NDAA’’) (Pub. L. 114– public and Federal agencies with an quick turnaround method to obtain 92), and in accordance with the Federal opportunity to comment on proposed, findings related to the understandability Advisory Committee Act (FACA) of revised, and continuing collections of of school choice information, which 1972 (5 U.S.C., Appendix, as amended) information. This helps the Department does not require respondents to be and 41 CFR 102–3.50(a). Pursuant to section 1061 of the FY assess the impact of its information making actual school choices for their 2016 NDAA, Section 10 of FACA shall collection requirements and minimize children. To enhance what can be not apply to a meeting of the the public’s reporting burden. It also learned from the standing panel, the Commission unless the meeting is helps the public understand the research team also intends to recruit a attended by five or more members of the Department’s information collection sample of low-income parents of school- Commission. requirements and provide the requested age children from locations where a data in the desired format. ED is public school choice marketplace with Dated: January 13, 2016. soliciting comments on the proposed unified enrollment has been active for at Aaron Siegel, information collection request (ICR) that least two years. Parents who have Alternate OSD Federal Register Liaison is described below. The Department of experienced public school choice or are Officer, Department of Defense. Education is especially interested in at least exposed to open enrollment in [FR Doc. 2016–00829 Filed 1–15–16; 8:45 am] public comment addressing the their district may experience the BILLING CODE 5001–06–P following issues: (1) Is this collection experiment differently than the standing

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panel members, for whom considering Education, 550 12th Street SW., Suite Dated: January 13, 2016. schools other than one’s default 4160, Washington, DC 20202. Ruth Curran Neild, neighborhood school may be unfamiliar. Privacy Note: The Department’s Deputy Director for Policy and Research, This augmented sample of, presumably, policy is to make all comments received Delegated Duties of the Director of the less survey-savvy low-income parents from members of the public available for Institute of Education Sciences. will be used to provide a sensitivity public viewing in their entirety on the [FR Doc. 2016–00919 Filed 1–15–16; 8:45 am] check of the findings based on the Federal eRulemaking Portal at BILLING CODE 4000–01–P standing panel alone. www.regulations.gov. Therefore, Dated: January 13, 2016. commenters should be careful to Stephanie Valentine, include in their comments only DEPARTMENT OF ENERGY Acting Director, Information Collection information that they wish to make publicly available. Federal Energy Regulatory Clearance Division, Office of the Chief Privacy Commission Officer, Office of Management. FOR FURTHER INFORMATION CONTACT: Dr. [FR Doc. 2016–00845 Filed 1–15–16; 8:45 am] Audrey Pendleton, Associate [Docket No. ER16–38–001] BILLING CODE 4000–01–P Commissioner, Evaluation Division, National Center for Education Kingbird Solar A, LLC; Supplemental Evaluation and Regional Assistance, Notice That Initial Market-Based Rate DEPARTMENT OF EDUCATION Institute of Education Sciences, U.S. Filing Includes Request for Blanket Section 204 Authorization [ED–2015–IES–0100] Department of Education, 555 12th Street SW., Suite 4160, Washington, DC This is a supplemental notice in the Privacy Act of 1974; System of 20202. Telephone: (202) 245–8385. above-referenced proceeding of Records—Impact Evaluation of Data- If you use a telecommunications Kingbird Solar A, LLC’s application for Driven Instruction Professional device for the deaf or a text telephone, market-based rate authority, with an Development for Teachers call the Federal Relay Service, toll free, accompanying rate tariff, noting that at 1–800–877–8339. such application includes a request for AGENCY: Institute of Education Sciences, blanket authorization, under 18 CFR Department of Education. SUPPLEMENTARY INFORMATION: Due to a technical problem with this particular part 34, of future issuances of securities ACTION: Notice of a new system of and assumptions of liability. records; extension of comment period. docket in www.regulations.gov, interested parties were not able to Any person desiring to intervene or to protest should file with the Federal SUMMARY: On December 2, 2015, we submit comments through published in the Federal Register (80 www.regulations.gov during the 30-day Energy Regulatory Commission, 888 FR 75452) a notice of a new system of comment period. Therefore, we are First Street NE., Washington, DC 20426, records entitled ‘‘Impact Evaluation of extending the comment period for an in accordance with Rules 211 and 214 Data-Driven Instruction Professional additional 30 days to give any interested of the Commission’s Rules of Practice Development for Teachers’’ (#18–13– party an opportunity to submit and Procedure (18 CFR 385.211 and 39). That notice established a 30-day comments through www.regulations. 385.214). Anyone filing a motion to comment period beginning on December gov. intervene or protest must serve a copy of that document on the Applicant. 2, 2015, and closing on January 4, 2016. Accessible Format: Individuals with Notice is hereby given that the We are extending the public comment disabilities can obtain this document in deadline for filing protests with regard period for an additional 30 days, until an accessible format (e.g., braille, large to the applicant’s request for blanket February 18, 2016. print, audiotape, or compact disc) on authorization, under 18 CFR part 34, of request to the contact person listed DATES: We must receive your comments future issuances of securities and under FOR FURTHER INFORMATION on or before February 18, 2016. assumptions of liability, is February 1, CONTACT. ADDRESSES: Submit your comments 2016. through the Federal eRulemaking Portal Electronic Access to This Document: The Commission encourages or via U.S. mail, commercial delivery, or The official version of this document is electronic submission of protests and hand delivery. We will not accept the document published in the Federal interventions in lieu of paper, using the comments submitted by fax or by email Register. Free Internet access to the FERC Online links at http:// or those submitted after the comment official edition of the Federal Register www.ferc.gov. To facilitate electronic period. To ensure that we do not receive and the Code of Federal Regulations is service, persons with Internet access duplicate copies, please submit your available via the Federal Digital System who will eFile a document and/or be comments only once. In addition, please at: www.gpo.gov/fdsys. At this site you listed as a contact for an intervenor include the Docket ID at the top of your can view this document, as well as all must create and validate an comments. other documents of this Department eRegistration account using the • Federal eRulemaking Portal: Go to published in the Federal Register, in eRegistration link. Select the eFiling www.regulations.gov to submit your text or Adobe Portable Document link to log on and submit the comments electronically. Information Format (PDF). To use PDF, you must intervention or protests. on using Regulations.gov, including have Adobe Acrobat Reader, which is Persons unable to file electronically instructions for accessing agency available free at this site. should submit an original and 5 copies documents, submitting comments, and You may also access documents of the of the intervention or protest to the viewing the docket, is available on the Department published in the Federal Federal Energy Regulatory Commission, site under the ‘‘help’’ tab. Register by using the article search 888 First Street NE., Washington, DC • U.S. Mail, Commercial Delivery, or feature at: www.federalregister.gov. 20426. Hand Delivery: If you mail or deliver Specifically, through the advanced The filings in the above-referenced your comments about the proposed search feature at this site, you can limit proceeding are accessible in the system of records, address them to Dr. your search to documents published by Commission’s eLibrary system by Audrey Pendleton, U.S. Department of the Department. clicking on the appropriate link in the

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above list. They are also available for policy that agencies that cooperate in esubscription.asp to be notified via electronic review in the Commission’s the preparation of the environmental email of new filings and issuances Public Reference Room in Washington, document cannot also intervene. See, 94 related to this or other pending projects. DC. There is an eSubscription link on FERC ¶ 61,076 (2001). For assistance, contact FERC Online the Web site that enables subscribers to k. Pursuant to section 4.32(b)(7) of 18 Support. receive email notification when a CFR of the Commission’s regulations, if p. Procedural schedule and final document is added to a subscribed any resource agency, Indian Tribe, or amendments: The application will be docket(s). For assistance with any FERC person believes that an additional processed according to the following Online service, please email scientific study should be conducted in preliminary Hydro Licensing Schedule. [email protected]. or call order to form an adequate factual basis Revisions to the schedule will be made (866) 208–3676 (toll free). For TTY, call for a complete analysis of the as appropriate. (202) 502–8659. application on its merit, the resource agency, Indian Tribe, or person must file Issue Notice of Acceptance ...... August Dated: January 12, 2016. a request for a study with the 2016. Nathaniel J. Davis, Sr., Commission not later than 60 days from Issue Scoping Document 1 for com- October Deputy Secretary. ments. 2016. the date of filing of the application, and Comments on Scoping Document 1 December [FR Doc. 2016–00810 Filed 1–15–16; 8:45 am] serve a copy of the request on the due. 2016. BILLING CODE 6717–01–P applicant. Issue Scoping Document 2 ...... February l. Deadline for filing additional study 2017. Issue notice of ready for environ- March 2017. requests and requests for cooperating mental analysis. DEPARTMENT OF ENERGY agency status: February 29, 2016 Commission issues EA ...... October The Commission strongly encourages 2017. Federal Energy Regulatory electronic filing. Please file additional Comments on EA due ...... November Commission 2017. study requests and requests for Commission issues final EA ...... January [Project No. 2428–007] cooperating agency status using the 2018. Commission’s eFiling system at http:// Aquenergy Systems, LLC; Notice of www.ferc.gov/docs-filing/efiling.asp. For Final amendments to the application Application Tendered for Filing With assistance, please contact FERC Online must be filed with the Commission no the Commission and Soliciting Support at FERCOnlineSupport@ later than 30 days from the issuance Additional Study Requests and ferc.gov, (866) 208–3676 (toll free), or date of the notice of ready for Establishing Procedural Schedule for (202) 502–8659 (TTY). In lieu of environmental analysis. electronic filing, please send a paper Relicensing and a Deadline for Dated: January 12, 2016. Submission of Final Amendments copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street Nathaniel J. Davis, Sr., Take notice that the following NE., Washington, DC 20426. The first Deputy Secretary. hydroelectric application has been filed page of any filing should include docket [FR Doc. 2016–00820 Filed 1–15–16; 8:45 am] with the Commission and is available number P–2428–007. BILLING CODE 6717–01–P for public inspection. m. The application is not ready for a. Type of Application: Minor New environmental analysis at this time. License. n. The Piedmont Hydroelectric Project DEPARTMENT OF ENERGY b. Project No.: P–2428–007. consists of: (a) A 25-foot-high, 600-foot- c. Date filed: December 31, 2015. long stone masonry dam with a 200- Federal Energy Regulatory d. Applicant: Aquenergy Systems, foot-long overflow spillway section Commission LLC. fitted with 16-inch-high flashboards; (b) [Docket No. ER16–700–000] e. Name of Project: Piedmont a reservoir with a surface area of 22 Hydroelectric Project. acres at the normal water surface CPV Towantic, LLC; Supplemental f. Location: On the Saluda River, in elevation of 774.0 feet mean sea level; Notice That Initial Market-Based Rate Anderson and Greenville Counties, (c) an open flume intake canal, about Filing Includes Request for Blanket South Carolina. The project does not 144 feet long and 81 feet wide; (d) a Section 204 Authorization occupy lands of the United States. powerhouse containing a single g. Filed Pursuant to: Federal Power generating unit with a rated capacity of This is a supplemental notice in the Act 16 U.S.C. 791 (a)–825(r). 1,000 kW; (e) a tailrace, about 180 feet above-referenced proceeding of CPV h. Applicant Contact: Beth E. Harris, long and 38 feet wide; (f) a 600 volt Towantic, LLC’s application for market- P.E., Regional Operations Manager, Enel transmission line, about 263 feet long; based rate authority, with an Green Power North America, Inc., 11 and (g) appurtenant facilities. accompanying rate tariff, noting that Anderson St., Piedmont, SC 29674; o. A copy of the application is such application includes a request for (864) 846–0042; [email protected]. available for review at the Commission blanket authorization, under 18 CFR i. FERC Contact: Sean Murphy, (202) in the Public Reference Room or may be part 34, of future issuances of securities 502–6145 or [email protected]. viewed on the Commission’s Web site at and assumptions of liability. j. Cooperating agencies: Federal, state, http://www.ferc.gov using the Any person desiring to intervene or to local, and tribal agencies with ‘‘eLibrary’’ link. Enter the docket protest should file with the Federal jurisdiction and/or special expertise number excluding the last three digits in Energy Regulatory Commission, 888 with respect to environmental issues the docket number field to access the First Street NE., Washington, DC 20426, that wish to cooperate in the document. For assistance, contact FERC in accordance with Rules 211 and 214 preparation of the environmental Online Support. A copy is also available of the Commission’s Rules of Practice document should follow the for inspection and reproduction at the and Procedure (18 CFR 385.211 and instructions for filing such requests address in item h above. 385.214). Anyone filing a motion to described in item l below. Cooperating You may also register online at http:// intervene or protest must serve a copy agencies should note the Commission’s www.ferc.gov/docs-filing/ of that document on the Applicant.

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Notice is hereby given that the Their attendance is part of the Docket No. ER15–2356, Southwest deadline for filing protests with regard Commission’s ongoing outreach efforts. Power Pool, Inc. to the applicant’s request for blanket All meetings will be held at the Docket No. EL16–20, Grid Assurance authorization, under 18 CFR part 34, of Skirvin Hotel, One Park Ave., Oklahoma LLC future issuances of securities and City, OK 73102. The phone number is Docket No. ER16–13, Southwest Power assumptions of liability, is February 1, (405) 272–3040. Pool, Inc. 2016. SPP RE Docket No. ER16–165, Southwest Power The Commission encourages January 25, 2016 (8:00 a.m.–3:00 p.m.) Pool, Inc. electronic submission of protests and SPP RSC Docket No. ER16–204, Southwest Power interventions in lieu of paper, using the January 25, 2016 (1:00 p.m.–5:00 Pool, Inc. FERC Online links at http:// p.m.) Docket No. ER16–209, Southwest Power www.ferc.gov. To facilitate electronic SPP Members/Board of Directors Pool, Inc. service, persons with Internet access January 26, 2016 (8:00 a.m.–3:00 p.m.) Docket No. ER16–228, Southwest Power who will eFile a document and/or be The discussions may address matters Pool, Inc. listed as a contact for an intervenor at issue in the following proceedings: Docket No. ER16–231, Southwest Power must create and validate an Docket No. EL11–34, Midcontinent Pool, Inc. eRegistration account using the Independent System Operator, Inc. Docket No. ER16–232, Southwest Power eRegistration link. Select the eFiling Docket No. ER11–1844, Midcontinent Pool, Inc. link to log on and submit the Independent System Operator, Inc. Docket No. ER16–241, Southwest Power intervention or protests. Docket No. EL12–60, Southwest Power Pool, Inc. Persons unable to file electronically Pool, Inc., et al. Docket No. ER16–242, Southwest Power should submit an original and 5 copies Docket No. ER12–1179, Southwest Pool, Inc. of the intervention or protest to the Power Pool, Inc. Docket No. ER16–244, Southwest Power Federal Energy Regulatory Commission, Docket No. ER12–1586, Southwest Pool, Inc. 888 First Street NE., Washington, DC Power Pool, Inc. Docket No. ER16–245, Southwest Power 20426. Docket No. ER13–1864, Southwest Pool, Inc. The filings in the above-referenced Power Pool, Inc. Docket No. ER16–247, Southwest Power proceeding are accessible in the Docket No. ER13–1937, Southwest Pool, Inc. Commission’s eLibrary system by Power Pool, Inc. Docket No. ER16–383, Midcontinent clicking on the appropriate link in the Docket No. ER13–1939, Southwest Independent System Operator, Inc. above list. They are also available for Power Pool, Inc. Docket No. ER16–387, Midcontinent electronic review in the Commission’s Docket No. EL14–21, Southwest Power Independent System Operator, Inc. Public Reference Room in Washington, Pool, Inc. Docket No. ER16–420, Southwest Power Docket No. EL14–30, Midcontinent DC. There is an eSubscription link on Pool, Inc. the Web site that enables subscribers to Independent System Operator, Inc. Docket No. ER16–430, Southwest Power receive email notification when a Docket No. EL15–66, Southern Pool, Inc. document is added to a subscribed Company Services, et al. v. Docket No. ER16–460, Southwest Power docket(s). For assistance with any FERC Midcontinent Independent System Pool, Inc. Online service, please email Operator [email protected]. or call Docket No. EL15–77, Morgan Stanley Docket No. ER16–461, Southwest Power (866) 208–3676 (toll free). For TTY, call Capital Group Inc. v. Midcontinent Pool, Inc. (202) 502–8659. Independent System Operator, Inc. Docket No. ER16–483, Southwest Power Pool, Inc. Dated: January 12, 2016. Docket No. ER14–67, Southwest Power Pool, Inc. Docket No. ER16–511, Southwestern Nathaniel J. Davis, Sr., Docket No. ER14–1174, Southwest Public Service Company Deputy Secretary. Power Pool, Inc. Docket No. ER16–515, Public Service [FR Doc. 2016–00812 Filed 1–15–16; 8:45 am] Docket No. ER14–2022, Midcontinent Company of Oklahoma BILLING CODE 6717–01–P Independent System Operator, Inc. Docket No. ER16–539, Southwest Power Docket No. ER14–2445, Midcontinent Pool, Inc. Independent System Operator, Inc. Docket No. ER16–625, Southwest Power DEPARTMENT OF ENERGY Docket No. ER14–2553, Southwest Pool, Inc. Docket No. ER16–626, Southwest Power Federal Energy Regulatory Power Pool, Inc. Pool, Inc. Commission Docket No. ER15–1499, Southwest Power Pool, Inc. Docket No. ER16–636, Southwest Power Notice of Staff Attendance at Docket No. ER15–1737, Southwest Pool, Inc. Southwest Power Pool Regional Entity Power Pool, Inc. These meetings are open to the Trustee, Regional State Committee, Docket No. ER15–2069, Northwestern public. Members’ and Board of Directors’ Corporation For more information, contact Patrick Meetings Docket No. ER15–2115, Southwest Clarey, Office of Energy Market Power Pool, Inc. Regulation, Federal Energy Regulatory The Federal Energy Regulatory Docket No. ER15–2265, Southwest Commission at (317) 249–5937 or Commission (Commission) hereby gives Power Pool, Inc. [email protected]. notice that members of its staff may Docket No. ER15–2324, Southwest attend the meetings of the Southwest Power Pool, Inc. Dated: January 12, 2016. Power Pool, Inc. (SPP) Regional Entity Docket No. ER15–2347, Southwest Nathaniel J. Davis, Sr., Trustee (RE), Regional State Committee Power Pool, Inc. Deputy Secretary. (RSC), SPP Members Committee and Docket No. ER15–2351, Southwest [FR Doc. 2016–00818 Filed 1–15–16; 8:45 am] Board of Directors, as noted below. Power Pool, Inc. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Filed Date: 1/12/16. Accession Number: 20160112–5145. Accession Number: 20160112–5083. Comments Due: 5 p.m. ET 2/2/16. Federal Energy Regulatory Comments Due: 5 p.m. ET 2/2/16. Docket Numbers: ER16–719–000. Commission Docket Numbers: ER16–712–000. Applicants: DanMar Transmission, Applicants: ITC Midwest LLC. LLC. Combined Notice of Filings #1 Description: § 205(d) Rate Filing: ITC Description: § 205(d) Rate Filing: Take notice that the Commission Midwest/MidAmerican Transmission and Interconnection received the following electric corporate Communications Sharing Agreement to Agreement to be effective 3/13/2016. Filed Date: 1/12/16. filings: be effective 3/11/2016. Accession Number: 20160112–5146. Docket Numbers: EC16–59–000. Filed Date: 1/11/16. Comments Due: 5 p.m. ET 2/2/16. Applicants: RE Astoria LLC. Accession Number: 20160111–5361. Description: Application for Comments Due: 5 p.m. ET 2/1/16. Docket Numbers: ER16–720–000. Authorization Under Section 203 of the Applicants: Arizona Public Service Docket Numbers: ER16–713–000. Company. Federal Power Act and Request for Applicants: Public Service Company Expedited Consideration, Confidential Description: § 205(d) Rate Filing: of Colorado. ANPP Agreement Revisions to be Treatment and Waivers of RE Astoria Description: § 205(d) Rate Filing: LLC. effective 1/12/2016. Implementation Procedure Correction to Filed Date: 1/12/16. Filed Date: 1/11/16. be effective 9/1/2011. Accession Number: 20160111–5322. Accession Number: 20160112–5167. Filed Date: 1/11/16. Comments Due: 5 p.m. ET 2/1/16. Comments Due: 5 p.m. ET 2/2/16. Accession Number: 20160111–5362. Take notice that the Commission The filings are accessible in the Comments Due: 5 p.m. ET 2/1/16. Commission’s eLibrary system by received the following electric rate clicking on the links or querying the filings: Docket Numbers: ER16–714–000. Docket Numbers: ER10–2641–023; Applicants: Northern States Power docket number. Any person desiring to intervene or ER10–2663–023; ER10–2881–023; Company, a Minnesota corporation. protest in any of the above proceedings ER10–2882–023; ER10–2883–023; Description: Notice of Cancellation of must file in accordance with Rules 211 ER10–2884–023; ER10–2885–023; Northern States Power Company, a and 214 of the Commission’s ER10–2886–023; ER13–1101–018; Minnesota corporation of System Regulations (18 CFR 385.211 and ER13–1541–017; ER14–661–009; ER14– Integration Coordination Services 385.214) on or before 5:00 p.m. Eastern 787–011; ER15–54–003; ER15–55–003; Agreement with Western Area Power time on the specified comment date. ER15–1475–004; ER15–2593–003; Administration. Protests may be considered, but ER16–452–002. Filed Date: 1/12/16. Applicants: Oleander Power Project, Accession Number: 20160112–5121. intervention is necessary to become a LP, Southern Company—Florida LLC, Comments Due: 5 p.m. ET 2/2/16. party to the proceeding. eFiling is encouraged. More detailed Alabama Power Company, Southern Docket Numbers: ER16–715–000. information relating to filing Power Company, Mississippi Power Applicants: DanMar Transmission, requirements, interventions, protests, Company, Georgia Power Company, LLC. service, and qualifying facilities filings Gulf Power Company, Southern Turner Description: Baseline eTariff Filing: can be found at: http://www.ferc.gov/ Cimarron I, LLC, Spectrum Nevada Transmission and Interconnection docs-filing/efiling/filing-req.pdf. For Solar, LLC, Campo Verde Solar, LLC, Agreement to be effective 3/13/2016. other information, call (866) 208–3676 SG2 Imperial Valley LLC, Macho Filed Date: 1/12/16. (toll free). For TTY, call (202) 502–8659. Springs Solar, LLC, Lost Hills Solar, Accession Number: 20160112–5131. LLC, Blackwell Solar, LLC, North Star Comments Due: 5 p.m. ET 2/2/16. Dated: January 12, 2016. Solar, LLC, Desert Stateline LLC, RE Docket Numbers: ER16–716–000. Nathaniel J. Davis, Sr., Tranquillity LLC. Applicants: DanMar Transmission, Deputy Secretary. Description: Notice of Non-Material of LLC. [FR Doc. 2016–00808 Filed 1–15–16; 8:45 am] Change in Status of Oleander Power Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P Project, Limited Partnership, et. al. et. Transmission and Interconnection al. Agreement to be effective 3/13/2016. Filed Date: 1/11/16. Filed Date: 1/12/16. DEPARTMENT OF ENERGY Accession Number: 20160111–5360. Accession Number: 20160112–5143. Comments Due: 5 p.m. ET 2/1/16. Comments Due: 5 p.m. ET 2/2/16. Federal Energy Regulatory Commission Docket Numbers: ER15–1471–004; Docket Numbers: ER16–717–000. ER15–1672–003. Applicants: DanMar Transmission, [Docket No. ER16–705–000] Applicants: Blue Sky West, LLC, LLC. Evergreen Wind Power II, LLC. Description: § 205(d) Rate Filing: RE Garland LLC; Supplemental Notice Description: Notice of Change in That Initial Market-Based Rate Filing Status of Blue Sky West, LLC, et. al. Transmission and Interconnection Agreement to be effective 3/13/2016. Includes Request for Blanket Section Filed Date: 1/11/16. 204 Authorization Accession Number: 20160111–5325. Filed Date: 1/12/16. Comments Due: 5 p.m. ET 2/1/16. Accession Number: 20160112–5144. This is a supplemental notice in the Docket Numbers: ER16–206–002. Comments Due: 5 p.m. ET 2/2/16. above-referenced proceeding of RE Applicants: Midcontinent Docket Numbers: ER16–718–000. Garland LLC’s application for market- Independent System Operator, Inc., ITC Applicants: DanMar Transmission, based rate authority, with an Midwest LLC. LLC. accompanying rate tariff, noting that Description: Tariff Amendment: Description: § 205(d) Rate Filing: such application includes a request for 2016–01–12_SA 2862 Deficiency Transmission and Interconnection blanket authorization, under 18 CFR Response ITCM–WPL FSA (G870) to be Agreement to be effective 3/13/2016. part 34, of future issuances of securities effective 11/1/2015. Filed Date: 1/12/16. and assumptions of liability.

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Any person desiring to intervene or to DEPARTMENT OF ENERGY Online service, please email protest should file with the Federal [email protected]. or call Energy Regulatory Commission, 888 Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call First Street NE., Washington, DC 20426, Commission (202) 502–8659. in accordance with Rules 211 and 214 [Docket No. ER16–711–000] Dated: January 12, 2016. of the Commission’s Rules of Practice Nathaniel J. Davis, Sr., Pio Pico Energy Center, LLC; and Procedure (18 CFR 385.211 and Deputy Secretary. 385.214). Anyone filing a motion to Supplemental Notice That Initial Market-Based Rate Filing Includes [FR Doc. 2016–00816 Filed 1–15–16; 8:45 am] intervene or protest must serve a copy BILLING CODE 6717–01–P of that document on the Applicant. Request for Blanket Section 204 Authorization Notice is hereby given that the deadline for filing protests with regard This is a supplemental notice in the DEPARTMENT OF ENERGY to the applicant’s request for blanket above-referenced proceeding of Pio Pico Federal Energy Regulatory authorization, under 18 CFR part 34, of Energy Center, LLC’s application for Commission future issuances of securities and market-based rate authority, with an assumptions of liability, is February 1, accompanying rate tariff, noting that 2016. such application includes a request for [Docket No. RM98–1–000] blanket authorization, under 18 CFR The Commission encourages part 34, of future issuances of securities Records Governing Off-the-Record electronic submission of protests and and assumptions of liability. Communications; Public Notice interventions in lieu of paper, using the Any person desiring to intervene or to This constitutes notice, in accordance FERC Online links at http:// protest should file with the Federal with 18 CFR 385.2201(b), of the receipt www.ferc.gov. To facilitate electronic Energy Regulatory Commission, 888 of prohibited and exempt off-the-record service, persons with Internet access First Street NE., Washington, DC 20426, communications. who will eFile a document and/or be in accordance with Rules 211 and 214 listed as a contact for an intervenor of the Commission’s Rules of Practice Order No. 607 (64 FR 51222, September 22, 1999) requires must create and validate an and Procedure (18 CFR 385.211 and Commission decisional employees, who eRegistration account using the 385.214). Anyone filing a motion to make or receive a prohibited or exempt eRegistration link. Select the eFiling intervene or protest must serve a copy of that document on the Applicant. off-the-record communication relevant link to log on and submit the to the merits of a contested proceeding, intervention or protests. Notice is hereby given that the deadline for filing protests with regard to deliver to the Secretary of the Persons unable to file electronically to the applicant’s request for blanket Commission, a copy of the should submit an original and 5 copies authorization, under 18 CFR part 34, of communication, if written, or a of the intervention or protest to the future issuances of securities and summary of the substance of any oral Federal Energy Regulatory Commission, assumptions of liability, is February 1, communication. 888 First Street NE., Washington, DC 2016. Prohibited communications are 20426. The Commission encourages included in a public, non-decisional file The filings in the above-referenced electronic submission of protests and associated with, but not a part of, the decisional record of the proceeding. proceeding are accessible in the interventions in lieu of paper, using the Unless the Commission determines that Commission’s eLibrary system by FERC Online links at http:// the prohibited communication and any clicking on the appropriate link in the www.ferc.gov. To facilitate electronic service, persons with Internet access responses thereto should become a part above list. They are also available for of the decisional record, the prohibited electronic review in the Commission’s who will eFile a document and/or be listed as a contact for an intervenor off-the-record communication will not Public Reference Room in Washington, must create and validate an be considered by the Commission in DC. There is an eSubscription link on eRegistration account using the reaching its decision. Parties to a the Web site that enables subscribers to eRegistration link. Select the eFiling proceeding may seek the opportunity to receive email notification when a link to log on and submit the respond to any facts or contentions document is added to a subscribed intervention or protests. made in a prohibited off-the-record docket(s). For assistance with any FERC Persons unable to file electronically communication, and may request that Online service, please email should submit an original and 5 copies the Commission place the prohibited [email protected]. or call of the intervention or protest to the communication and responses thereto (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, in the decisional record. The (202) 502–8659. 888 First Street NE., Washington, DC Commission will grant such a request Dated: January 12, 2016. 20426. only when it determines that fairness so The filings in the above-referenced requires. Any person identified below as Nathaniel J. Davis, Sr., proceeding are accessible in the having made a prohibited off-the-record Deputy Secretary. Commission’s eLibrary system by communication shall serve the [FR Doc. 2016–00814 Filed 1–15–16; 8:45 am] clicking on the appropriate link in the document on all parties listed on the BILLING CODE 6717–01–P above list. They are also available for official service list for the applicable electronic review in the Commission’s proceeding in accordance with Rule Public Reference Room in Washington, 2010, 18 CFR 385.2010. DC. There is an eSubscription link on Exempt off-the-record the Web site that enables subscribers to communications are included in the receive email notification when a decisional record of the proceeding, document is added to a subscribed unless the communication was with a docket(s). For assistance with any FERC cooperating agency as described by 40

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CFR 1501.6, made under 18 CFR ascending order. These filings are last three digits, in the docket number 385.2201(e) (1) (v). available for electronic review at the field to access the document. For The following is a list of off-the- Commission in the Public Reference assistance, please contact FERC Online record communications recently Room or may be viewed on the Support at FERCOnlineSupport@ received by the Secretary of the Commission’s Web site at http:// ferc.gov or toll free at (866) 208–3676, or Commission. The communications www.ferc.gov using the eLibrary link. for TTY, contact (202)502–8659. listed are grouped by docket numbers in Enter the docket number, excluding the

Docket No. File date Presenter or requester

Prohibited: 1. CP15–554–000 ...... 12–28–2015 William Long. 2. CP–15–554–000 ...... 12–28–2015 Bobby Albrite. 3. CP15–554–000 ...... 12–28–2015 James Lee. 4. CP16–21–000 ...... 1–4–2016 Peter Stasiowski. 5. EL15–623–000, EL15–29–000, EL15–70–000, EL15– 1–5–2016 FERC Staff.1 71–000, EL15–72–000, EL15–82–000. 6. CP16–21–000 ...... 1–5–2016 Christine Dudley-Marling. 7. CP15–520–000 ...... 1–8–2016 FERC Staff.2 Exempt: 1. CP15–558–000 ...... 12–28–2015 Delaware Township, New Jersey Municipal Clerk Judith Allen. 2. CP15–558–000 ...... 12–28–2015 Township of Hopewell, New Jersey Mayor Harvey Lester. 3. CP16–21–000 ...... 1–4–2016 U.S. House Representative Paul D. Tonko. 4. CP16–21–000 ...... 1–4–2016 State of Massachusetts Senate President Stan Rosenberg. 5. CP16–9–000 ...... 1–4–2016 U.S. House Representative Stephen F. Lynch. 6. CP16–21–000 ...... 1–5–2016 U.S. Senator Kirsten Gillibrand. 1 Memo forwarding post conference notes and transcript for PJM Interconnection, LLM Capacity Performance filing. 2 Meeting Summary from January 8, 2016 conference call with Shannon Miller and Jacqueline Rocan of Tennessee Gas Pipeline Company, LLC.

Dated: January 12, 2016. g. Filed Pursuant to: Federal Power PE Hydro operates the project in a Nathaniel J. Davis, Sr., Act, 16 U.S.C. 791 (a)-825(r). run-of-river mode, with a minimum Deputy Secretary. h. Applicant Contact: Juan Kimble, flow of 200 cfs, or inflow, whichever is [FR Doc. 2016–00817 Filed 1–15–16; 8:45 am] President, PE Hydro Generation, LLC, less. Under an agreement with the US 5425 Wisconsin Avenue, 6th Floor, BILLING CODE 6717–01–P Fish and Wildlife Service the licensee Chevy Chase, MD 20815; Telephone— shuts down Project nightly from (301) 718–4496. September 15 to December 15 in an DEPARTMENT OF ENERGY i. FERC Contact: Michael Spencer, effort to reduce entrainment of (202) 502–6093, or michael.spencer@ downstream-migrating American eels. Federal Energy Regulatory ferc.gov. The project generates an annual average Commission j. This application is not ready for of 10,159.431 MWh. environmental analysis (EA) at this l. A copy of the application is [Project No. 2343–086] time. available for review at the Commission k. Project Description: The Millville in the Public Reference Room or may be project consists of: (1) A 14.0-foot-high PE Hydro Generation, LLC; Notice of viewed on the Commission’s Web site at Application Tendered for Filing With concrete and stone dam consisting of three sections: a 36-foot-long non- http://www.ferc.gov, using the the Commission and Establishing ‘‘eLibrary’’ link. Enter the docket Procedural Schedule for Licensing and overflow abutment on the east bank; an 813-foot long, non-gated spillway number excluding the last three digits in Deadline for Submission of Final the docket number field to access the Amendments section; and a 122-foot-long intake structure, equipped with four vertical document. For assistance, contact FERC Take notice that the following lift gates and one canal gate, and Online Support at hydroelectric application has been filed extending to the west riverbank; (2) a [email protected], (866) with the Commission and is available 100 acre reservoir with gross storage 208–3676 (toll free), or (202) 502–8659 for public inspection. capacity of 900 acre-feet at elevation (TTY). A copy is also available for a. Type of Application: New Major 324.0 mean sea level; (3) a 1,600-foot- inspection and reproduction at the License. long, 30-foot-wide, 12-foot-high address in item (h) above. b. Project No.: 2343–086. masonry and concrete sided headrace You may also register online at http:// c. Date Filed: December 30, 2015. canal; (4) a 125-foot-long, 40-foot-wide www.ferc.gov/docs-filing/ d. Applicant: PE Hydro Generation, brick powerhouse containing 3 turbine- esubscription.asp to be notified via LLC (PE Hydro). generating units with a combined email of new filings and issuances e. Name of Project: Millville capacity of 2.84 megawatts; (5) a 550- related to this or other pending projects. Hydroelectric Project. foot-long tailrace, excavated in bedrock For assistance, contact FERC Online f. Location: The existing project is and returning flow to the river channel; Support. located on the Shenandoah River, near and (6) a 1,006-foot-long, 2.4 kilovolt m. Procedural Schedule: The the town of Harpers Ferry in Jefferson (kV) transmission line to a transformer, application will be processed according County, West Virginia. No federal lands with a 794-foot-long, 34.5 kV to the following preliminary Hydro are occupied by project works or located transmission line to the interconnection Licensing Schedule. Revisions to the within the project boundary. with the local grid. schedule will be made as appropriate.

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Filed Date: 1/8/16. other information, call (866) 208–3676 Accession Number: 20160108–5149. (toll free). For TTY, call (202) 502–8659. Notice of Acceptance/Notice of Ready February Comments Due: 5 p.m. ET 1/20/16. for Environmental Analysis. 2016. Dated: January 11, 2016. Filing of recommendations, prelimi- April 2016. Docket Numbers: RP16–372–000. Nathaniel J. Davis, Sr., nary terms and conditions, and Applicants: Texas Eastern OFO. Deputy Secretary. fishway prescriptions. Description: Compliance filing Report Commission issues EA ...... August of Refund—S–2 Customer Share of [FR Doc. 2016–00809 Filed 1–15–16; 8:45 am] 2016. BILLING CODE 6717–01–P Comments on EA ...... September Texas Eastern OFO Penalty 2016. Disbursement to be effective N/A. Modified Terms and Conditions ...... November Filed Date: 1/8/16. DEPARTMENT OF ENERGY 2016. Accession Number: 20160108–5179. Commission Issues Final EA, if nec- February Comments Due: 5 p.m. ET 1/20/16. essary. 2017. Federal Energy Regulatory Docket Numbers: RP16–373–000. Commission o. Final amendments to the Applicants: Southwest Energy, L.P. application must be filed with the Description: § 4(d) Rate Filing: [Docket No. ER16–701–000] Negotiated Rate PAL Agreement— Commission no later than 30 days from CPV Valley, LLC; Supplemental Notice Southwest Energy, L.P. to be effective 1/ the issuance date of the notice of ready That Initial Market-Based Rate Filing 10/2016. for environmental analysis. Includes Request for Blanket Section Filed Date: 1/8/16. Dated: January 12, 2016. 204 Authorization Accession Number: 20160108–5203. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 1/20/16. This is a supplemental notice in the Deputy Secretary. Docket Numbers: RP16–374–000. above-referenced proceeding of CPV [FR Doc. 2016–00819 Filed 1–15–16; 8:45 am] Applicants: Trailblazer Pipeline Valley, LLC’s application for market- BILLING CODE 6717–01–P Company LLC. based rate authority, with an Description: § 4(d) Rate Filing: Neg accompanying rate tariff, noting that Rate 2016–01–08 Mieco to be effective such application includes a request for DEPARTMENT OF ENERGY 1/9/2016. blanket authorization, under 18 CFR Federal Energy Regulatory Filed Date: 1/8/16. part 34, of future issuances of securities Commission Accession Number: 20160108–5224. and assumptions of liability. Comments Due: 5 p.m. ET 1/20/16. Any person desiring to intervene or to Combined Notice of Filings Any person desiring to intervene or protest should file with the Federal protest in any of the above proceedings Energy Regulatory Commission, 888 Take notice that the Commission has must file in accordance with Rules 211 First Street NE., Washington, DC 20426, received the following Natural Gas and 214 of the Commission’s in accordance with Rules 211 and 214 Pipeline Rate and Refund Report filings: Regulations (18 CFR 385.211 and of the Commission’s Rules of Practice Filings Instituting Proceedings § 385.214) on or before 5:00 p.m. Eastern and Procedure (18 CFR 385.211 and time on the specified comment date. 385.214). Anyone filing a motion to Docket Numbers: RP16–368–000. intervene or protest must serve a copy Applicants: Guardian Pipeline, L.L.C. Protests may be considered, but Description: § 4(d) Rate Filing: intervention is necessary to become a of that document on the Applicant. Negotiated Rate PAL Agreement— party to the proceeding. Notice is hereby given that the deadline for filing protests with regard Exelon Generation Comp., LLC to be Filings in Existing Proceedings effective 1/8/2016. to the applicant’s request for blanket Filed Date: 1/7/16. Docket Numbers: RP16–233–001. authorization, under 18 CFR part 34, of Accession Number: 20160107–5157. Applicants: No Applicants listed for future issuances of securities and Comments Due: 5 p.m. ET 1/19/16. this docket/subdocket. assumptions of liability, is February 1, Description: Compliance filing SG Docket Numbers: RP16–369–000. 2016. Applicants: Columbia Gas Resources Mississippi, L.L.C.— The Commission encourages Transmission, LLC. Compliance Filing to be effective 12/31/ electronic submission of protests and Description: § 4(d) Rate Filing: Penalty 2015. interventions in lieu of paper, using the Clean Up Filing to be effective 2/1/2016. Filed Date: 1/8/16. FERC Online links at http:// Filed Date: 1/7/16. Accession Number: 20160108–5057. www.ferc.gov. To facilitate electronic Accession Number: 20160107–5193. Comments Due: 5 p.m. ET 1/20/16. service, persons with Internet access Comments Due: 5 p.m. ET 1/19/16. Any person desiring to protest in any who will eFile a document and/or be Docket Numbers: RP16–370–000. of the above proceedings must file in listed as a contact for an intervenor Applicants: Enable Mississippi River accordance with Rule 211 of the must create and validate an Transmission, L. Commission’s Regulations (18 CFR eRegistration account using the Description: § 4(d) Rate Filing: 385.211) on or before 5:00 p.m. Eastern eRegistration link. Select the eFiling Negotiated Rate Filing to Amend LER time on the specified comment date. link to log on and submit the 5680’s Attachment A_1_7_16 to be The filings are accessible in the intervention or protests. effective 1/7/2016. Commission’s eLibrary system by Persons unable to file electronically Filed Date: 1/7/16. clicking on the links or querying the should submit an original and 5 copies Accession Number: 20160107–5222. docket number. of the intervention or protest to the Comments Due: 5 p.m. ET 1/19/16. eFiling is encouraged. More detailed Federal Energy Regulatory Commission, Docket Numbers: RP16–371–000. information relating to filing 888 First Street NE., Washington, DC Applicants: Millennium Pipeline requirements, interventions, protests, 20426. Company, L.L.C. service, and qualifying facilities filings The filings in the above-referenced Description: Penalty Revenue can be found at: http://www.ferc.gov/ proceeding are accessible in the Crediting Report of under RP16–371. docs-filing/efiling/filing-req.pdf. For Commission’s eLibrary system by

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clicking on the appropriate link in the link to log on and submit the and a person is not required to respond above list. They are also available for intervention or protests. to a collection of information unless it electronic review in the Commission’s Persons unable to file electronically displays a currently valid OMB control Public Reference Room in Washington, should submit an original and 5 copies number. DC. There is an eSubscription link on of the intervention or protest to the DATES: Additional comments may be the Web site that enables subscribers to Federal Energy Regulatory Commission, submitted on or before February 18, receive email notification when a 888 First Street NE., Washington, DC 2016. 20426. document is added to a subscribed ADDRESSES: Submit your comments, The filings in the above-referenced docket(s). For assistance with any FERC referencing Docket ID Number EPA– proceeding are accessible in the Online service, please email HQ–OA–2015–0553, to (1) EPA online Commission’s eLibrary system by [email protected]. or call using www.regulations.gov (our clicking on the appropriate link in the (866) 208–3676 (toll free). For TTY, call preferred method), by email to above list. They are also available for (202) 502–8659. [email protected], or by mail to: EPA electronic review in the Commission’s Dated: January 12, 2016. Docket Center, Environmental Public Reference Room in Washington, Nathaniel J. Davis, Sr., Protection Agency, Mail Code 28221T, DC. There is an eSubscription link on 1200 Pennsylvania Ave. NW., Deputy Secretary. the Web site that enables subscribers to [FR Doc. 2016–00813 Filed 1–15–16; 8:45 am] Washington, DC 20460, and (2) OMB via receive email notification when a email to [email protected]. BILLING CODE 6717–01–P document is added to a subscribed Address comments to OMB Desk Officer docket(s). For assistance with any FERC for EPA. Online service, please email DEPARTMENT OF ENERGY EPA’s policy is that all comments [email protected]. or call received will be included in the public Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call docket without change including any Commission (202) 502–8659. personal information provided, unless Dated: January 12, 2016. the comment includes profanity, threats, [Docket No. ER16–706–000] Nathaniel J. Davis, Sr., information claimed to be Confidential RE Garland A LLC; Supplemental Deputy Secretary. Business Information (CBI) or other information whose disclosure is Notice That Initial Market-Based Rate [FR Doc. 2016–00815 Filed 1–15–16; 8:45 am] restricted by statute. Filing Includes Request for Blanket BILLING CODE 6717–01–P Section 204 Authorization FOR FURTHER INFORMATION CONTACT: Carly Carroll, Office of the This is a supplemental notice in the ENVIRONMENTAL PROTECTION Administrator, Office of Environmental above-referenced proceeding of RE AGENCY Education, MC–1704A, Environmental Garland A LLC’s application for market- Protection Agency, 1200 Pennsylvania based rate authority, with an [EPA–HQ–OA–2015–0553; FRL–9941–39– Ave. NW., Washington, DC 20460; accompanying rate tariff, noting that OEI] telephone number: 202–564–2769; fax such application includes a request for number: 202–564–2754; email address: Information Collection Request blanket authorization, under 18 CFR [email protected]. Submitted to OMB for Review and part 34, of future issuances of securities SUPPLEMENTARY INFORMATION: and assumptions of liability. Approval; Comment Request; CEQ– EPA Presidential Innovation Award for Supporting documents which explain in Any person desiring to intervene or to detail the information that the EPA will protest should file with the Federal Environmental Educators Application (New) be collecting are available in the public Energy Regulatory Commission, 888 docket for this ICR. The docket can be First Street NE., Washington, DC 20426, AGENCY: Environmental Protection viewed online at www.regulations.gov in accordance with Rules 211 and 214 Agency (EPA). or in person at the EPA Docket Center, of the Commission’s Rules of Practice ACTION: Notice. WJC West, Room 3334, 1301 and Procedure (18 CFR 385.211 and Constitution Ave. NW., Washington, 385.214). Anyone filing a motion to SUMMARY: The Environmental Protection DC. The telephone number for the intervene or protest must serve a copy Agency has submitted an information Docket Center is 202–566–1744. For of that document on the Applicant. collection request (ICR), ‘‘CEQ–EPA additional information about EPA’s Notice is hereby given that the Presidential Innovation Award for public docket, visit http://www.epa.gov/ deadline for filing protests with regard Environmental Educators Application dockets. to the applicant’s request for blanket (New)’’ (EPA ICR No. 2524.01, OMB Abstract: The purpose of this authorization, under 18 CFR part 34, of Control No. 2090–NEW) to the Office of information collection request is to future issuances of securities and Management and Budget (OMB) for collect information from applicants in assumptions of liability, is February 1, review and approval in accordance with order to select recipients for the 2016. the Paperwork Reduction Act (44 U.S.C. Presidential Innovation Award for The Commission encourages 3501 et seq.). This is a request for Environmental Educators program. The electronic submission of protests and approval of a new collection. Public EPA, in conjunction with the White interventions in lieu of paper, using the comments were previously requested House Council on Environmental FERC Online links at http:// via the Federal Register (80 FR 48101) Quality (CEQ), established the award www.ferc.gov. To facilitate electronic on August 11, 2015 during a 60-day program to meet the requirements of service, persons with Internet access comment period. This notice allows for Section 8(e) of the National who will eFile a document and/or be an additional 30 days for public Environmental Education Act (20 U.S.C. listed as a contact for an intervenor comments. A fuller description of the 5507(e)). Teachers can complete their must create and validate an ICR is given below, including its applications online at www.epa.gov/ eRegistration account using the estimated burden and cost to the public. education/piaee-application. eRegistration link. Select the eFiling An Agency may not conduct or sponsor Form Numbers: 6500–04.

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Respondents/affected entities: K–12 FEDERAL RESERVE SYSTEM ACTION: Notice. public school teachers. SUMMARY: The information collection Respondent’s obligation to respond: Formations of, Acquisitions by, and Mergers of Bank Holding Companies requirements described below will be Required to obtain a benefit. submitted to the Office of Management Presidential Innovation Award for The companies listed in this notice and Budget (OMB) for review, as Environmental Educators as established have applied to the Board for approval, required by the Paperwork Reduction under Section 8(e) of the National pursuant to the Bank Holding Company Act (PRA). The FTC seeks public Environmental Education Act (20 U.S.C. Act of 1956 (12 U.S.C. 1841 et seq.) comments on its proposal to extend, for 5507(e)). (BHC Act), Regulation Y (12 CFR part three years, the current PRA clearance Estimated number of respondents: 75 225), and all other applicable statutes for information collection requirements (total). and regulations to become a bank contained in the Mail, Internet, or Frequency of response: Annually. holding company and/or to acquire the Telephone Order Merchandise Rule assets or the ownership of, control of, or (MITOR). This clearance expires on Total estimated burden: 750 hours the power to vote shares of a bank or April 30, 2016. (per year). Burden is defined at 5 CFR bank holding company and all of the 1320.03(b) DATES: Comments must be received on banks and nonbanking companies or before March 21, 2016. Total estimated cost: $28,500 (per owned by the bank holding company, ADDRESSES: Interested parties may file a year), includes $0 annualized capital or including the companies listed below. comment online or on paper by operation & maintenance costs. The applications listed below, as well as other related filings required by the following the instructions in the Changes in the Estimates: This is a Request for Comments part of the new collection. Board, are available for immediate inspection at the Federal Reserve Bank SUPPLEMENTARY INFORMATION section Courtney Kerwin, indicated. The applications will also be below. Write ‘‘Mail, Internet, or Telephone Order Merchandise Trade Acting Director, Collection Strategies available for inspection at the offices of Division. the Board of Governors. Interested Regulation Rule: FTC File No. R511929’’ on your comment, and file your [FR Doc. 2016–00803 Filed 1–15–16; 8:45 am] persons may express their views in comment online at https:// BILLING CODE 6560–50–P writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the ftcpublic.commentworks.com/ftc/ proposal also involves the acquisition of mitorpra by following the instructions a nonbanking company, the review also on the web-based form. If you prefer to FEDERAL MINE SAFETY AND HEALTH includes whether the acquisition of the file your comment on paper, mail or REVIEW COMMISSION nonbanking company complies with the deliver your comment to the following standards in section 4 of the BHC Act address: Federal Trade Commission, Sunshine Act Meeting (12 U.S.C. 1843). Unless otherwise Office of the Secretary, 600 noted, nonbanking activities will be Pennsylvania Avenue NW., Suite CC– TIME AND DATE: 10:00 a.m., Thursday, conducted throughout the United States. 5610 (Annex J), Washington, DC 20580, January 28, 2016. Unless otherwise noted, comments or deliver your comment to the regarding each of these applications following address: Federal Trade PLACE: The Richard V. Backley Hearing Commission, Office of the Secretary, Room, Room 511N, 1331 Pennsylvania must be received at the Reserve Bank indicated or the offices of the Board of Constitution Center, 400 7th Street SW., Avenue NW., Washington, DC .20004 5th Floor, Suite 5610 (Annex J), (enter from F Street entrance). Governors not later than February 12, 2016. Washington, DC 20024. STATUS: Open. A. Federal Reserve Bank of Chicago FOR FURTHER INFORMATION CONTACT: (Colette A. Fried, Assistant Vice Requests for copies of the collection of MATTERS TO BE CONSIDERED: The President) 230 South LaSalle Street, information and supporting Commission will consider and act upon documentation should be addressed to the following in open session: Secretary Chicago, Illinois 60690–1414: 1. Eastern Michigan Financial Jock Chung, 202–326–2984, Attorney, of Labor v. Knife River Construction, Corporation, Croswell, Michigan, to Enforcement Division, Bureau of Docket Nos. WEST 2013–827–RM, et al. merge with Ruth Bank Corporation, Consumer Protection, 600 Pennsylvania (Issues include whether the Judge erred Ruth, Michigan, and thereby indirectly Ave. NW., Mail Drop CC–9528, in upholding an imminent danger acquire Ruth State Bank, Ruth, Washington, DC 20580. order.) Michigan. SUPPLEMENTARY INFORMATION: Under the Any person attending this meeting Paperwork Reduction Act (‘‘PRA’’), 44 who requires special accessibility Board of Governors of the Federal Reserve System, January 13, 2016. U.S.C. 3501–3520, federal agencies must features and/or auxiliary aids, such as get OMB approval for each collection of sign language interpreters, must inform Michael J. Lewandowski, Associate Secretary of the Board. information they conduct, sponsor, or the Commission in advance of those require. ‘‘Collection of information’’ [FR Doc. 2016–00873 Filed 1–15–16; 8:45 am] needs. Subject to 29 CFR 2706.150(a)(3) means agency requests or requirements and § 2706.160(d). BILLING CODE 6210–01–P to submit reports, keep records, or CONTACT PERSON FOR MORE INFO: provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As Emogene Johnson (202) 434–9935/(202) FEDERAL TRADE COMMISSION 708–9300 for TDD Relay/1–800–877– required by section 3506(c)(2)(A) of the 8339 for toll free. Agency Information Collection PRA, the FTC is providing this opportunity for public comment before Sarah L. Stewart, Activities; Proposed Collection; Comment Request requesting that OMB extend the existing Deputy General Counsel. PRA clearance for the information [FR Doc. 2016–00881 Filed 1–14–16; 11:15 am] AGENCY: Federal Trade Commission collection requirements associated with BILLING CODE 6735–01–P (FTC or Commission). the Commission’s rules and regulations

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under the Mail, Internet, or Telephone The notice provisions in the Rule engaged in the sale of merchandise by Order Merchandise Trade Regulation require a merchant who is unable to mail or by telephone has changed. Data Rule, 16 CFR part 435 (OMB Control ship within the promised shipment time from the U.S. Census Bureau 5 indicates Number 3084–0106). or 30 days to notify the consumer of a that, between 2000 and 2008, the The FTC invites comments on: (1) revised date and his or her right to number of businesses subject to the whether the proposed collection of cancel the order and obtain a prompt MITOR grew from 11,800 to 21,900, or information is necessary for the proper refund. Delays beyond the revised an average increase of 1,263 new performance of the functions of the shipment date also trigger a notification businesses a year [(21,900 businesses in agency, including whether the requirement to consumers. When the 2008 ¥11,800 businesses in 2000) ÷ 8 information will have practical utility; MITOR requires the merchant to make years].6 Assuming this growth rate (2) the accuracy of the agency’s estimate a refund and the consumer has paid by continued in 2009 through 2015, and of the burden of the proposed collection credit card, the Rule also requires the continues in 2016 through 2018, the of information, including the validity of merchant to notify the consumer either average number of established the methodology and assumptions used; that any charge to the consumer’s charge businesses during the three-year period (3) ways to enhance the quality, utility, account will be reversed or that the for which OMB clearance is sought for and clarity of the information to be merchant will take no action that will the Rule would be 33,267: 7 collected; and (4) ways to minimize the result in a charge. burden of the collection of information Established Burden Estimates Year businesses New entrants on those who are to respond. All comments must be received on or before Estimated total annual hours burden: 2016 ...... 32,004 1,263 March 21, 2016. 1,953,840 hours. 2017 ...... 33,267 1,263 Originally known as the Mail Order In its 2012–2013 PRA-related Federal 2018 ...... 34,530 1,263 Merchandise Rule, the MITOR was Register Notices 2 and corresponding Average .... 33,267 1,263 promulgated in 1975 in response to submission to OMB, FTC staff estimated consumer complaints that many that established companies each spend In an average year during the three-year merchants were failing to ship an average of 50 hours per year on OMB clearance period, staff estimates merchandise ordered by mail on time, compliance with the Rule, and that new that established businesses and new failing to ship at all, or failing to provide industry entrants spend an average of entrants will devote 1,953,840 hours, to prompt refunds for unshipped 230 hours (an industry estimate) for comply with the MITOR [(33,267 × merchandise. A second rulemaking compliance measures associated with established businesses 50 hours) + 3 × proceeding in 1993 demonstrated that start-up. Thus, the total estimated (1,263 new entrants 230 hours) = the delayed shipment and refund hours burden was calculated by 1,953,840]. problems of the mail order industry multiplying the estimated number of The estimated PRA burden per were also being experienced by established companies × 50 hours, merchant to comply with the MITOR is consumers who ordered merchandise multiplying the estimated number of likely overstated. The mail-order over the telephone. Accordingly, the new entrants × 230 hours, and adding industry has been subject to the basic Commission amended the Rule, the two products. provisions of the Rule since 1976 and effective on March 1, 1994, to include No substantive provisions in the Rule the telephone- and Internet-order merchandise ordered by telephone, have been amended or changed since industry since 1994. Thus, businesses 4 including by telefax or by computer staff’s prior submission to OMB. Thus, have had several years (and some have through the use of a modem (e.g., the Rule’s disclosure requirements had decades) to integrate compliance Internet sales), and renamed it the ‘‘Mail remain the same. Moreover, no public systems into their business procedures. or Telephone Order Merchandise Rule.’’ comments were received regarding the Moreover, arguably much of the In 2014, Commission amended the Rule, above-noted estimates; thus, staff will estimated time burden for disclosure- effective December 8, 2014, to clarify apply them to the current PRA burden related compliance would be incurred even absent the Rule. Industry trade that the Rule covers all Internet analysis. associations and individual witnesses merchandise orders, permit flexibility in Since the prior submission to OMB, have consistently taken the position that making refunds and refund notices, and however, the number of businesses providing consumers with notice about clarify refund obligations for non- the status of their orders fosters enumerated payments. 79 FR 55615 systems and procedures to assure compliance will create a rebuttable presumption that the seller was consumer loyalty and encourages repeat (Sept. 17, 2014). not compliant, but the MITOR does not require a purchases, which are important to direct Generally, the MITOR requires a compliant seller to maintain any records. Merchants marketers’ success. Accordingly, the merchant to: (1) have a reasonable basis customarily keep records regarding their systems for any express or implied shipment and procedures in the ordinary course of business, however; consequently, their retention of these 5 See Table 1048, ‘‘Retail Trade—Establishments, representation made in soliciting the documents does not constitute a ‘‘collection of Employees, and Payroll,’’ U.S. Census Bureau, sale (if no express time period is information’’ under OMB’s regulations that (2012), http://www2.census.gov/library/ promised, the implied shipment implement the PRA. See 5 CFR 1320.3(b)(2). publications/2011/compendia/statab/131ed/tables/ representation is 30 days); (2) notify the 2 77 FR 64994 (Oct. 24, 2012); 78 FR 5443 (Jan. 12s1048.xls. 25, 2013). 6 Conceptually, this might understate the number consumer and obtain the consumer’s 3 Most of the estimated start-up time relates to the of new entrants in that it does not factor in the consent to any delay in shipment; and development and installation of computer systems possibility that established businesses from an (3) make prompt and full refunds when geared to more efficiently handle customer orders. earlier year’s comparison might have exited the the consumer exercises a cancellation 4 As part of the systematic review of all market preceding the later year of measurement. Commission rules, on September 30, 2011, the FTC Given the virtually unlimited diversity of retail option or the merchant is unable to meet establishments, it is very unlikely that there is a 1 published a Federal Register Notice concluding the Rule’s other requirements. that the Rule continued to benefit consumers and reliable external measure of such exit; nonetheless, would be retained. 76 FR 60715. For clarity, the as in the past, the Commission invites public 1 The MITOR does not impose a recordkeeping Commission reorganized the Rule by alphabetizing comment that might better inform these estimates. requirement per se. 16 CFR 435.1(d) provides that, the definitions at the beginning of the Rule. That 7 As noted above, the existing OMB clearance for in an action for noncompliance, the absence of amendment did not impose any additional the Rule expires on April 30, 2016, and the FTC is records that establish that a respondent-seller uses ‘‘collection of information’’ requirements. seeking to extend the clearance for three years.

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Rule’s notification requirements would obtain necessary equipment for other you must follow the procedure be followed in any event by most business purposes, i.e., inventory and explained in FTC Rule 4.9(c), 16 CFR merchants to meet consumer order management, and customer 4.9(c). Your comment will be kept expectations regarding timely shipment, relations. For the same reason, staff confidential only if the FTC General notification of delay, and prompt and anticipates printing and copying costs to Counsel, in his or her sole discretion, full refunds. Thus, it appears that much be minimal, especially given that mail, grants your request in accordance with of the time and expense associated with Internet, and telephone order merchants the law and the public interest. Postal Rule compliance may not constitute have increasingly turned to electronic mail addressed to the Commission is ‘‘burden’’ under the PRA.8 communications to notify consumers of subject to delay due to heightened Estimated labor costs. $42,828,173. delay and to provide cancellation security screening. As a result, the FTC staff derived labor costs by options. Staff believes that the above Commission encourages you to submit applying appropriate hourly cost figures requirements necessitate ongoing, your comments online. To make sure to the burden hours described above. regular training so that covered entities that the Commission considers your According to the most recent data stay current and have a clear online comment, you must file it at available from the Bureau of Labor and understanding of federal mandates, but https://ftcpublic.commentworks.com/ Statistics,9 the mean hourly income for that this would be a small portion of, ftc/mitorpra by following the workers in sales and related occupations and subsumed within, the ordinary instructions on the web-based form. If was $21.92/hr. The bulk of the burden training that employees receive apart this Notice appears at http:// of complying with the MITOR is borne from that associated with the www.regulations.gov, you also may file by clerical personnel along with information collected under the Rule. a comment through that Web site. assistance from sales personnel. Staff Request for Comments If you file your comment on paper, believes that the mean hourly income write ‘‘Mail, Internet, or Telephone for workers in sales and related You can file a comment online or on Order Merchandise Trade Regulation occupations is an appropriate measure paper. Write ‘‘Mail, Internet, or Rule: FTC File No. R511929’’ on your of a direct marketer’s average labor cost Telephone Order Merchandise Trade comment and on the envelope, and mail to comply with the Rule. Thus, the total Regulation Rule: FTC File No. R511929’’ it to the following address: Federal annual labor cost to new and on your comment. Your comment— Trade Commission, Office of the established businesses for MITOR including your name and your state— Secretary, 600 Pennsylvania Avenue compliance during the three-year period will be placed on the public record of NW., Suite CC–5610, (Annex J), this proceeding, including, to the extent for which OMB approval is sought Washington, DC 20580, or deliver your practicable, on the public Commission would be approximately $42,828,173 comment to the following address: Web site, at http://www.ftc.gov/os/ (1,953,840 hours × $21.92/hr.). Relative Federal Trade Commission, Office of the publiccomments.shtm. As a matter of to direct industry sales, this total is Secretary, Constitution Center, 400 7th discretion, the Commission tries to negligible.10 Street SW., 5th Floor, Suite 5610, remove individuals’ home contact Estimated annual non-labor cost (Annex J), Washington, DC 20024. If information from comments before burden: $0 or minimal. possible, submit your paper comment to placing them on the Commission Web The applicable requirements impose the Commission by courier or overnight minimal start-up costs, as businesses site. Because your comment will be made service. subject to the Rule generally have or public, you are solely responsible for The FTC Act and other laws that the making sure that your comment does Commission administers permit the 8 Conceivably, in the three years since the FTC’s collection of public comments to most recent clearance request to OMB for this Rule, not include any sensitive personal many businesses have upgraded the information information, such as a Social Security consider and use in this proceeding as management systems needed to comply with the number, date of birth, driver’s license appropriate. The Commission will Rule and to track orders more effectively. These number or other state identification consider all timely and responsive upgrades, however, were primarily prompted by the public comments that it receives on or industry’s need to deal with growing consumer number or foreign country equivalent, demand for merchandise (resulting, in part, from passport number, financial account before March 21, 2016. You can find increased public acceptance of making purchases number, or credit or debit card number. more information, including routine over the telephone and, more recently, the Internet). You are also solely responsible for uses permitted by the Privacy Act, in Accordingly, most companies now provide updated the Commission’s privacy policy, at order information of the kind required by the Rule making sure that your comment does in their ordinary course of business. Under the not include any sensitive health http://www.ftc.gov/ftc/privacy.htm. OMB regulation implementing the PRA, burden is information, such as medical records or David C. Shonka, defined to exclude any effort that would be other individually identifiable health Principal Deputy General Counsel. expended regardless of any regulatory requirement. information. In addition, do not include 5 CFR 1320.3(b)(2). [FR Doc. 2016–00841 Filed 1–15–16; 8:45 am] 9 any ‘‘[t]rade secret or any commercial or See Table 1, National employment and wage BILLING CODE 6750–01–P data from the Occupational Employment Statistics financial information which is . . . survey by occupation, May 2014, at http:// privileged or confidential,’’ as discussed www.bls.gov/news.release/ocwage.t01.htm. in Section 6(f) of the FTC Act, 15 U.S.C. 10 Considering that sales for ‘‘electronic shopping GENERAL SERVICES and mail-order houses’’ grew from $235 billion in 46(f), and FTC Rule 4.10(a)(2), 16 CFR 2009 to $348 billion in 2013 (according to 4.10(a)(2). In particular, do not include ADMINISTRATION ‘‘Estimated Annual Sales of U.S. Retail and Food competitively sensitive information Services Firms by Kind of Business: 1992 Through such as costs, sales statistics, [Notice–WWICC–2016–01; Docket No. 2016– 2013,’’ available at http://www.census.gov/econ/isp/ 0006; Sequence 1] sampler.php?naicscode=454111&naicslevel= inventories, formulas, patterns, devices, 6?cssp=SERP, staff estimates the annual mail, manufacturing processes, or customer World War One Centennial Internet, or telephone sales to consumers in the names. Commission; Notification of Upcoming three-year period for which OMB clearance is If you want the Commission to give sought will average $461 billion. Thus, the Public Advisory Meeting projected average labor cost for MITOR compliance your comment confidential treatment, by existing and new businesses for that period you must file it in paper form, with a AGENCY: World War One Centennial would amount to 0.01% of sales. request for confidential treatment, and Commission, GSA.

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ACTION: Meeting notice. 291, div. B, S3091, Dec. 19, 2014)), as DEPARTMENT OF HEALTH AND a commission to ensure a suitable HUMAN SERVICES SUMMARY: Notice of this meeting is being observance of the centennial of World provided according to the requirements War I, to provide for the designation of Centers for Disease Control and of the Federal Advisory Committee Act, memorials to the service of members of Prevention 5 U.S.C. App. 10(a)(2). This notice the United States Armed Forces in provides the schedule and agenda for [Docket Number CDC–2015–0075; NIOSH– World War I, and for other purposes. 288] the January 25, 2016 meeting of the World War One Centennial Commission Under this authority, the Committee Request for Information on (the Commission). The meeting is open will plan, develop, and execute Development of a Performance Test to the public. programs, projects, and activities to Protocol for Closed System Transfer DATES: The meeting will be held on commemorate the centennial of World Devices That Incorporate Air-Cleaning Monday, January 25, 2016 starting at 10 War I, encourage private organizations Technology To Provide Worker a.m. Eastern Standard Time (EST), and and State and local governments to Protection During Pharmacy ending no later than 12:30 p.m., (EST). organize and participate in activities Compounding and Administration of ADDRESSES: The meeting will be held at commemorating the centennial of World Hazardous Drugs the office of the Jones Day Law firm at War I, facilitate and coordinate activities AGENCY: 51 Louisiana Ave. NW., Washington, DC throughout the United States relating to National Institute for 20001–2105. This location is the centennial of World War I, serve as Occupational Safety and Health handicapped accessible. The meeting a clearinghouse for the collection and (NIOSH) of the Centers for Disease will be open to the public and will also dissemination of information about Control and Prevention (CDC), Department of Health and Human be available telephonically. Persons events and plans for the centennial of Services (HHS). attending in person are requested to World War I, and develop refrain from using perfume, cologne, recommendations for Congress and the ACTION: Request for information and and other fragrances (see http:// President for commemorating the comment. www.accessboard.gov/about/policies/ centennial of World War I. The SUMMARY: The National Institute for fragrance.htm for more information). Commission does not have an Occupational Safety and Health Persons wishing to listen to the appropriation and operated solely on (NIOSH) of the Centers for Disease proceedings may dial 712–432–1001 donated funds. Control and Prevention (CDC) requests and enter access code 474845614. Note information for the development of a Agenda: Monday, January 25, 2016 this is not a toll-free number. Written test protocol to evaluate the Comments may be submitted to the Old Business performance of closed system drug- Commission and will be made part of transfer devices (CSTDs) that adopt air- the permanent record of the • Approval of minutes of previous cleaning technologies. CSTDs are Commission. Comments must be meetings generally available in two design types: received by 5:00 p.m., (EST), January 21, • Public Comment Period (1) One that uses a physical barrier to 2016, and may be provided by email to: block the unintended release of drug daniel.dayton@ New Business into the surrounding environment or the worldwar1centennial.org. Contact intake of environmental contaminants • Commission Operating Status Daniel S. Dayton at daniel.dayton@ into the sterile drug pathway and (2) worldwar1centennial.org to register to • Requests for Support one that uses air cleaning or filtration comment in person during the meeting’s • WWI Memorial at Pershing Park— technologies to prevent the unintended 30 minute public comment period. release of drug into the surrounding Registered speakers/organizations will Discussion and Vote environment or the intake of be allowed 5 minutes and will need to • International Report environmental contaminants into the provide written copies of their • Chairman’s Report sterile drug pathway. A draft protocol presentations. Requests to comment at • titled, ‘‘A Vapor Containment the meeting must be received by 5 p.m. Next Meeting Performance Protocol for Closed System Eastern time, January 21, 2016. Written Other business as may properly come Transfer Devices Used During Pharmacy presentations may be provided to Mr. before the Commission Adjourns. Compounding and Administration of Dayton at daniel.dayton@ Dated: January 13, 2016. Hazardous Drugs,’’ was developed by worldwar1centennial.org until Daniel S. Dayton, NIOSH to evaluate how protective the Thursday, January 21, 2016. Please physical barrier-type CSTD devices contact Mr. Dayton at the email address Designated Federal Official, World War I were as an indicator of how effective above to obtain meeting materials. Centennial Commission. [FR Doc. 2016–00911 Filed 1–15–16; 8:45 am] they would be at preventing hazardous FOR FURTHER INFORMATION CONTACT: drug escape from the closed system. BILLING CODE 6820–95–P Daniel S. Dayton, Designated Federal This RFI seeks information from the Officer, World War 1 Centennial public regarding the feasibility of Commission, 701 Pennsylvania Avenue developing a protocol applicable to NW., 123, Washington, DC 20004–2608, CSTDs using air cleaning or filtration at 202–380–0725 (note: this is not a toll- technologies and to request information free number). from stakeholders on this topic. SUPPLEMENTARY INFORMATION: Table of Contents Background • DATES: The World War One Centennial • ADDRESSES: Commission was established by Public • INSTRUCTIONS: Law 112–272 (as amended (Pub. L. 113– • FOR FURTHER INFORMATION:

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• BACKGROUND: public comments in response to the would you require the test protocol • INFORMATION NEEDS: following questions. Please feel free to details to be protected as proprietary DATES: Electronic or written comments comment on any or all of the questions information? should be received on or before March below: 11. If applicable, are you willing to 8, 2016. 1. Are there any other types of CSTDs share test results from the application of ADDRESSES: You may submit comments available that would not fit into the two your air cleaning or filtration identified by CDC–2015–0075 and categories described, i.e., (1) barrier technologies CSTD test protocol with Docket Number NIOSH–288 by any of systems, and (2) air-cleaning or filtration NIOSH? 12. Are you interested in being a the following methods: technologies? collaborative partner with NIOSH on the • Federal eRulemaking Portal: http:// 2. Is there an existing test protocol for development of an air cleaning or www.regulations.gov. Follow the evaluation of the protective efficacy of filtration technologies CSTD test instructions for submitting comments. air-cleaning or filtration technologies protocol? • Mail: National Institute for CSTDs? Can this test protocol, and/or the details of the underlying procedures Responses to this notice are not offers Occupational Safety and Health, NIOSH and cannot be accepted by the Docket Office, 1090 Tusculum Avenue, and test data be shared with NIOSH? Please apply the following questions Government to form a binding contract MS C–34, Cincinnati, OH 45226–1998. or to issue a grant. Information obtained Instructions: All information received to a protocol you have developed, one as a result of this RFI may be used by in response to this notice must include you are aware of, or one you believe to be feasible to develop: the government for program planning on the agency name and docket number a non-attribution basis. Please do not (CDC–2015–0075; NIOSH–288). All 3. Are there any special restrictions, limiting assumptions or requirements include any information that might be relevant comments received will be considered proprietary, confidential, or posted without change to for expertise required to conduct the protocol? personally identifying (such as home www.regulations.gov, including any address or social security number). personal information provided. For 4. What are the performance criteria access to the docket to read background used with the protocol tests to Dated: January 12, 2016. documents or comments received, go to determine acceptability and judge John Howard, www.regulations.gov. All information conformity? Director, National Institute for Occupational received in response to this notice will 4. Does the protocol apply to Safety and Health, Centers for Disease Control also be available for public examination compounding operations, and Prevention. and copying at the NIOSH Docket administration activities or both? [FR Doc. 2016–00827 Filed 1–15–16; 8:45 am] 5. Does this protocol use a surrogate Office, 1150 Tusculum Avenue, Room BILLING CODE 4163–19–P or does it require testing against the 155, Cincinnati, OH 45226. actual hazardous drugs? FOR FURTHER INFORMATION CONTACT: 6. If a surrogate is used, DEPARTMENT OF HEALTH AND Gayle DeBord, NIOSH, Division of a. Does the surrogate represent all HUMAN SERVICES Applied Research and Technologies, hazardous drugs or a subset? Robert A. Taft Laboratories, 1090 b. Which criteria are used in selection Centers for Disease Control and Tusculum Avenue, MS–R2, Cincinnati, of the surrogate? Prevention Ohio 45226, Phone: (513) 841–4256 [not c. Describe how the selection criteria [30Day–16–15BBU] a toll-free number], Email: address the degree to which the [email protected]. surrogate or surrogates are Agency Forms Undergoing Paperwork Background: The purpose of the RFI representative of the class of hazardous Reduction Act Review is to seek information relative to the drugs to which they apply. development of a performance d. Does the surrogate introduce any The Centers for Disease Control and evaluation protocol for CSTDs using air potential worker exposure hazards? Prevention (CDC) has submitted the cleaning or filtration technologies. The 7. List the hazardous drugs for which following information collection request draft protocol released for public this protocol has been used. to the Office of Management and Budget comment on September 8, 2015 [80 FR a. How were these hazardous drugs (OMB) for review and approval in 53802] is applicable to barrier-type selected? accordance with the Paperwork CSTDs only. This RFI expands the scope b. Were there any hazardous drugs for Reduction Act of 1995. The notice for of the previous RFI to seek information which the test protocol was not or the proposed information collection is to support development of a companion would not be successful or compatible? published to obtain comments from the protocol that would apply to CSTDs c. During protocol application, in public and affected agencies. using air cleaning or filtration what state were the hazardous drugs, Written comments and suggestions technologies, thus covering the e.g., full strength as delivered, full from the public and affected agencies remainder of the currently known CSTD strength reconstituted, patient dose with concerning the proposed collection of marketplace. diluent, or drug cocktail? information are encouraged. Your Information Needs: Additional data 8. What procedure(s) can be used to comments should address any of the and information are needed to assist verify that the protocol is applicable for following: (a) Evaluate whether the NIOSH to develop or adapt a test new hazardous drugs as they are proposed collection of information is protocol for evaluating the efficiency of identified and brought to market? necessary for the proper performance of air cleaning or filtration technologies 9. Can the test protocol be used the functions of the agency, including CSTDs. In particular, NIOSH requests effectively for different formulations of whether the information will have submission of existing test protocols the same active pharmaceutical practical utility; (b) Evaluate the developed for efficacy testing of air ingredient? accuracy of the agencies estimate of the cleaning or filtration technologies 10. If applicable, are you willing to burden of the proposed collection of CSTDs. share details of your test protocol with information, including the validity of The National Institute for NIOSH? Would you be willing for the the methodology and assumptions used; Occupational Safety and Health seeks protocol details to be shared publicly or (c) Enhance the quality, utility, and

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clarity of the information to be Web sites, sexual health promotion time using media features than text- collected; (d) Minimize the burden of educational materials or in clinics. based content. the collection of information on those The study will randomize a sample of All information will be collected who are to respond, including through 1,200 girls, ages 14–18 years, into two electronically. This study will collect the use of appropriate automated, groups: the intervention group and the data through two mechanisms: (1) Self- electronic, mechanical, or other control group. The intervention group administered online surveys, and (2) the technological collection techniques or will have access to Crush and will Crush enrollment database. Participants other forms of information technology, receive weekly sexual health will complete a total of three self- e.g., permitting electronic submission of information via text to their phones for administered online surveys at baseline, responses; and (e) Assess information six months. The control group will have and at three and six month follow-ups. collection costs. access to a fitness mobile application Survey questions will assess behavior, To request additional information on (‘‘app’’) and will receive general health attitudes, social norms about sexual the proposed project or to obtain a copy information via text to their phones for behavior, contraception use and clinic of the information collection plan and six months. Participants are expected to utilization, and satisfaction with Crush. access either app frequently throughout instruments, call (404) 639–7570 or The mobile response surveys will be send an email to [email protected]. Written a six month period. As part of the analysis, sexual behavior and key sent to participants via text message comments and/or suggestions regarding which they can complete on a the items contained in this notice psychosocial factors will be assessed at three points in time: at baseline, and at smartphone. The estimated burden per should be directed to the Attention: response is 5–15 minutes. Survey CDC Desk Officer, Office of Management three- and six-month follow-ups. Efficacy testing will respond to the responses will be matched by each and Budget, Washington, DC 20503 or participant’s unique identifying by fax to (202) 395–5806. Written following research questions: 1. Does exposure to Crush increase number. Each participant will receive comments should be received within 30 consistent contraception use among up to two survey reminders starting one days of this notice. participants? week after the initial survey link is sent, Proposed Project 2. Does exposure to Crush increase for two consecutive weeks. There are clinic utilization rate among minor differences in survey content for The Girl Power Project Efficacy participants? the control and intervention groups. Trial—New—National Center for 3. Is media content more attractive to Chronic Disease Prevention and Health Each participant will create a profile participants than text-based content? in the database upon enrollment. This Promotion (NCCDPHP), Centers for For research questions 1 and 2, we Disease Control and Prevention (CDC). database will collect initial hypothesize that participants in the demographic and contact information, The 60-day Federal Register Notice, intervention group will report increased published on August 12, 2015, was informed consent signatures, and intent to use effective contraception and information about the participant’s titled ‘‘Efficacy Study of a Mobile utilize clinic services at three and six Application to Provide Comprehensive navigation pattern through Crush. Any months post-intervention. information entered directly into Crush and Medically Accurate Sexual Health The study will also include a usability interactive features will not be stored in Information for Adolescent Girls.’’ testing component to identify the the system. The database only collects content and features of Crush that are Background and Brief Description web analytics data about page visits and most attractive to participants, the duration of each visit by User ID and Despite drastic reductions in teen frequency in which Crush was used, Internet Protocol (IP) address. Web births across all racial and ethnic and the navigation patterns within analytics will only be collected from groups, Black and Latino girls continue Crush. Participants will create an participants navigating Crush and only to have disproportionately high rates of account in the Enrollment Database. teen births. Increasing girls’ access to This database will host participants’ when they are logged in as users. Web medically accurate and comprehensive enrollment information, basic analytics are generated for any Web site sexual health information is the first demographic information, and will also and are a standard evaluation step in sustaining momentum in teen track their navigation pattern to monitor mechanism for assessing the traffic pregnancy reduction among all racial Crush visitation frequency and visit patterns on Web pages. This technology and ethnic groups, and in promoting duration. Navigation data will be used permits development of an objective healthy sexual behaviors, especially to assess intervention exposure and and quantifiable measure that tracks and among minority girls. dosage to specific content areas of records participants’ exposure to Crush. CDC plans to collect the information Crush. To test real-world utilization of This study component does not entail needed to test the efficacy of a Crush, control group participants will any response burden to participants. comprehensive and medically accurate gain access to Crush six months after Findings will be used to inform the mobile application, titled Crush, in enrolling into the study, but will not development and delivery of effective increasing adolescent girls’ receive weekly text messages. The study health communications. contraception use and clinic visitation will track visitation frequency and OMB approval is requested for one for sexual and reproductive health duration of each visit. Usability testing year. Participation is voluntary and services. The information disseminated will respond to Research Question #3. there are no costs to respondents other via Crush is similar to the sexual health We hypothesize that participants in the than their time. The total estimated information youth can access via other intervention group will spend more annualized burden hours are 752.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

Girls 14–18 years old ...... Enrollment Questions ...... 1,200 1 5/60 Intervention Group ...... Baseline Survey ...... 600 1 15/60 3-Month Survey ...... 480 1 10/60 6-Month Survey ...... 384 1 15/60 Control Group ...... Baseline Survey ...... 600 1 15/60 3-Month Survey ...... 480 1 10/60 6-Month Survey ...... 384 1 15/60

Leroy A. Richardson, • BACKGROUND: training. Within the overall scope of its Chief, Information Collection Review Office, • INFORMATION NEEDS: activities, the Center plans to develop a Office of Scientific Integrity, Office of the DATES: Electronic or written comments document to evaluate current and future Associate Director for Science, Office of the should be received on or before March sensor technologies used in emergency Director, Centers for Disease Control and 21, 2016. response. Prevention. ADDRESSES: Information Needs: Specifically, [FR Doc. 2016–00866 Filed 1–15–16; 8:45 am] You may submit comments identified by CDC–2016–0002 and emergency responders are increasingly BILLING CODE 4163–18–P Docket Number NIOSH–214 by any of relying on direct-reading instruments the following methods: and other sensor technologies to rapidly • DEPARTMENT OF HEALTH AND Federal eRulemaking Portal: http:// evaluate potentially life-threatening HUMAN SERVICES www.regulations.gov. Follow the hazards and exposures. instructions for submitting comments. Recommendations to support the proper Centers for Disease Control and • Mail: National Institute for selection, use, validation, calibration Prevention Occupational Safety and Health, NIOSH and interpretation of these technologies Docket Office, 1090 Tusculum Avenue, are lacking. The use of new generations [Docket Number CDC–2016–0002; NIOSH– MS C–34, Cincinnati, OH 45226–1998. of sensors has increased exponentially 214] Instructions: All information received in the past few years. While other Request for Information on NIOSH in response to this notice must include Federal agencies and organizations have Center for Direct Reading and Sensor the agency name and docket number developed some recommendations on Technologies: Sensors for Emergency (CDC–2016–0002; NIOSH–214). All this topic, newer sensor technologies Response Activities relevant comments received will be have not been thoroughly evaluated and posted without change to guidance has not focused on AGENCY: National Institute for www.regulations.gov, including any interpretation of data or appropriate for Occupational Safety and Health personal information provided. For the intended purpose. Other factors that (NIOSH) of the Centers for Disease access to the docket to read background need to be considered are that multiple Control and Prevention (CDC), documents or comments received, go to strategies of environmental sampling Department of Health and Human www.regulations.gov. All information will be necessary in any response effort; Services (HHS). received in response to this notice will and that an understanding of the ACTION: Request for information (RFI) also be available for public examination advantages and limitations of newer and comment. and copying at the NIOSH Docket direct-reading and sensor technologies Office, 1150 Tusculum Avenue, Room is needed to select the appropriate SUMMARY: The National Institute for 155, Cincinnati, OH 45226. strategies. Additionally, training for Occupational Safety and Health these new sensor technologies and (NIOSH), part of the Centers for Disease FOR FURTHER INFORMATION CONTACT: D. Gayle DeBord, NIOSH, Division of environmental sampling strategies may Control and Prevention (CDC), requests be lacking. information to enhance the value of the Applied Research and Technologies, Robert A. Taft Laboratories, 1090 The National Institute for NIOSH Center for Direct Reading and Occupational Safety and Health seeks Sensor Technologies and is seeking Tusculum Avenue, MS–R2, Cincinnati, Ohio 45226, Phone: (513) 841–4256 [not public comments in response to the input regarding specific issues on the following questions. Please feel free to availability, capability, suitability, a toll-free number], Email: GDeBord@ cdc.gov. comment on any or all of the questions barriers, limitations, and opportunities below: for current or future direct reading Background: The NIOSH Center for devices and sensor technologies that can Direct Reading and Sensor Technologies A. Utilization of Sensors in Emergency be utilized for emergency response. This (http://www.cdc.gov/niosh/topics/drst/ Response RFI is intended to inform the planning default.html) was created in May 2014 A1. What sensors have the most of a document to evaluate current and to coordinate the development of immediate impact on emergency future sensor technologies used in recommendations on the use of these response? emergency response. 21st century technologies in occupational safety and health. The A2. What applications/situations such Table of Contents mission of the Center is to develop a as determination of the need for • DATES: national research agenda, provide evacuation, use of personal protective • ADDRESSES: guidance on the selection of sensors and equipment, or end-of-service-life of • INSTRUCTIONS: direct-reading monitors and guidance protective equipment are particularly in • FOR FURTHER INFORMATION: for validation, quality control and need of sensors?

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A3. What are some advantages of E. Additional Considerations the collection of information on those newer generation sensors or direct E1. What additional questions and who are to respond, including through reading devices for emergency considerations should be considered the use of appropriate automated, response? relevant to planning the development of electronic, mechanical, or other A4. Could wearable or embedded a document to evaluate current and technological collection techniques or sensors have a major contribution? future sensor technologies used in other forms of information technology, How? emergency response? e.g., permitting electronic submission of A5. What are the primary stumbling E2. What elements of the sensor responses; and (e) Assess information blocks that impede sensor development lifecycle are either missing, in need of collection costs. To request additional information on and commercialization (e.g., reliability, clarification, or of greatest importance? the proposed project or to obtain a copy potential market size, investment Responses to this notice are not offers of the information collection plan and capital, etc.)? and cannot be accepted by the instruments, call (404) 639–7570 or Government to form a binding contract B. Standards and Guidance send an email to [email protected]. Written or to issue a grant. Information obtained comments and/or suggestions regarding B1. What existing standards or as a result of this RFI may be used by the items contained in this notice guidance are available with respect to the government for program planning on should be directed to the Attention: sensor performance characteristics and a non-attribution basis. Please do not CDC Desk Officer, Office of Management validation of sensors? include any information that might be and Budget, Washington, DC 20503 or B2. What standards need to be considered proprietary, confidential, or by fax to (202) 395–5806. Written developed (for performance or personally identifying (such as home comments should be received within 30 manufacturing) to meet industry and address or social security number). emergency responder expectations for days of this notice. Dated: January 12, 2016. emerging sensor technologies? Proposed Project B3. What guidance is needed with John Howard, Community-based tick control for the respect to sensors used in emergency Director, National Institute for Occupational prevention of Rocky Mountain spotted response? Safety and Health, Centers for Disease Control and Prevention. fever in Hermosillo, Mexico—New— C. Training [FR Doc. 2016–00828 Filed 1–15–16; 8:45 am] National Center for Emerging and Zoonotic Diseases (NCEZID), Centers for C1. What training is available on BILLING CODE 4163–19–P Disease Control and Prevention (CDC). when and how to use sensors in emergency response? Who is developing Background and Brief Description this training and how is it accessed DEPARTMENT OF HEALTH AND HUMAN SERVICES The Centers for Disease Control and (print, via web, etc.)? Prevention (CDC) Rickettsial Zoonoses C2. What additional training on Centers for Disease Control and Branch (RZB) requests approval of a sensors would be useful for emergency Prevention public health intervention assessment response? tool to demonstrate the efficacy and [30Day–16–16CP] C3. What standards or guidance are impact of public health research related available on how training should be Agency Forms Undergoing Paperwork to the prevention of Rocky Mountain developed and conducted? Reduction Act Review spotted fever [RMSF] in Hermosillo, D. Sensors Mexico. These activities include The Centers for Disease Control and monitoring cases, conducting tick D1. What capabilities would be Prevention (CDC) has submitted the control interventions, and performing highest priority for emergency response following information collection request participant surveys to assess the efforts? What are the current primary to the Office of Management and Budget knowledge, attitudes, and practices gaps in sensor functionality? (OMB) for review and approval in relating to tick control and prevention. D2. What are the largest technical accordance with the Paperwork The information collection for which challenges in manufacturing facing Reduction Act of 1995. The notice for approval is sought is in accordance with sensor development (e.g., integration, the proposed information collection is RZB’s mission to reduce morbidity and reliability)? published to obtain comments from the mortality of rickettsial diseases and D3. What are the new tools for public and affected agencies. decrease the burden of disease through integration/engineering (e.g., Wi-Fi, Written comments and suggestions control and prevention methods. programmable logic, signal processing from the public and affected agencies Authorizing Legislation comes from software, GPS/location services, concerning the proposed collection of Section 301 of the Public Health Service development of multi-sensor networks, information are encouraged. Your Act (42 U.S.C. 241). etc.) that will have the greatest impact comments should address any of the Approval of this data collection tool on sensors used in emergency response? following: (a) Evaluate whether the will allow RZB to collect information D4. What, if any, unique emergency proposed collection of information is related to risk of RMSF to improve and response issues might be expected for necessary for the proper performance of inform prevention activities. Successful sensor manufacturing? the functions of the agency, including execution of RZB’s public health D5. What sample types have you used whether the information will have mission requires the use of data to demonstrate sensor performance (e.g., practical utility; (b) Evaluate the collection activities in collaboration real clinical samples, environmental accuracy of the agencies estimate of the with multiple local and international samples/sites)? burden of the proposed collection of partners. RZB proposes the use of pre/ D6. What procedures for standardized information, including the validity of posttests to evaluate the changes in testing have you used to develop the methodology and assumptions used; knowledge, attitudes, and practices sensors? (c) Enhance the quality, utility, and relating to tick control as well as D7. What would aid the sensor clarity of the information to be perceived impact of the intervention development community? collected; (d) Minimize the burden of project. The project will collect basic

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household information to document RZB estimates involvement of 1,300 respondents beyond that associated consent to participate. Data collection respondents and a maximum of 701 with their time to provide the required will be conducted in-person. Data will hours of burden for research activities data. be recorded on paper forms and then each year. The collected information entered into an electronic database. will not impose a cost burden on the

ESTIMATED ANNUALIZED BURDEN HOURS

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

General Public ...... Registration ...... 500 1 20/60 167 General Public ...... KAP survey (pre- and post-interven- 800 2 20/60 534 tion).

Leroy A. Richardson, DATES: Comments on the collection(s) of reinstatement of an existing collection Chief, Information Collection Review Office, information must be received by the of information, before submitting the Office of Scientific Integrity, Office of the OMB desk officer by February 18, 2016. collection to OMB for approval. To Associate Director for Science, Office of the ADDRESSES: When commenting on the comply with this requirement, CMS is Director, Centers for Disease Control and proposed information collections, publishing this notice that summarizes Prevention. please reference the document identifier the following proposed collection(s) of [FR Doc. 2016–00867 Filed 1–15–16; 8:45 am] or OMB control number. To be assured information for public comment: BILLING CODE 4163–18–P consideration, comments and 1. Type of Information Collection recommendations must be received by Request: Revision of a currently the OMB desk officer via one of the approved information collection; Title DEPARTMENT OF HEALTH AND following transmissions: OMB, Office of of Information Collection: Evaluation of HUMAN SERVICES Information and Regulatory Affairs, the Graduate Nurse Education Centers for Medicare & Medicaid Attention: CMS Desk Officer, Fax Demonstration Program; Use: The Services Number: (202) 395–5806 or, Email: Graduate Nurse Education (GNE) [email protected]. Demonstration is mandated under [Document Identifier: CMS–10467] To obtain copies of a supporting Section 5509 of the Affordable Care Act statement and any related forms for the (ACA) under title XVIII of the Social Agency Information Collection proposed collection(s) summarized in Security Act (42 U.S.C. 1395 et seq.). Activities: Submission for OMB this notice, you may make your request According to Section 5509 of the ACA, Review; Comment Request using one of following: the five selected demonstration sites 1. Access CMS’ Web site address at receive ‘‘payment for the hospital’s ACTION: Notice. http://www.cms.hhs.gov/Paperwork reasonable costs for the provision of SUMMARY: The Centers for Medicare & ReductionActof1995. qualified clinical training to advance Medicaid Services (CMS) is announcing 2. Email your request, including your practice registered nurses.’’ Section an opportunity for the public to address, phone number, OMB number, 5509 of the ACA also states that an comment on CMS’ intention to collect and CMS document identifier, to evaluation of the graduate nurse information from the public. Under the [email protected]. education demonstration must be 3. Call the Reports Clearance Office at Paperwork Reduction Act of 1995 completed no later than October 17, (410) 786–1326. (PRA), federal agencies are required to 2017. This evaluation includes analysis publish notice in the Federal Register FOR FURTHER INFORMATION CONTACT: of the following: (1) growth in the concerning each proposed collection of Reports Clearance Office at (410) 786– number of advanced practice registered information, including each proposed 1326. nurses (APRNs) with respect to a extension or reinstatement of an existing SUPPLEMENTARY INFORMATION: Under the specific base year as a result of the collection of information, and to allow Paperwork Reduction Act of 1995 (PRA) demonstration; (2) growth for each of a second opportunity for public (44 U.S.C. 3501–3520), federal agencies the following specialties: clinical nurse comment on the notice. Interested must obtain approval from the Office of specialist, nurse practitioner, certified persons are invited to send comments Management and Budget (OMB) for each nurse anesthetist, certified nurse- regarding the burden estimate or any collection of information they conduct midwife; and (3) costs to the Medicare other aspect of this collection of or sponsor. The term ‘‘collection of program as result of the demonstration. information, including any of the information’’ is defined in 44 U.S.C. All information collected through the following subjects: (1) The necessity and 3502(3) and 5 CFR 1320.3(c) and Evaluation of the GNE project will be utility of the proposed information includes agency requests or used to meet the requirements specified collection for the proper performance of requirements that members of the public under the ACA Section 5509. We will the agency’s functions; (2) the accuracy submit reports, keep records, or provide also use the information to determine of the estimated burden; (3) ways to information to a third party. Section the overall effectiveness of the GNE enhance the quality, utility, and clarity 3506(c)(2)(A) of the PRA (44 U.S.C. project. The process evaluation seeks to of the information to be collected; and 3506(c)(2)(A)) requires federal agencies understand how the demonstration is (4) the use of automated collection to publish a 30-day notice in the implemented overall, how that techniques or other forms of information Federal Register concerning each implementation has changed over time, technology to minimize the information proposed collection of information, which aspects of the demonstration collection burden. including each proposed extension or have been successful or unsuccessful,

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and what plans the sites have for the Description: The Child Care and the approved FY 2014–2015 Tribal remainder of the implementation and Development Fund (CCDF) Plan (the Plans for one year. Also, please note that after the demonstration formally ends. Plan) for Tribes is required from each the CCDBG Act changed the Plan cycle The process evaluation will answer both CCDF Lead Agency in accordance with for all CCDF Plans from a 2 year to a 3 quantitative and qualitative questions. Section 658E of the Child Care and year plan period. The new deadline for Form Number: CMS–10467 (OMB Development Block Grant (CCDBG) Act, FY 2017–2019 Plan submission is July control number: 0938–1212); Frequency: as amended, by Public Law 113–186 1, 2016. Annually; Affected Public: State, Local, and U.S.C. 9858. The Plan provides ACF The revised Plan (ACF–118A) has or Tribal Governments; Private sector and the public with a description of, been organized into the following seven (Business and other for-profit and Not- and assurances about, the Tribes’ child critical areas: for-profit institutions); Number of care programs. • Define CCDF Leadership and Respondents: 104; Total Annual On November 19, 2014, the President Coordination with Relevant systems. signed the CCDBG Act of 2014 into law. Responses: 104; Total Annual Hours: • Provide Stable Child Care Financial The law (Pub. L. 113–186) made 802. (For policy questions regarding this Assistance to Families. collection contact Pauline Karikari- significant changes to the CCDF • Ensure Equal Access to high Martin at 410–786–1040.) Program to protect the health and safety Quality Child Care for Low-Income Dated: January 13, 2016. of children in child care, promote continuity of access to subsidy for low- Children. William N. Parham, III, • income families, better inform parents Ensuring the Health and Safety of Director, Paperwork Reduction Staff, Office and the general public about the child Children in Child Care Settings. of Strategic Operations and Regulatory • Supporting Continuous Quality Affairs. care choices available to them, and improve the overall quality of early Improvement. [FR Doc. 2016–00844 Filed 1–15–16; 8:45 am] learning and afterschool programs. The • Program Integrity and BILLING CODE 4120–01–P Act does not indicate the extent to Accountability. which CCDF provisions apply to Tribes. • Tribal CCDF Funding. DEPARTMENT OF HEALTH AND Starting in early 2015, OCC began a Section 8, an Optional Abbreviated HUMAN SERVICES series of formal consultations with Plan for Tribes Receiving Small Tribal leaders to determine how the Allocations was added for Tribes or Administration for Children and provisions in newly reauthorized child Tribal consortia whose annual CCDF Families care law would apply to Tribes and allocation is less than $250,000. Small Tribal organizations. The Notice of Tribes that select this option are not Proposed Information Collection Proposed Rule Making for the CCDF required to complete Sections 1–7 of the Activity; Comment Request program was issued on December 24, Plan preprint. 2015 for public comment. Pending the Proposed Projects In making the revisions, consideration issuance of new CCDF regulations and was given to minimize the burden of the Title: Child Care and Development guidance for Tribes, Tribes will follow collection of information on Fund Plan for Tribes for FFY 2017–2019 the current CCDF regulations. respondents. (ACF–118–A). OCC issued a Program Instruction to OMB No.: 0970–0198. notify Tribes that OCC will be extending Respondents

ANNUAL BURDEN ESTIMATES

Number of Number of responses Average Total burden Instrument respondents per burden hours hours respondent per response

CCDF Print ...... 257 0.50 120 15,420

Estimated Total Annual Burden requests should be identified by the title comments and suggestions submitted Hours: of the information collection. within 60 days of this publication. In compliance with the requirements The Department specifically requests Robert Sargis, comments on: (a) Whether the proposed of Section 506(c)(2)(A) of the Paperwork Reports Clearance Officer. Reduction Act of 1995, the collection of information is necessary [FR Doc. 2016–00840 Filed 1–15–16; 8:45 am] Administration for Children and for the proper performance of the Families is soliciting public comment functions of the agency, including BILLING CODE 4184–01–P on the specific aspects of the whether the information shall have information collection described above. practical utility; (b) the accuracy of the Copies of the proposed collection of agency’s estimate of the burden of the information can be obtained and proposed collection of information; (c) comments may be forwarded by writing the quality, utility, and clarity of the to the Administration for Children and information to be collected; and (d) Families, Office of Planning, Research ways to minimize the burden of the and Evaluation, 330 C Street SW., collection of information on Washington DC 20201. Attn: ACF respondents, including through the use Reports Clearance Officer. Email of automated collection techniques or address: [email protected]. All other forms of information technology. Consideration will be given to

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DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: the selection process for the committee. HUMAN SERVICES Margaret Ames, Center for Devices and Persons who nominate themselves as Radiological Health, Food and Drug voting industry representatives will not Food and Drug Administration Administration, 10903 New Hampshire participate in the selection process. Ave., Bldg. 66, rm. 5234, Silver Spring, FDA seeks to include the views of [Docket No. FDA–2016–N–0001] MD 20993, 301–796–5960, FAX: 301– women, men, members of all racial and 847–8505, [email protected]. ethnic groups, and individuals with and Request for Nominations on the SUPPLEMENTARY INFORMATION: The without disabilities on its advisory Technical Electronic Product Radiation Agency requests nominations for voting committees and, therefore encourages Safety Standards Committee industry representatives to the following nominations of appropriately qualified advisory committee: candidates from these groups. AGENCY: Food and Drug Administration, This notice is issued under the HHS. I. Technical Electronic Product Federal Advisory Committee Act (5 ACTION: Notice. Radiation Safety Standards Committee U.S.C. app. 2) and 21 CFR part 14, This Committee provides advice and relating to advisory committees. SUMMARY: The Food and Drug consultation to the Commissioner of Dated: January 11, 2016. Administration (FDA) is requesting any Food and Drugs on the technical Jill Hartzler Warner, industry organizations interested in feasibility, reasonableness, and participating in the selection of voting practicability of performance standards Associate Commissioner for Special Medical Programs. industry representatives to serve on the for electronic products, to control the Technical Electronic Product Radiation emission of radiation from such [FR Doc. 2016–00825 Filed 1–15–16; 8:45 am] Safety Standards Committee for the products, and may recommend BILLING CODE 4164–01–P Center for Devices and Radiological electronic product radiation safety Health to notify FDA in writing. FDA is standards to the Commissioner for DEPARTMENT OF HEALTH AND also requesting nominations for voting consideration. industry representatives to serve on the HUMAN SERVICES Technical Electronic Product Radiation II. Selection Procedure Food and Drug Administration Safety Standards Committee. A nominee Any industry organization interested may either be self-nominated or in participating in the selection of an [Docket No. FDA–2015–N–0001] nominated by an organization to serve appropriate voting member to represent as a voting industry representative. industry interests should send a letter Circulatory System Devices Panel of Nominations will be accepted for stating that interest to the FDA contact the Medical Devices Advisory current vacancies effective with this (see FOR FURTHER INFORMATION CONTACT) Committee; Notice of Meeting notice. within 30 days of publication of this AGENCY: Food and Drug Administration, document (see DATES). Within the DATES: Any industry organization HHS. subsequent 30 days, FDA will send a interested in participating in the ACTION: Notice. letter to each organization that has selection of an appropriate voting expressed an interest, attaching a member to represent industry interests This notice announces a forthcoming complete list of all such organizations, meeting of a public advisory committee must send a letter stating that interest to and a list of all nominees along with FDA by February 18, 2016, (see sections of the Food and Drug Administration their current resumes. The letter will (FDA). The meeting will be open to the I and II of this document for further also state that it is the responsibility of details). Concurrently, nomination public. the interested organizations to confer Name of Committee: Circulatory materials for prospective candidates with one another and to select a System Devices Panel of the Medical should be sent to FDA by February 18, candidate, within 60 days after the Devices Advisory Committee. 2016. receipt of the FDA letter, to serve as the General Function of the Committee: ADDRESSES: All statements of interest voting member to represent industry To provide advice and from industry organizations interested interests for the committee. The recommendations to the Agency on in participating in the selection process interested organizations are not bound FDA’s regulatory issues. of voting industry representative by the list of nominees in selecting a Date and Time: The meeting will be nomination should be sent to Margaret candidate. However, if no individual is held on March 15 and 16, 2016, from 8 Ames (see FOR FURTHER INFORMATION selected within 60 days, the a.m. to 6 p.m. CONTACT). All nominations for voting Commissioner will select the voting Location: Holiday Inn Gaithersburg, industry representatives may be member to represent industry interests. Ballroom, Two Montgomery Village submitted electronically by accessing Ave., Gaithersburg, MD 20879. The the FDA Advisory Committee III. Application Procedure hotel telephone number is 301–948– Membership Nomination Portal: https:// Individuals may self-nominate and/or 8900. www.accessdata.fda.gov/scripts/ an organization may nominate one or Contact Person: Dimitrus Culbreath, FACTRSPortal/FACTRS/index.cfm or by more individuals to serve as a voting Center for Devices and Radiological mail to Advisory Committee Oversight industry representative. Contact Health, Food and Drug Administration, and Management Staff, Food and Drug information, a current curriculum vitae, 10903 New Hampshire Ave., Bldg. 66, Administration, 10903 New Hampshire and the name of the committee of rm. 3610, Silver Spring, MD 20993– Ave., Bldg. 32, rm. 5103, Silver Spring, interest should be sent to the FDA 0002, 301–796–6872, MD 20993–0002. Information about Advisory Committee Membership [email protected], or becoming a member of an FDA advisory Nomination Portal (see ADDRESSES) FDA Advisory Committee Information committee can also be obtained by within 30 days of publication of this Line, 1–800–741–8138 (301–443–0572 visiting FDA’s Web site at http:// document (see DATES). FDA will forward in the Washington, DC area). A notice in www.fda.gov/AdvisoryCommittees/ all nominations to the organizations the Federal Register about last minute default.htm. expressing interest in participating in modifications that impact a previously

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announced advisory committee meeting making formal oral presentations should Tobacco Products (CTP), is opening a cannot always be published quickly notify the contact person and submit a docket to obtain data and information enough to provide timely notice. brief statement of the general nature of related to psychosocial predictors of Therefore, you should always check the the evidence or arguments they wish to uptake and continued use of tobacco Agency’s Web site at http:// present, the names and addresses of products, including specific categories www.fda.gov/AdvisoryCommittees/ proposed participants, and an of tobacco products and specific default.htm and scroll down to the indication of the approximate time individual tobacco products, as well as appropriate advisory committee meeting requested to make their presentation on other products from which predictors link, or call the advisory committee or before February 22, 2016. Time may be adapted for or extrapolated to information line to learn about possible allotted for each presentation may be tobacco products. FDA is seeking data modifications before coming to the limited. If the number of registrants and information in the form of reports meeting. requesting to speak is greater than can and manuscripts that are unpublished Agenda: On March 15, 2016, the be reasonably accommodated during the or not available through indexed committee will discuss, make scheduled open public hearing session, bibliographic databases. The purpose of recommendations, and vote on FDA may conduct a lottery to determine this request for information (RFI) is to information related to the premarket the speakers for the scheduled open gather additional information that could approval application for the Absorb GT1 public hearing session. The contact help identify and evaluate predictors of Bioresorbable Vascular Scaffold (BVS) person will notify interested persons consumer initiation, uptake, and use of System sponsored by Abbott Vascular. regarding their request to speak by tobacco products. FDA has already The Absorb GT1 BVS System is a February 24, 2016. searched the publicly available temporary scaffold that will fully resorb Persons attending FDA’s advisory scientific literature and is now seeking over time and is indicated for improving committee meetings are advised that the to supplement that with information coronary luminal diameter in patients Agency is not responsible for providing that is not included in the published with ischemic heart disease due to de access to electrical outlets. scientific literature. novo native coronary artery lesions FDA welcomes the attendance of the DATES: Submit either electronic or (length ≤ 24 millimeters (mm)) with a public at its advisory committee written comments or information by reference vessel diameter of ≥ 2.5 mm meetings and will make every effort to March 4, 2016. and ≤ 3.75 mm. accommodate persons with disabilities. On March 16, 2016, the committee If you require accommodations due to a ADDRESSES: You may submit comments will discuss, make recommendations, disability, please contact Artair Mallett as follows: and vote on information related to the at [email protected], 301–796– Electronic Submissions premarket approval application for the 9638, at least 7 days in advance of the Submit electronic comments in the AngelMed Guardian System sponsored meeting. by Angel Medical Systems, Inc. The following way: FDA is committed to the orderly • AngelMed Guardian System is an conduct of its advisory committee Federal eRulemaking Portal: http:// implantable cardiac monitor intended to meetings. Please visit our Web site at www.regulations.gov. Follow the alert patients to ST segment shifts http://www.fda.gov/ instructions for submitting comments. indicating coronary ischemia. The AdvisoryCommittees/ Comments submitted electronically, AngelMed Guardian System is intended AboutAdvisoryCommittees/ including attachments, to http:// for use in patients with prior acute ucm111462.htm for procedures on www.regulations.gov will be posted to coronary syndrome events, and at risk public conduct during advisory the docket unchanged. Because your for recurrent events, to ST segment committee meetings. comment will be made public, you are changes indicating cardiac ischemia. Notice of this meeting is given under solely responsible for ensuring that your FDA intends to make background the Federal Advisory Committee Act (5 comment does not include any material available to the public no later U.S.C. app. 2). confidential information that you or a than 2 business days before the meeting. third party may not wish to be posted, If FDA is unable to post the background Dated: January 11, 2016. such as medical information, your or material on its Web site prior to the Jill Hartzler Warner, anyone else’s Social Security number, or meeting, the background material will Associate Commissioner for Special Medical confidential business information, such be made publicly available at the Programs. as a manufacturing process. Please note location of the advisory committee [FR Doc. 2016–00824 Filed 1–15–16; 8:45 am] that if you include your name, contact meeting, and the background material BILLING CODE 4164–01–P information, or other information that will be posted on FDA’s Web site after identifies you in the body of your the meeting. Background material is comments, that information will be available at http://www.fda.gov/ DEPARTMENT OF HEALTH AND posted on http://www.regulations.gov. AdvisoryCommittees/Calendar/ HUMAN SERVICES • If you want to submit a comment default.htm. Scroll down to the Food and Drug Administration with confidential information that you appropriate advisory committee meeting do not wish to be made available to the link. [Docket No. FDA–2016–N–0073] public, submit the comment as a Procedure: Interested persons may written/paper submission and in the present data, information, or views, Request for Information on manner detailed (see ‘‘Written/Paper orally or in writing, on issues pending Psychosocial Predictors of Uptake of Submissions’’ and ‘‘Instructions’’). before the committee. Written Tobacco and Other Products Written/Paper Submissions submissions may be made to the contact AGENCY: Food and Drug Administration, person on or before March 1, 2016. Oral HHS. Submit written/paper submissions as presentations from the public will be ACTION: Notice; request for information. follows: scheduled on March 15 and 16, 2016, • Mail/Hand delivery/Courier (for between approximately 1 p.m. and 2 SUMMARY: The Food and Drug written/paper submissions): Division of p.m. Those individuals interested in Administration (FDA), Center for Dockets Management (HFA–305), Food

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and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, rm. theses; and white papers or other Lane, rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852. unpublished reports. FDA is requesting • For written/paper comments FOR FURTHER INFORMATION CONTACT: both data that show associations as well submitted to the Division of Dockets Shireen Ahmad, Office of Science, as data that fail to show an association Management, FDA will post your Center for Tobacco Products, Food and (i.e., null findings). Specifically, FDA is comment, as well as any attachments, Drug Administration, 10903 New requesting unpublished data from except for information submitted, Hampshire Ave., Bldg. 75, rm. 4462, studies on human subjects (including marked and identified, as confidential, Silver Spring, MD 20993–0002, 1–877– youth, young adults, and older adults) if submitted as detailed in 287–1373, email: CTPRegulations@ that include: ‘‘Instructions.’’ fda.hhs.gov. Instructions: All submissions received • A longitudinal design must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: (observational or experimental) in 2016–N–0073 for ‘‘Request for I. Background which there is at least one month Information on Psychosocial Predictors between assessments and data are of Uptake of Tobacco and Other On June 22, 2009, the President reported for at least two time points; signed the Family Smoking Prevention Products.’’ Received comments will be • At least one psychosocial predictor; placed in the docket and, except for and Tobacco Control Act (Pub. L. 111– and those submitted as ‘‘Confidential 31) (Tobacco Control Act) into law. The Submissions,’’ publicly viewable at Tobacco Control Act grants FDA • A quantifiable (continuous or http://www.regulations.gov or at the authority to regulate the manufacture, categorical) outcome measure of actual Division of Dockets Management marketing, and distribution of tobacco product use (not intentions to use) between 9 a.m. and 4 p.m., Monday products to protect public health related to initiation or uptake. generally and to reduce tobacco use by through Friday. Outcomes may include: • Confidential Submissions—To minors. FDA is conducting a systematic • submit a comment with confidential review and meta-analysis of the Initiation; information that you do not wish to be scientific literature in an effort to • Continued use; identify the best psychosocial predictors made publicly available, submit your • Progression to more frequent use; comments only as a written/paper that longitudinally predict initiation of • submission. You should submit two tobacco product use, uptake of specific Choice of a specific product; or copies total. One copy will include the types of tobacco products, and uptake of • Other similar outcomes. specific individual tobacco products. information you claim to be confidential Data may come from studies outside This information may be used by FDA with a heading or cover note that states of the United States; however, we prefer in future rulemaking and review of ‘‘THIS DOCUMENT CONTAINS that reports be submitted in English. CONFIDENTIAL INFORMATION.’’ The industry submissions. For this RFI, FDA is seeking only Agency will review this copy, including II. Request for Information the claimed confidential information, in quantitative scientific data presented in its consideration of comments. The FDA seeks information related to report or manuscript format, and not second copy, which will have the psychosocial predictors of uptake of data from qualitative studies (e.g., claimed confidential information tobacco and other products. FDA has interviews, focus groups), anecdotes, or redacted/blacked out, will be available searched the publicly available testimonials. FDA is requesting data and for public viewing and posted on scientific literature and is now looking information from all interested parties, http://www.regulations.gov. Submit to supplement that search with including, but not limited to, academic both copies to the Division of Dockets information from other sources, and government researchers, industry, Management. If you do not wish your specifically unpublished data or other and any other sources. name and contact information to be information. For the purpose of this RFI, made publicly available, you can FDA considers ‘‘psychosocial When submitting information, please provide this information on the cover predictors’’ to include constructs that include details about how the data were sheet and not in the body of your can be measured at the level of the collected, including the sample comments and you must identify this individual, such as beliefs, attitudes, composition, year(s) of data collection, information as ‘‘confidential.’’ Any perceptions, intentions, willingness/ and a detailed summary of the methods information marked as ‘‘confidential’’ openness, curiosity, or other measures and measures used. For data summaries, will not be disclosed except in that have been used in longitudinal please include both point estimates and accordance with 21 CFR 10.20 and other research and demonstrated to be measures of variance, as well as effect applicable disclosure law. For more associated with product uptake or sizes (if available). information about FDA’s posting of initiation. In addition to studies Please also note that when submitting comments to public dockets, see 80 FR reporting on tobacco products, FDA also information and data to the docket, 56469, September 18, 2015, or access would accept information on uptake certain compressed file formats (e.g., zip and use of other products from which the information at: http://www.fda.gov/ files) are not allowed. Acceptable file predictors may be adapted for or regulatoryinformation/dockets/ formats include: .doc, .docx, .pdf, .ppt, default.htm. extrapolated to tobacco products. If such .pptx, .rtf, .txt, .xls, .xlsx, .xlsm, .xlsb, Docket: For access to the docket to information is submitted, it should read background documents or the include an explanation of why the and .wpd. electronic and written/paper comments predictor and product could be Dated: January 12, 2016. received, go to http:// extrapolated to tobacco products. Leslie Kux, www.regulations.gov and insert the For this RFI, FDA is requesting Associate Commissioner for Policy. docket number, found in brackets in the unpublished data (summarized); [FR Doc. 2016–00836 Filed 1–15–16; 8:45 am] heading of this document, into the unpublished or prepublication copies of ‘‘Search’’ box and follow the prompts manuscripts, conference presentations, BILLING CODE 4164–01–P and/or go to the Division of Dockets and/or posters; dissertations and/or

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DEPARTMENT OF HEALTH AND (uses) for this product are: (1) Reducing AdvisoryCommittees/Calendar/ HUMAN SERVICES signs and symptoms and inducing and default.htm. Scroll down to the maintaining clinical remission in adult appropriate advisory committee meeting Food and Drug Administration patients with moderately to severely link. [Docket No. FDA–2016–N–0001] active Crohn’s disease who have had an Procedure: Interested persons may inadequate response to conventional present data, information, or views, therapy; (2) reducing the number of Arthritis Advisory Committee; Notice orally or in writing, on issues pending of Meeting draining enterocutaneous and rectovaginal fistulas and maintaining before the committee. Written AGENCY: Food and Drug Administration, fistula closure in adult patients with submissions may be made to the contact HHS. fistulizing Crohn’s disease; (3) reducing person on or before January 26, 2016. ACTION: Notice. signs and symptoms and inducing and Oral presentations from the public will maintaining clinical remission in be scheduled between approximately This notice announces a forthcoming pediatric patients 6 years of age and 1:30 p.m. and 3 p.m. Those individuals meeting of a public advisory committee older with moderately to severely active interested in making formal oral of the Food and Drug Administration Crohn’s disease who have had an presentations should notify the contact (FDA). The meeting will be open to the inadequate response to conventional person and submit a brief statement of public. therapy; (4) reducing signs and the general nature of the evidence or Name of Committee: Arthritis symptoms, inducing and maintaining arguments they wish to present, the Advisory Committee. General Function of the Committee: clinical remission and mucosal healing, names and addresses of proposed To provide advice and and eliminating corticosteroid use in participants, and an indication of the recommendations to the Agency on adult patients with moderately to approximate time requested to make FDA’s regulatory issues. severely active ulcerative colitis who their presentation on or before January Date and Time: The meeting will be have had an inadequate response to 25, 2016. Time allotted for each held on February 9, 2016, from 7:30 a.m. conventional therapy; (5) reducing signs presentation may be limited. If the to 5 p.m. and symptoms and inducing and number of registrants requesting to Location: FDA White Oak Campus, maintaining clinical remission in speak is greater than can be reasonably 10903 New Hampshire Ave., Bldg. 31 pediatric patients 6 years of age and accommodated during the scheduled Conference Center, the Great Room (Rm. older with moderately to severely active open public hearing session, FDA may 1503), Silver Spring, MD 20993–0002. ulcerative colitis who have had an conduct a lottery to determine the Answers to commonly asked questions inadequate response to conventional speakers for the scheduled open public therapy; 1 (6) in combination with including information regarding special hearing session. The contact person will methotrexate, reducing signs and accommodations due to a disability, notify interested persons regarding their symptoms, inhibiting the progression of visitor parking, and transportation may request to speak by January 15, 2016. be accessed at: http://www.fda.gov/ structural damage, and improving AdvisoryCommittees/ physical function in patients with Persons attending FDA’s advisory AboutAdvisoryCommittees/ moderately to severely active committee meetings are advised that the ucm408555.htm. rheumatoid arthritis; (7) reducing signs Agency is not responsible for providing Contact Person: Stephanie L. and symptoms in patients with active access to electrical outlets. Begansky, Center for Drug Evaluation ankylosing spondylitis; (8) reducing FDA welcomes the attendance of the and Research, Food and Drug signs and symptoms of active arthritis, public at its advisory committee Administration, 10903 New Hampshire inhibiting the progression of structural meetings and will make every effort to Ave., Bldg. 31, Rm. 2417, Silver Spring, damage, and improving physical accommodate persons with disabilities. function in patients with psoriatic MD 20993–0002, 301–796–9001, FAX: If you require accommodations due to a arthritis; and (9) treatment of adult 301–847–8533, [email protected], or disability, please contact Stephanie L. patients with chronic severe (i.e., FDA Advisory Committee Information Begansky at least 7 days in advance of extensive and/or disabling) plaque Line, 1–800–741–8138 (301–443–0572 the meeting. in the Washington, DC area). A notice in psoriasis who are candidates for the Federal Register about last minute systemic therapy and when other FDA is committed to the orderly modifications that impact a previously systemic therapies are medically less conduct of its advisory committee announced advisory committee meeting appropriate. meetings. Please visit our Web site at cannot always be published quickly FDA intends to make background http://www.fda.gov/ enough to provide timely notice. material available to the public no later AdvisoryCommittees/ Therefore, you should always check the than 2 business days before the meeting. AboutAdvisoryCommittees/ Agency’s Web site at http:// If FDA is unable to post the background ucm111462.htm for procedures on www.fda.gov/AdvisoryCommittees/ material on its Web site prior to the public conduct during advisory default.htm and scroll down to the meeting, the background material will committee meetings. be made publicly available at the appropriate advisory committee meeting Notice of this meeting is given under link, or call the advisory committee location of the advisory committee meeting, and the background material the Federal Advisory Committee Act (5 information line to learn about possible U.S.C. app. 2). modifications before coming to the will be posted on FDA’s Web site after meeting. the meeting. Background material is Dated: January 11, 2016. Agenda: The committee will discuss available at http://www.fda.gov/ Jill Hartzler Warner, biologics license application (BLA) Associate Commissioner for Special Medical 1 125544, for CT–P13, a proposed This indication is protected by orphan drug Programs. exclusivity expiring on September 23, 2018. See the biosimilar to Janssen Biotech Inc.’s Orphan Drug Designations and Approvals database [FR Doc. 2016–00823 Filed 1–15–16; 8:45 am] REMICADE (infliximab), submitted by at http://www.accessdata.fda.gov/scripts/ BILLING CODE 4164–01–P Celltrion, Inc. The proposed indications opdlisting/oopd/index.cfm.

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DEPARTMENT OF HEALTH AND information, or other information that information marked as ‘‘confidential’’ HUMAN SERVICES identifies you in the body of your will not be disclosed except in comments, that information will be accordance with 21 CFR 10.20 and other Food and Drug Administration posted on http://www.regulations.gov. applicable disclosure law. For more • If you want to submit a comment [Docket No. FDA–2015–N–4563] information about FDA’s posting of with confidential information that you comments to public dockets, see 80 FR Modified Release Veterinary Parenteral do not wish to be made available to the 56469, September 18, 2015, or access Dosage Forms: Development, public, submit the comment as a the information at: http://www.fda.gov/ Evaluation, and Establishment of written/paper submission and in the regulatoryinformation/dockets/ Specifications; Draft Guidance for manner detailed (see ‘‘Written/Paper default.htm. Industry; Availability Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to Written/Paper Submissions read background documents or the AGENCY: Food and Drug Administration, electronic and written/paper comments HHS. Submit written/paper submissions as received, go to http:// ACTION: Notice. follows: www.regulations.gov and insert the • Mail/Hand delivery/Courier (for docket number, found in brackets in the written/paper submissions): Division of SUMMARY: The Food and Drug heading of this document, into the Dockets Management (HFA–305), Food Administration (FDA) is announcing the ‘‘Search’’ box and follow the prompts and Drug Administration, 5630 Fishers availability of a draft guidance for and/or go to the Division of Dockets industry (GFI) #238 entitled ‘‘Modified Lane, Rm. 1061, Rockville, MD 20852. • Management, 5630 Fishers Lane, Rm. Release Veterinary Parenteral Dosage For written/paper comments submitted to the Division of Dockets 1061, Rockville, MD 20852. Forms: Development, Evaluation, and Submit written requests for single Establishment of Specifications.’’ This Management, FDA will post your comment, as well as any attachments, copies of the guidance to the Policy and draft guidance provides Regulations Staff (HFV–6), Center for recommendations on the submission of except for information submitted, marked and identified, as confidential, Veterinary Medicine, Food and Drug chemistry, manufacturing, and controls Administration, 7519 Standish Pl., (CMC) and pharmacokinetic if submitted as detailed in ‘‘Instructions.’’ Rockville, MD 20855. Send one self- information, as well as procedures to addressed adhesive label to assist that follow, to support the approval of Instructions: All submissions received must include the Docket No. [FDA– office in processing your requests. See modified release parenteral drug the SUPPLEMENTARY INFORMATION section products intended for use in veterinary 2015–N–4563] for Modified Release Veterinary Parenteral Dosage Forms: for electronic access to the draft species. This draft guidance is guidance document. applicable to both new animal drug Development, Evaluation, and FOR FURTHER INFORMATION CONTACT: applications (NADAs) and abbreviated Establishment of Specifications. Gregory Hunter, Center for Veterinary new animal drug application (ANADAs) Received comments will be placed in Medicine (HFV–142), Food and Drug products. the docket and, except for those submitted as ‘‘Confidential Administration, 7500 Standish Pl., DATES: Although you can comment on Submissions,’’ publicly viewable at Rockville, MD 20855, 240–402–0675, any guidance at any time (see 21 CFR http://www.regulations.gov or at the email: [email protected]. 10.115(g)(5)), to ensure that the Agency Division of Dockets Management SUPPLEMENTARY INFORMATION: considers your comment on this draft between 9 a.m. and 4 p.m., Monday guidance before it begins work on the through Friday. I. Background final version of the guidance, submit • Confidential Submissions—To FDA is announcing the availability of either electronic or written comments submit a comment with confidential draft GFI #238 entitled ‘‘Modified on the draft guidance by March 21, information that you do not wish to be Release Veterinary Parenteral Dosage 2016. made publicly available, submit your Forms: Development, Evaluation, and ADDRESSES: You may submit comments comments only as a written/paper Establishment of Specifications.’’ This as follows: submission. You should submit two draft guidance provides copies total. One copy will include the recommendations on the submission of Electronic Submissions information you claim to be confidential chemistry, manufacturing, and controls Submit electronic comments in the with a heading or cover note that states (CMC) and pharmacokinetic following way: ‘‘THIS DOCUMENT CONTAINS information, as well as procedures to • Federal eRulemaking Portal: http:// CONFIDENTIAL INFORMATION’’. The follow, to support the approval of www.regulations.gov. Follow the Agency will review this copy, including modified release parenteral drug instructions for submitting comments. the claimed confidential information, in products intended for use in veterinary Comments submitted electronically, its consideration of comments. The species. This draft guidance is including attachments, to http:// second copy, which will have the applicable to both new animal drug www.regulations.gov will be posted to claimed confidential information applications (NADAs) and abbreviated the docket unchanged. Because your redacted/blacked out, will be available new animal drug application (ANADAs) comment will be made public, you are for public viewing and posted on products. solely responsible for ensuring that your http://www.regulations.gov. Submit comment does not include any both copies to the Division of Dockets II. Significance of Guidance confidential information that you or a Management. If you do not wish your This level 1 draft guidance is being third party may not wish to be posted, name and contact information to be issued consistent with FDA’s good such as medical information, your or made publicly available, you can guidance practices regulation (21 CFR anyone else’s Social Security number, or provide this information on the cover 10.115). The draft guidance, when confidential business information, such sheet and not in the body of your finalized, will represent the current as a manufacturing process. Please note comments and you must identify this thinking of FDA on ‘‘Modified Release that if you include your name, contact information as ‘‘confidential.’’ Any Veterinary Parenteral Dosage Forms:

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Development, Evaluation, and Agenda: To review and evaluate grant Name of Committee: Center for Scientific Establishment of Specifications.’’ It does applications. Review Special Emphasis Panel; PAR13–213: not establish any rights for any person Place: National Institutes of Health, 6701 Outcome Measures for Use in Treatment and is not binding on FDA or the public. Rockledge Drive, Bethesda, MD 20892, Trials for Individuals with Intellectual and (Virtual Meeting). Developmental Disabilities. You can use an alternative approach if Contact Person: John Bishop, Ph.D., Date: February 11, 2016. it satisfies the requirements of the Scientific Review Officer, Center for Time: 8:00 a.m. to 11:00 p.m. applicable statutes and regulations. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5182, applications. III. Paperwork Reduction Act of 1995 MSC 7844, Bethesda, MD 20892, (301) 408– Place: National Institutes of Health, 6701 This draft guidance refers to 9664, [email protected]. Rockledge Drive, Bethesda, MD 20892, previously approved collections of Name of Committee: Healthcare Delivery (Virtual Meeting). information found in FDA regulations. and Methodologies Integrated Review Group; Contact Person: Jane A. Doussard- These collections of information are Biomedical Computing and Health Roosevelt, Ph.D., Scientific Review Officer, Center for Scientific Review, National subject to review by the Office of Informatics Study Section. Date: February 5, 2016. Institutes of Health, 6701 Rockledge Drive, Management and Budget (OMB) under Room 3184, MSC 7848, Bethesda, MD 20892, the Paperwork Reduction Act of 1995 Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant (301) 435–4445, [email protected]. (44 U.S.C. 3501–3520). The collections applications. Name of Committee: Risk, Prevention and of information in 21 CFR part 514 have Place: Mayflower Park Hotel, 405 Olive Health Behavior Integrated Review Group; been approved under OMB control Way, Seattle, WA 98101. Social Psychology, Personality and number 0910–0032; the collections of Contact Person: Peter J. Kozel, Ph.D., Interpersonal Processes Study Section. information in section 512(n)(1) of the Scientific Review Officer, Center for Date: February 11–12, 2016. FD&C Act (21 U.S.C. 360k) have been Scientific Review, National Institutes of Time: 8:00 a.m. to 5:00 p.m. approved under OMB control number Health, 6701 Rockledge Drive, Room 3139, Agenda: To review and evaluate grant applications. 0910–0669. Bethesda, MD 20892, 301–435–1116, kozelp@ mail.nih.gov. Place: The Westgate Hotel, 1055 Second Avenue, San Diego, CA 92101. IV. Electronic Access Name of Committee: Bioengineering Contact Person: Marc Boulay, Ph.D., Sciences & Technologies Integrated Review Persons with access to the Internet Scientific Review Officer, Center for Group; Instrumentation and Systems may obtain the draft guidance at either Scientific Review, National Institutes of Development Study Section. Health, 6701 Rockledge Drive, Room 3110, http://www.fda.gov/AnimalVeterinary/ Date: February 10–11, 2016. MSC 7808, Bethesda, MD 20892, (301) 300– GuidanceComplianceEnforcement/ Time: 8:00 a.m. to 5:00 p.m. 6541, [email protected]. GuidanceforIndustry/default.htm or Agenda: To review and evaluate grant http://www.regulations.gov. Name of Committee: Center for Scientific applications. Review Special Emphasis Panel; Nursing and Dated: January 13, 2016. Place: Best Western Tuscan Inn, 425 North Related Clinical Sciences Overflow. Point Street, San Francisco, CA 94133. Leslie Kux, Date: February 11–12, 2016. Contact Person: Kathryn Kalasinsky, Ph.D., Associate Commissioner for Policy. Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant [FR Doc. 2016–00822 Filed 1–15–16; 8:45 am] Scientific Review, National Institutes of applications. BILLING CODE 4164–01–P Health, 6701 Rockledge Drive, Room 5158 Place: The St. Regis Washington DC, 923 MSC 7806, Bethesda, MD 20892, 301–402– 16th Street N.W., Washington, DC 20006. 1074, [email protected]. Contact Person: Martha L. Hare, Ph.D., RN, DEPARTMENT OF HEALTH AND Name of Committee: Surgical Sciences, Scientific Review Officer, Center for HUMAN SERVICES Biomedical Imaging and Bioengineering Scientific Review, National Institutes of Integrated Review Group; Surgery, Health, 6701 Rockledge Drive, Room 3154, National Institutes of Health Anesthesiology and Trauma Study Section. Bethesda, MD 20892, (301) 451–8504, Date: February 10–11, 2016. [email protected]. Center for Scientific Review; Notice of Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Closed Meetings Agenda: To review and evaluate grant Review Special Emphasis Panel; PAR13–137: applications. Bioengineering Research. Pursuant to section 10(d) of the Place: Hilton San Diego Mission Valley, Date: February 11, 2016. Federal Advisory Committee Act, as 901 Camino Del Rio South, San Diego, CA Time: 8:00 a.m. to 9:00 a.m. amended (5 U.S.C. App.), notice is 92108. Agenda: To review and evaluate grant hereby given of the following meetings. Contact Person: Weihua Luo, MD, Ph.D., applications. The meetings will be closed to the Scientific Review Officer, Center for Place: Renaissance Washington DC, Scientific Review, National Institutes of Dupont Circle, 1143 New Hampshire Avenue public in accordance with the Health, 6701 Rockledge Drive, Room 5114, provisions set forth in sections N.W., Washington, DC 20037. MSC 7854, Bethesda, MD 20892, (301) 435– Contact Person: Yvonne Bennett, Ph.D., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 1170, [email protected]. Scientific Review Officer, Center for as amended. The grant applications and Name of Committee: Biobehavioral and Scientific Review, National Institutes of the discussions could disclose Behavioral Processes Integrated Review Health, 6701 Rockledge Drive, Room 5199, confidential trade secrets or commercial Group; Motor Function, Speech and MSC 7846, Bethesda, MD 20892, 301–379– property such as patentable material, Rehabilitation Study Section. 3793, [email protected]. and personal information concerning Date: February 11–12, 2016. Name of Committee: Center for Scientific individuals associated with the grant Time: 8:00 a.m. to 6:00 p.m. Review Special Emphasis Panel; applications, the disclosure of which Agenda: To review and evaluate grant Interventions to Prevent and Treat would constitute a clearly unwarranted applications. Addictions. Place: Pier 2620 Hotel, 2620 Jones Street, Date: February 11, 2016. invasion of personal privacy. San Francisco, CA 94133. Time: 11:00 a.m. to 12:00 p.m. Name of Committee: Center for Scientific Contact Person: Biao Tian, Ph.D., Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Member Review Officer, Center for Scientific Review, applications. Conflict: Auditory Neuroscience. National Institutes of Health, 6701 Rockledge Place: Renaissance Mayflower Hotel, 1127 Date: February 2–3, 2016. Drive, Room 3166, MSC 7848, Bethesda, MD Connecticut Avenue N.W., Washington, DC Time: 8:00 a.m. to 6:00 p.m. 20892, 301–402–4411, [email protected]. 20036.

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Contact Person: Weijia Ni, Ph.D., Chief/ Submissions received by NLM after Subject of Challenge Scientific Review Officer, Center for the submission period ends will not be Scientific Review, National Institutes of considered. A submission is considered Unidentified and misidentified Health, 6701 Rockledge Drive, Room 3100, to meet the submission deadline if it is prescription pills present challenges for MSC 7808, Bethesda, MD 20892, (301) 594– patients and professionals. Unidentified 3292, [email protected]. received by May 31, 2016, 5:00 p.m. EDT. While NLM plans to acknowledge pills can be found by family members, (Catalogue of Federal Domestic Assistance receipt of each Challenge submission, health professionals, educators, and law Program Nos. 93.306, Comparative Medicine; enforcement. The nine out of 10 U.S. 93.333, Clinical Research, 93.306, 93.333, the Government is under no obligation to acknowledge receipt of the citizens over age 65 who take more than 93.337, 93.393–93.396, 93.837–93.844, one prescription pill can be prone to 93.846–93.878, 93.892, 93.893, National information received or provide Institutes of Health, HHS) feedback to respondents with respect to misidentifying those pills. Taking such any information submitted. NLM will pills can result in adverse drug events Dated: January 12, 2016. that affect health or cause death. To Natasha M. Copeland, amend this Federal Register notice if the timeline or the rules for the reduce such errors, any person should Program Analyst, Office of Federal Advisory easily be able to confirm that a Committee Policy. Challenge are modified. In addition, NLM will notify registered Challenge prescription pill or a refill is correct. For [FR Doc. 2016–00794 Filed 1–15–16; 8:45 am] participants by email of any example, a person should be able to BILLING CODE 4140–01–P amendments and will include the easily verify—or not—that a refill that modified Challenge showing the has a different color, shape, or text changes. imprinted on the pill is a different DEPARTMENT OF HEALTH AND generic version of equivalent drugs he HUMAN SERVICES ADDRESSES: Notifications of any or she was already taking. amendment to this Federal Register National Institutes of Health To help address these problems, the notice and answers to frequently asked NLM Computational Photography Announcement of Requirements and questions about it will be posted at Project for Pill Identification (C3PI) is Registration for ‘‘Pill Image http://pir.nlm.nih.gov/challenge/ developing infrastructure and tools for Recognition Challenge’’ notifications-and-FAQs. Submissions identifying prescription pills. The must be mailed to: Pill Image infrastructure includes photographs of Authority: 15 U.S.C. 3719 Recognition Challenge, Computational such pills taken under laboratory Photography Project for Pill lighting conditions, from a camera SUMMARY: The Pill Image Recognition Identification (C3PI), National Library of directly above the front and the back Challenge is a National Institutes of Medicine, Building 38A, Room B1–N30, Health (NIH) Challenge under the faces of the pill, and at high resolution. 8600 Rockville Pike, Bethesda, MD Specialized digital macro-photography America COMPETES (Creating 20894. Opportunities to Meaningfully Promote techniques were then used to capture JPEG pill images. The NLM RxIMAGE Excellence in Technology, Education, FOR FURTHER INFORMATION CONTACT: database contains these high-quality and Science) Reauthorization Act of Michael J. Ackerman, Ph.D. at (301) images and associated pill data such as 2010 (Pub. L. 111–358). Through this 402–4100 or [email protected]. Challenge, the National Library of appearance (color, shape, size, text Medicine (NLM), part of NIH, seeks SUPPLEMENTARY INFORMATION: imprinted on the pill, etc.), ingredients, and identifiers such as its National Drug algorithms and software to match The IC’s Statutory Authority To Code (NDC) [http://www.fda.gov/Drugs/ images of prescription oral solid-dose Conduct the Challenge pharmaceutical medications (pills, InformationOnDrugs/ucm142438.htm]. including capsules and tablets). The What has become today’s National RxIMAGE images and data are freely objective of the Challenge is the Library of Medicine began in 1836 as a available. The freely accessible development and discovery of high- small collection of medical books and RxIMAGE API provides text-based quality algorithms and software that journals in the office of the U.S. Army search and retrieval of images and data rank how well consumer images of Surgeon General. A 1956 act of Congress from the RxIMAGE database. By prescription pills match reference (Pub. L. 84–941) transferred the library contributing their algorithm and images of pills in the authoritative NLM to the Public Health Service and gave it software, Challenge participants will RxIMAGE database. NLM may use all or its current name. That law authorizes take part in a broader NLM effort to part of any Challenge entry (i.e., NLM to ‘‘assist the advancement of develop a freely usable software system algorithm and software) to create a medical and related sciences and to aid and a freely accessible API for image- future software system and a future API the dissemination and exchange of based search and retrieval from a mobile (Application Programming Interface) for scientific and other information device. pill image recognition; the system will important to the progress of medicine In a typical scenario for a future NLM be freely usable and the API will be and to the public health’’ and to mobile app, a person will download the freely accessible. ‘‘promote the use of computers and app and use it to photograph a DATES: NLM will make a set of telecommunications by health prescription pill, possibly under poor consumer-quality images and a professionals (including health lighting conditions, from an angle, or at companion set of reference images professionals in rural areas) for the low resolution. The future app will publicly available on January 15, 2016. purpose of improving access to communicate with the future pill image The Challenge begins January 19, biomedical information for health care recognition software system, which may 2016. delivery and medical research.’’ In use all or part of any Challenge entry, Submission period: April 4, 2016 to addition to its subject-matter authority, to compare that photo to reference May 31, 2016. NLM is conducting this competition images in the RxIMAGE database, and Judging period: June 6, 2016 to July under the America COMPETES will return one or more reference images 15, 2016. Reauthorization Act of 2010 (Pub. L. that most likely match the photographed Winners announced: August 1, 2016. 111–358). pill along with their associated pill data.

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NLM provides two directories of (1) To be eligible to win the Challenge willful misconduct, for any injury, images to Challenge participants for use prize, a team— death, damage, or loss of property, in preparing their submissions: a. Shall have registered to participate revenue, or profits, whether direct, • Directory DR contains 2000 JPEG in the Challenge under the rules indirect, or consequential, arising from reference images of 1000 pills. For each promulgated by the NIH as published in participation in this Challenge, whether pill there are two reference images, one this Notice; the injury, death, damage, or loss arises of the front of the pill and one of the b. Shall have complied with all the through negligence or otherwise. back of the pill. These pill images are requirements set forth in this Notice; (5) Based on the subject matter of the the same as in the RxIMAGE database. c. In the case of a private entity, shall Challenge, the type of work that it will • Directory DC contains 5000 JPEG be incorporated in and maintain a possibly require, as well as an analysis consumer-quality images of the same primary place of business in the United of the likelihood of any claims for death, 1000 pills that were photographed for States, and in the case of an individual, bodily injury, property damage, or loss DR. However, they were taken with a whether participating singly or in a potentially resulting from Challenge variety of digital cameras, under various group, shall be a citizen or permanent participation, no individual (whether lighting conditions, and at camera resident of the United States. However, competing singly or in a group) or entity angles not necessarily perpendicular to non-U.S. citizens and non-permanent participating in the Challenge is the faces of the pills. They are akin to residents can participate as a member of required to obtain liability insurance or photos of prescription pills that the a team that otherwise satisfies the demonstrate financial responsibility in general public might take. eligibility criteria. Non-U.S. citizens and order to participate in this Challenge. (6) By participating in this Challenge, For a pill for which there is at least non-permanent residents are not eligible each individual (whether competing one consumer-quality image in DC, DR to win a monetary prize (in whole or in part). Their participation as part of a singly or in a group) and entity agrees has two reference images of that pill, to indemnify the Federal government one of the front of the pill and one of winning team, if applicable, may be recognized when the results are against third party claims for damages the back of the pill. Conversely, for a arising from or related to Challenge pill for which there are two reference announced. d. May not be a Federal entity; activities. images in DR (one of the front of the pill e. May not be a Federal employee (7) An individual or entity shall not and one of the back of the pill), DC has acting within the scope of the be deemed ineligible because the two or more consumer-quality images of employee’s employment and further, in individual or entity used Federal that pill, taken under different the case of HHS employees, may not facilities or consulted with Federal conditions. work on their submission(s) during employees during the Challenge if the DR and DC come with a ‘‘ground truth assigned duty hours. Note: Federal facilities and employees are made table’’ that is a two-column table with available to all individuals and entities _ _ ethical conduct rules may restrict or column headers ref images and cons prohibit Federal employees from participating in the Challenge on an images. Each row of the table gives in engaging in certain outside activities, so equitable basis. the first column the name of a reference any Federal employee seeking to (8) By participating in this Challenge, image and in the second column the participate in this Challenge outside the each individual (whether participating name of a consumer-quality image scope of employment should consult singly or in a group) and entity grants corresponding to that reference image. his/her agency’s ethics official prior to to the NIH, in any existing or inchoate There is a separate row in the table for developing an submission; copyright or patent rights owned by the each (reference image, consumer-quality f. May not be an employee of the NIH, individual or entity, an irrevocable, image) pair, even when multiple a judge of the challenge, or any other paid-up, royalty-free, nonexclusive reference and consumer-quality images party involved with the design, worldwide license to use, reproduce, are all photos of the same pill. production, execution, or distribution of post, link to, share, and display publicly Respondents can use the images in DR the Challenge or the immediate family on the Web the submission, except for and DC, the ground truth table, and the of such a party (i.e., spouse, parent, source code. This license includes RxIMAGE database in developing, step-parent, child, or step-child). without limitation posting or linking to training, and validating their algorithms g. All team members must be at least the submission, except for source code, and software. They can also supplement 18 years old at the time of submission. on the NLM Pill Image Recognition Web these data. (2) Federal grantees may not use site [http://pir.nlm.nih.gov/challenge]. In developing its future software system Rules for Participating in the Challenge Federal funds to develop their Challenge submissions unless use of and future API, NLM may include Teams of one or more members can such funds is consistent with the algorithms and software from Challenge participate in this Challenge. There is purpose of their grant award and entries and may consult with no maximum team size. Each team must specifically requested to do so due to individuals or teams that submitted have a captain. Individual team the Challenge design, and as announced entries. Thus, the license also permits members and team captains must in the Federal Register. NLM to develop the future software register in accordance with the (3) Federal contractors may not use system and the future API, Registration Process for Participants Federal funds from a contract to develop independently or with others, using any below. The role of the team captain is their Challenge submissions or to fund algorithms or software from Challenge to serve as the corresponding efforts in support of their Challenge entries, including those obtained from participant with NLM about the submission. other Challenges or solicitations, and Challenge and to submit the team’s (4) By participating in this Challenge, NLM may freely use, reproduce, modify Challenge entry. While NLM will notify each individual (whether competing and distribute the resulting future all registered Challenge participants by singly or in a group) and entity agrees software system and API without email of any amendments to the to assume any and all risks and waive restriction. NLM may work with Challenge, the team captain is expected claims against the Federal government individuals or teams that submitted to keep the team members informed and its related entities (as defined in the entries to write articles about pill image about matters germane to the Challenge. COMPETES Act), except in the case of recognition and submit them to peer-

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reviewed journals. Each participant will public under an Apache 2.0 License that more than once. The software does not retain all other intellectual property permits the public to benefit from and need to identify pills by name. rights in their submissions, as improve upon the submission. In this 2. Source code for the executable that applicable. case and by mutual agreement, NLM is both human- and machine-readable. (9) NIH reserves the right, in its sole may also post or link to the code from The source code can be written in any discretion, to (a) cancel, suspend, or the Pill Image Recognition Web site. The programming language(s). modify the Challenge through entry must include a description of how 3. A .csv file containing the matrix amendment to this Federal Register and under what license terms it intends MRC (C for Challenge) of ranks that is notice, and/or (b) not award any prizes to make any code that is part of the the output from executing the if no entries are deemed worthy. In entry available to the public. executable using DC and DR as input. In addition, NLM reserves the right to (16) Challenge participants are free to this case MRC is a matrix that has at disqualify any Challenge participants or discuss their submission and the ideas least 5000 rows and has 2000 columns. entries in instances where cheating or and technologies that it contains with For each row i, MRC(i,j) will rank how other misconduct is identified. other parties, except as stated in #7 well reference image j matches (10) Each individual (whether above and are free to contract with any consumer-quality image i, for j = participating singly or in a group) or third parties so long as they do not sign 1,...,2000. If reference image J best entity agrees to follow all applicable any agreement or undertake any matches consumer-quality image I then federal, state, and local laws, obligation that conflicts with any MRC(I,J) = 1, and if reference image K regulations, and policies. agreement that they have entered into, is the worst match to consume-quality (11) Each individual (whether such as with any team members, or do image I then MRC(I,K) = 2000. participating singly or in a group) and enter into regarding their submission for 4. A text file written in English and entity participating in this Challenge the Challenge. For the purpose of containing the algorithm in pseudo-code must comply with all terms and clarity, Challenge participants that the source code implements, and a conditions of these rules, and acknowledge that the intent of the description of how it works and any participation in this Challenge Challenge is to encourage people to tools or packages that it uses. The constitutes each such participant’s full collaborate and share ideas and pseudo-code is to have the complete and unconditional agreement to abide innovations. pipeline from the input directories to a by these rules. Winning is contingent Registration Process for Participants matrix of ranks, and also include any upon fulfilling all requirements herein. code that implements features or does (12) Each individual (whether To participate in this Challenge, team offline training. participating singly or in a group) and captains must register their teams, 5. A one-page text file written in entity grants to NLM and NLM including providing the names and English that contains the following: contractors assisting NLM with C3PI the email addresses of all team members, at a. Title of entry right to review the submission, study http://pir.nlm.nih.gov/challenge/ b. Names and email addresses of the the algorithms and the code, and run the register. Early registration is encouraged team captain and all team members software on other sets of images. in order to be able to receive email c. A five or more character identifier for (13) Submissions must not infringe notifications if this Federal Register the entry that is used as a prefix in the upon any copyright, patent, trade notice is amended to change the names of all of the team’s submitted secrets, or any other rights of any third timeline or the rules of this Challenge. files party. Each individual (whether d. A brief description of the submission participating singly or in a group) or Submission Requirements entity warrants that he/she or the team Participants must provide a complete Amount of the Prize; Award Approving is the sole author and owner of any submission as defined below to be Official copyrightable work that the submission considered for the prize. The Up to five monetary prizes may be comprises, that the submission is submission must be saved to a USB awarded: $25,000 for 1st Place, $15,000 wholly original with the participant or storage device containing a virtual for 2nd Place, $5,000 for 3rd Place, and is an improved version of an existing machine and must be received (not two $2,500 prizes for Honorable work that the participant has sufficient simply post-marked) by NLM by May Mention for a total prize award pool of rights to use and improve. In addition, 31, 2016, 5 p.m. EDT. Submissions must up to $50,000. The names of the the submission must not trigger any be mailed to: Pill Image Recognition winners and the titles of their entries reporting or royalty obligation to any Challenge, Computational Photography will be posted on NLM Web sites. The third party. A submission must not Project for Pill Identification (C3PI), Award Approving Official is the include proprietary, classified, National Library of Medicine, Building Director of the National Library of confidential, or sensitive information. 38A, Room B1–N30, 8600 Rockville Medicine. (14) The submission does not contain Pike, Bethesda, MD 20894. malicious code such as viruses, The Submission is defined to include: Payment of the Prize timebombs, cancelbots, worms, trojan 1. Executable software for ranking Prizes awarded under this Challenge horses, or other potentially harmful how well consumer images of pills will be paid by electronic funds transfer programs or other material or taken by digital cameras match and may be subject to Federal income information. reference images. The software shall be taxes. HHS/NIH will comply with IRS (15) Notwithstanding the above and a batch-mode program or a script whose (U.S. Internal Revenue Service) consistent with the principal objective input consists of a directory of withholding and reporting of the Challenge to make results widely consumer images and a directory of requirements, where applicable. available to the public. If the submitter reference images. The output shall be a distributes their executable code or comma-separated-value (csv) M-by-N Basis Upon Which Winners Will Be source code NLM encourages every matrix MR of ranks that for i = 1,...,M Selected individual and team to distribute their compares consumer image i with NLM will first review submissions to submission’s executable code and reference images j = 1,...,N. For each determine their suitability for judging preferably also its source code to the consumer image, no rank can appear and eligibility to win the prize. An

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eligible submission (a) complies with and image-based search and retrieval. 710, Bethesda, MD 20892, 301–594–5973, the rules in this Federal Register notice, C3PI’s overall goal is to help improve [email protected]. (b) follows the detailed submission the prescription drug information made Name of Committee: National Institute of instructions at http://pir.nlm.nih.gov/ available to health professionals and Nursing Research Initial Review Group. challenge/, (c) is complete (e.g., meets consumers. The NLM ‘‘Pill Image Date: February 18, 2016. the Submission Requirements above), Time: 8:00 a.m. to 6:00 p.m. Recognition Request for Information’’ Agenda: To review and evaluate grant and (d) is confirmed by NLM that the (PIR RFI) (https://www.fbo.gov/ applications. executable is an implementation of the index?s=opportunity& Place: Bethesda Marriott Suites, 6711 submitted source code, can be run on mode=form&id=a1a694718366ea Democracy Boulevard, Bethesda, MD 20817. the submitted virtual machine using 7cbaf8f715047d63e1&tab=core&_ Contact Person: Weiqun Li, MD, Scientific directories DC and DR as input, and the cview=0) was a pilot for this Challenge. Review Officer, National Institute of Nursing output matrix is the same as the The RFI was announced in February Research, National Institutes of Health, 6701 submission’s matrix MRC. 2015 and responses were due in May Democracy Blvd., Ste. 710, Bethesda, MD Eligible submissions will proceed to 2015. RFI responses were used to test, 20892, (301) 594–5966, [email protected]. the judging process, and will be evaluate, and as needed refine the Name of Committee: National Institute of Nursing Research Special Emphasis Panel; evaluated based on how well the components of the Challenge, including submissions can match pill images Palliative and End-of-Life Care Research. its instructions. NLM appreciates the Date: February 24, 2016. across a large number of queries. NLM work done by the parties that responded Time: 8:00 a.m. to 5:00 p.m. has developed evaluation software and to the RFI. Agenda: To review and evaluate grant created directories of images to use in Dated: January 11, 2016. applications. selecting the Challenge winners. For Place: Bethesda Marriott Suites, 6711 example, directories DRJ and DCJ (J for Betsy L. Humphreys, Democracy Boulevard, Bethesda, MD 20817. Judging) contain reference and Acting Director, National Library of Medicine, Contact Person: Tamizchelvi Thyagarajan, consumer-quality images similar to National Institutes of Health. Ph.D., Scientific Review Officer, National those in directories DR and DC provided [FR Doc. 2016–00777 Filed 1–15–16; 8:45 am] Institute of Nursing Research, National Institutes of Health, Bethesda, MD 20892, to potential Challenge participants, and BILLING CODE 4140–01–P 301–594–0343, tamizchelvi.thyagarajan@ the ground truth matrix for judging nih.gov. MGTJ has MGTJ(i,j)=1 if DCJ(i) and (Catalogue of Federal Domestic Assistance DRJ(j) are photos of the same pill, else DEPARTMENT OF HEALTH AND HUMAN SERVICES Program Nos. 93.361, Nursing Research, MGTJ(i,j)=0. The evaluation software National Institutes of Health, HHS) calculates the mean average precision (MAP) for directories and ground truth National Institutes of Health Dated: January 11, 2016. matrix such as DRJ, DRC, and MGTJ. Sylvia Neal, National Institute of Nursing Research; Program Analyst, Office of Federal Advisory Mean average precision is a widely used Notice of Closed Meetings measure for evaluating how well Committee Policy. information retrieval systems (for Pursuant to section 10(d) of the [FR Doc. 2016–00801 Filed 1–15–16; 8:45 am] example, search engines) retrieve results Federal Advisory Committee Act, as BILLING CODE 4140–01–P across a large number of queries. The amended (5 U.S.C. App.), notice is MAP formula and examples of MAP hereby given of the following meetings. calculations for this Challenge are at The meetings will be closed to the DEPARTMENT OF HEALTH AND http://pir.nlm.nih.gov/challenge/MAP_ public in accordance with the HUMAN SERVICES example. provisions set forth in sections National Institutes of Health The eligible submissions will be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., submitted to the evaluation software. as amended. The grant applications and National Institute of Diabetes and The submission with the highest MAP the discussions could disclose Digestive and Kidney Diseases; Notice score will be recommended as the first confidential trade secrets or commercial of Closed Meetings place winner, with the second, third, property such as patentable material, fourth, and fifth best MAPs, respectively and personal information concerning Pursuant to section 10(d) of the being recommended to earn second individuals associated with the grant Federal Advisory Committee Act, as place, third place, and two honorable applications, the disclosure of which amended (5 U.S.C. App.), notice is mentions. In the event of tied scores, the would constitute a clearly unwarranted hereby given of the following meetings. tied submissions will be tested against invasion of personal privacy. The meetings will be closed to the additional DRJ and DCJ directories until public in accordance with the Name of Committee: National Institute of provisions set forth in sections a winner is determined. Dr. Terry Yoo Nursing Research Special Emphasis Panel; will serve as the judge for the MHealth Tools for Underserved Populations. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., competition, thereby overseeing the Date: February 9, 2016. as amended. The grant applications and evaluation software process and being Time: 10:00 a.m. to 1:00 p.m. the discussions could disclose responsible for its proper application. Agenda: To review and evaluate grant confidential trade secrets or commercial applications. property such as patentable material, Additional Information Place: National Institutes of Health, One and personal information concerning The NLM Computational Photography Democracy Plaza, Office of Review, National individuals associated with the grant Project for Pill Identification (C3PI) is a Institute of Nursing Research, National applications, the disclosure of which research and development project in the Institutes of Health, 6701 Democracy would constitute a clearly unwarranted Office of High Performance Computing Boulevard, Suite 710, Bethesda, MD 20892, (Telephone Conference Call). invasion of personal privacy. and Communications (OHPCC) within Contact Person: Mario Rinaudo, MD, Name of Committee: National Institute of the NLM Lister Hill National Center for Scientific Review Officer, One Democracy Diabetes and Digestive and Kidney Diseases Biomedical Communications Plaza, Office of Review, National Institute of Special Emphasis Panel; DDK–D Member (LHNCBC). C3PI computer scientists Nursing Research, National Institutes of Conflict SEP. conduct computer vision R&D in text- Health, 6701 Democracy Boulevard, Suite Date: February 5, 2016.

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Time: 8:00 a.m. to 5:00 p.m. provisions set forth in sections Place: Hilton Garden Inn Durham Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Southpoint, 7007 Fayetteville Road, Durham, applications. as amended. The grant applications and NC 27713. Place: Melrose Hotel, 2430 Pennsylvania the discussions could disclose Contact Person: Janice B. Allen, Ph.D., Ave. NW., Washington, DC 20037. confidential trade secrets or commercial Scientific Review Officer, Scientific Review Contact Person: Xiaodu Guo, MD, Ph.D., Branch, Division of Extramural Research and property such as patentable material, Scientific Review Officer, Review Branch, Training, Nat. Institute of Environmental DEA, NIDDK, National Institutes of Health, and personal information concerning Health Science, P.O. Box 12233, MD EC–30/ Room 761, 6707 Democracy Boulevard, individuals associated with the grant Room 3170 B, Research Triangle Park, NC Bethesda, MD 20892–5452, (301) 594–4719, applications, the disclosure of which 27709, 919/541–7556. [email protected]. would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of invasion of personal privacy. Program Nos. 93.115, Biometry and Risk Diabetes and Digestive and Kidney Diseases Estimation—Health Risks from Special Emphasis Panel; NIDDK–KUH– Name of Committee: National Institute on Environmental Exposures; 93.142, NIEHS Fellowship Review. Aging Special Emphasis Panel; GEMSSTAR. Date: February 5, 2016. Date: February 29, 2016. Hazardous Waste Worker Health and Safety Time: 8:00 a.m. to 2:30 p.m. Time: 8:00 a.m. to 6:00 p.m. Training; 93.143, NIEHS Superfund Agenda: To review and evaluate grant Agenda: To review and evaluate grant Hazardous Substances—Basic Research and applications. applications. Education; 93.894, Resources and Manpower Place: Melrose Hotel, 2430 Pennsylvania Place: Doubletree Hotel Bethesda Development in the Environmental Health Ave. NW., Washington, DC 20037. (Formerly Holiday Inn Select), 8120 Sciences; 93.113, Biological Response to Contact Person: Xiaodu Guo, MD, Ph.D., Wisconsin Avenue, Bethesda, MD 20814. Environmental Health Hazards; 93.114, Scientific Review Officer, Review Branch, Contact Person: Isis S. Mikhail, MD, MPH, Applied Toxicological Research and Testing, DrPH, National Institute on Aging, Gateway DEA, NIDDK, National Institutes Of Health, National Institutes of Health, HHS) Building, 7201 Wisconsin Avenue, Suite Room 761, 6707 Democracy Boulevard, 2C212, Bethesda, MD 20892, 301–402–7704, Bethesda, MD 20892–5452, (301) 594–4719, Dated: January 12, 2016. [email protected]. [email protected]. Carolyn Baum, (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of Program Analyst, Office of Federal Advisory Program Nos. 93.866, Aging Research, Diabetes and Digestive and Kidney Diseases Committee Policy. National Institutes of Health, HHS) Special Emphasis Panel; M4 Review: R24 [FR Doc. 2016–00792 Filed 1–15–16; 8:45 am] Telephone Review. Dated: January 12, 2016. BILLING CODE 4140–01–P Date: February 24, 2016. Melanie J. Gray, Time: 12:00 p.m. to 1:00 p.m. Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, Two [FR Doc. 2016–00802 Filed 1–15–16; 8:45 am] HUMAN SERVICES Democracy Plaza, 6707 Democracy BILLING CODE 4140–01–P Boulevard, Bethesda, MD 20892 (Telephone National Institutes of Health Conference Call). Contact Person: Xiaodu Guo, MD, Ph.D., DEPARTMENT OF HEALTH AND National Institute on Aging; Notice of Scientific Review Officer, Review Branch, HUMAN SERVICES Closed Meeting DEA, NIDDK, National Institutes of Health, Room 761, 6707 Democracy Boulevard, National Institutes of Health Pursuant to section 10(d) of the Bethesda, MD 20892–5452, (301) 594–4719, Federal Advisory Committee Act, as [email protected]. National Institute of Environmental amended (5 U.S.C. App.), notice is (Catalogue of Federal Domestic Assistance Health Sciences; Notice of Closed hereby given of the following meeting. Program Nos. 93.847, Diabetes, Meeting Endocrinology and Metabolic Research; The meeting will be closed to the 93.848, Digestive Diseases and Nutrition Pursuant to section 10(d) of the public in accordance with the Research; 93.849, Kidney Diseases, Urology Federal Advisory Committee Act, as provisions set forth in sections and Hematology Research, National Institutes amended (5 U.S.C. App.), notice is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Health, HHS) hereby given of the following meeting. as amended. The grant applications and Dated: January 12, 2016. The meeting will be closed to the the discussions could disclose David Clary, public in accordance with the confidential trade secrets or commercial Program Analyst, Office of Federal Advisory provisions set forth in sections property such as patentable material, Committee Policy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning [FR Doc. 2016–00798 Filed 1–15–16; 8:45 am] as amended. The grant applications and individuals associated with the grant the discussions could disclose BILLING CODE 4140–01–P applications, the disclosure of which confidential trade secrets or commercial would constitute a clearly unwarranted property such as patentable material, invasion of personal privacy. and personal information concerning DEPARTMENT OF HEALTH AND Name of Committee: National Institute on HUMAN SERVICES individuals associated with the grant Aging Special Emphasis Panel; Pepper applications, the disclosure of which Centers. National Institutes of Health would constitute a clearly unwarranted Date: March 1–2, 2016. invasion of personal privacy. Time: 2:00 p.m. to 2:00 p.m. National Institute on Aging; Notice of Name of Committee: National Institute of Agenda: To review and evaluate grant Closed Meeting Environmental Health Sciences Special applications. Place: Hilton Garden Inn, 7301 Waverly Pursuant to section 10(d) of the Emphasis Panel Worker Training Program Ebola Biosafety and Infectious Disease Street, Bethesda, MD 20814. Federal Advisory Committee Act, as Response Training. Contact Person: Alicja L. Markowska, Ph.D, amended (5 U.S.C. App.), notice is Date: February 9–10, 2016. DSC, Scientific Review Branch, National hereby given of the following meeting. Time: 8:30 a.m. to 1:30 p.m. Institute on Aging, 7201 Wisconsin Avenue, The meeting will be closed to the Agenda: To review and evaluate grant Suite 2C212, Bethesda, MD 20892, 301–496– public in accordance with the applications. 9666 [email protected].

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(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND confidential trade secrets or commercial Program Nos. 93.866, Aging Research, HUMAN SERVICES property such as patentable material, National Institutes of Health, HHS) and personal information concerning National Institutes of Health individuals associated with the grant Dated: January 12, 2016. applications, the disclosure of which Melanie J. Gray, National Institute on Aging; Notice of would constitute a clearly unwarranted Program Analyst, Office of Federal Advisory Closed Meeting invasion of personal privacy. Committee Policy. Pursuant to section 10(d) of the Name of Committee: National Institute on [FR Doc. 2016–00796 Filed 1–15–16; 8:45 am] Federal Advisory Committee Act, as Aging Special Emphasis Panel, Aerobic BILLING CODE 4140–01–P amended (5 U.S.C. App.), notice is Exercise Prevention in Alzheimer’s Disease. hereby given of the following meeting. Date: February 19, 2016. The meeting will be closed to the Time: 12:00 p.m. to 5:00 p.m. DEPARTMENT OF HEALTH AND public in accordance with the Agenda: To review and evaluate grant HUMAN SERVICES provisions set forth in sections applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institute on Aging, National Institutes of Health Gateway Building, Suite 2C212, 7201 as amended. The contract proposals and Wisconsin Avenue, Bethesda, MD 20892, the discussions could disclose (Telephone Conference Call). National Heart, Lung, and Blood confidential trade secrets or commercial Contact Person: Carmen Moten, Ph.D., Institute; Notice of Closed Meeting property such as patentable material, MPH, National Institute on Aging Gateway and personal information concerning Building, 7201 Wisconsin Avenue Suite Pursuant to section 10(d) of the individuals associated with the contract 2C212, Bethesda, MD 20892, 301–402–7703 Federal Advisory Committee Act, as proposals, the disclosure of which [email protected]. amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance hereby given of the following meeting. invasion of personal privacy. Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) The meeting will be closed to the Name of Committee: National Institute on public in accordance with the Aging Special Emphasis Panel, Age- Dated: January 12, 2016. Associated Conditions in a Sardinia provisions set forth in sections Melanie J. Gray, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Population Cohort (SardiNIA). Date: February 26, 2016. Program Analyst, Office of Federal Advisory as amended. The contract proposals and Time: 9:30 a.m. to 11:30 a.m. Committee Policy. the discussions could disclose Agenda: To review and evaluate contract [FR Doc. 2016–00795 Filed 1–15–16; 8:45 am] proposals. confidential trade secrets or commercial BILLING CODE 4140–01–P property such as patentable material, Place: National Institute on Aging, and personal information concerning Gateway Building, Suite 2C212, 7201 individuals associated with the contract Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call). DEPARTMENT OF HEALTH AND proposals, the disclosure of which Contact Person: Carmen Moten, Ph.D., HUMAN SERVICES would constitute a clearly unwarranted Mph, National Institute on Aging, Gateway invasion of personal privacy. Building, 7201 Wisconsin Avenue, Suite National Institutes of Health 2C212, Bethesda, MD 20892, 301–402–7703 Name of Committee: National Heart, Lung, [email protected]. National Institute of Allergy and and Blood Institute Special Emphasis Panel; (Catalogue of Federal Domestic Assistance Infectious Diseases; Notice of Closed Topic 95: Active MRI Transseptal Needle. Program Nos. 93.866, Aging Research, Meetings Date: February 11, 2016. National Institutes of Health, HHS) Time: 1:00 p.m. to 5:00 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate contract Dated: January 12, 2016. Federal Advisory Committee Act, as proposals. Melanie J. Gray, amended (5 U.S.C. App.), notice is Place: National Institutes of Health, 6701 Program Analyst, Office of Federal Advisory hereby given of the following meetings. Rockledge Drive, Room 7178, Bethesda, MD Committee Policy. The meetings will be closed to the 20892. [FR Doc. 2016–00800 Filed 1–15–16; 8:45 am] Contact Person: William J Johnson, Ph.D. public in accordance with the BILLING CODE 4140–01–P Scientific Review Officer, Office of Scientific provisions set forth in sections Review/DERA National Heart, Lung, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Blood Institute, 6701 Rockledge Drive, Room DEPARTMENT OF HEALTH AND the discussions could disclose 7178, Bethesda, MD 20892–7924, 301–435– HUMAN SERVICES 0725 [email protected]. confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance National Institutes of Health property such as patentable material, Program Nos. 93.233, National Center for and personal information concerning Sleep Disorders Research; 93.837, Heart and National Institute on Aging; Notice of individuals associated with the grant Vascular Diseases Research; 93.838, Lung Closed Meeting applications, the disclosure of which Diseases Research; 93.839, Blood Diseases would constitute a clearly unwarranted Pursuant to section 10(d) of the invasion of personal privacy. and Resources Research, National Institutes Federal Advisory Committee Act, as of Health, HHS) amended (5 U.S.C. App.), notice is Name of Committee: National Institute of Allergy and Infectious Diseases Special Dated: January 12, 2016. hereby given of the following meeting. The meeting will be closed to the Emphasis Panel, National Institute of Allergy Michelle Trout, and Infectious Diseases Special Emphasis public in accordance with the Panel (Teleconference). Program Analyst, Office of Federal Advisory provisions set forth in sections Date: February 11, 2016. Committee Policy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 12:30 p.m. to 5:00 p.m. [FR Doc. 2016–00797 Filed 1–15–16; 8:45 am] as amended. The grant applications and Agenda: To review and evaluate grant BILLING CODE 4140–01–P the discussions could disclose applications.

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Place: National Institutes of Health, Room Time: 8:00 a.m. to 5:00 p.m. Place: Nat. Inst. of Environmental Health 3F100, 5601 Fishers Lane, Rockville, MD Agenda: To review and evaluate grant Sciences, Building 101, Rodbell Auditorium, 20892 (Telephone Conference Call). applications. 111 T. W. Alexander Drive, Research Contact Person: Nancy Vazquez- Place: Sheraton Tysons Hotel, Fairfax Triangle Park, NC 27709. Maldonado, Ph.D., Scientific Review Officer, Ballroom A&B, 8661 Leesburg Pike, Tysons, Open: February 24, 2016, 8:30 a.m. to 10:15 Scientific Review Program, Division of VA 22182. Extramural Activities, Room 3F52B, National Contact Person: Carol Lambert, Ph.D., a.m. Institutes of Health/NIAID, 5601 Fishers Acting Deputy Director, Office of Scientific Agenda: Discussion of program policies Lane, MSC 9834, Bethesda, MD 20892–9834, Review, National Center for Advancing and issues (240) 669–5044, [email protected]. Translational Sciences (NCATS), National Place: Nat. Inst. of Environmental Health Name of Committee: National Institute of Institutes of Health, 6701 Democracy Blvd., Sciences, Building 101, Rodbell Auditorium, Allergy and Infectious Diseases Special Democracy 1, Room 1076, Bethesda, MD 111 T. W. Alexander Drive, Research Emphasis Panel, ‘‘NIAID Investigator 20892, 301–435–0814, [email protected]. Triangle Park, NC 27709. Initiated Program Project Applications (Catalogue of Federal Domestic Assistance Closed: February 24, 2016, 10:15 a.m. to (P01).’’ Program Nos. 93.859, Pharmacology, 12:00 p.m. Date: February 12, 2016. Physiology, and Biological Chemistry Agenda: To review and evaluate grant Time: 12:00 p.m. to 5:00 p.m. Research; 93.350, B—Cooperative applications. Agenda: To review and evaluate grant Agreements; 93.859, Biomedical Research applications. and Research Training, National Institutes of Place: Nat. Inst. of Environmental Health Place: National Institutes of Health, 5601 Health, HHS) Sciences, Building 101, Rodbell Auditorium, Fishers Lane, Rockville, MD 20892, 111 T. W. Alexander Drive, Research (Telephone Conference Call). Dated: January 12, 2016. Triangle Park, NC 27709. Contact Person: James T. Snyder, Ph.D., David Clary, Contact Person: Gwen W Collman, Ph.D., Scientific Review Officer, Scientific Review Program Analyst, Office of Federal Advisory Interim Director, Division of Extramural Program, Division of Extramural Activities/ Committee Policy. Research & Training, National Institutes of Room 3G31B, National Institutes of Health, Health, Nat. Inst. of Environmental Health NIAID, 5601 Fishers Lane MSC 9823, [FR Doc. 2016–00799 Filed 1–15–16; 8:45 am] Sciences, 615 Davis Dr. KEY615/3112, Rockville, MD 20892, (240) 669–5060, BILLING CODE 4140–01–P [email protected]. Research Triangle Park, NC 27709 (919) 541– 4980 [email protected]. (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, DEPARTMENT OF HEALTH AND Any interested person may file written and Transplantation Research; 93.856, HUMAN SERVICES comments with the committee by forwarding Microbiology and Infectious Diseases the statement to the Contact Person listed on Research, National Institutes of Health, HHS) National Institutes of Health this notice. The statement should include the name, address, telephone number and when Dated: January 12, 2016. National Institute of Environmental applicable, the business or professional Natasha M. Copeland, Health Sciences; Notice of Meeting affiliation of the interested person. Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Information is also available on the Committee Policy. Federal Advisory Committee Act, as Institute’s/Center’s home page: http:// [FR Doc. 2016–00793 Filed 1–15–16; 8:45 am] amended (5 U.S.C. App.), notice is www.niehs.nih.gov/about/boards/naehsc/ BILLING CODE 4140–01–P hereby given of a meeting of the index.cfm where an agenda and any National Advisory Environmental additional information for the meeting will be posted when available. DEPARTMENT OF HEALTH AND Health Sciences Council. The meeting will be open to the (Catalogue of Federal Domestic Assistance HUMAN SERVICES public as indicated below, with Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from National Institutes of Health attendance limited to space available. Individuals who plan to attend and Environmental Exposures; 93.142, NIEHS National Center for Advancing need special assistance, such as sign Hazardous Waste Worker Health and Safety Translational Sciences; Notice of language interpretation or other Training; 93.143, NIEHS Superfund Closed Meeting reasonable accommodations, should Hazardous Substances—Basic Research and notify the Contact Person listed below Education; 93.894, Resources and Manpower Pursuant to section 10(d) of the in advance of the meeting. Development in the Environmental Health Federal Advisory Committee Act, as The meeting will be closed to the Sciences; 93.113, Biological Response to amended (5 U.S.C. App.), notice is public in accordance with the Environmental Health Hazards; 93.114, hereby given of the following meeting. provisions set forth in sections Applied Toxicological Research and Testing, The meeting will be closed to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health, HHS) public in accordance with the as amended. The grant applications and Dated: January 12, 2016. provisions set forth in sections the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., confidential trade secrets or commercial Carolyn Baum, as amended. The grant applications and property such as patentable material, Program Analyst, Office of Federal Advisory the discussions could disclose and personal information concerning Committee Policy. confidential trade secrets or commercial individuals associated with the grant [FR Doc. 2016–00791 Filed 1–15–16; 8:45 am] property such as patentable material, applications, the disclosure of which BILLING CODE 4140–01–P and personal information concerning would constitute a clearly unwarranted individuals associated with the grant invasion of personal privacy. applications, the disclosure of which would constitute a clearly unwarranted Name of Committee: National Advisory Environmental Health Sciences Council. invasion of personal privacy. Date: February 23–24, 2016. Name of Committee: National Center for Open: February 23, 2016, 8:30 a.m. to 4:30 Advancing Translational Sciences Special p.m. Emphasis Panel, CTSA Review. Agenda: Discussion of program policies Date: February 10–11, 2016. and issues.

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DEPARTMENT OF HOMELAND below. Additionally, the current request for reconsideration of the SECURITY effective FIRM and FIS report for each revised flood hazard information shown community are accessible online on the Preliminary FIRM and FIS report Federal Emergency Management through the FEMA Map Service Center that satisfies the data requirements Agency at www.msc.fema.gov for comparison. outlined in 44 CFR 67.6(b) is considered [Docket ID FEMA–2015–0001; Internal You may submit comments, identified an appeal. Comments unrelated to the Agency Docket No. FEMA–B–1547] by Docket No. FEMA–B–1547, to Luis flood hazard determinations also will be Rodriguez, Chief, Engineering considered before the FIRM and FIS Proposed Flood Hazard Management Branch, Federal Insurance report become effective. Determinations and Mitigation Administration, FEMA, Use of a Scientific Resolution Panel 500 C Street SW., Washington, DC AGENCY: Federal Emergency (SRP) is available to communities in 20472, (202) 646–4064, or (email) Management Agency, DHS. support of the appeal resolution [email protected]. ACTION: Notice. process. SRPs are independent panels of FOR FURTHER INFORMATION CONTACT: Luis experts in hydrology, hydraulics, and SUMMARY: Comments are requested on Rodriguez, Chief, Engineering other pertinent sciences established to proposed flood hazard determinations, Management Branch, Federal Insurance review conflicting scientific and which may include additions or and Mitigation Administration, FEMA, technical data and provide modifications of any Base Flood 500 C Street SW., Washington, DC recommendations for resolution. Use of Elevation (BFE), base flood depth, 20472, (202) 646–4064, or (email) the SRP only may be exercised after Special Flood Hazard Area (SFHA) [email protected]; or visit FEMA and local communities have been boundary or zone designation, or the FEMA Map Information eXchange engaged in a collaborative consultation regulatory floodway on the Flood (FMIX) online at process for at least 60 days without a Insurance Rate Maps (FIRMs), and www.floodmaps.fema.gov/fhm/fmx_ mutually acceptable resolution of an where applicable, in the supporting main.html. appeal. Additional information Flood Insurance Study (FIS) reports for SUPPLEMENTARY INFORMATION: FEMA regarding the SRP process can be found the communities listed in the table proposes to make flood hazard online at http://floodsrp.org/pdfs/srp_ below. The purpose of this notice is to determinations for each community fact_sheet.pdf. seek general information and comment listed below, in accordance with section The watersheds and/or communities regarding the preliminary FIRM, and 110 of the Flood Disaster Protection Act affected are listed in the tables below. where applicable, the FIS report that the of 1973, 42 U.S.C. 4104, and 44 CFR The Preliminary FIRM, and where Federal Emergency Management Agency 67.4(a). (FEMA) has provided to the affected applicable, FIS report for each These proposed flood hazard community are available for inspection communities. The FIRM and FIS report determinations, together with the are the basis of the floodplain at both the online location and the floodplain management criteria required respective Community Map Repository management measures that the by 44 CFR 60.3, are the minimum that community is required either to adopt address listed in the tables. For are required. They should not be communities with multiple ongoing or to show evidence of having in effect construed to mean that the community in order to qualify or remain qualified Preliminary studies, the studies can be must change any existing ordinances for participation in the National Flood identified by the unique project number that are more stringent in their Insurance Program (NFIP). In addition, and Preliminary FIRM date listed in the floodplain management requirements. the FIRM and FIS report, once effective, tables. Additionally, the current The community may at any time enact will be used by insurance agents and effective FIRM and FIS report for each stricter requirements of its own or others to calculate appropriate flood community are accessible online pursuant to policies established by other insurance premium rates for new through the FEMA Map Service Center Federal, State, or regional entities. buildings and the contents of those at www.msc.fema.gov for comparison. These flood hazard determinations are buildings. (Catalog of Federal Domestic Assistance No. used to meet the floodplain 97.022, ‘‘Flood Insurance.’’) DATES: Comments are to be submitted management requirements of the NFIP on or before April 18, 2016. and also are used to calculate the Dated: January 5, 2016. ADDRESSES: The Preliminary FIRM, and appropriate flood insurance premium Roy E. Wright, where applicable, the FIS report for rates for new buildings built after the Deputy Associate Administrator for Insurance each community are available for FIRM and FIS report become effective. and Mitigation, Department of Homeland inspection at both the online location The communities affected by the Security, Federal Emergency Management and the respective Community Map flood hazard determinations are Agency. Repository address listed in the tables provided in the tables below. Any I. Watershed-based studies:

Community Community map repository address

James Headwaters Watershed

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Eddy County, North Dakota, and Incorporated Areas

City of New Rockford ...... City Hall, 117 First Street South, New Rockford, ND 58356. Unincorporated Areas of Eddy County ...... Eddy County Courthouse, 524 Central Avenue, New Rockford, ND 58356.

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Community Community map repository address

Foster County, North Dakota, and Incorporated Areas

Unincorporated Areas of Foster County ...... Foster County Courthouse, 1000 Fifth Street North, Carrington, ND 58421.

Stutsman County, North Dakota, and Incorporated Areas

City of Jamestown ...... City Hall, 102 Third Avenue Southeast, Jamestown, ND 58401. Unincorporated Areas of Stutsman County ...... Stutsman County Courthouse, 511 Second Avenue Southeast, James- town, ND 58401.

II. Non-watershed-based studies:

Community Community map repository address

Chaffee County, Colorado, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 10–08–1058S Preliminary Date: May 14, 2015

City of Salida ...... City Hall, 448 East First Street, Suite 112, Salida, CO 81201. Town of Buena Vista ...... Town Hall, 210 East Main Street, Buena Vista, CO 81211. Town of Poncha Springs ...... Town Hall, 330 Burnett Avenue, Poncha Springs, CO 81242. Unincorporated Areas of Chaffee County ...... Chaffee County Courthouse, 104 Crestone Avenue, Salida, CO 81201.

Pitkin County, Colorado, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata

Project: 10–08–1059S Preliminary Date: June 11, 2015

City of Aspen ...... City Hall, 130 South Galena Street, Aspen, CO 81611. Town of Basalt ...... Town Hall, 101 Midland Avenue, Basalt, CO 81621. Town of Snowmass Village ...... Town Hall, 130 Kearns Road, Snowmass Village, CO 81615. Unincorporated Areas of Pitkin County ...... Pitkin County Courthouse Plaza, 530 East Main Street, Third Floor, Aspen, CO 81611.

[FR Doc. 2016–00870 Filed 1–15–16; 8:45 am] prepared by the Federal Emergency circulation, any person has 90 days in BILLING CODE 9110–12–P Management Agency (FEMA) for each which to request through the community, is appropriate because of community that the Deputy Associate new scientific or technical data. The Administrator for Mitigation reconsider DEPARTMENT OF HOMELAND FIRM, and where applicable, portions of the changes. The flood hazard SECURITY the FIS report, have been revised to determination information may be reflect these flood hazard changed during the 90-day period. Federal Emergency Management determinations through issuance of a ADDRESSES: Agency The affected communities Letter of Map Revision (LOMR), in are listed in the table below. Revised [Docket ID FEMA–2015–0001; Internal accordance with Title 44, Part 65 of the flood hazard information for each Agency Docket No. FEMA–B–1555] Code of Federal Regulations (44 CFR community is available for inspection at part 65). The LOMR will be used by both the online location and the Changes in Flood Hazard insurance agents and others to calculate respective community map repository Determinations appropriate flood insurance premium address listed in the table below. rates for new buildings and the contents Additionally, the current effective FIRM AGENCY: Federal Emergency of those buildings. For rating purposes, Management Agency, DHS. and FIS report for each community are the currently effective community accessible online through the FEMA ACTION: Notice. number is shown in the table below and Map Service Center at must be used for all new policies and www.msc.fema.gov for comparison. SUMMARY: This notice lists communities renewals. where the addition or modification of Submit comments and/or appeals to Base Flood Elevations (BFEs), base flood DATES: These flood hazard the Chief Executive Officer of the depths, Special Flood Hazard Area determinations will become effective on community as listed in the table below. (SFHA) boundaries or zone the dates listed in the table below and FOR FURTHER INFORMATION CONTACT: Luis designations, or the regulatory floodway revise the FIRM panels and FIS report Rodriguez, Chief, Engineering (hereinafter referred to as flood hazard in effect prior to this determination for Management Branch, Federal Insurance determinations), as shown on the Flood the listed communities. and Mitigation Administration, FEMA, Insurance Rate Maps (FIRMs), and From the date of the second 500 C Street SW., Washington, DC where applicable, in the supporting publication of notification of these 20472, (202) 646–4064, or (email) Flood Insurance Study (FIS) reports, changes in a newspaper of local [email protected]; or visit

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the FEMA Map Information eXchange Flood Insurance Act of 1968, 42 U.S.C. flood hazard determinations are in (FMIX) online at 4001 et seq., and with 44 CFR part 65. accordance with 44 CFR 65.4. _ www.floodmaps.fema.gov/fhm/fmx The FIRM and FIS report are the basis The affected communities are listed in main.html. of the floodplain management measures the following table. Flood hazard that the community is required either to determination information for each SUPPLEMENTARY INFORMATION: The adopt or to show evidence of having in community is available for inspection at specific flood hazard determinations are effect in order to qualify or remain both the online location and the not described for each community in qualified for participation in the respective community map repository National Flood Insurance Program this notice. However, the online address listed in the table below. (NFIP). location and local community map Additionally, the current effective FIRM repository address where the flood These flood hazard determinations, together with the floodplain and FIS report for each community are hazard determination information is accessible online through the FEMA available for inspection is provided. management criteria required by 44 CFR 60.3, are the minimum that are required. Map Service Center at Any request for reconsideration of They should not be construed to mean www.msc.fema.gov for comparison. flood hazard determinations must be that the community must change any (Catalog of Federal Domestic Assistance No. submitted to the Chief Executive Officer existing ordinances that are more 97.022, ‘‘Flood Insurance.’’) of the community as listed in the table stringent in their floodplain Dated: January 5, 2016. below. management requirements. The Roy E. Wright, The modifications are made pursuant community may at any time enact Deputy Associate Administrator for Insurance to section 201 of the Flood Disaster stricter requirements of its own or and Mitigation, Department of Homeland Protection Act of 1973, 42 U.S.C. 4105, pursuant to policies established by other Security, Federal Emergency Management and are in accordance with the National Federal, State, or regional entities. The Agency.

Location and State and county case Chief executive Community map Online location of Effective date Community No. officer of community repository letter of map revision of modification No.

Arkansas: Benton ...... City of Rogers The Honorable Greg Planning Department, 301 http://www.msc.fema.gov/lomc Mar. 9, 2016 ...... 050013 (15–06–2115P). Hines, Mayor, City of West Chestnut Street, Rogers, 301 West Rogers, AR 72756. Chestnut Street, Rog- ers, AR 72756. Benton ...... Unincorporated The Honorable Robert D. Benton County Planning http://www.msc.fema.gov/lomc Feb. 18, 2016 .... 050419 areas of Ben- Clinard, Benton County Department, 905 North- ton County Judge, 215 East Cen- west 8th Street, (15–06–2411P). tral Avenue, Bentonville, AR 72712. Bentonville, AR 72712. Van Buren ...... City of Clinton The Honorable Richard City Hall, 342 Main Street, http://www.msc.fema.gov/lomc Mar. 4, 2016 ...... 050211 (15-06-3659P). McCormac, Mayor, City Clinton, AR 72031. of Clinton, P.O. Box 970, Clinton, AR 72031. Van Buren ...... Unincorporated The Honorable Roger Van Buren County Clerk’s http://www.msc.fema.gov/lomc Mar. 4, 2016 ...... 050566 areas of Van Hooper, Van Buren Office, 1414 Highway Buren County County Judge, P.O. 65 South, Clinton, AR (15-06-3659P). Box 60, Clinton, AR 72031. 72031. Colorado: Adams ...... City of Com- The Honorable Sean City Hall, 7887 East 60th http://www.msc.fema.gov/lomc Mar. 16, 2016 .... 080006 merce City Ford, Mayor, City of Avenue, Commerce (15-08-0897P). Commerce City, 7887 City, CO 80022. East 60th Avenue, Commerce City, CO 80022. Douglas ...... Town of Castle The Honorable Paul Utilities Department, 175 http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 080050 Rock Donahue, Mayor, Town Kellogg Court, Castle (16-08-0036P). of Castle Rock, 100 Rock, CO 80109. North Wilcox Street, Castle Rock, CO 80104. Douglas ...... Unincorporated The Honorable Jill Douglas County Public http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 080049 areas of Doug- Repella, Chair, Douglas Works Department, 100 las County County Board of Com- 3rd Street, Castle Rock, (16-08-0036P). missioners, 100 3rd CO 80104. Street, Castle Rock, CO 80104. El Paso ...... City of Colorado The Honorable John City Hall, 30 South Ne- http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 080060 Springs Suthers, Mayor, City of vada Avenue, Colorado (15-08-0401P). Colorado Springs, 30 Springs, CO 80901. South Nevada Avenue, Suite 601, Colorado Springs, CO 80901. Jefferson ...... City of Lakewood The Honorable Bob Mur- Public Works Department, http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 085075 (15-08-1099P). phy, Mayor, City of Civic Center North, 480 Lakewood, Civic Center South Allison Parkway, South, 480 South Alli- Lakewood, CO 80226. son Parkway, Lake- wood, CO 80226. Florida:

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Location and State and county case Chief executive Community map Online location of Effective date Community No. officer of community repository letter of map revision of modification No.

Alachua ...... City of Gaines- The Honorable Ed Public Works Department, http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 125107 ville Braddy, Mayor, City of 405 Northwest 39th Av- (15-04-1786P). Gainesville, P.O. Box enue, Gainesville, FL 490, Station 19, 32601. Gainesville, FL 32627. Broward ...... City of Pompano The Honorable Lamar Building Department, 100 http://www.msc.fema.gov/lomc Mar. 9, 2016 ...... 120055 Beach Fisher, Mayor, City of West Atlantic Boule- (15-04-7602P). Pompano Beach, 100 vard, Pompano Beach, West Atlantic Boule- FL 33060. vard, Pompano Beach, FL 33060. Manatee ...... Town of The Honorable Jack Dun- Town Hall, 501 Bay Isles http://www.msc.fema.gov/lomc Mar. 2, 2016 ...... 125126 Longboat Key can, Mayor, Town of Road, Longboat Key, (15-04-6557P). Longboat Key, 501 Bay FL 34228. Isles Road, Longboat Key, FL 34228. Monroe ...... City of Marathon The Honorable Chris Bull, Planning Department, http://www.msc.fema.gov/lomc Mar. 3, 2016 ...... 120681 (15-04-9118P). Mayor, City of Mara- 9805 Overseas High- thon, 9805 Overseas way, Marathon, FL Highway, Marathon, FL 33050. 33050. Monroe ...... Unincorporated The Honorable Danny Monroe County Building http://www.msc.fema.gov/lomc Mar. 3, 2016 ...... 125129 areas of Mon- Kolhage, Mayor, Mon- Department, 2798 roe County roe County Board of Overseas Highway, (15-04-9119P). Commissioners, 530 Suite 300, Marathon, Whitehead Street, Suite FL 33050. 102, Key West, FL 33040. Orange ...... City of Orlando The Honorable Buddy W. Public Works Department, http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 120186 (15-04-7419P). Dyer, Mayor, City of Or- 400 South Orange Ave- lando, P.O. Box 4990, nue, 8th Floor, Orlando, Orlando, FL 32802. FL 32801. Orange ...... Unincorporated The Honorable Teresa Ja- Orange County http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 120179 areas of Or- cobs, Mayor, Orange Stormwater Manage- ange County County, 201 South Ros- ment Division, 4200 (15-04-7419P). alind Avenue, 5th Floor, South John Young Orlando, FL 32801. Parkway, Orlando, FL 32839. St. Johns ...... Unincorporated The Honorable Rachael L. St. Johns County Trans- http://www.msc.fema.gov/lomc Mar. 8, 2016 ...... 125147 areas of St. Bennett, Chair, St. portation Development Johns County Johns County Board of Division, 4040 Lewis (15-04-7215P). Commissioners, 500 Speedway, St. Augus- San Sebastian View, tine, FL 32084. St. Augustine, FL 32084. Georgia: Barrow ...... Unincorporated The Honorable Pat Gra- Barrow County Geo- http://www.msc.fema.gov/lomc Mar. 14, 2016 .... 130497 areas of Bar- ham, Chairman, Barrow graphic Information row County County Board of Com- System Division, 233 (15-04-9030P). missioners, 30 North East Broad Street, Broad Street, Winder, Winder, GA 30680. GA 30680. Kentucky: Fayette ...... Lexington-Fay- The Honorable Jim Gray, Engineering Division, 101 http://www.msc.fema.gov/lomc Mar. 3, 2016 ...... 210067 ette Urban Mayor, Lexington-Fay- East Vine Street, 4th County Gov- ette Urban County Gov- Floor, Lexington, KY ernment ernment, 200 East Main 40507. (15-04-0907P). Street, Lexington, KY 40507. Maryland: Carroll ...... Town of Mount The Honorable Patrick T. Town Hall, 110 South http://www.msc.fema.gov/lomc Mar. 11, 2016 .... 240200 Airy Rockinberg, Mayor, Main Street, Mount (15-03-2575P). Town of Mount Airy, Airy, MD 21771. P.O. Box 50, Mount Airy, MD 21771. Carroll ...... Town of The Honorable Ian Shaw, Town Hall, 7547 Main http://www.msc.fema.gov/lomc Mar. 11, 2016 .... 240016 Sykesville Mayor, Town of Street, Sykesville, MD (15-03-2575P). Sykesville, 7547 Main 21784. Street, Sykesville, MD 21784. Carroll ...... Unincorporated The Honorable J. Douglas Carroll County Office http://www.msc.fema.gov/lomc Mar. 11, 2016 .... 240015 areas of Car- Howard, President, Car- Building, 225 North roll County roll County Board of Center Street, West- (15-03-2575P). Commissioners, 225 minster, MD 21157. North Center Street, Westminster, MD 21157. New York:

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Location and State and county case Chief executive Community map Online location of Effective date Community No. officer of community repository letter of map revision of modification No.

Rockland ...... Town of The Honorable Alexander Town Hall, 10 Maple Ave- http://www.msc.fema.gov/lomc Apr. 19, 2016 ..... 360679 Clarkstown J. Gromack, Supervisor, nue, New City, NY (15-02-0462P). Town of Clarkstown, 10 10956. Maple Avenue, New City, NY 10956. North Carolina: Forsyth ...... Village of The Honorable Nickolas Village Hall, 3715 http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 370531 Clemmons Nelson, Mayor, Village Clemmons Road, (15–04–7692P). of Clemmons, 3715 Clemmons, NC 27012. Clemmons Road, Clemmons, NC 27012. Forsyth ...... City of Winston- The Honorable Allen Inspections Department, http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 375360 Salem (15–04– Joines, Mayor, City of 100 East 1st Street, 7692P). Winston-Salem, P.O. Suite 328, Winston- Box 2511, Winston- Salem, NC 27101. Salem, NC 27102. Forsyth ...... Unincorporated The Honorable David R. Forsyth County Planning http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 375349 areas of Plyler, Chairman, Board Office, 100 East Forsyth County Forsyth County Board 1st Street, Winston- (15–04–7692P). of Commissioners, 201 Salem, NC 27101. North Chestnut Street, Winston-Salem, NC 27101. Pennsylvania: Bradford ...... Borough of The Honorable Paul Municipal Building, 724 http://www.msc.fema.gov/lomc Feb. 25, 2016 .... 420178 Towanda Sweitzer, President, Main Street, Towanda, (14-03-3276P). Borough of Towanda PA 18848. Council, 724 Main Street, Towanda, PA 18848. Lycoming ...... Borough of South The Honorable David J. Borough Hall, 329 West http://www.msc.fema.gov/lomc Mar. 11, 2016 .... 420658 Williamsport Lechniak, Mayor, Bor- Southern Avenue, (15-03-2159P). ough of South Williams- South Williamsport, PA port, 329 West South- 17702. ern Avenue, South Wil- liamsport, PA 17702. South Carolina: Charleston ...... City of Folly The Honorable Tim Good- Building Services and Fa- http://www.msc.fema.gov/lomc Mar. 3, 2016 ...... 455415 Beach win, Mayor, City of Folly cilities Management De- (15-04-5698P). Beach, 21 Center partment, 21 Center Street, 2nd Floor, Folly Street, Folly Beach, SC Beach, SC 29439. 29439. Charleston ...... Unincorporated The Honorable J. Elliot Charleston County Build- http://www.msc.fema.gov/lomc Mar. 3, 2016 ...... 455413 areas of Summey, Chairman, ing Inspection Services Charleston Charleston County Department, 4045 County Board of Commis- Bridge View Drive, (15-04-5698P). sioners, District 3, 4045 Suite A–113, North Bridgeview Drive, Suite Charleston, SC 29405. B254, North Charleston, SC 29405. Charleston ...... Town of Mount The Honorable Linda Planning and Develop- http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 455417 Pleasant Page, Mayor, Town of ment Department, 100 (15-04-9379P). Mount Pleasant, 100 Ann Edwards Lane, Ann Edwards Lane, Mount Pleasant, SC Mount Pleasant, SC 29464. 29464. South Dakota: Lawrence ...... City of Spearfish The Honorable Dana City Hall, 625 5th Street, http://www.msc.fema.gov/lomc Mar. 2, 2016 ...... 460046 (15-08-1218P). Boke, Mayor, City of Spearfish, SD 57783. Spearfish, 625 5th Street, Spearfish, SD 57783. Tennessee: Maury ...... City of Spring Hill The Honorable Rick Gra- Building Codes and In- http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 470278 (15-04-6306P). ham, Mayor, City of spection Department, Spring Hill, 199 Town 199 Town Center Park- Center Parkway, Spring way, Spring Hill, TN Hill, TN 37174. 37174. Texas: Bexar ...... City of San Anto- The Honorable Ivy R. Transportation and Cap- http://www.msc.fema.gov/lomc Mar. 9, 2016 ...... 480045 nio Taylor, Mayor, City of ital Improvements De- (15-06-1357P). San Antonio, P.O. Box partment, 1901 South 839966, San Antonio, Alamo Street, 2nd TX 78283. Floor, San Antonio, TX 78204.

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Location and State and county case Chief executive Community map Online location of Effective date Community No. officer of community repository letter of map revision of modification No.

Bexar ...... Unincorporated The Honorable Nelson W. Bexar County Public http://www.msc.fema.gov/lomc Mar. 9, 2016 ...... 480035 areas of Bexar Wolff, Bexar County Works Department, 233 County Judge, Paul Elizondo North Pecos-La Trini- (15-06-1355P). Tower, 101 West dad Street, Suite 420, Nueva Street, 10th San Antonio, TX 78207. Floor, San Antonio, TX 78205. Bexar ...... Unincorporated The Honorable Nelson W. Bexar County Public http://www.msc.fema.gov/lomc Mar. 9, 2016 ...... 480035 areas of Bexar Wolff, Bexar County Works Department, 233 County Judge, Paul Elizondo North Pecos-La Trini- (15-06-1357P). Tower, 101 West dad Street, Suite 420, Nueva Street, 10th San Antonio, TX 78207. Floor, San Antonio, TX 78205. Brazoria and Harris City of Pearland The Honorable Tom Reid, Engineering Division, http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 480077 (15-06-2038P). Mayor, City of 3519 Liberty Drive, Pearland, 3519 Liberty Pearland, TX 77581. Drive, Pearland, TX 77581. El Paso ...... Unincorporated The Honorable Veronica El Paso County Adminis- http://www.msc.fema.gov/lomc Mar. 7, 2016 ...... 480212 areas of El Escobar, El Paso Coun- trative Offices, 800 East Paso County ty Judge, 500 East San Overland, Suite 407, El (15-06-0888P). Antonio Street, Suite Paso, TX 79901. 301, El Paso, TX 79901. Midland ...... City of Midland The Honorable Jerry Mo- City Hall, 300 North Lo- http://www.msc.fema.gov/lomc Feb 3, 2016 ...... 480477 (15-06-2420P). rales, Mayor, City of raine Street, Midland, Midland, 300 North Lo- TX 79701. raine Street, Midland, TX 79701. Parker ...... City of Aledo The Honorable Kit Mar- City Hall, 200 Old Annetta http://www.msc.fema.gov/lomc Feb 25, 2016 ..... 481659 (15-06-1513P). shall, Mayor, City of Road, Aledo, TX 76008. Aledo, P.O. Box 1, Aledo, TX 76008. Parker ...... Unincorporated The Honorable Mark Parker County Emergency http://www.msc.fema.gov/lomc Feb 25, 2016 ..... 480520 areas of Riley, Parker County Management Depart- Parker County Judge, 1 Courthouse ment, 215 Trinity Street, (15–06–1513P). Square, Weatherford, Weatherford, TX 76086. TX 76086. Virginia: Fairfax ...... Unincorporated The Honorable Edward L. Fairfax County Planning http://www.msc.fema.gov/lomc Mar. 2, 2016 ...... 515525 areas of Fair- Long, Jr., Fairfax Coun- and Zoning Depart- fax County ty Executive, 12000 ment, 12000 Govern- (15-03-1477P). Government Center ment Center Parkway, Parkway, Fairfax, VA Fairfax, VA 22035. 22035. Independent City ... City of Virginia The Honorable William D. Department of Public http://www.msc.fema.gov/lomc Feb 29, 2016 ..... 515531 Beach Sessoms, Jr., Mayor, Works, 2405 Court- (15-03-0388P). City of Virginia Beach, house Drive, Virginia 2401 Courthouse Drive, Beach, VA 23456. Virginia Beach, VA 23456. Loudoun ...... Unincorporated The Honorable Scott K. Loudoun County Planning http://www.msc.fema.gov/lomc Mar. 17, 2016 .... 510090 areas of York, Chairman at and Zoning Depart- Loudoun Large, Loudoun County ment, P.O. Box 7000, County Board of Supervisors, Mailstop #62, Leesburg, (15-03-2037P). P.O. Box 7000, VA 20177. Mailstop #01, Leesburg, VA 20177.

[FR Doc. 2016–00861 Filed 1–15–16; 8:45 am] ACTION: Notice. regarding the preliminary FIRM, and BILLING CODE 9110–12–P where applicable, the FIS report that the SUMMARY: Comments are requested on Federal Emergency Management Agency proposed flood hazard determinations, (FEMA) has provided to the affected DEPARTMENT OF HOMELAND which may include additions or communities. The FIRM and FIS report SECURITY modifications of any Base Flood are the basis of the floodplain Elevation (BFE), base flood depth, management measures that the Federal Emergency Management community is required either to adopt Agency Special Flood Hazard Area (SFHA) boundary or zone designation, or or to show evidence of having in effect [Docket ID FEMA–2015–0001; Internal regulatory floodway on the Flood in order to qualify or remain qualified Agency Docket No. FEMA–B–1548] Insurance Rate Maps (FIRMs), and for participation in the National Flood where applicable, in the supporting Insurance Program (NFIP). In addition, Proposed Flood Hazard Flood Insurance Study (FIS) reports for the FIRM and FIS report, once effective, Determinations the communities listed in the table will be used by insurance agents and AGENCY: Federal Emergency below. The purpose of this notice is to others to calculate appropriate flood Management Agency, DHS. seek general information and comment insurance premium rates for new

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buildings and the contents of those 110 of the Flood Disaster Protection Act other pertinent sciences established to buildings. of 1973, 42 U.S.C. 4104, and 44 CFR review conflicting scientific and 67.4(a). technical data and provide DATES: Comments are to be submitted These proposed flood hazard recommendations for resolution. Use of on or before April 18, 2016. determinations, together with the the SRP only may be exercised after ADDRESSES: The Preliminary FIRM, and floodplain management criteria required FEMA and local communities have been where applicable, the FIS report for by 44 CFR 60.3, are the minimum that engaged in a collaborative consultation each community are available for are required. They should not be process for at least 60 days without a inspection at both the online location construed to mean that the community mutually acceptable resolution of an and the respective Community Map must change any existing ordinances appeal. Additional information Repository address listed in the tables that are more stringent in their regarding the SRP process can be found below. Additionally, the current floodplain management requirements. online at http://floodsrp.org/pdfs/srp_ effective FIRM and FIS report for each The community may at any time enact fact_sheet.pdf. community are accessible online stricter requirements of its own or The watersheds and/or communities through the FEMA Map Service Center pursuant to policies established by other affected are listed in the tables below. at www.msc.fema.gov for comparison. Federal, State, or regional entities. The Preliminary FIRM, and where You may submit comments, identified These flood hazard determinations are applicable, FIS report for each by Docket No. FEMA–B–1548, to Luis used to meet the floodplain community are available for inspection Rodriguez, Chief, Engineering management requirements of the NFIP at both the online location and the Management Branch, Federal Insurance and also are used to calculate the respective Community Map Repository and Mitigation Administration, FEMA, appropriate flood insurance premium address listed in the tables. For rates for new buildings built after the 500 C Street SW., Washington, DC communities with multiple ongoing FIRM and FIS report become effective. 20472, (202) 646–4064, or (email) Preliminary studies, the studies can be The communities affected by the [email protected]. identified by the unique project number FOR FURTHER INFORMATION CONTACT: Luis flood hazard determinations are provided in the tables below. Any and Preliminary FIRM date listed in the Rodriguez, Chief, Engineering tables. Additionally, the current Management Branch, Federal Insurance request for reconsideration of the revised flood hazard information shown effective FIRM and FIS report for each and Mitigation Administration, FEMA, community are accessible online 500 C Street SW., Washington, DC on the Preliminary FIRM and FIS report that satisfies the data requirements through the FEMA Map Service Center 20472, (202) 646–4064, or (email) at www.msc.fema.gov for comparison. [email protected]; or visit outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the (Catalog of Federal Domestic Assistance the FEMA Map Information eXchange No. 97.022, ‘‘Flood Insurance.’’) flood hazard determinations also will be (FMIX) online at considered before the FIRM and FIS Dated: December 14, 2015. www.floodmaps.fema.gov/fhm/fmx_ report become effective. Roy E. Wright, main.html. Use of a Scientific Resolution Panel Deputy Associate Administrator for Insurance SUPPLEMENTARY INFORMATION: FEMA (SRP) is available to communities in and Mitigation, Department of Homeland proposes to make flood hazard support of the appeal resolution Security, Federal Emergency Management determinations for each community process. SRPs are independent panels of Agency. listed below, in accordance with section experts in hydrology, hydraulics, and I. Non-watershed-based studies:

Community Community map repository address

Carroll County, Iowa, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 15–07–0901S Preliminary Date: June 8, 2015

City of Arcadia ...... City Hall, 205 West Front Street, Arcadia, IA 51430. City of Carroll ...... City Hall, 112 East 5th Street, Carroll, IA 51401. City of Coon Rapids ...... City Hall, 123 3rd Avenue, Coon Rapids, IA 50058. City of Dedham ...... City Hall, 210 Main Street, Dedham, IA 51440. City of Glidden ...... City Hall, 108 Idaho Street, Glidden, IA 51443. City of Halbur ...... City Hall, 238 West 2nd Street, Halbur, IA 51444. City of Lanesboro ...... City Hall, 210 East Main Street, Lanesboro, IA 51451. City of Manning ...... City Hall, 717 3rd Street, Manning, IA 51455. Unincorporated Areas of Carroll County ...... Carroll County Building, 114 East 6th Street, Carroll, IA 51401.

Page County, Iowa, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 15–07–0891S Preliminary Date: June 8, 2015

City of Blanchard ...... City Hall, 104 Main Street, Blanchard, IA 51630. City of Braddyville ...... City Hall, 208 East Main Street, Braddyville, IA 51631. City of Clarinda ...... City Hall, 200 South 15th Street, Clarinda, IA 51632. City of Coin ...... City Hall, 506 Depot Street, Coin, IA 51636. City of Essex ...... City Hall, 412 Iowa Avenue, Essex, IA 51638. City of Hepburn ...... Hepburn City Office, 501 Railroad Street, Clarinda, IA 51632. City of Northboro ...... Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632. City of Shambaugh ...... City Hall, 307 Main Street, Shambaugh, IA 51651. City of Shenandoah ...... City Hall, 500 West Clarinda Avenue, Shenandoah, IA 51601.

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Community Community map repository address

City of Yorktown ...... Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632. Unincorporated Areas of Page County ...... Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632.

Polk County, Iowa and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 12–07–0956S Preliminary Date: June 17, 2015

City of Alleman ...... City Hall, 14000 Northeast 6th Street, Alleman, IA 50007. City of Altoona ...... City Hall, 407 8th Street Southeast, Altoona, IA 50009. City of Ankeny ...... City Hall, 410 West 1st Street, Ankeny, IA 50023. City of Bondurant ...... City Hall, 200 2nd Street Northeast, Bondurant, IA 50035. City of Clive ...... City Hall, 1900 Northwest 114th Street, Clive, IA 50325. City of Des Moines ...... City Hall, 400 Robert D. Ray Drive, Des Moines, IA 50309. City of Grimes ...... City Hall, 101 Northeast Harvey Street, Grimes, IA 50111. City of Johnston ...... City Hall, 6221 Merle Hay Road, Johnston, IA 50131. City of Mitchellville ...... City Hall, 204 Center Avenue North, Mitchellville, IA 50169. City of Pleasant Hill ...... City Hall, 5160 Maple Drive, Pleasant Hill, IA 50327. City of Polk City ...... City Hall, 112 3rd Street, Polk City, IA 50226. City of Runnells ...... City Hall, 110 Brown Street, Runnells, IA 50237. City of Urbandale ...... City Hall, 3600 86th Street, Urbandale, IA 50322. City of West Des Moines ...... City Hall, 4200 Mills Civic Parkway, West Des Moines, IA 50265. City of Windsor Heights ...... City Hall, 1145 66th Street, Suite 1, Windsor Heights, IA 50324. Unincorporated Areas of Polk County ...... Polk County Public Works, 5885 Northeast 14th Street, Des Moines, IA 50313.

Union County, Iowa, and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 15–07–0894S Preliminary Date: June 8, 2015

City of Creston ...... City Hall, 116 West Adams Street, Creston, IA 50801. City of Cromwell ...... City Hall, 907 Broadway Street, Cromwell, IA 50842. City of Shannon City ...... City Hall, 302 Union Street, Shannon City, IA 50861. Unincorporated Areas of Union County ...... Union County Emergency Management Agency, Alliant Energy Build- ing, 208 West Taylor Street, Creston, IA 50801.

Polk County, Minnesota and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 10–05–2050S Preliminary Date: July 1, 2014

City of Beltrami ...... 514 Polk Avenue, Beltrami, MN 56517. City of Climax ...... Climax City Hall, 102 West Broadway Street, Climax, MN 56523. City of Crookston ...... Crookston City Hall, 124 North Broadway, Crookston, MN 56716. City of East Grand Forks ...... East Grand Forks City Hall, 600 DeMers Avenue, East Grand Forks, MN 56721. City of Fertile ...... Fertile City Hall, 101 South Mill Street, Fertile, MN 56540. City of Fisher ...... Fisher City Office, 313 Park Avenue, Suite 111, Fisher, MN 56723. City of Fosston ...... Fosston City Hall, 220 East First Street, Fosston, MN 56542. City of Mcintosh ...... McIntosh City Hall, 115 Broadway, Northwest, McIntosh, MN 56556. City of Mentor ...... Mentor City Hall, 202 Garfield Avenue, North Mentor, MN 56736. City of Nielsville ...... Nielsville City Hall, 36943 440th Street, Southwest, Nielsville, MN 56568. City of Winger ...... Winger City Hall, 10 East Minnesota Avenue, Winger, MN 56592. Unincorporated Areas of Polk County ...... Polk County Government Center, 612 North Broadway, Room 225, Crookston, MN 56716.

Roseau County, Minnesota and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 07–05–0462S Preliminary Date: August 31, 2015

City of Badger ...... 111 North Main Street, Badger, MN 56714.

[FR Doc. 2016–00772 Filed 1–15–16; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Luis qualified for participation in the SECURITY Rodriguez, Chief, Engineering National Flood Insurance Program Management Branch, Federal Insurance (NFIP). Federal Emergency Management and Mitigation Administration, FEMA, This new or modified flood hazard Agency 500 C Street SW., Washington, DC information, together with the [Docket ID FEMA–2015–0001] 20472, (202) 646–4064, or (email) floodplain management criteria required [email protected]; or visit by 44 CFR 60.3, are the minimum that Changes in Flood Hazard the FEMA Map Information eXchange are required. They should not be Determinations (FMIX) online at construed to mean that the community _ www.floodmaps.fema.gov/fhm/fmx must change any existing ordinances AGENCY: Federal Emergency main.html. Management Agency, DHS. that are more stringent in their ACTION: Final notice. SUPPLEMENTARY INFORMATION: The floodplain management requirements. Federal Emergency Management Agency The community may at any time enact SUMMARY: New or modified Base (1- (FEMA) makes the final flood hazard stricter requirements of its own or percent annual chance) Flood determinations as shown in the LOMRs pursuant to policies established by other Elevations (BFEs), base flood depths, for each community listed in the table Federal, State, or regional entities. Special Flood Hazard Area (SFHA) below. Notice of these modified flood This new or modified flood hazard boundaries or zone designations, and/or hazard determinations has been determinations are used to meet the regulatory floodways (hereinafter published in newspapers of local floodplain management requirements of referred to as flood hazard circulation and 90 days have elapsed the NFIP and also are used to calculate determinations) as shown on the since that publication. The Deputy the appropriate flood insurance indicated Letter of Map Revision Associate Administrator for Mitigation premium rates for new buildings, and (LOMR) for each of the communities has resolved any appeals resulting from for the contents in those buildings. The listed in the table below are finalized. this notification. changes in flood hazard determinations Each LOMR revises the Flood Insurance The modified flood hazard are in accordance with 44 CFR 65.4. Rate Maps (FIRMs), and in some cases determinations are made pursuant to Interested lessees and owners of real the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster property are encouraged to review the currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, final flood hazard information available communities. The flood hazard and are in accordance with the National at the address cited below for each determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. community or online through the FEMA will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. Map Service Center at premium rates for new buildings and For rating purposes, the currently www.msc.fema.gov. their contents. effective community number is shown DATES: The effective date for each and must be used for all new policies (Catalog of Federal Domestic Assistance No. LOMR is indicated in the table below. and renewals. 97.022, ‘‘Flood Insurance.’’) ADDRESSES: Each LOMR is available for The new or modified flood hazard Dated: January 5, 2016. inspection at both the respective information is the basis for the Roy E. Wright, Community Map Repository address floodplain management measures that Deputy Associate Administrator for Insurance listed in the table below and online the community is required either to and Mitigation, Department of Homeland through the FEMA Map Service Center adopt or to show evidence of being Security, Federal Emergency Management at www.msc.fema.gov. already in effect in order to remain Agency.

Chief executive officer of Effective date of Community State and county Location and case No. community Community map repository modification No.

Idaho: Ada (FEMA Docket Unincorporated areas The Honorable Dave Case, Ada 200 West Front Street, 3rd Floor, Oct. 14, 2015 ...... 160001 No.: B–1531). of Ada County (15– County Commissioner, 200 Boise, ID 83702. 10–0807P). West Front Street, 3rd Floor, Boise, ID 83702. Kootenai (FEMA Unincorporated areas Mr. David Stewart, Chairman, Assessors Department, Kootenai Oct. 29, 2015 ...... 160076 Docket No.: B– of Kootenai County Board of County Commis- County Court House, 451 Gov- 1531). (15–10–0478P). sioners, 451 Government Way, ernment Way, Coeur d’Alene, ID Coeur d’Alene, ID 83816. 83816. Teton (FEMA Dock- Unincorporated areas The Honorable Bill Leake, Chair, 89 N Main, Suite 6, P.O. Box 763, Oct. 16, 2015 ...... 160230 et No.: B–1525). of Teton County Board of Teton County Commis- Driggs, ID 83422. (15–10–0131P). sioners, Teton County Court- house, 150 Courthouse Drive, Driggs, ID 83422. Illinois: Adams (FEMA City of Quincy (14–05– The Honorable Kyle A. Moore, Quincy City Hall, 730 Maine Oct. 20, 2015 ...... 170003 Docket No.: B– 8464P). Mayor, City of Quincy, 730 Main Street, Quincy, IL 62301. 1531). Street, Quincy, IL 62301. Adams (FEMA City of Quincy (15–05– The Honorable Kyle A. Moore, Quincy City Hall, 730 Maine Sept. 24, 2015 ...... 170003 Docket No.: B– 4067P). Mayor, City of Quincy, 730 Street, Quincy, IL 62301. 1533). Maine Street, Quincy, IL 62301. Adams (FEMA Unincorporated areas The Honorable Les Post, Chair- Adams County Highway Depart- Sept. 24, 2015 ...... 170001 Docket No.: B– of Adams County man, Adams County Board, 101 ment, 101 North 54th Street, 1533). (15–05–4067P). North 54th Street, Quincy, IL Quincy, IL 62305. 62305. Cook (FEMA Dock- Village of Palatine (15– The Honorable Jim Schwantz, Village Hall, 200 East Wood Oct. 6, 2015 ...... 175170 et No.: B–1525). 05–3589P). Mayor, Village of Palatine, 150 Street, Palatine, IL 60067. West Wilson Street, Palatine, IL 60067.

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Chief executive officer of Effective date of Community State and county Location and case No. community Community map repository modification No.

Indiana: Lake (FEMA City of Hammond (15– The Honorable Thomas M. 5925 Calumet Avenue, Hammond, Oct. 2, 2015 ...... 180134 Docket No.: B–1525). 05–1481P). McDermott, Jr., Hammond City IN 46320. Hall, Second Floor, 5925 Cal- umet Avenue, Hammond, IN 46320. Iowa: Black Hawk City of Cedar Falls The Honorable Jon Crews, Mayor, 220 Clay Street, Cedar Falls, IA Jul. 15, 2015 ...... 190017 (FEMA Docket No.: (14–07–2387P). City of Cedar Falls, 220 Clay 50613. B–1506). Street, Cedar Falls, IA 50613. Kansas: Reno (FEMA Dock- City of Hutchinson The Honorable Cindy Proett, 125 East Avenue B, Hutchinson, Oct. 2, 2015 ...... 200283 et No.: B–1525). (15–07–0592P). Mayor, City of Hutchinson, City KS 67501. Hall, 125 East Avenue B, Hutch- inson, KS 67501. Reno (FEMA Dock- Unincorporated areas The Honorable James D. 600 Scott Boulevard, Hutchinson, Oct. 2, 2015 ...... 200567 et No.: B–1525). of Reno County (15– Schlickau, Chairman, Reno KS 67505. 07–0592P). County Commission, 206 West 1st Avenue, Hutchinson, KS 67505. Maine: York (FEMA Town of York (15–01– Mr. Stephen H. Burns, Town Man- 186 York Street, York, ME 03909 Oct. 1, 2015 ...... 230159 Docket No.: B–1525). 0844P). ager, Town of York, 186 York Street, York, ME 03909. Missouri: Scott (FEMA Dock- City of Scott City (15– The Honorable Tim Porch, Mayor, c/o Building Inspector Robert Oct. 14, 2015 ...... 290414 et No.: B–1531). 07–0234P). City of Scott City, 215 Chester Hodo, 215 Chester Avenue, Avenue, City of Scott City, MO Scott City, MO 63780. 63780. Scott (FEMA Dock- Unincorporated areas The Honorable Jamie Burger, 131 South Winchester Street, P.O. Oct. 14, 2015 ...... 290837 et No.: B–1531). of Scott County (15– Scott County Presiding Commis- Box 245, Benton, MO 63736. 07–0234P). sioner, 131 South Winchester Street, Benton, MO 63736. Ohio: Lorain (FEMA City of Elyria (15–05– The Honorable Holly C. Brinda, City Hall, Suite 101, 131 Court Oct. 20, 2015 ...... 390350 Docket No.: B–1531). 2448P). Mayor, City of Elyria City Hall, Street, Elyria, OH 44035. 3rd Floor, 131 Court Street, Elyria, OH 44035. Oregon: Multnomah City of Troutdale (15– The Honorable Doug Daoust, 219 East Historic Columbia River Oct. 28, 2015 ...... 410184 (FEMA Docket No.: 10–0523P). Mayor, City of Troutdale, 219 Highway, Troutdale, OR 97060. B–1531). East Historic Columbia River Highway, Troutdale, OR 97060. Texas: Denton (FEMA Town of Hickory Creek The Honorable John Smith, Mayor, 1075 Ronald Reagan Avenue, Oct. 28, 2015 ...... 481150 Docket No.: B– (14–06–4263P). Town of Hickory Creek, 1075 Hickory Creek, TX 75065. 1531). Ronald Reagan Avenue, Hickory Creek, TX 75065. Denton (FEMA Unincorporated areas The Honorable Mary Horn, County 1505 East McKinney Street, Suite Oct. 28, 2015 ...... 480774 Docket No.: B– of Denton County Judge, Denton County, 1450 175, Denton, TX 76209. 1531). (14–06–4263P). East McKinney Street, Denton, TX 76209.

[FR Doc. 2016–00864 Filed 1–15–16; 8:45 am] indicated Letter of Map Revision 20472, (202) 646–4064, or (email) BILLING CODE 9110–12–P (LOMR) for each of the communities [email protected]; or visit listed in the table below are finalized. the FEMA Map Information eXchange Each LOMR revises the Flood Insurance (FMIX) online at DEPARTMENT OF HOMELAND Rate Maps (FIRMs), and in some cases www.floodmaps.fema.gov/fhm/fmx_ SECURITY the Flood Insurance Study (FIS) reports, main.html. currently in effect for the listed Federal Emergency Management communities. The flood hazard SUPPLEMENTARY INFORMATION: The Agency determinations modified by each LOMR Federal Emergency Management Agency will be used to calculate flood insurance (FEMA) makes the final flood hazard [Docket ID FEMA–2015–0001] premium rates for new buildings and determinations as shown in the LOMRs Changes in Flood Hazard their contents. for each community listed in the table Determinations DATES: The effective date for each below. Notice of these modified flood LOMR is indicated in the table below. hazard determinations has been AGENCY: Federal Emergency published in newspapers of local Management Agency, DHS. ADDRESSES: Each LOMR is available for inspection at both the respective circulation and 90 days have elapsed ACTION: Final notice. Community Map Repository address since that publication. The Deputy Associate Administrator for Mitigation SUMMARY: New or modified Base listed in the table below and online has resolved any appeals resulting from (1-percent annual chance) Flood through the FEMA Map Service Center this notification. Elevations (BFEs), base flood depths, at www.msc.fema.gov. Special Flood Hazard Area (SFHA) FOR FURTHER INFORMATION CONTACT: Luis The modified flood hazard boundaries or zone designations, and/or Rodriguez, Chief, Engineering determinations are made pursuant to regulatory floodways (hereinafter Management Branch, Federal Insurance section 206 of the Flood Disaster referred to as flood hazard and Mitigation Administration, FEMA, Protection Act of 1973, 42 U.S.C. 4105, determinations) as shown on the 500 C Street SW., Washington, DC and are in accordance with the National

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Flood Insurance Act of 1968, 42 U.S.C. by 44 CFR 60.3, are the minimum that changes in flood hazard determinations 4001 et seq., and with 44 CFR part 65. are required. They should not be are in accordance with 44 CFR 65.4. For rating purposes, the currently construed to mean that the community Interested lessees and owners of real effective community number is shown must change any existing ordinances property are encouraged to review the and must be used for all new policies that are more stringent in their final flood hazard information available and renewals. floodplain management requirements. at the address cited below for each The new or modified flood hazard The community may at any time enact community or online through the FEMA information is the basis for the stricter requirements of its own or Map Service Center at floodplain management measures that pursuant to policies established by other www.msc.fema.gov. the community is required either to Federal, State, or regional entities. adopt or to show evidence of being (Catalog of Federal Domestic Assistance No. already in effect in order to remain This new or modified flood hazard 97.022, ‘‘Flood Insurance.’’) qualified for participation in the determinations are used to meet the Dated: December 14, 2015. National Flood Insurance Program floodplain management requirements of Roy E. Wright, (NFIP). the NFIP and also are used to calculate Deputy Associate Administrator for Insurance This new or modified flood hazard the appropriate flood insurance and Mitigation, Department of Homeland information, together with the premium rates for new buildings, and Security, Federal Emergency Management floodplain management criteria required for the contents in those buildings. The Agency.

Effective date of Community State and county Location and case No. Chief executive officer of community Community map repository modification No.

Alabama: Tuscaloosa (FEMA City of Tuscaloosa (15– The Honorable Walter Maddox, Engineering Department, 2201 Uni- Oct. 23, 2015 ..... 010203 Docket No.: B– 04–0628P). Mayor, City of Tuscaloosa, 2201 versity Boulevard, Tuscaloosa, AL 1534). University Boulevard, Tuscaloosa, 35401. AL 35401. Tuscaloosa (FEMA Unincorporated areas of The Honorable W. Hardy McCollum, Tuscaloosa County Engineering De- Oct. 23, 2015 ..... 010201 Docket No.: B– Tuscaloosa County, Chairman, Tuscaloosa County partment, 2810 35th Street, Tus- 1534). (15–04–0628P). Board of Commissioners, 714 caloosa, AL 35401. Greensboro Avenue, Tuscaloosa, AL 35402. Colorado: Jefferson (FEMA City of Golden, (15–08– The Honorable Marjorie Sloan, Public Works Department, 1445 10th Oct. 23, 2015 ..... 080090 Docket No.: B– 0786P). Mayor, City of Golden, 911 10th Street, Golden, CO 80401. 1534). Street, Golden, CO 80401. Teller (FEMA Docket City of Woodland Park, The Honorable Neil Levy, Mayor, City Hall, 220 West South Avenue, Oct. 22, 2015 ..... 080175 No.: B–1534). (15–08–0099P). City of Woodland Park, P.O. Box Woodland Park, CO 80866. 9007, Woodland Park, CO 80866. Florida: Broward (FEMA City of Pembroke Pines, The Honorable Frank C. Ortis, Environmental Services Division, Nov. 12, 2015 .... 120053 Docket No.: B– (15–04–4500P). Mayor, City of Pembroke Pines, 13975 Pembroke Road, Pembroke 1538). 10100 Pines Boulevard, Pem- Pines, FL 33027. broke Pines, FL 33026. Duval (FEMA Docket City of Jacksonville (15– The Honorable Alvin Brown, Mayor, City Hall, 214 North Hogan Street, Nov. 12, 2015 .... 120077 No.: B–1538). 04–2570P). City of Jacksonville, 117 West Suite 2100, Jacksonville, FL Duval Street, Suite 400, Jackson- 32202. ville, FL 32202. Manatee (FEMA Town of Longboat Key, The Honorable Jack Duncan, Mayor, Town Hall, 501 Bay Isles Road, Nov. 18, 2015 .... 125126 Docket No.: B– (15–04–2751P). Town of Longboat Key, 501 Bay Longboat Key, FL 34228. 1538). Isles Road, Longboat Key, FL 34228. Monroe (FEMA City of Key West, (15– The Honorable Craig Cates, Mayor, Planning Department, 605A Aug. 20, 2015 .... 120168 Docket No.: B– 04–0697P). City of Key West, 3126 Flagler Simonton Street, Key West, FL 1545). Avenue, Key West, FL 33040. 33040. St. Johns (FEMA Unincorporated areas of The Honorable James K. Johns, St. Johns County Planning and Zon- Nov. 19, 2015 .... 125147 Docket No.: B– St. Johns County, Commissioner, St. Johns County ing Department, 4040 Lewis 1538). (15–04–5662P). District 1, 500 San Sebastian Speedway, St. Augustine, FL View, St. Augustine, FL 32084. 32084. Georgia: Columbia (FEMA Unincorporated areas of The Honorable Ron C. Cross, Chair- Columbia County Engineering Serv- Nov. 19, 2015 .... 130059 Docket No.: B– Columbia County, man, Columbia County Board of ices Department, 630 Ronald 1538). (15–04–4690P). Commissioners, P.O. Box 498, Reagan Drive, Building A, Evans, Evans, GA 30809. GA 30809. Forsyth (FEMA Unincorporated areas of The Honorable R.J. (Pete) Amos, Forsyth County Department of Engi- Nov. 19, 2015 .... 130312 Docket No.: B– Forsyth County, (15– Chairman, Forsyth County Board neering, 110 East Main Street, 1545). 04–0696P). of Commissioners, 110 East Main Suite 120, Cumming, GA 30040. Street, Suite 210, Cumming, GA 30040. Massachusetts:, Town of Barnstable, The Honorable Jessica Rapp Town Hall, 367 Main Street, Nov. 16, 2015 .... 250001 Barnstable (FEMA (15–01–2052P). Grassetti, President, Town of Hyannis, MA 02601. Docket No.: B–1538). Barnstable Council, 367 Main Street, Hyannis, MA 02601. Montana: Gallatin (FEMA City of Bozeman, (15– The Honorable Jeff Krauss, Mayor, Public Works Department, 20 East Oct. 23, 2015 ..... 300028 Docket No.: B– 08–0124P). City of Bozeman, P.O. Box 1230, Olive Street, Bozeman, MT 59771. 1534). Bozeman, MT 59771. Stillwater (FEMA Town of Columbus, (15– The Honorable Gary Woltermann, Stillwater County West Annex, 431 Oct. 19, 2015 ..... 300109 Docket No.: B– 08–0781P). Mayor, Town of Columbus, P.O. Quarry Road, Columbus, MT 1534). Box 549, Columbus, MT 59019. 59019. North Carolina:

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Effective date of Community State and county Location and case No. Chief executive officer of community Community map repository modification No.

Northampton. (FEMA Town of Gaston, (15– The Honorable Jason Moore, Mayor, Town Hall, 223 Craige Street, Gas- Oct. 26, 2015 ..... 370413 Docket No.: B– 04–4075P). Town of Gaston, 223 Craige ton, NC 27832. 1538). Street, Gaston, NC 27832. Randolph (FEMA Unincorporated areas of The Honorable Darrell L. Frye, Randolph County Department of Oct. 22, 2015 ..... 370195 Docket No.: B– Randolph County, Chairman, Randolph County Planning and Development, 204 1534). (15–04–3243P). Board of Commissioners, P.O. East Academy Street, Asheboro, Box 4728, Asheboro, NC 27204. NC 27203. Union (FEMA Docket Unincorporated areas of The Honorable Richard, Helms, Union County Planning, Division, Nov. 5, 2015 ...... 370234 No.: B–1545). Union County, (15– Chairman, Union County Board of 500 North Main Street, Monroe, 04–4081P). Commissioners, 500 North Main NC 28112. Street, Monroe, NC 28112. North Dakota: Cass (FEMA Docket City of Fargo, (15–08– The Honorable Tim Mahoney, City Hall, 200 3rd Street North, Nov. 3, 2015 ...... 385364 No.: B–1534). 0016P). Mayor, City of Fargo, 200 3rd Fargo, ND 58102. Street North, Fargo, ND 58102. Texas: Bell (FEMA Docket City of Temple, (15–06– The Honorable Danny Dunn, Mayor, Department of Public Works, Engi- Nov. 3, 2015 ...... 480034 No.: B–1534). 1800P). City of Temple, 2 North Main neering Division, 3210 East Ave- Street, Suite 103, Temple, TX nue H, Building A, Suite 107, 76501. Temple, TX 76501. Bexar (FEMA Docket City of San Antonio, The Honorable Ivy R. Taylor, Mayor, Transportation and Capital Improve- Oct. 15, 2015 ..... 480045 No.: B–1534). (14–06–3172P). City of San Antonio, P.O. Box ments Department, Stormwater 839966, San Antonio, TX 78283. Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204. Denton (FEMA City of Denton, (14–06– The Honorable Chris A. Watts, Engineering Department, 901–A Nov. 4, 2015 ...... 480194 Docket No.: B– 3408P). Mayor, City of Denton, 215 East Texas Street, Denton, TX 76509. 1534). McKinney Street, Denton, TX 76201. Denton (FEMA City of Denton, (15–06– The Honorable Chris A. Watts, Engineering Department, 901–A Oct. 19, 2015 ..... 480194 Docket No.: B– 0979P). Mayor, City of Denton, 215 East Texas Street, Denton, TX 76509. 1534). McKinney Street, Denton, TX 76201. Fort Bend (FEMA Unincorporated areas of The Honorable Robert E. Hebert, Fort Bend County Engineering De- Nov. 13, 2015 .... 480228 Docket No.: B– Fort Bend County, Fort Bend County Judge, 401 partment, 301 Jackson Street, 4th 1538). (14–06–2647P). Jackson Street, Richmond, TX Floor, Richmond, TX 77469. 77469. Harris (FEMA Dock- City of Houston, (14– The Honorable Annise D. Parker, Floodplain Management Office, 1002 Oct. 16, 2015 ..... 480296 et No.: B–1534). 06–4559P). Mayor, City of Houston, P.O. Box Washington Avenue, 3rd Floor, 1562, Houston, TX 77251. Houston, TX 77002. Harris (FEMA Dock- City of Houston, (15– The Honorable Annise D. Parker, Floodplain Management Office, 1002 Nov. 13, 2015 .... 480296 et No.: B–1538). 06–0275P). Mayor, City of Houston, P.O. Box Washington Avenue, 3rd Floor, 1562, Houston, TX 77251. Houston, TX 77002. Harris (FEMA Dock- City of Pasadena, (14– The Honorable Johnny Isbell, Mayor, Engineering Department, 1114 Davis Oct. 16, 2015 ..... 480307 et No.: B–1534). 06–4559P). City of Pasadena, 1211 Street, 2nd Floor, Pasadena, TX Southmore Avenue, Pasadena, 77506. TX 77502. Harris (FEMA Dock- Unincorporated areas of The Honorable Ed M. Emmett, Har- Harris County Permit Office, 10555 Oct. 30, 2015 ..... 480287 et No.: B–1534). Harris County, (15– ris County Judge, 1001 Preston Northwest Freeway, Suite 120, 06–1289P). Street, Suite 911, Houston, TX Houston, TX 77092. 77002. Tarrant (FEMA City of Forest Hill, (15– The Honorable Gerald Joubert, City Hall, 3219 California Parkway, Nov. 10, 2015 .... 480595 Docket No.: B– 06–2903X). Mayor, City of Forest Hill, 3219 Forest Hill, TX 76119. 1538). California Parkway, Forest Hill, TX 76119. Tarrant (FEMA City of Fort Worth, (15– The Honorable Betsy Price, Mayor, City Hall, 1000 Throckmorton Street, Nov. 13, 2015 .... 480596 Docket No.: B– 06–0370P). City of Fort Worth, 1000 Fort Worth, TX 76102. 1538). Throckmorton Street, Fort Worth, TX 76102. Travis (FEMA Dock- Unincorporated areas of The Honorable Sarah Eckhardt, Travis County Office of Emergency Oct. 28, 2015 ..... 481026 et No.: B–1534). Travis County, (15– Travis County Judge, P.O. Box Management Services, 5010 Old 06–1733P). 1748, Austin, TX 78767. Manor Road, Austin TX 78723. Waller (FEMA Dock- Unincorporated areas of The Honorable Carbett J. Duhon III, Waller County Emergency Manage- Nov. 13, 2015 .... 480640 et No.: B–1538). Waller County, (14– Waller County Judge, 836 Austin ment Department, 701 Calvit 06–2647P). Street, Suite 203, Hempstead, TX Street, Hempstead, TX 77445. 77445. Virginia: Independent City City of Salem, (14–03– The Honorable Byron Foley, Mayor, Engineering and Inspections Depart- Oct. 9, 2015 ...... 510141 (FEMA Docket 3079P). City of Salem, 114 North Broad ment, 25 East Main Street, Salem, No.: B–1534). Street, Salem, VA 24153. VA 24153. Wisconsin: Fond du Lac (FEMA Village of The Honorable David Krebs, Presi- Village Hall, 177 East Main Street, Nov. 13, 2015 .... 550133 Docket No.: B– Campbellsport, (14– dent, Village of Campbellsport Campbellsport, WI 53010. 1538). 05–3087P). Board of Trustees, P.O. Box 709, Campbellsport, WI 53010. Fond du Lac (FEMA Unincorporated areas of The Honorable Allen Buechel, Fond Fond du Lac County Code Enforce- Nov. 13, 2015 .... 550131 Docket No.: B– Fond du Lac County, du Lac County Executive, 160 ment Office, 160 South Macy 1538). (14–05–3087P). South Macy Street, Fond du Lac, Street, Fond du Lac, WI 54935. WI 54935.

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[FR Doc. 2016–00769 Filed 1–15–16; 8:45 am] the dates listed in the table below and of the community as listed in the table BILLING CODE 9110–12–P revise the FIRM panels and FIS report below. in effect prior to this determination for The modifications are made pursuant the listed communities. to section 201 of the Flood Disaster DEPARTMENT OF HOMELAND From the date of the second Protection Act of 1973, 42 U.S.C. 4105, SECURITY publication of notification of these and are in accordance with the National changes in a newspaper of local Flood Insurance Act of 1968, 42 U.S.C. Federal Emergency Management circulation, any person has 90 days in 4001 et seq., and with 44 CFR part 65. Agency which to request through the The FIRM and FIS report are the basis [Docket ID FEMA–2015–0001; Internal community that the Deputy Associate of the floodplain management measures Agency Docket No. FEMA–B–1556] Administrator for Mitigation reconsider that the community is required either to the changes. The flood hazard adopt or to show evidence of having in Changes in Flood Hazard determination information may be effect in order to qualify or remain Determinations changed during the 90-day period. qualified for participation in the AGENCY: Federal Emergency ADDRESSES: The affected communities National Flood Insurance Program Management Agency, DHS. are listed in the table below. Revised (NFIP). flood hazard information for each ACTION: Notice. These flood hazard determinations, community is available for inspection at together with the floodplain SUMMARY: This notice lists communities both the online location and the management criteria required by 44 CFR where the addition or modification of respective community map repository 60.3, are the minimum that are required. Base Flood Elevations (BFEs), base flood address listed in the table below. They should not be construed to mean depths, Special Flood Hazard Area Additionally, the current effective FIRM that the community must change any (SFHA) boundaries or zone and FIS report for each community are existing ordinances that are more designations, or the regulatory floodway accessible online through the FEMA stringent in their floodplain (hereinafter referred to as flood hazard Map Service Center at management requirements. The determinations), as shown on the Flood www.msc.fema.gov for comparison. community may at any time enact Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to stricter requirements of its own or where applicable, in the supporting the Chief Executive Officer of the pursuant to policies established by other Flood Insurance Study (FIS) reports, community as listed in the table below. Federal, State, or regional entities. The prepared by the Federal Emergency FOR FURTHER INFORMATION CONTACT: Luis flood hazard determinations are in Management Agency (FEMA) for each Rodriguez, Chief, Engineering accordance with 44 CFR 65.4. community, is appropriate because of Management Branch, Federal Insurance The affected communities are listed in new scientific or technical data. The and Mitigation Administration, FEMA, the following table. Flood hazard FIRM, and where applicable, portions of 500 C Street SW., Washington, DC determination information for each the FIS report, have been revised to 20472, (202) 646–4064, or (email) community is available for inspection at reflect these flood hazard [email protected]; or visit both the online location and the determinations through issuance of a the FEMA Map Information eXchange respective community map repository Letter of Map Revision (LOMR), in (FMIX) online at address listed in the table below. accordance with Title 44, Part 65 of the www.floodmaps.fema.gov/fhm/fmx_ Additionally, the current effective FIRM Code of Federal Regulations (44 CFR main.html. and FIS report for each community are accessible online through the FEMA part 65). The LOMR will be used by SUPPLEMENTARY INFORMATION: The insurance agents and others to calculate specific flood hazard determinations are Map Service Center at appropriate flood insurance premium not described for each community in www.msc.fema.gov for comparison. rates for new buildings and the contents this notice. However, the online (Catalog of Federal Domestic Assistance No. of those buildings. For rating purposes, location and local community map 97.022, ‘‘Flood Insurance.’’) the currently effective community repository address where the flood Dated: January 5, 2016. number is shown in the table below and hazard determination information is Roy E. Wright, must be used for all new policies and available for inspection is provided. renewals. Deputy Associate Administrator for Insurance Any request for reconsideration of and Mitigation, Department of Homeland DATES: These flood hazard flood hazard determinations must be Security, Federal Emergency Management determinations will become effective on submitted to the Chief Executive Officer Agency.

Location and Chief executive officer of Community map reposi- Online location of letter of map Effective date of Community State and county case No. community tory revision modification No.

Arizona: City of Peoria The Honorable Cathy City Hall, 8401 West Mon- http://www.msc.fema.gov/lomc Mar. 18, 2016 .... 040050 Maricopa (14–09–4245P). Carlat, Mayor, City of roe Street, Peoria, AZ Peoria, 8401 West 85345. Monroe Street, Peoria, AZ 85345. Maricopa ...... Town of Buckeye The Honorable Jackie A. Town Hall, 100 North http://www.msc.fema.gov/lomc Feb. 19, 2016 .... 040039 (15–09–0476P). Meck, Mayor, Town of Apache Street, Suite A, Buckeye, 530 East Buckeye, AZ 85326. Monroe Avenue, Buck- eye, AZ 85326. Maricopa ...... Town of Buckeye The Honorable Jackie A. Engineering Department, http://www.msc.fema.gov/lomc Mar. 4, 2016 ...... 040039 (15–09–1721P). Meck, Mayor, Town of 530 East Monroe Ave- Buckeye, 530 East nue, Buckeye, AZ Monroe Avenue, Buck- 85326. eye, AZ 85326.

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Location and Chief executive officer of Community map reposi- Online location of letter of map Effective date of Community State and county case No. community tory revision modification No.

Maricopa ...... Unincorporated The Honorable Steve Flood Control District of http://www.msc.fema.gov/lomc Feb. 19, 2016 .... 040037 areas of Mari- Chucri, Chairman, Maricopa County, 2801 copa County Board of Supervisors, West Durango Street, (15–09–0476P). Maricopa County, 301 Phoenix, AZ 85009. West Jefferson Street, 10th Floor, Phoenix, AZ 85003. Pima ...... Unincorporated The Honorable Sharon Pima County Flood Con- http://www.msc.fema.gov/lomc Mar. 21, 2016 .... 040073 areas of Pima Bronson, Chair, Board trol District, 97 East County (15– of Supervisors, Pima Congress Street, 3rd 09–0394P). County, 130 W. Con- Floor, Tucson, AZ gress Street, 11th 85701. Floor, Tucson, AZ 85701. Pima ...... Town of Marana The Honorable Ed Honea, Engineering Department, http://www.msc.fema.gov/lomc Feb. 11, 2016 .... 040118 (15–09–1240P). Mayor, Town of 11555 West Civic Cen- Marana, 11555 W. Civic ter Drive, Marana, AZ Center Drive, Marana, 85653. AZ 85653. Pima ...... Unincorporated The Honorable Sharon Pima County Flood Con- http://www.msc.fema.gov/lomc Feb. 12, 2016 .... 040073 areas of Pima Bronson, Chair, Board trol District, 97 East County (15– of Supervisors, Pima Congress Street, 3rd 09–2370P). County, 130 West Con- Floor, Tucson, AZ gress Street, 11th 85701. Floor, Tucson, AZ 85701. Pinal ...... Unincorporated The Honorable Cheryl Pinal County Engineering http://www.msc.fema.gov/lomc Feb. 11, 2016 .... 040077 areas of Pinal Chase, Chair, Board of Department, 31 North County (15– Supervisors, Pinal Pinal Street, Building F, 09–1991P). County, 135 North Pinal Florence, AZ 85132. Street, Florence, AZ 85132. Pinal ...... Unincorporated The Honorable Cheryl Pinal County Engineering http://www.msc.fema.gov/lomc Mar. 2, 2016 ...... 040077 areas of Pinal Chase, Chair, Board of Department, 31 North County (15– Supervisors, Pinal Pinal Street, Building F, 09–2521P). County, 135 North Pinal Florence, AZ 85132. Street, Florence, AZ 85132. California: City of Dublin The Honorable David Building Department, 100 http://www.msc.fema.gov/lomc Mar. 8, 2016 ...... 060705 Alameda (15–09–1152P). Haubert, Mayor, City of Civic Plaza, Dublin, CA Dublin, 100 Civic Plaza, 94568. Dublin, CA 94568. Kern ...... City of Bakers- The Honorable Harvey Public Works, 1501 http://www.msc.fema.gov/lomc Mar. 29, 2016 .... 060077 field (13–09– Hall, Mayor, City of Ba- Truxtun Avenue, Ba- 2248P). kersfield, 1600 Truxtun kersfield, CA 93301. Avenue, Bakersfield, CA 93301. Kern ...... Unincorporated The Honorable David Planning Department, http://www.msc.fema.gov/lomc Mar. 29, 2016 .... 060075 areas of Kern Couch, Chairman, 2700 M Street, Suite County (13– Board of Supervisors, 100, Bakersfield, CA 09–2248P). Kern County, 1115 93301. Truxtun Avenue, 5th Floor, Bakersfield, CA 93301. Riverside ...... City of Wildomar The Honorable Ben Be- City Hall, 23873 Clinton http://www.msc.fema.gov/lomc Feb. 26, 2016 .... 060221 (15–09–2570P). noit, Mayor, City of Keith Road, Suite 201, Wildomar, 23873 Clin- Wildomar, CA 92595. ton Keith Road, Suite 201, Wildomar, CA 92595. Sacramento .... Unincorporated The Honorable Phil Municipal Services Agen- http://www.msc.fema.gov/lomc Feb. 17, 2016 .... 060262 areas of Sac- Serna, Chairman, cy, Department of ramento Coun- Board of Supervisors Water Resources, 827 ty (15–09– Sacramento County, 7th Street, Suite 301, 2776P). 700 H Street, Suite Sacramento, CA 95814. 2450, Sacramento, CA 95814. San Mateo ..... Unincorporated The Honorable Carole Planning and Building De- http://www.msc.fema.gov/lomc Mar. 31, 2016 .... 060311 areas of San Groom, Chair, Board of partment, 455 County Mateo County Supervisors, San Mateo Center, Redwood City, (15–09–1770P). County, 400 County CA 94063. Center, Redwood City, CA 94063. Hawaii: Maui Maui County The Honorable Alan Planning Department, 250 http://www.msc.fema.gov/lomc Mar. 28, 2016 .... 150003 (15–09–2997X). Arakawa, Mayor, Coun- South High Street, Sec- ty of Maui, 200 South ond Floor, Wailuku, HI High Street, Kalana O 96793. Maui Building, 9th Floor, Wailuku, HI 96793.

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Location and Chief executive officer of Community map reposi- Online location of letter of map Effective date of Community State and county case No. community tory revision modification No.

Nevada: Douglas Unincorporated The Honorable Doug N. Public Works Department, http://www.msc.fema.gov/lomc Mar. 24, 2016 .... 320008 areas of Doug- Johnson, Chairman, 1615 Eighth Street, las County Board of Supervisors, Minden, NV 89423. (15–09–2371P). Douglas County, P.O. Box 218, Minden, NV 89423.

[FR Doc. 2016–00869 Filed 1–15–16; 8:45 am] inspection at both the online location provided in the tables below. Any BILLING CODE 9110–12–P and the respective Community Map request for reconsideration of the Repository address listed in the tables revised flood hazard information shown below. Additionally, the current on the Preliminary FIRM and FIS report DEPARTMENT OF HOMELAND effective FIRM and FIS report for each that satisfies the data requirements SECURITY community are accessible online outlined in 44 CFR 67.6(b) is considered through the FEMA Map Service Center an appeal. Comments unrelated to the Federal Emergency Management at www.msc.fema.gov for comparison. flood hazard determinations also will be Agency You may submit comments, identified considered before the FIRM and FIS [Docket ID FEMA–2015–0001; Internal by Docket No. FEMA–B–1553 to Luis report become effective. Rodriguez, Chief, Engineering Agency Docket No. FEMA–B–1553] Use of a Scientific Resolution Panel Management Branch, Federal Insurance (SRP) is available to communities in Proposed Flood Hazard and Mitigation Administration, FEMA, support of the appeal resolution Determinations 500 C Street SW., Washington, DC process. SRPs are independent panels of 20472, (202) 646–4064, or (email) experts in hydrology, hydraulics, and AGENCY: Federal Emergency [email protected]. Management Agency, DHS. other pertinent sciences established to FOR FURTHER INFORMATION CONTACT: Luis ACTION: Notice. review conflicting scientific and Rodriguez, Chief, Engineering technical data and provide SUMMARY: Comments are requested on Management Branch, Federal Insurance recommendations for resolution. Use of proposed flood hazard determinations, and Mitigation Administration, FEMA, the SRP only may be exercised after 500 C Street SW., Washington, DC which may include additions or FEMA and local communities have been 20472, (202) 646–4064, or (email) modifications of any Base Flood engaged in a collaborative consultation [email protected]; or visit Elevation (BFE), base flood depth, process for at least 60 days without a the FEMA Map Information eXchange Special Flood Hazard Area (SFHA) mutually acceptable resolution of an (FMIX) online at boundary or zone designation, or appeal. Additional information www.floodmaps.fema.gov/fhm/fmx_ regulatory floodway on the Flood regarding the SRP process can be found main.html. Insurance Rate Maps (FIRMs), and online at http://floodsrp.org/pdfs/srp_ where applicable, in the supporting SUPPLEMENTARY INFORMATION: FEMA fact_sheet.pdf. proposes to make flood hazard Flood Insurance Study (FIS) reports for The watersheds and/or communities determinations for each community the communities listed in the table affected are listed in the tables below. listed below, in accordance with section below. The purpose of this notice is to The Preliminary FIRM, and where seek general information and comment 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR applicable, FIS report for each regarding the preliminary FIRM, and community are available for inspection where applicable, the FIS report that the 67.4(a). These proposed flood hazard at both the online location and the Federal Emergency Management Agency respective Community Map Repository (FEMA) has provided to the affected determinations, together with the floodplain management criteria required address listed in the tables. For communities. The FIRM and FIS report communities with multiple ongoing are the basis of the floodplain by 44 CFR 60.3, are the minimum that are required. They should not be Preliminary studies, the studies will be management measures that the identified by the unique project number community is required either to adopt construed to mean that the community must change any existing ordinances and Preliminary FIRM date listed in the or to show evidence of having in effect tables. Additionally, the current in order to qualify or remain qualified that are more stringent in their floodplain management requirements. effective FIRM and FIS report for each for participation in the National Flood community are accessible online Insurance Program (NFIP). In addition, The community may at any time enact stricter requirements of its own or through the FEMA Map Service Center the FIRM and FIS report, once effective, at www.msc.fema.gov for comparison. will be used by insurance agents and pursuant to policies established by other others to calculate appropriate flood Federal, State, or regional entities. (Catalog of Federal Domestic Assistance No. insurance premium rates for new These flood hazard determinations are 97.022, ‘‘Flood Insurance.’’) used to meet the floodplain buildings and the contents of those Dated: December 22, 2015. buildings. management requirements of the NFIP and also are used to calculate the Roy E. Wright, DATES: Comments are to be submitted appropriate flood insurance premium Deputy Associate Administrator for Insurance on or before April 18, 2016. rates for new buildings built after the and Mitigation, Department of Homeland ADDRESSES: The Preliminary FIRM, and FIRM and FIS report become effective. Security, Federal Emergency Management where applicable, the FIS report for The communities affected by the Agency. each community are available for flood hazard determinations are I. Non-watershed-based studies:

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Community Community map repository address

Coconino County, Arizona and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 12–09–1963S Preliminary Date: July 30, 2015

Unincorporated Areas of Coconino County ...... Community Development Department, 2500 North Fort Valley Road, Building 1, Flagstaff, AZ 86001.

Calaveras County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 09–09–3057S Preliminary Date: August 26, 2015

Unincorporated Areas of Calaveras County ...... Calaveras County Planning Department, 891 Mountain Ranch Road, San Andreas, CA 95249.

Los Angeles County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 11–09–0919S Preliminary Date: September 15, 2015

City of Los Angeles ...... Department of Public Works, Stormwater Public Counter, 1149 South Broadway, 8th Floor, Los Angeles, CA 90015. Unincorporated Areas of Los Angeles County ...... Public Works Headquarters, Watershed Management Division, 900 South Fremont Avenue, Alhambra, CA 91803.

Marin County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 11–09–0850S Preliminary Date: July 29, 2015

Unincorporated Areas of Marin County ...... Department of Public Works, 3501 Civic Center Drive, Room 304, San Rafael, CA 94903.

Sonoma County, California and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 11–09–0849S Preliminary Date: July 29, 2015

Unincorporated Areas of Sonoma County ...... Permit and Resource Management, 2550 Ventura Avenue, Santa Rosa, CA 95403.

Hawaii County, Hawaii

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 10–09–2502S Preliminary Dates: July 25, 2011, August 13, 2015

Hawaii County ...... Department of Public Works, Engineering Division, Aupuni Center, 101 Pauahi Street, Suite 7, Hilo, HI 96720; or

Department of Public Works, Engineering Division, 74–5044 Ane Keohokalole Highway, Building D, 1st Floor, Kailua-Kona, HI 96740.

Whiteside County, Illinois and Incorporated Areas

Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project:12–05–8928S Preliminary Date: July 31, 2015

City of Fulton ...... Fulton City Hall, 415 11th Avenue, Fulton, IL 61252. Unincorporated Areas of Whiteside County ...... Whiteside County Courthouse, 200 East Knox Street, Morrison, IL 61270.

[FR Doc. 2016–00773 Filed 1–15–16; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF THE INTERIOR I. Public Comment Procedures in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as A. How do I request copies of Fish and Wildlife Service amended (16 U.S.C. 1531 et seq.), along applications or comment on submitted with Executive Order 13576, applications? [Docket No. FWS–HQ–IA–2016–0005; ‘‘Delivering an Efficient, Effective, and FXIA16710900000–156–FF09A30000] Send your request for copies of Accountable Government,’’ and the applications or comments and materials President’s Memorandum for the Heads Endangered Species; Receipt of concerning any of the applications to of Executive Departments and Agencies Applications for Permit the contact listed under ADDRESSES. of January 21, 2009—Transparency and Please include the Federal Register Open Government (74 FR 4685; January AGENCY: Fish and Wildlife Service, notice publication date, the PRT- 26, 2009), which call on all Federal Interior. number, and the name of the applicant agencies to promote openness and in your request or submission. We will transparency in Government by ACTION: Notice of receipt of applications not consider requests or comments sent disclosing information to the public, we for permit. to an email or address not listed under invite public comment on these permit ADDRESSES. If you provide an email applications before final action is taken. SUMMARY: We, the U.S. Fish and address in your request for copies of Wildlife Service, invite the public to applications, we will attempt to respond III. Permit Applications comment on the following applications to your request electronically. Endangered Species to conduct certain activities with Please make your requests or endangered species. With some comments as specific as possible. Please Applicant: Liliana Cortes Ortiz, Ann exceptions, the Endangered Species Act confine your comments to issues for Arbor, MI; PRT–75995B (ESA) prohibits activities with listed which we seek comments in this notice, The applicant requests a permit to species unless Federal authorization is and explain the basis for your import biological samples from wild acquired that allows such activities. comments. Include sufficient howler monkeys (Alouatta palliate information with your comments to palliate) for the purpose of DATES: We must receive comments or allow us to authenticate any scientific or enhancement of the survival of the requests for documents on or before commercial data you include. species/scientific research. This February 18, 2016. The comments and recommendations notification covers activities to be ADDRESSES: Submitting Comments: You that will be most useful and likely to conducted by the applicant over a 1- may submit comments by one of the influence agency decisions are: (1) year period. following methods: Those supported by quantitative Applicant: Institute for the Conservation • information or studies; and (2) Those of Tropical Environments, SUNY at Federal eRulemaking Portal: http:// that include citations to, and analyses www.regulations.gov. Follow the Stony Brook, Stony Brook, NY; PRT– of, the applicable laws and regulations. 75939B instructions for submitting comments We will not consider or include in our The applicant requests a permit to on Docket No. FWS–HQ–IA–2016–0005. administrative record comments we • import museum samples from wild U.S. mail or hand-delivery: Public receive after the close of the comment specimens of golden bamboo lemur Comments Processing, Attn: Docket No. period (see DATES) or comments (Hapalemur aureus) for the purpose of FWS–HQ–IA–2016–0005; U.S. Fish and delivered to an address other than those scientific research. Wildlife Service Headquarters, MS: listed above (see ADDRESSES). BPHC; 5275 Leesburg Pike, Falls Applicant: Duke Lemur Center, Durham, B. May I review comments submitted by Church, VA 22041–3803. NC; PRT–80481B others? The applicant requests a permit to When submitting comments, please Comments, including names and import two captive-bred, black lemurs indicate the name of the applicant and street addresses of respondents, will be (Eulemur macaco) for the purpose of the PRT# you are commenting on. We available for public review at the street enhancement of the survival of the will post all comments on http:// address listed under ADDRESSES. The species. This notification covers www.regulations.gov. This generally public may review documents and other activities to be conducted by the means that we will post any personal information applicants have sent in applicant over a 1-year period. information you provide us (see the support of the application unless our Applicant: Duke Lemur Center, Durham, Public Comments section below for allowing viewing would violate the more information). Viewing Comments: NC; PRT–80482B Privacy Act or Freedom of Information The applicant requests a permit to Comments and materials we receive will Act. Before including your address, be available for public inspection on export two captive-bred, black lemurs phone number, email address, or other (Eulemur macaco) for the purpose of http://www.regulations.gov, or by personal identifying information in your appointment, between 8 a.m. and 4 enhancement of the survival of the comment, you should be aware that species. This notification covers p.m., Monday through Friday, except your entire comment—including your Federal holidays, at the U.S. Fish and activities to be conducted by the personal identifying information—may applicant over a 1-year period. Wildlife Service, Division of be made publicly available at any time. Management Authority, 5275 Leesburg While you can ask us in your comment Applicant: Springhill Wildlife Park, Pike, Falls Church, VA 22041–3803; to withhold your personal identifying Calvert, TX; PRT–002692 telephone 703–358–2095. information from public review, we The applicant requests an amendment of a captive-bred wildlife registration FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to under 50 CFR 17.21(g) for the following Brenda Tapia, (703) 358–2104 do so. species to enhance species propagation (telephone); (703) 358–2281 (fax); II. Background or survival: brown lemur (Eulemur [email protected] (email). To help us carry out our conservation fulvus), ring-tailed lemur (Lemur catta), SUPPLEMENTARY INFORMATION: responsibilities for affected species, and red ruffed lemur (Varecia rubra), and

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black and white ruffed lemur (Varecia DEPARTMENT OF THE INTERIOR migratory birds. Project proposal due variegata). This notification covers dates, application instructions, and activities to be conducted by the Fish and Wildlife Service eligibility requirements are available on applicant over a 5-year period. [FWS–HQ–MB–2016–N006; 91100–3740– the NAWCA Web site at www.fws.gov/ GRNT 7C] birds/grants/north-american-wetland- Applicant: Elizabeth Conner, Jonesboro, conservation-act.php. GA; PRT–76748B Announcement of Public Meeting Via The applicant requests a captive-bred Teleconference: North American PUBLIC INPUT wildlife registration under 50 CFR Wetlands Conservation Council 17.21(g) for the following species to You must contact the AGENCY: Fish and Wildlife Service, Council Coordinator enhance species propagation or Interior. If you wish to: (see FOR FURTHER survival: radiated tortoise (Astrochelys INFORMATION CON- ACTION: Notice of meeting. radiata). This notification covers TACT) no later than activities to be conducted by the SUMMARY: The North American (1) Request call-in in- February 19, 2016. applicant over a 5-year period. Wetlands Conservation Council formation for the (Council) will meet via teleconference to Applicant: Zoological Wildlife Council teleconfer- select North American Wetlands Conservation Center, Rainier, OR; ence. Conservation Act (NAWCA) U.S. small PRT–54918B (2) Submit written in- February 19, 2016. grant proposals for reporting to the formation or ques- The applicant requests a captive-bred Migratory Bird Conservation tions before the wildlife registration under 50 CFR Commission (Commission). This Council for consid- 17.21(g) for the following species to teleconference is open to the public, and eration during the teleconference. enhance species propagation or interested persons may present oral or written statements. (3) Listen to the February 24, 2016. survival: jackass penguin (Spheniscus Council Meeting. demersus), woylie (Bettongia DATES: The teleconference is scheduled penicillata), ring-tailed lemur (Lemur for February 24, 2016, at 2 p.m. Eastern Submitting Written Information or catta), black and white ruffed lemur Standard Time. If you are interested in Questions (Varecia variegata), red-ruffed lemur presenting information at this public (Varecia rubra), Cottontop tamarin teleconference, contact the Council Interested members of the public may (Saguinus oedipus), Lar gibbon Coordinator no later than February 19, submit relevant information or (Hylobates lar), clouded leopard 2016. questions to be consider during the (Neofelis nebulosa), and snow leopard ADDRESSES: Because this is a public teleconference. If you wish to (Uncia uncia). This notification covers teleconference, there is no meeting submit a written statement, so that the activities to be conducted by the venue. Individuals wishing to information may be made available to applicant over a 5-year period. participate in the teleconference should the Council for their consideration prior contact the Council Coordinator no later to the teleconference, you must contact Applicant: Ryder Scientific, than February 19, 2016, for the call-in the Council Coordinator by the date in R.L.L.L.P., Putnam Valley, NY; PRT– information and so we can ensure that Public Input. Written statements must 84796B we have an adequate number of lines. be supplied to the Council Coordinator FOR FURTHER INFORMATION CONTACT: in both of the following formats: One The applicant requests a captive-bred Sarah Mott, Council Coordinator, by hard copy with original signature, and wildlife registration under 50 CFR phone at 703–358–1784; by email at one electronic copy via email 17.21(g) for the following species to [email protected]; or by U.S. mail at U.S. (acceptable file formats are Adobe enhance species propagation or Fish and Wildlife Service, 5275 Acrobat PDF, MS Word, MS survival: Nile crocodile (Crocodylus Leesburg Pike MS: MB, Falls Church, PowerPoint, or rich text file). niloticus), Cuban crocodile (Crocodylus Virginia 22041. rhombifer), Siamese crocodile Giving an Oral Presentation SUPPLEMENTARY INFORMATION: (Crocodylus siamensis), Saltwater Individuals or groups requesting to crocodile (Crocodylus porosus), West About the Council make an oral presentation at the African dwarf crocodile (Osteolaemus In accordance with NAWCA (Pub. L. teleconference will be limited to 2 tetraspis osborni), Galapagos tortoise 101–233, 103 Stat. 1968, December 13, minutes per speaker, with no more than (Chelonoidis nigra), and Military macaw 1989, as amended), the State-private- a total of 30 minutes for all speakers. (Ara militaris). This notification covers Federal Council meets to consider Interested parties should contact the activities to be conducted by the wetland acquisition, restoration, Council Coordinator by the date above, applicant over a 5-year period. enhancement, and management projects in writing (preferably via email; see FOR for recommendation to, and final FURTHER INFORMATION CONTACT), Brenda Tapia, funding approval by, the Commission. to be placed on the public speaker list Program Analyst/Data Administrator, Branch The NAWCA provides matching for this teleconference. Nonregistered of Permits, Division of Management grants to organizations and individuals public speakers will not be considered Authority. who have developed partnerships to during the Council teleconference. [FR Doc. 2016–00807 Filed 1–15–16; 8:45 am] carry out wetlands conservation projects Registered speakers who wish to expand BILLING CODE 4333–15–P in the United States, Canada, and upon their oral statements, or those who Mexico. These projects must involve had wished to speak but could not be long-term protection, restoration, and/or accommodated on the agenda, are enhancement of wetlands and invited to submit written statements to associated uplands habitats for the the Council within 30 days following benefit of all wetlands-associated the teleconference.

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Teleconference Minutes pending consideration of the protest. A DEPARTMENT OF THE INTERIOR Summary minutes of the Council plat will not be officially filed until the National Park Service teleconference will be maintained by day after all protests have been the Council Coordinator at the address dismissed or otherwise resolved. Before [NPS–WASO–NAGPRA–19652; under FOR FURTHER INFORMATION including your address, phone number, PPWOCRADN0–PCU00RP14.R50000] CONTACT. Teleconference notes will be email address, or other personal available by contacting the Council identifying information in your Notice of Inventory Completion: Coordinator within 30 days following comment, you should be aware that Thomas Burke Memorial Washington the teleconference. Personal copies may your entire comment—including your State Museum, University of be purchased for the cost of duplication. personal identifying information—may Washington, Seattle, WA; Correction be made publicly available at any time. Jerome Ford, AGENCY: National Park Service, Interior. While you can ask us in your comment Assistant Director, Migratory Birds. ACTION: Notice; correction. to withhold your personal identifying [FR Doc. 2016–00826 Filed 1–15–16; 8:45 am] information from public review, we SUMMARY: The Thomas Burke Memorial BILLING CODE 4333–15–P cannot guarantee that we will be able to Washington State Museum, University do so. of Washington (Burke Museum) has corrected an inventory of human DEPARTMENT OF THE INTERIOR Mount Diablo Meridian, California remains and associated funerary objects, Bureau of Land Management T. 5 N., R. 10 E., dependent resurvey and published in a Notice of Inventory subdivision of section 32, accepted Completion in the Federal Register on [LLCA942000 L57000000.BX0000 15X July 30, 2013. This notice corrects the L5017AR] January 7, 2016. T. 1 S., R. 18 E., dependent resurvey and number of associated funerary objects. Filing of Plats of Survey: California subdivision of section 10, accepted Lineal descendants or representatives of January 7, 2016. any Indian tribe or Native Hawaiian AGENCY: Bureau of Land Management, organization not identified in this notice Interior. San Bernardino Meridian, California that wish to request transfer of control ACTION: Notice. T. 4 N., R. 3 E., dependent resurvey, of these human remains and associated subdivision of sections and metes-and- funerary objects should submit a written SUMMARY: The plats of survey of lands bounds survey accepted November 16, request to the Burke Museum. If no described below are scheduled to be 2015. additional requestors come forward, officially filed in the Bureau of Land T. 4 N., R. 4 E., dependent resurvey, transfer of control of the human remains Management, California State Office, subdivision of sections and metes-and- and associated funerary objects to the Sacramento, California. bounds survey accepted November 19, lineal descendants, Indian tribes, or DATES: February 18, 2016. 2015. Native Hawaiian organizations stated in T. 7 S., R. 15 E., supplemental plat of the SE ADDRESSES: A copy of the plats may be this notice may proceed. 1/4 of section 33, accepted November 20, obtained from the California State DATES: Lineal descendants or Office, Bureau of Land Management, 2015. representatives of any Indian tribe or 2800 Cottage Way, Sacramento, T. 8 S., R. 12 E., supplemental plat of the NW Native Hawaiian organization not 1/4 of section 5, accepted November 24, California 95825, upon required identified in this notice that wish to 2015. payment. request transfer of control of these T. 7 S., R. 12 E., supplemental plat of the SE human remains and associated funerary FOR FURTHER INFORMATION CONTACT: 1/4 and the SW 1/4 of section 36, objects should submit a written request Chief, Branch of Geographic Services, accepted November 24, 2015. Bureau of Land Management, California T. 8 S., R. 17 E., supplemental plat of the SW with information in support of the State Office, 2800 Cottage Way W–1623, 1/4 of section 32, accepted November 24, request to the Burke Museum at the Sacramento, California 95825, 1–916– 2015. address in this notice by February 18, 978–4310. Persons who use a T. 2 N., R. 10 E., dependent resurvey and 2016. telecommunications device for the deaf metes-and-bounds survey accepted ADDRESSES: Peter Lape, Burke Museum, (TDD) may call the Federal Information December 1, 2015. University of Washington, Box 353010, Relay Service (FIRS) at 1–800–877–8339 T. 6 N., R. 4 E., dependent resurvey and Seattle, WA 98195, telephone (206) to contact the above individual during metes-and-bounds survey accepted 685–3849 x2, email [email protected]. normal business hours. The FIRS is December 21, 2015. SUPPLEMENTARY INFORMATION: Notice is available 24 hours a day, 7 days a week, T. 6 N., R. 3 E., dependent resurvey and here given in accordance with the to leave a message or question with the metes-and-bounds survey accepted Native American Graves Protection and above individual. You will receive a December 21, 2015. Repatriation Act (NAGPRA), 25 U.S.C. reply during normal business hours. T. 5 N., R. 3 E., dependent resurvey, survey 3003, of the correction of an inventory SUPPLEMENTARY INFORMATION: A person and metes-and-bounds survey accepted of human remains and associated or party who wishes to protest a survey December 29, 2015. funerary objects under the control of the must file a notice that they wish to Authority: 43 U.S.C., Chapter 3. Burke Museum, Seattle, WA. The protest with the Chief, Branch of human remains and associated funerary Geographic Services. A statement of Dated: January 12, 2016. objects were removed from Island reasons for a protest may be filed with Lance J. Bishop, County, WA. the notice of protest and must be filed Chief Cadastral Surveyor, California. This notice is published as part of the with the Chief, Branch of Geographic [FR Doc. 2016–00851 Filed 1–15–16; 8:45 am] National Park Service’s administrative Services within thirty days after the BILLING CODE 4310–40–P responsibilities under NAGPRA, 25 protest is filed. If a protest against the U.S.C. 3003(d)(3). The determinations in survey is received prior to the date of this notice are the sole responsibility of official filing, the filing will be stayed the museum, institution, or Federal

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agency that has control of the Native Tribal Community (previously known as boundary of Congaree National Park for American human remains and Swinomish Indians of the Swinomish wilderness eligibility. The lands to be associated funerary objects. The Reservation of Washington); and the assessed are approximately 4,576 acres National Park Service is not responsible Tulalip Tribes of Washington added to the park boundary since 2003 for the determinations in this notice. (previously listed as the Tulalip Tribes by virtue of Section 148 of Public Law This notice corrects the number of of the Tulalip Reservation, Washington) 108–108 (November 10, 2003) and associated funerary objects published in may proceed. approximately 100 acres under a Notice of Inventory Completion in the The Burke Museum is responsible for consideration for addition to the park Federal Register (78 FR 45958–45959, notifying the Lummi Tribe of the via NPS’ minor boundary modification July 30, 2013). While cataloging, Lummi Reservation; Samish Indian authority (54 U.S.C. 100506 (c)(5)). A additional documentation was found Nation (previously listed as the Samish determination of eligibility and indicating that three items were Indian Tribe, Washington); Sauk- subsequent future actions will be funerary objects. Transfer of control of Suiattle Indian Tribe; Stillaguamish announced in the Federal Register upon the items in this correction notice has Tribe of Indians of Washington completion of the assessment. not occurred. (previously listed as Stillaguamish Tribe Dated: December 28, 2015. of Washington); Swinomish Indian Correction Stan Austin, Tribal Community (previously known as Regional Director, Southeast Region. In the Federal Register (78 FR 45958– Swinomish Indians of the Swinomish 45959, July 30, 2013), paragraph 7, Reservation of Washington); Tulalip [FR Doc. 2016–00804 Filed 1–15–16; 8:45 am] sentence 5 is corrected by substituting Tribes of Washington (previously listed BILLING CODE 4310–JD–P the following sentence: as the Tulalip Tribes of the Tulalip The 35 associated funerary objects are 2 Reservation, Washington); and the DEPARTMENT OF THE INTERIOR lots of unmodified wood; 2 lots of wood Upper Skagit Indian Tribe that this grave stakes; 2 metal objects; 1 pair of notice has been published. National Park Service scissors; 1 black plastic comb; 2 shells; 1 Dated: October 21, 2015. modified bone fragment; 1 unmodified bone [NPS–PWR–YOSE–19170; fragment; 1 stone abrader; 1 .22 caliber gun; Melanie O’Brien, PS.SPWLA0056.00.1] 3 bags of buttons (glass, porcelain, bone, Manager, National NAGPRA Program. copper); 8 U.S. coins; 1 porcelain doll head; [FR Doc. 2016–00915 Filed 1–15–16; 8:45 am] Minor Boundary Revision at Yosemite 1 bag containing metal buckle fragments; 1 National Park BILLING CODE 4312–50–P lot of marbles; 1 stone ulu; and 6 composite artifact bags containing wood, nails, charcoal, AGENCY: National Park Service, Interior. pebbles, metal, leather, watch faces, a watch ACTION: Notification of Boundary DEPARTMENT OF INTERIOR chain, and organic and inorganic materials. Revision. In the Federal Register (78 FR 45958– National Park Service SUMMARY: The boundary of Yosemite 45959, July 30, 2013), paragraph 20 is [NPS–SERO–CONG–19127; PPSESEROC3, National Park is modified to include 400 corrected by substituting the following PMP00UP05.YP0000] acres of land located in Tuolumne paragraph: County, California, immediately Pursuant to 25 U.S.C. 3001(3)(A), the 35 Assessment of Eligible and Ineligible adjoining the current park boundary. objects described above are reasonably Lands for Consideration as Wilderness Subsequent to the proposed boundary believed to have been placed with or near Areas, Congaree National Park, South revision, the National Park Service individual human remains at the time of Carolina (NPS) will acquire the land by donation death or later as part of the death rite or from The Trust for Public Land, a ceremony. AGENCY: National Park Service, Interior. nonprofit conservation organization. ACTION: Notice of intent. Additional Requestors and Disposition DATES: The effective date of this SUMMARY: boundary revision is January 19, 2016. Lineal descendants or representatives The NPS intends to assess ADDRESSES: of any Indian tribe or Native Hawaiian certain lands within the authorized The map depicting this organization not identified in this notice boundary of Congaree National Park for boundary revision is available for that wish to request transfer of control wilderness eligibility. inspection at the following locations: of these human remains and associated DATES: The eligibility assessment will National Park Service, Land Resources funerary objects should submit a written begin on November 2, 2015 and is Program Center, Pacific West Region, request with information in support of anticipated to be completed by January 333 Bush Street, Suite 500, San the request to Peter Lape, Burke 29, 2016. Francisco, CA 94104, and National Park Museum, University of Washington, Box FOR FURTHER INFORMATION CONTACT: Service, Department of the Interior, 353010, Seattle, WA 98195, telephone Suggestions, comments, and requests for 1849 C Street NW., Washington, DC (206) 685–3849 x2, email [email protected] further information should be directed 20240. by February 18, 2016. After that date, if to Congaree National Park Integrated FOR FURTHER INFORMATION CONTACT: no additional requestors have come Resources Program Manager Liz Struhar Chief Realty Officer Gregory Gress, forward, transfer of control of the by phone at 803–647–3968, email Liz_ National Park Service, Land Resources human remains and associated funerary [email protected], or by mail at Congaree Program Center, Pacific West Region, objects to the Lummi Tribe of the National Park, 100 National Park Road, 333 Bush Street, Suite 500, San Lummi Reservation; Samish Indian Hopkins, South Carolina 29061. Francisco, CA 94104, telephone (415) Nation (previously listed as the Samish SUPPLEMENTARY INFORMATION: Pursuant 623–2120. Indian Tribe, Washington); Sauk- to the Wilderness Act of 1964, and in SUPPLEMENTARY INFORMATION: Notice is Suiattle Indian Tribe; the Stillaguamish accordance with National Park Service hereby given that, pursuant to 54 U.S.C. Tribe of Indians of Washington (NPS) Management Policies (2006), 100506(c), the boundary of Yosemite (previously listed as Stillaguamish Tribe Section 6.2.1, the NPS intends to assess National Park is modified to include 400 of Washington); Swinomish Indian certain lands within the authorized acres of land known as Ackerson

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Meadow and identified as NPS Tract human remains and associated funerary notice are reasonably believed to have 20–133, Tuolumne County tax parcel objects should submit a written request been placed with or near individual number 068–210–02–00. The boundary with information in support of the human remains at the time of death or revision is depicted on Map No. 104– request to the Carnegie Museum of later as part of the death rite or 127401 dated August 2015. Natural History at the address in this ceremony. 54 U.S.C. 100506(c) provides that, notice by February 18, 2016. Additional Requestors and Disposition after notifying the House Committee on ADDRESSES: Deborah G. Harding, Natural Resources and the Senate Carnegie Museum of Natural History, Lineal descendants or representatives Committee on Energy and Natural 5800 Baum Boulevard, Pittsburgh, PA of any Indian tribe or Native Hawaiian Resources, the Secretary of the Interior 15206, telephone (412) 665–2606. organization not identified in this notice that wish to request transfer of control is authorized to make this boundary SUPPLEMENTARY INFORMATION: Notice is of these human remains and associated revision upon publication of notice in here given in accordance with the funerary objects should submit a written the Federal Register. The Committees Native American Graves Protection and request with information in support of have been notified of this boundary Repatriation Act (NAGPRA), 25 U.S.C. the request to Deborah G. Harding, revision. The inclusion of the Ackerson 3003, of the correction of an inventory Carnegie Museum of Natural History, Meadow property within the park will of human remains and associated 5800 Baum Boulevard, Pittsburgh, PA enable the NPS to properly protect and funerary objects in the possession of the 15206, telephone (412) 665–2606, by manage significant animal and plant Carnegie Museum of Natural History, habitat. February 18, 2016. After that date, if no Pittsburgh, PA. The human remains and additional requestors have come Dated: October 7, 2015. associated funerary objects were forward, transfer of control of the Martha J. Lee, removed from the Chambers Site, human remains and associated funerary Acting Regional Director, Pacific West Region. 36LR11, in Lawrence County, PA. objects to the Delaware Tribe of Indians This notice is published as part of the may proceed. This document was received at the National Park Service’s administrative Federal Register on January 12, 2016. The Carnegie Museum of Natural responsibilities under NAGPRA, 25 History is responsible for notifying the [FR Doc. 2016–00790 Filed 1–15–16; 8:45 am] U.S.C. 3003(d)(3). The determinations in BILLING CODE 4312–FF–P Delaware Tribe of Indians that this this notice are the sole responsibility of notice has been published. the museum, institution, or Federal agency that has control of the Native Dated: October 21, 2015. DEPARTMENT OF THE INTERIOR American human remains and Melanie O’Brien, National Park Service associated funerary objects. The Manager, National NAGPRA Program. National Park Service is not responsible [FR Doc. 2016–00916 Filed 1–15–16; 8:45 am] [NPS–WASO–NAGPRA–19632; for the determinations in this notice. BILLING CODE 4312–50–P PPWOCRADN0–PCU00RP14.R50000] This notice corrects the number of associated funerary objects published in Notice of Inventory Completion: a Notice of Inventory Completion in the Carnegie Museum of Natural History, INTERNATIONAL TRADE Federal Register (79 FR 71120, Pittsburgh, Pennsylvania; Correction COMMISSION December 1, 2014). Transfer of control of the items in this correction notice has [Investigation No. 731–TA–1279 AGENCY: National Park Service, Interior. (Preliminary)] ACTION: Notice; correction. not occurred. Correction Hydrofluorocarbon Blends and SUMMARY: The Carnegie Museum of Components From China; In the Federal Register (79 FR 71120, Natural History has corrected an Determination inventory of human remains and December 1, 2014), paragraph 7, associated funerary objects, published sentence 5, is corrected by substituting On the basis of the record 1 developed in a Notice of Inventory Completion in the following sentence: in the subject investigation, the United the Federal Register on December 1, The 3,336 associated funerary objects States International Trade Commission 2014. This notice corrects the number of include 3,055 glass seed; 8 tubular beads; 1 (‘‘Commission’’) determines, pursuant associated funerary objects. Lineal mass of seed beads in matrix (uncounted); 2 to the Tariff Act of 1930 (‘‘the Act’’), descendants or representatives of any silver hair ornaments; 9 copper alloy tinklers; that there is a reasonable indication that Indian tribe or Native Hawaiian 140 wrought iron nails and fragments and an industry in the United States is attached wood (coffin fragments); 2 hawk organization not identified in this notice materially injured by reason of imports bells; 2 thimbles; 1 copper alloy brooch or of hydrofluorocarbon blends and that wish to request transfer of control buckle; 1 braided wire bracelet; 1 silver band of these human remains and associated or bracelet; 1 copper alloy bracelet; 1 iron components from China, provided for in funerary objects should submit a written knife blade; 15 grit-tempered pottery subheadings 3824.78.00 and 2903.39.20 request to the Carnegie Museum of fragments; 32 fragments of non-human bone of the Harmonized Tariff Schedule of Natural History. If no additional (deer, sheep or goat, pig, and cow); 20 the United States, that are alleged to be requestors come forward, transfer of chipped stone tools; 52 chipped stone flakes sold in the United States at less than fair and fragments; 3 ground stone pieces; 5 value (‘‘LTFV’’). control of the human remains and projectile points; 4 hammerstones; 2 hematite associated funerary objects to the lineal fragments; 5 pieces of charcoal; 1 piece of Commencement of Final Phase descendants, Indian tribes, or Native bark or fabric; 1 tiny fragment of organic Investigation Hawaiian organizations stated in this material; 1 lump of matrix containing bone notice may proceed. or metal fragments; and 1 natural stone. Pursuant to section 207.18 of the Commission’s rules, the Commission DATES: Lineal descendants or In the Federal Register (79 FR 71120, also gives notice of the commencement representatives of any Indian tribe or December 1, 2014), paragraph 11 is

Native Hawaiian organization not corrected by substituting the following: 1 • The record is defined in sec. 207.2(f) of the identified in this notice that wish to Pursuant to 25 U.S.C. 3001(3)(A), Commission’s Rules of Practice and Procedure (19 request transfer of control of these the 3,336 objects described in this CFR 207.2(f)).

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of the final phase of its investigation. opportunity were permitted to appear in International Trade Commission The Commission will issue a final phase person or by counsel. Building, 500 E Street SW., Washington, notice of scheduling, which will be The Commission made this DC. All written submissions should be published in the Federal Register as determination pursuant to section addressed to the Secretary, United provided in section 207.21 of the 733(a) of the Tariff Act of 1930 (19 States International Trade Commission, Commission’s rules, upon notice from U.S.C. 1673b(a)). It completed and filed 500 E Street SW., Washington, DC the Department of Commerce its determination in this investigation 20436. The public record for this (‘Commerce’’) of an affirmative on August 10, 2015. The views of the investigation may be viewed on the preliminary determination in the Commission are contained in USITC Commission’s electronic docket (EDIS) investigation under section 733(b) of the Publication 4558 (August 2015), entitled at http://www.usitc.gov/secretary/ Act, or, if the preliminary determination Hydrofluorocarbon Blends and edis.htm. is negative, upon notice of an Components from China: Investigation FOR FURTHER INFORMATION CONTACT: affirmative final determination in that No. 731–TA–1279 (Preliminary). Information specific to this investigation investigation under section 735(a) of the By order of the Commission. may be obtained from Mahnaz Khan, Act. Parties that filed entries of Dated: August 11, 2015. Project Leader, Office of Industries appearance in the preliminary phase of William R. Bishop, (202–205–2046 or mahnaz.khan@ the investigation need not enter a Supervisory Hearings and Information usitc.gov), Jessica Pugliese, Deputy separate appearance for the final phase Officer. Project Leader, Office of Industries of the investigation. Industrial users, EDITORIAL NOTE: This document was (202–205–3064 or jessica.pugliese@ and, if the merchandise under received for publication by the Office of investigation is sold at the retail level, usitc.gov), or Cynthia Foreso, Technical the Federal Register on January 13, representative consumer organizations Advisor, Office of Industries (202–205– 2016. have the right to appear as parties in 3348 or [email protected]). For [FR Doc. 2016–00874 Filed 1–15–16; 8:45 am] Commission antidumping and information on the legal aspects of this countervailing duty investigations. The BILLING CODE 7020–02–P investigation, contact William Gearhart Secretary will prepare a public service of the Commission’s Office of the list containing the names and addresses General Counsel (202–205–3091 or INTERNATIONAL TRADE [email protected]). The media of all persons, or their representatives, COMMISSION who are parties to the investigation. should contact Margaret O’Laughlin, [Investigation No. 332–556] Office of External Relations (202–205– Background 1819 or [email protected]). On June 25, 2015, American HFC Generalized System of Preferences: Hearing-impaired individuals may Coalition, and its members: Amtrol, Possible Modifications, 2015 Review obtain information on this matter by Inc., West Warwick, Rhode Island; contacting the Commission’s TDD AGENCY: United States International Arkema, Inc., King of Prussia, terminal at 202–205–1810. General Trade Commission. Pennsylvania; The Chemours Company information concerning the Commission FC LLC, Wilmington, Delaware; ACTION: Notice of institution of may also be obtained by accessing its Honeywell International Inc., investigation and scheduling of public Web site (http://www.usitc.gov). Persons Morristown, New Jersey; Hudson hearing. with mobility impairments who will need special assistance in gaining access Technologies, Pearl River, New York; SUMMARY: Following receipt of a request to the Commission should contact the Mexichem Fluor Inc., St. Gabriel, on December 30, 2015, from the United Office of the Secretary at 202–205–2000. Louisiana; Worthington Industries, Inc., States Trade Representative (USTR), the Columbus, Ohio; and District Lodge 154 U.S. International Trade Commission Background of the International Association of (Commission) instituted investigation In his letter, the USTR requested the Machinists and Aerospace Workers filed No. 332–556, Generalized System of a petition with the Commission and advice and information described Preferences: Possible Modifications, Commerce, alleging that an industry in below. 2015 Review, for the purpose of the United States is materially injured (1) Advice concerning the probable providing advice and information by reason of LTFV imports of economic effect of elimination of U.S. relating to the possible designation of hydrofluorocarbon blends and import duties on certain articles from all additional articles, removal of articles, components from China. Accordingly, beneficiary developing countries under and waiver of competitive need effective July 2, 2015, the Commission, the GSP program. In accordance with limitations. pursuant to section 733(a) of the Tariff sections 503(a)(1)(A), 503(e), and 131(a) Act of 1930 (19 U.S.C. 1673b(a)), DATES: of the Trade Act of 1974, as amended instituted antidumping duty February 1, 2016: Deadline for filing (‘‘the 1974 Act’’) (19 U.S.C. investigation No. 731–TA–1279 requests to appear at the public hearing. 2463(a)(1)(A), 2463(e), and 2151(a)), and (Preliminary). February 3, 2016: Deadline for filing pursuant to the authority of the Notice of the institution of the pre-hearing briefs and statements. President delegated to the USTR by Commission’s investigation and of a February 24, 2016: Public hearing. sections 4(c) and 8(c) and (d) of public conference to be held in February 29, 2016: Deadline for filing Executive Order 11846 of March 31, connection therewith was given by post-hearing briefs and statements. 1975, as amended, and pursuant to posting copies of the notice in the Office February 29, 2016: Deadline for filing section 332(g) of the Tariff Act of 1930 of the Secretary, U.S. International all other written submissions. (19 U.S.C. 1332(g)), the USTR notified Trade Commission, Washington, DC, April 28, 2016: Transmittal of the Commission that the articles and by publishing the notice in the Commission report to the United States identified in Table A of the Annex to Federal Register of July 2, 2015 (80 FR Trade Representative. the USTR request letter are being 38231). The conference was held in ADDRESSES: All Commission offices, considered for designation as eligible Washington, DC, on July 16, 2015, and including the Commission’s hearing articles for purposes of the GSP all persons who requested the rooms, are located in the United States program. The USTR requested that the

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Commission provide its advice as to the countries. In accordance with sections (LDBDCs) and for countries listed in probable economic effect on total U.S. 503(a)(1)(B), 503(e), 506A(b)(1), and section 107 of the African Growth and imports, U.S. industries producing like 131(a) of the 1974 Act, and pursuant to Opportunity Act (AGOA) (19 U.S.C. or directly competitive articles, and on the authority of the President delegated 3706). The USTR requested that the U.S. consumers of the elimination of to the USTR by sections 4(c) and 8(c) Commission provide its advice as to the U.S. import duties on the articles and (d) of Executive Order 11846 of probable economic effect on total U.S. identified in Table A of the Annex to March 31, 1975, as amended, and imports, U.S. industries producing like the USTR request letter for all pursuant to section 332(g) of the Tariff or directly competitive articles, and on beneficiary developing countries under Act of 1930, the USTR notified the U.S. consumers of the elimination of the GSP program (see Table A below). Commission that certain handbags and U.S. import duties on certain handbag (2) Advice concerning the probable economic effect of elimination of U.S. travel goods products identified in and travel goods products identified in import duties on certain handbags and Table A of the Annex to the USTR Table A for LDBDCs, AGOA beneficiary travel goods products for least- request letter are also being considered developing countries, and both LDBDCs developed beneficiary developing for designation as eligible articles for and AGOA beneficiary developing countries (LDBDCs) and certain African countries designated as least-developed countries combined under the GSP Growth and Opportunity (AGOA) beneficiary developing countries program (see Table A below).

TABLE A—POSSIBLE ADDITIONS TO THE LIST OF PRODUCTS ELIGIBLE FOR THE GSP ELIGIBLE PRODUCTS

HTS Subheading or statistical reporting number Brief description Country(ies)

2204.21.20 ...... Effervescent wine ...... Beneficiary Developing Countries. 3301.13.00 ...... Essential oils of lemon ...... Beneficiary Developing Countries. 7202.11.50 ...... Ferromanganese containing by weight more Beneficiary Developing Countries. than 4 percent of carbon. 4202.11.00; 4202.11.00.30; 4202.11.00.90; Certain handbags and travel goods products Beneficiary Developing Countries, Less De- 4202.12.40; 4202.21.60; 4202.21.90; veloped Beneficiary Developing countries, 4202.22.15; 4202.22.45; 4202.31.60; and AGOA countries. 4202.32.40; 4202.32.80; 4202.92.15; 4202.92.20; 4202.92.45; 4202.99.90; 4202.12.20.20; 4202.12.20.50; 4202.12.80.30; 4202.12.80.70; 4202.22.80.50; 4202.32.95.50; 4202.32.95.60; 4202.91.00.30; 4202.91.00.90.

(3) Advice concerning the probable specified countries. Under authority from eligibility for duty-free treatment economic effect of removal of certain delegated by the President, pursuant to under the GSP program for such articles articles from specified countries from section 332(g) of the Tariff Act of 1930, from the specified country on total U.S. eligibility for duty-free treatment. The with respect to articles listed in Table B imports, U.S. industries producing like USTR notified the Commission that of the Annex to the USTR request letter, or directly competitive articles, and on certain articles are being considered for the USTR requested that the U.S. consumers (see Table B below). removal from eligibility for duty free Commission provide its advice as to the treatment under the GSP program from probable economic effect of the removal

TABLE B—POSSIBLE REMOVALS FROM DUTY-FREE STATUS FROM THE SPECIFIED COUNTRY FOR A PRODUCT ON THE LIST OF ELIGIBLE ARTICLES FOR THE GSP

HTS Subheading Brief description Country

3204.20.10 ...... Fluorescent brightening agent 32 ...... India and Indonesia. 3204.20.80 ...... Other fluorescent brightening agents ...... India and Indonesia. 3907.60.00 ...... PET resin (polyethylene terephthalate in primary forms) India. 3920.62.00 ...... Nonadhesive plates, sheets, film, foil and strip, noncel- Brazil. lular, of polyethylene terephthalate. 3921.90.40 ...... Nonadhesive plates, sheets, film, foil and strip, flexible, Brazil. nesoi, of noncellular plastics.

(4) Advice concerning waiver of by a waiver of the competitive need competitive products were being certain competitive need limitations. limitations specified in section produced in the United States on Under authority delegated by the 503(c)(2)(A) of the 1974 Act for the January 1, 1995. The USTR also President, pursuant to section 332(g) of countries and articles specified in Table requested that the Commission provide the Tariff Act of 1930, and in C of the attached Annex to the request its advice as to the probable economic accordance with section 503(d)(1)(A) of letter (see Table C below). Further, in effect on total U.S. imports, as well as the 1974 Act, the USTR requested that accordance with section 503(c)(2)(E) of on consumers, of the requested waivers. the Commission provide advice on the 1974 Act, the USTR requested that With respect to the competitive need whether any industry in the United the Commission provide its advice with limit in section 503(c)(2(A)(i)(I) of the States is likely to be adversely affected respect to whether like or directly 1974 Act, the USTR requested that the

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Commission use the dollar value limit of $170,000,000.

TABLE C—POSSIBLE WAIVERS OF THE CNL FROM A SPECIFIC COUNTRY

HTS Subheading Brief description Country

0804.10.60 ...... Dates, fresh or dried, whole, without pits, packed in Tunisia. units weighing over 4.6 kg. 1509.10.40 ...... Virgin olive oil and its fractions, whether or not refined, Tunisia. not chemically modified, weighing with the immediate container 18 kg or over. 2102.20.60 ...... Single-cell micro-organisms, dead, excluding yeasts, Brazil. (but not including vaccines of heading 3002). 2202.90.90 ...... Nonalcoholic beverages, nesi, not including fruit or veg- Thailand. etable juices of heading 2009. 2804.29.00 ...... Rare gases, other than argon ...... Ukraine. 4202.92.04 ...... Insulated beverage bag w/outer surface textiles, interior Philippines. only flexible plastic container storing/dispensing bev- erage thru flexible tubing. 6911.10.37 ...... Porcelain or china (o/than bone china) household table Indonesia. & kitchenware in sets in which aggregate val. of arts./ U.S. note 6(b) o/$56 n/o $200. 8708.50.95 ...... Parts & accessories of motor vehicle of 8701, nesoi, India. 8702 and 8704–8705, half-shafts.

Time for reporting, HTS detail, should be filed no later than 5:15 p.m., of Practice and Procedure (19 CFR portions of report to be classified. As February 29, 2016. All requests to 201.6). Section 201.6 of the rules requested by the USTR, the Commission appear, and pre- and post-hearing briefs requires that the cover of the document will provide the requested advice and and statements should be filed in and the individual pages be clearly information by April 28, 2016. The accordance with the requirements of the marked as to whether they are the USTR asked that the Commission issue, ‘‘written submissions’’ section below. ‘‘confidential’’ or ‘‘non-confidential’’ as soon as possible thereafter, a public Written Submissions version, and that the confidential version of the report containing only the business information is clearly unclassified information, with any In lieu of or in addition to appearing identified by means of brackets. All confidential business information at the hearing, interested parties are written submissions, except for deleted. As requested, the Commission invited to file written submissions confidential business information, will will provide its advice and statistics concerning this investigation. All be made available for inspection by (profile of the U.S. industry and market written submissions should be interested parties. and U.S. import and export data) and addressed to the Secretary, and should any other relevant information or advice be received not later than 5:15 p.m., The Commission may include some or separately and individually for each February 29, 2016. All written all of the confidential business U.S. Harmonized Tariff Schedule submissions must conform with the information submitted in the course of subheading for all products subject to provisions of section 201.8 of the this investigation in the report it sends the request. The USTR indicated that Commission’s Rules of Practice and to the USTR. Additionally, all those sections of the Commission’s Procedure (19 CFR 201.8). Section 201.8 information, including confidential report and working papers that contain and the Commission’s Handbook on business information, submitted in this the Commission’s advice and Filing Procedures require that interested investigation may be disclosed to and assessment will be classified as parties file documents electronically on used: (i) By the Commission, its ‘‘confidential.’’ The USTR also stated or before the filing deadline and submit employees and Offices, and contract that his office considers the eight (8) true paper copies by 12:00 p.m. personnel (a) for developing or Commission’s report to be an inter- eastern time on the next business day. maintaining the records of this or a agency memorandum that will contain In the event that confidential treatment related proceeding, or (b) in internal pre-decisional advice and be subject to of a document is requested, interested investigations, audits, reviews, and the deliberative process privilege. parties must file, at the same time as the evaluations relating to the programs, eight paper copies, at least four (4) Public Hearing personnel, and operations of the additional true paper copies in which Commission including under 5 U.S.C. the confidential information must be A public hearing in connection with Appendix 3; or (ii) by U.S. government deleted (see the following paragraph for this investigation will be held at the employees and contract personnel (a) further information regarding U.S. International Trade Commission for cybersecurity purposes or (b) in confidential business information). Building, 500 E Street SW., Washington, monitoring user activity on U.S. DC, beginning at 9:30 a.m. on February Persons with questions regarding government classified networks. The 24, 2016. Requests to appear at the electronic filing should contact the Commission will not otherwise disclose public hearing should be filed with the Office of the Secretary, Docket Services any confidential business information in Secretary no later than 5:15 p.m., Division (202–205–1802). February 1, 2016. All pre-hearing briefs Any submissions that contain a manner that would reveal the and statements should be filed no later confidential business information must operations of the firm supplying the than 5:15 p.m., February 3, 2016; and all also conform with the requirements of information. post-hearing briefs and statements section 201.6 of the Commission’s Rules

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Summaries of Written Submissions DEPARTMENT OF JUSTICE The DEA has considered the factors in The Commission intends to publish 21 U.S.C. 823, 952(a) and 958(a) and Drug Enforcement Administration summaries of the positions of interested determined that the registration of persons. Persons wishing to have a Lipomed, Inc. to import the basic summary of their position included in [Docket No. DEA–392] classes of controlled substances is the report should include a summary consistent with the public interest and with their written submission. The Importer of Controlled Substances with United States obligations under summary may not exceed 500 words, Registration: Lipomed, Inc. international treaties, conventions, or should be in MSWord format or a format ACTION: Notice of registration. protocols in effect on May 1, 1971. The that can be easily converted to MSWord, DEA investigated the company’s and should not include any confidential SUMMARY: Lipomed, Inc. applied to be maintenance of effective controls business information. The summary will registered as an importer of certain basic against diversion by inspecting and be published as provided if it meets classes of controlled substances. The testing the company’s physical security these requirements and is germane to Drug Enforcement Administration systems, verifying the company’s the subject matter of the investigation. (DEA) grants Lipomed, Inc. registration compliance with state and local laws, The Commission will identify the name as an importer of those controlled and reviewing the company’s of the organization furnishing the substances. background and history. summary and will include a link to the Commission’s Electronic Document SUPPLEMENTARY INFORMATION: By notice Therefore, pursuant to 21 U.S.C. Information System (EDIS) where the dated June 25, 2015, and published in 952(a) and 958(a), and in accordance full written submission can be found. the Federal Register on July 6, 2015, 80 with 21 CFR 1301.34, the above-named FR 38468, Lipomed, Inc., One By order of the Commission. company is granted registration as an Broadway, Cambridge, Massachusetts importer of controlled substances: Issued: January 12, 2016. 02142 applied to be registered as an Lisa R. Barton, importer of certain basic classes of Secretary to the Commission. controlled substances. No comments or [FR Doc. 2016–00771 Filed 1–15–16; 8:45 am] objections were submitted for this BILLING CODE 7020–02–P notice.

Controlled substance Schedule

Cathinone (1235) ...... I Methcathinone (1237) ...... I Mephedrone (4-Methyl-N-methylcathinone) (1248) ...... I N-Ethylamphetamine (1475) ...... I N,N-Dimethylamphetamine (1480) ...... I Fenethylline (1503) ...... I Aminorex (1585) ...... I 4-Methylaminorex (cis isomer) (1590) ...... I Gamma Hydroxybutyric Acid (2010) ...... I Methaqualone (2565) ...... I Mecloqualone (2572) ...... I JWH–250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) (6250) ...... I SR–18 (Also known as RCS–8) (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl) indole) (7008) ...... I JWH–019 (1-Hexyl-3-(1-naphthoyl)indole) (7019) ...... I JWH–081 (1-Pentyl-3-(1-(4-methoxynaphthoyl) indole) (7081) ...... I SR–19 (Also known as RCS–4) (1-Pentyl-3-[(4-methoxy)-benzoyl] indole (7104) ...... I JWH–018 (also known as AM678) (1-Pentyl-3-(1-naphthoyl) indole) (7118) ...... I JWH–122 (1-Pentyl-3-(4-methyl-1-naphthoyl) indole) (7122) ...... I JWH–073 (1-Butyl-3-(1-naphthoyl)indole) (7173) ...... I JWH–200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl) indole) (7200) ...... I AM–2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl) indole) (7201) ...... I JWH–203 (1-Pentyl-3-(2-chlorophenylacetyl) indole) (7203) ...... I Alpha-ethyltryptamine (7249) ...... I Ibogaine (7260) ...... I CP–47,497 (5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl-phenol) (7297) ...... I CP–47,497 C8 Homologue (5-(1,1-Dimethyloctyl)-2-[(1R,3S)3-hydroxycyclohexyl-phenol) (7298) ...... I Lysergic acid diethylamide (7315) ...... I 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C–T–7) (7348) ...... I Marihuana (7360) ...... I Tetrahydrocannabinols (7370) ...... I Parahexyl (7374) ...... I Mescaline (7381) ...... I 2-(4-Ethylthio-2,5-dimethoxyphenyl) ethanamine (2C–T–2) (7385) ...... I 3,4,5-Trimethoxyamphetamine (7390) ...... I 4-Bromo-2,5-dimethoxyamphetamine (7391) ...... I 4-Bromo-2,5-dimethoxyphenethylamine (7392) ...... I 4-Methyl-2,5-dimethoxyamphetamine (7395) ...... I 2,5-Dimethoxyamphetamine (7396) ...... I JWH–398 (1-Pentyl-3-(4-chloro-1-naphthoyl) indole (7398) ...... I 2,5-Dimethoxy-4-ethylamphetamine (7399) ...... I 3,4-Methylenedioxyamphetamine (7400) ...... I 5-Methoxy-3,4-methylenedioxyamphetamine (7401) ...... I

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Controlled substance Schedule

N-Hydroxy-3,4-methylenedioxyamphetamine (7402) ...... I 3,4-Methylenedioxy-N-ethylamphetamine (7404) ...... I 3,4-Methylenedioxymethamphetamine (7405) ...... I 4-Methoxyamphetamine (7411) ...... I 5-Methoxy-N-N-dimethyltryptamine (7431) ...... I Alpha-methyltryptamine (7432) ...... I Bufotenine (7433) ...... I Psilocybin (7437) ...... I Psilocyn (7438) ...... I 5-Methoxy-N,N-diisopropyltryptamine (7439) ...... I N-Ethyl-1-phenylcyclohexylamine (7455) ...... I 1-[1-(2-Thienyl)cyclohexyl]piperidine (7470) ...... I 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (7473) ...... I N-Ethyl-3-piperidyl benzilate (7482) ...... I N-Methyl-3-piperidyl benzilate (7484) ...... I N-Benzylpiperazine (7493) ...... I 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine (2C–D) (7508) ...... I 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C–E) (7509) ...... I 2-(2,5-Dimethoxyphenyl) ethanamine (2C–H) (7517) ...... I 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C–I) (7518) ...... I 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine (2C–C) (7519) ...... I 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C–N) (7521) ...... I 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C–P) (7524) ...... I 2-(4-Isopropylthio)-2,5-dimethoxyphenyl) ethanamine (2C–T–4) (7532) ...... I MDPV (3,4-Methylenedioxypyrovalerone) (7535) ...... I Methylone (3,4-Methylenedioxy-N-methylcathinone) (7540) ...... I AM–694 (1-(5-Fluropentyl)-3-(2-iodobenzoyl) indole) (7694) ...... I Acetyldihydrocodeine (9051) ...... I Benzylmorphine (9052) ...... I Codeine-N-oxide (9053) ...... I Cyprenorphine (9054) ...... I Desomorphine (9055) ...... I Etorphine (except HCI) (9056) ...... I Codeine methylbromide (9070) ...... I Dihydromorphine (9145) ...... I Difenoxin (9168) ...... I Heroin (9200) ...... I Hydromorphinol (9301) ...... I Methyldesorphine (9302) ...... I Methyldihydromorphine (9304) ...... I Morphine methylbromide (9305) ...... I Morphine methylsulfonate (9306) ...... I Morphine-N-oxide (9307) ...... I Myrophine (9308) ...... I Nicocodeine (9309) ...... I Nicomorphine (9312) ...... I Normorphine (9313) ...... I Pholcodine (9314) ...... I Thebacon (9315) ...... I Acetorphine (9319) ...... I Acetylmethadol (9601) ...... I Allylprodine (9602) ...... I Alphacetylmethadol except levo-alphacetyl-methadol (9603) ...... I Alphamethadol (9605) ...... I Dioxaphetyl butyrate (9621) ...... I Dipipanone (9622) ...... I Ethylmethylthiambutene (9623) ...... I Etonitazene (9624) ...... I Etoxeridine (9625) ...... I Furethidine (9626) ...... I Hydroxypethidine (9627) ...... I Ketobemidone (9628) ...... I Levomoramide (9629) ...... I Levophenacylmorphan (9631) ...... I Morpheridine (9632) ...... I Noracymethadol (9633) ...... I Norlevorphanol (9634) ...... I Normethadone (9635) ...... I Norpipanone (9636) ...... I Phenadoxone (9637) ...... I Phenampromide (9638) ...... I Phenoperidine (9641) ...... I Piritramide (9642) ...... I Proheptazine (9643) ...... I

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Controlled substance Schedule

Properidine (9644) ...... I Racemoramide (9645) ...... I Trimeperidine (9646) ...... I Phenomorphan (9647) ...... I Propiram (9649) ...... I Tilidine (9750) ...... I Para-Fluorofentanyl (9812) ...... I 3-Methylfentanyl (9813) ...... I Acetyl-alpha-methylfentanyl (9815) ...... I Beta-hydroxy-3-methylfentanyl (9831) ...... I Amphetamine (1100) ...... II Methamphetamine (1105) ...... II Lisdexamfetamine (1205) ...... II Phenmetrazine (1631) ...... II Methylphenidate (1724) ...... II Amobarbital (2125) ...... II Pentobarbital (2270) ...... II Secobarbital (2315) ...... II Glutethimide (2550) ...... II Nabilone (7379) ...... II 1-Phenylcyclohexylamine (7460) ...... II Phencyclidine (7471) ...... II 4-Anilino-N-phenethyl-4-piperidine (8333) ...... II Phenylacetone (8501) ...... II 1-Piperidinocyclohexanecarbonitrile (8603) ...... II Alphaprodine (9010) ...... II Anileridine (9020) ...... II Cocaine (9041) ...... II Codeine (9050) ...... II Etorphine HCI (9059) ...... II Dihydrocodeine (9120) ...... II Oxycodone (9143) ...... II Hydromorphone (9150) ...... II Diphenoxylate (9170) ...... II Ecgonine (9180) ...... II Ethylmorphine (9190) ...... II Hydrocodone (9193) ...... II Levomethorphan (9210) ...... II Levorphanol (9220) ...... II Isomethadone (9226) ...... II Meperidine (9230) ...... II Meperidine intermediate-B (9233) ...... II Metazocine (9240) ...... II Methadone (9250) ...... II Methadone intermediate (9254) ...... II Metopon (9260) ...... II Dextropropoxyphene, bulk (non-dosage forms) (9273) ...... II Morphine (9300) ...... II Thebaine (9333) ...... II Dihydroetorphine (9334) ...... II Levo-alphacetylmethadol (9648) ...... II Oxymorphone (9652) ...... II Noroxymorphone (9668) ...... II Phenazocine (9715) ...... II Piminodine (9730) ...... II Racemethorphan (9732) ...... II Racemorphan (9733) ...... II Alfentanil (9737) ...... II Remifentanil (9739) ...... II Sufentanil (9740) ...... II Carfentanil (9743) ...... II Tapentadol (9780) ...... II Bezitramide (9800) ...... II Fentanyl (9801) ...... II

The company plans to import automatic approval of subsequent under 21 U.S.C. 952(a)(2). Authorization analytical reference standards for permit applications to import controlled will not extend to the import of FDA distribution to its customers for research substances. Approval of permit approved or non-approved finished and analytical purposes. Placement of applications will occur only when the dosage forms for commercial sale. these drug codes onto the company’s registrant’s business activity is registration does not translate into consistent with what is authorized

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Dated: January 11, 2016. Controlled substance Schedule 22152. Request for hearings should be Louis J. Milione, sent to: Drug Enforcement Deputy Assistant Administrator. Dimethyltryptamine (7435) ...... I Administration, Attention: Hearing 1-[1-(2- I [FR Doc. 2016–00789 Filed 1–15–16; 8:45 am] Clerk/LJ, 8701 Morrissette Drive, Thienyl)cyclohexyl]piperidine BILLING CODE 4410–09–P Springfield, Virginia 22152. Comments (7470). and requests for hearings on Dihydromorphine (9145) ...... I Heroin (9200) ...... I applications to import narcotic raw DEPARTMENT OF JUSTICE Normorphine (9313) ...... I material are not appropriate. 72 FR Amphetamine (1100) ...... II 3417, (January 25, 2007). Drug Enforcement Administration Methamphetamine (1105) ...... II SUPPLEMENTARY INFORMATION: The [Docket No. DEA–392] Amobarbital (2125) ...... II Attorney General has delegated her Phencyclidine (7471) ...... II authority under the Controlled Manufacturer of Controlled Phenylacetone (8501) ...... II Substances Act to the Administrator of Substances Registration: American Cocaine (9041) ...... II Codeine (9050) ...... II the Drug Enforcement Administration Radiolabeled Chemicals, Inc. Dihydrocodeine (9120) ...... II (DEA), 28 CFR 0.100(b). Authority to Oxycodone (9143) ...... II exercise all necessary functions with ACTION: Notice of registration. Hydromorphone (9150) ...... II respect to the promulgation and Ecgonine (9180) ...... II implementation of 21 CFR part 1301, SUMMARY: American Radiolabeled Hydrocodone (9193) ...... II Chemicals, Inc. applied to be registered incident to the registration of Meperidine (9230) ...... II manufacturers, distributors, dispensers, as a manufacturer of certain basic Metazocine (9240) ...... II classes of controlled substances. The importers, and exporters of controlled Methadone (9250) ...... II substances (other than final orders in Drug Enforcement Administration Dextropropoxyphene, bulk (non- II (DEA) grants American Radiolabeled dosage forms) (9273). connection with suspension, denial, or Chemicals, Inc. registration as a Morphine (9300) ...... II revocation of registration) has been manufacturer of those controlled Oripavine (9330) ...... II redelegated to the Deputy Assistant substances. Thebaine (9333) ...... II Administrator of the DEA Office of Oxymorphone (9652) ...... II Diversion Control (‘‘Deputy Assistant SUPPLEMENTARY INFORMATION: By notice Phenazocine (9715) ...... II Administrator’’) pursuant to section 7 of dated October 2, 2015, and published in Carfentanil (9743) ...... II 28 CFR part 0, appendix to subpart R. the Federal Register on October 13, Fentanyl (9801) ...... II In accordance with 21 CFR 2015, 80 FR 61469, American 1301.34(a), this is notice that on Radiolabeled Chemicals, Inc., 101 Arc The company plans to manufacture November 12, 2015, Siegfried USA, Drive, Saint Louis, Missouri 63146 small quantities of the listed controlled LLC, 33 Industrial Park Road, applied to be registered as a substances as radiolabeled compounds Pennsville, New Jersey 08070 applied to manufacturer of certain basic classes of for biochemical research. be registered as an importer of the controlled substances. No comments or Dated: January 11, 2016. following basic classes of controlled objections were submitted for this Louis J. Milione, substances: notice. Deputy Assistant Administrator. The DEA has considered the factors in [FR Doc. 2016–00779 Filed 1–15–16; 8:45 am] 21 U.S.C. 823(a) and determined that BILLING CODE 4410–09–P the registration of American Controlled substance Schedule Radiolabeled Chemicals, Inc. to Opium, raw (9600) ...... II manufacture the basic classes of DEPARTMENT OF JUSTICE controlled substances is consistent with Poppy Straw Concentrate (9670) II the public interest and with United Drug Enforcement Administration States obligations under international The company plans to import the treaties, conventions, or protocols in [Docket No. DEA–392] listed controlled substances to effect on May 1, 1971. The DEA manufacture bulk active Importer of Controlled Substances pharmaceuticals ingredients (API) for investigated the company’s maintenance Application: Siegfried USA, LLC of effective controls against diversion by distribution to its customer. inspecting and testing the company’s ACTION: Notice of application. Dated: January 11, 2016. physical security systems, verifying the Louis J. Milione, company’s compliance with state and DATES: Registered bulk manufacturers of Deputy Assistant Administrator. local laws, and reviewing the company’s the affected basic classes, and [FR Doc. 2016–00783 Filed 1–15–16; 8:45 am] background and history. applicants therefore, may file written BILLING CODE 4410–09–P Therefore, pursuant to 21 U.S.C. comments on or objections to the 823(a), and in accordance with 21 CFR issuance of the proposed registration in 1301.33, the above-named company is accordance with 21 CFR 1301.34(a) on DEPARTMENT OF JUSTICE granted registration as a bulk or before February 18, 2016. Such manufacturer of the following basic persons may also file a written request Drug Enforcement Administration classes of controlled substances: for a hearing on the application pursuant to 21 CFR 1301.43 on or before [Docket No. DEA–392] Controlled substance Schedule February 18, 2016. Manufacturer of Controlled Gamma Hydroxybutyric Acid I ADDRESSES: Written comments should be sent to: Drug Enforcement Substances Registration: Apertus (2010). Pharmaceuticals Ibogaine (7260) ...... I Administration, Attention: DEA Federal Lysergic acid diethylamide (7315) I Register Representative/ODW, 8701 ACTION: Notice of registration. Tetrahydrocannabinols (7370) ..... I Morrissette Drive, Springfield, Virginia

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SUMMARY: Apertus Pharmaceuticals DEPARTMENT OF JUSTICE applied to be registered as a manufacturer of certain basic classes of Drug Enforcement Administration Controlled substance Schedule controlled substances. The Drug [Docket No. DEA–392] Enforcement Administration (DEA) Tapentadol (9780) ...... II Fentanyl (9801) ...... II grants Apertus Pharmaceuticals Manufacturer of Controlled registration as a manufacturer of those Substances Registration: Rhodes The company plans to manufacture Technologies controlled substances. the listed controlled substances in bulk SUPPLEMENTARY INFORMATION: ACTION: Notice of registration. for conversion and sale to dosage form By notice dated October 2, 2015, and manufacturers. SUMMARY: published in the Federal Register on Rhodes Technologies applied In reference to drug code 7370 the October 13, 2015, 80 FR 61470, Apertus to be registered as a manufacturer of company plans to bulk manufacture certain basic classes of controlled synthetic tetrahydrocannabinols. No Pharmaceuticals, 331 Consort Drive, substances. The Drug Enforcement other activity for this drug code is Ballwin, Missouri 63011 applied to be Administration (DEA) grants Rhodes authorized for this registration. registered as a manufacturer of certain Technologies registration as a basic classes of controlled substances. Dated: January 11, 2016. manufacturer of those controlled No comments or objections were Louis J. Milione, substances. submitted for this notice. Deputy Assistant Administrator. SUPPLEMENTARY INFORMATION: By notice The DEA has considered the factors in [FR Doc. 2016–00781 Filed 1–15–16; 8:45 am] dated August 21, 2015, and published in 21 U.S.C. 823(a) and determined that BILLING CODE 4410–09–P the Federal Register on August 31, the registration of Apertus 2015, 80 FR 52511, Rhodes Pharmaceuticals to manufacture the Technologies, 498 Washington Street, basic classes of controlled substances is DEPARTMENT OF JUSTICE Coventry, Rhode Island 02816 applied consistent with the public interest and to be registered as a manufacturer of [OMB Number 1121–0321] with United States obligations under certain basic classes of controlled international treaties, conventions, or substances. No comments or objections Agency Information Collection protocols in effect on May 1, 1971. The were submitted for this notice. Activities; Proposed eCollection DEA investigated the company’s The DEA has considered the factors in eComments Requested; Revision of a maintenance of effective controls 21 U.S.C. 823(a) and determined that Currently Approved Collection: against diversion by inspecting and the registration of Rhodes Technologies National Institute of Justice testing the company’s physical security to manufacture the basic classes of Compliance Testing Program systems, verifying the company’s controlled substances is consistent with AGENCY: compliance with state and local laws, the public interest and with United Office of Justice Programs, and reviewing the company’s States obligations under international Department of Justice. background and history. treaties, conventions, or protocols in ACTION: 60-day notice. Therefore, pursuant to 21 U.S.C. effect on May 1, 1971. The DEA SUMMARY: The Department of Justice 823(a), and in accordance with 21 CFR investigated the company’s maintenance (DOJ), Office of Justice Programs, of effective controls against diversion by 1301.33, the above-named company is National Institute of Justice (NIJ), will be inspecting and testing the company’s granted registration as a bulk submitting the following information physical security systems, verifying the manufacturer of the following basic collection request to the Office of company’s compliance with state and classes of controlled substances: Management and Budget (OMB) for local laws, and reviewing the company’s review and approval in accordance with background and history. the Paperwork Reduction Act of 1995. Therefore, pursuant to 21 U.S.C. DATES: Controlled Substance Schedule 823(a), and in accordance with 21 CFR Comments are encouraged and 1301.33, the above-named company is will be accepted for 60 days until March Marihuana (7360) ...... I granted registration as a bulk 21, 2016. Tetrahydrocannabinols (7370) ..... I manufacturer of the following basic FOR FURTHER INFORMATION CONTACT: If Remifentanil (9739) ...... II classes of controlled substances: you have additional comments especially on the estimated public The company plans to manufacture burden or associated response time, the above-listed controlled substances suggestions, or need a copy of the in bulk for distribution to its customers. Controlled substance Schedule proposed information collection instrument with instructions or In reference to drug codes 7360 Tetrahydrocannabinols (7370) ..... I marihuana and 7370 additional information, please contact: Dihydromorphine (9145) ...... I Michael O’Shea (202) 305–7954, tetrahydrocannabinols the company Methylphenidate (1724) ...... II plans to bulk manufacture both as Codeine (9050) ...... II National Institute of Justice (NIJ), Office synthetic substances. No other activity Dihydrocodeine (9120) ...... II of Justice Programs, U.S. Department of for these drug codes is authorized for Oxycodone (9143) ...... II Justice, 810 Seventh Street NW., this registration. Hydromorphone (9150) ...... II Washington, DC 20531 or Hydrocodone (9193) ...... II [email protected]. Dated: January 11, 2016. Levorphanol (9220) ...... II SUPPLEMENTARY INFORMATION: Written Louis J. Milione, Morphine (9300) ...... II Oripavine (9330) ...... II comments and suggestions from the Deputy Assistant Administrator. Thebaine (9333) ...... II public and affected agencies concerning [FR Doc. 2016–00778 Filed 1–15–16; 8:45 am] Oxymorphone (9652) ...... II the proposed collection of information BILLING CODE 4410–09–P Noroxymorphone (9668) ...... II are encouraged. Your comments should

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address one or more of the following NIJ CTP Authorized Representatives FOR FURTHER INFORMATION CONTACT: If four points: Notification: Estimated 25 respondents you have additional comments —Evaluate whether the proposed at 15 minutes each; especially on the estimated public collection of information is necessary NIJ CTP Body Armor Build Sheet: burden or associated response time, for the proper performance of the Estimated 60 respondents (estimated suggestions, or need a copy of the functions of the agency, including 150 responses) at 1 hour each; proposed information collection whether the information will have NIJ CTP Body Armor Agreement: instrument with instructions or practical utility; Estimated 60 respondents (estimated additional information, please contact —Evaluate the accuracy of the agency’s 150 responses) at 15 minutes each; Larry Penninger, Jr., National Tracing estimate of the burden of the NIJ CTP Manufacturing Location Center, 244 Needy Road, Martinsburg, proposed collection of information, Notification: Estimated 60 respondents WV 25405, at telephone number of including the validity of the (estimated 100 responses) at 15 minutes email: 1–800–788–7133 or methodology and assumptions used; each; [email protected]. —Evaluate whether and if so how the NIJ CTP Listee Notification: Estimated SUPPLEMENTARY INFORMATION: Written quality, utility, and clarity of the 60 respondents at 15 minutes each; comments and suggestions from the information to be collected can be NIJ Approved Laboratory Application public and affected agencies concerning enhanced; and and Agreement: Estimated 5 the proposed collection of information —Minimize the burden of the collection respondents at 1 hour each; are encouraged. Your comments should of information on those who are to NIJ CTP Electronic Signature address one or more of the following respond, including through the use of Agreement: Estimated 60 respondents at four points: appropriate automated, electronic, 10 minutes each. • Evaluate whether the proposed mechanical, or other technological 6 An estimate of the total public collection of information is necessary collection techniques or other forms burden (in hours) associated with the for the proper performance of the of information technology, e.g., collection: The estimated total public functions of the agency, including permitting electronic submission of burden associated with this information whether the information will have responses. is 328 hours in the first year and 289 practical utility; hours each subsequent year. • Evaluate the accuracy of the Overview of This Information If additional information is required agency’s estimate of the burden of the Collection contact: Jerri Murray, Department proposed collection of information, 1 Type of Information Collection: Clearance Officer, United States including the validity of the Revision of a currently approved Department of Justice, Justice methodology and assumptions used; • collection. Management Division, Policy and Evaluate whether and if so how the 2 The Title of the Form/Collection: Planning Staff, Two Constitution quality, utility, and clarity of the National Institute of Justice Compliance Square, 145 N Street NE., 3E.405B, information to be collected can be Testing Program (NIJ CTP). This Washington, DC 20530. enhanced; and • collection consists of eight forms: NIJ Dated: January 13, 2016. Minimize the burden of the CTP Applicant Agreement; NIJ CTP Jerri Murray, collection of information on those who are to respond, including through the Authorized Representatives Department Clearance Officer for PRA, U.S. Notification; NIJ CTP Body Armor Build Department of Justice. use of appropriate automated, electronic, mechanical, or other Sheet; NIJ CTP Ballistic Body Armor [FR Doc. 2016–00877 Filed 1–15–16; 8:45 am] technological collection techniques or Agreement; NIJ CTP Manufacturing BILLING CODE 4410–18–P Location Notification; NIJ CTP Multiple other forms of information technology, Listee Notification; NIJ Approved e.g., permitting electronic submission of Laboratory Application and Agreement; DEPARTMENT OF JUSTICE responses. NIJ CTP Electronic Signature [OMB Number 1140–0043] Overview of This Information Agreement. Collection 3 The agency form number, if any, Agency Information Collection 1. Type of Information Collection and the applicable component of the Activities; Proposed eCollection (check justification or form 83): Department sponsoring the collection: eComments Requested; National Extension of a currently approved N/A, National Institute of Justice. Tracing Center Trace Request, ATF F collection. 4 Affected public who will be asked or 3312.1 2. The Title of the Form/Collection: required to respond, as well as a brief National Tracing Center Trace Request. AGENCY: Bureau of Alcohol, Tobacco, abstract: Applicants to the NIJ 3. The agency form number, if any, Firearms and Explosives, Department of Compliance Testing Program and and the applicable component of the Justice. Testing Laboratories. Other: None. The Department sponsoring the collection: purpose of the voluntary NIJ ACTION: Corrected 60-day notice. Form number (if applicable): ATF F Compliance Testing Program (CTP) is to 3312.1. SUMMARY: provide confidence that equipment used The Department of Justice Component: Bureau of Alcohol, for law enforcement and corrections (DOJ), Bureau of Alcohol, Tobacco, Tobacco, Firearms and Explosives, U.S. applications meets minimum published Firearms and Explosives (ATF), will Department of Justice. performance requirements. submit the following information 4. Affected public who will be asked 5 An estimate of the total number of collection request to the Office of or required to respond, as well as a brief respondents and the amount of time Management and Budget (OMB) for abstract: estimated for an average respondent to review and approval in accordance with Primary: Federal Government. respond: the Paperwork Reduction Act of 1995. Other (if applicable): State, Local, or NIJ CTP Applicant Agreement: DATES: Comments are encouraged and Tribal Government. Estimated 80 respondents at 1 hour will be accepted for 60 days until March Abstract: The ATF Form 3312.1 is each; 21, 2016. used by Federal, State, local and certain

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foreign law enforcement officials to that the submission contains an amicus taken, against such employee, former request that the Bureau of Alcohol, brief in the Abernathy case. Any employee, or applicant for employment, as a Tobacco, Firearms and Explosives (ATF) commonly-used word processing format result of a prohibited personnel practice or PDF format is acceptable; text formats described in section 2302(b)(8) . . . seek trace firearms used or suspected to have corrective action from [the Board]. been used in crimes. are preferable to image formats. Briefs 5. An estimate of the total number of may also be filed with William D. 5 U.S.C. § 1221(a) (emphasis added). respondents and the amount of time Spencer, Clerk of the Board, Merit Section 2302(b)(8) prohibits any estimated for an average respondent to Systems Protection Board, 1615 M employee who has authority to take, respond: An estimated 6,103 Street NW., Washington, DC 20419; Fax direct others to take, recommend, or respondents will take 6 minutes to (202) 653–7130. approve any personnel action to: complete the survey. FOR FURTHER INFORMATION CONTACT: (8) take or fail to take, or threaten to take 6. An estimate of the total public Molly Leckey, Office of the Clerk of the or fail to take, a personnel action with respect burden (in hours) associated with the Board, Merit Systems Protection Board, to any employee or applicant for employment collection: The estimated annual public 1615 M Street NW., Washington, DC because of— burden associated with this collection is 20419; (202) 653–7200; mspb@ (A) any disclosure of information by an 34,448 hours. employee or applicant which the employee mspb.gov. or applicant reasonably believes evidences— If additional information is required SUPPLEMENTARY INFORMATION: The (i) any violation of any law, rule, or contact: Jerri Murray, Department administrative judge in Abernathy regulation, or Clearance Officer, United States dismissed the individual right of action (ii) gross mismanagement, a gross waste of Department of Justice, Justice (IRA) appeal for lack of jurisdiction, funds, an abuse of authority, or a substantial and specific danger to public health or safety, Management Division, Policy and finding that the appellant did not make Planning Staff, Two Constitution if such disclosure is not specifically a protected disclosure because, when he prohibited by law and if such information is Square, 145 N Street NE., Room 3E– made the disclosure, he was neither an 405B, Washington, DC 20530. not specifically required by Executive order ‘‘employee’’ nor an ‘‘applicant,’’ but to be kept secret in the interest of national Dated: January 12, 2016. rather, a Federal contractor. Of defense or the conduct of foreign affairs; or Jerri Murray, particular relevance in Abernathy is the (B) any disclosure to the Special Counsel, Department Clearance Officer for PRA, U.S. jurisdictional question of whether, or to the Inspector General of an agency or Department of Justice. under the Whistleblower Protection Act another employee designated by the head of the agency to receive such disclosures, of [FR Doc. 2016–00805 Filed 1–15–16; 8:45 am] of 1989 (WPA), as amended by the information which the employee or applicant BILLING CODE 4410–FY–P Whistleblower Protection Enhancement reasonably believes evidences— Act of 2012 (WPEA), both the disclosure (i) any violation (other than a violation of and the subject matter of the disclosure this section) of any law, rule, or regulation, MERIT SYSTEMS PROTECTION must have occurred after the individual or BOARD who is seeking corrective action in an (ii) gross mismanagement, a gross waste of IRA appeal became an applicant or funds, an abuse of authority, or a substantial Notice of Opportunity To File Amicus employee. and specific danger to public health or safety[.] Briefs The Board believes that some ambiguity may exist in the language of 5 U.S.C. § 2302(b)(8) (emphasis added). AGENCY: Merit Systems Protection the statute regarding who is covered by The Board has held that, in Board. the WPA and WPEA. A starting point whistleblower retaliation claims, 5 ACTION: Notice. for statutory interpretation is the words U.S.C. 1221(a) and 2302(b)(8) should be of the statute itself, which must be read together. See Schmittling v. SUMMARY: The Merit Systems Protection examined to determine Congress’s Department of the Army, 92 M.S.P.R. Board (MSPB or the Board) announces intent and purpose. In construing 572 (2002). In construing section the opportunity to file amicus briefs in statutes, their provisions should not be 1221(a) with section 2302(b)(8), it is the matter of Mark Abernathy v. read in isolation; rather, each statute’s possibly unclear if a request for Department of the Army, MSPB Docket section should be construed in corrective action under the WPA must No. DC–1221–14–0364–W–1, currently connection with every other section so concern only actions that occurred pending before the Board on petition for as to produce a harmonious whole. Yee while the individual was an employee review. Additional information v. Department of the Navy, 121 M.S.P.R. or applicant for employment. In other concerning the question on which the 686 (2014). Because the WPA and words, it is possibly uncertain whether, Board invites amicus briefing in WPEA are remedial legislation, the to constitute a disclosure ‘‘by an Abernathy and the required format and Board will interpret their provisions employee or applicant,’’ the disclosure length of amicus briefs can be found in liberally to embrace all cases fairly of information described in section the Supplementary Information below. within their scope, so as to effectuate 2302(b)(8)(A), as well as the subject DATES: All briefs submitted in response the purpose of the Acts. See Fishbein v. matter of the disclosure, must have to this notice must be received by the Department of Health & Human transpired after—and not before—the Clerk of the Board on or before February Services, 102 M.S.P.R. 4 (2006). We now individual seeking corrective action 9, 2016. turn to the two statutory provisions in became ‘‘an employee’’ or ‘‘an applicant ADDRESSES: All briefs shall be captioned question. for employment.’’ ‘‘Mark Abernathy v. Department of the The Board has jurisdiction over The U.S. Court of Appeals for the Army’’ and entitled ‘‘Amicus Brief.’’ whistleblower claims filed pursuant to 5 Federal Circuit (Federal Circuit) Only one copy of the brief need be U.S.C. 1221(a), as amended by WPEA addressed this question in three submitted. The Board encourages § 101(b)(1)(A). Section 1221(a) provides nonprecedential decisions, all of which interested parties to submit amicus that: were decided before the enactment of briefs as attachments to electronic mail an employee, former employee, or applicant the WPEA. See Nasuti v. Merit Systems addressed to [email protected]. An email for employment may, with respect to any Protection Board, 376 F. App’x 29 (Fed. should contain a subject line indicating personnel action taken, or proposed to be Cir. 2010) (per curiam) (finding that an

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individual who was a former employee where the language of a statute is clear, NATIONAL ARCHIVES AND RECORDS when the alleged personnel action and it controls, absent an express indication ADMINISTRATION disclosure occurred could not bring a of an intent to the contrary), aff’d, 525 [NARA–2016–012] claim under the WPA); Guzman v. F.3d 1363 (Fed. Cir. 2008). Office of Personnel Management, 53 F. In analyzing this question, the Board Agency Information Collection App’x 927 (Fed. Cir. 2002) (per curiam) also wishes to receive comments that Activities: Proposed Collection; (construing the language of sections Comment Request 1221(a) and 2302(b)(8) as permitting a substantively compare and contrast the former employee to bring a claim under statutory language in the WPA and AGENCY: National Archives and Records the WPA ‘‘only as to disclosures made WPEA regarding the standing of Administration (NARA). . . . during the period that the individuals who are ‘‘employees,’’ ACTION: Notice. complainant was an employee or ‘‘former employees,’’ and ‘‘applicants applicant’’); Amarille v. Office of for employment,’’ with the analogous, SUMMARY: NARA gives public notice Personnel Management, 28 F. App’x 931 yet more expansive, standing that it proposes to request extension of (Fed. Cir. 2001) (concluding that the requirement language under the Identification Card Request, NA Form Board lacked jurisdiction over an IRA Uniformed Services Employment and 6006, which will be used by NARA appeal filed by a former employee Reemployment Rights Act of 1994 employees, on-site contractors, because, during the relevant time in (codified at 38 U.S.C. 4301–4333) which volunteers, Foundation members, Interns, and others in order to obtain a question, he was neither an employee provides, in relevant part, that ‘‘a NARA Identification Card. We invite nor applicant for Federal employment). person may submit a complaint against you to comment on these proposed The Board may follow the Federal a Federal executive agency or the Circuit’s nonprecedential decisions, to information collections pursuant to the Office,’’ 38 U.S.C. 4324(b) (emphasis Paperwork Reduction Act of 1995. the extent that the Board finds them added); see Silva v. Department of DATES: We must receive written persuasive. Homeland Security, 112 M.S.P.R. 362 The Board, prior to the WPEA’s comments on or before March 21, 2016. (2009). enactment, also issued decisions ruling ADDRESSES: Send comments to on the question being examined here. Finally, the Board is seeking Paperwork Reduction Act Comments See Weed v. Social Security comments that address what, if any, (ISSD), Room 4400; National Archives Administration, 113 M.S.P.R. 221 (2010) effect the question presented here might and Records Administration; 8601 (finding that the appellant, who was have on other Federal whistleblower Adelphi Road; College Park, MD 20740– working for the Federal Government and anti-retaliation laws. This would 6001, fax them to 301–713–7409, or when he filed his Office of Special include the Department of Defense email them to tamee.fechhelm@ Counsel complaint and when the Authorization Act of 1987, which nara.gov. personnel actions in dispute took place, specifically bans defense contractors FOR FURTHER INFORMATION CONTACT: was an ‘‘employee’’ protected by the and subcontractors from retaliating Contact Tamee Fechhelm by telephone statute, even though he was working at against employees in reprisal for at 301–837–1694 or fax at 301–713– a different Federal agency than the one disclosing to specified entities 7409 with requests for additional that took the personnel actions; information about alleged gross information or copies of the proposed alternatively, finding that a mismanagement or a substantial and information collections and supporting whistleblower need not be ‘‘an specific danger to public health or statements. employee, an applicant for employment or a former employee at the time he safety. See 10 U.S.C. 2409(a). Interested SUPPLEMENTARY INFORMATION: Pursuant made his protected disclosures’’); Pasley individuals or organizations may submit to the Paperwork Reduction Act of 1995 v. Department of the Treasury, 109 amicus briefs or other comments on the (Pub. L. 104–13), NARA invites the M.S.P.R. 105 (2008) (concluding that the question presented in Abernathy no public and other Federal agencies to termination of a former Federal later than February 9, 2016. Amicus comment on proposed information employee by a private sector employer briefs must be filed with the Clerk of the collections. The comments and taken in retaliation for his protected Board. Briefs shall not exceed 30 pages suggestions should address one or more disclosures during Federal Government in length. The text shall be double- of the following points: (a) whether the employment did not meet the definition spaced, except for quotations and proposed information collection is of a ‘‘personnel action’’ under the footnotes, and the briefs shall be on 8 necessary for NARA to properly perform WPA); Greenup v. Department of 1⁄2 by 11 inch paper with one inch its functions; (b) NARA’s estimate of the Agriculture, 106 M.S.P.R. 202 (2007) margins on all four sides. All amicus burden of the proposed information (determining that the appellant lacked briefs received will be posted on the collection and its accuracy; (c) ways standing to challenge personnel actions Board’s public Web site at NARA could enhance the quality, taken against her while she was a www.mspb.gov/SignificantCases after utility, and clarity of the information it collects; (d) ways NARA could county employee, but that she later was February 9, 2016. covered by the WPA after she resigned minimize the burden on respondents of from her county job and applied, but William D. Spencer, collecting the information, including was not selected, for a Federal position). Clerk of the Board. through information technology; and (e) In light of the relevant statutory [FR Doc. 2016–00875 Filed 1–15–16; 8:45 am] whether this collection affects small language, it could be argued that an businesses. We will summarize any BILLING CODE 7400–01–P individual seeking protection under the comments you submit and include the WPA and WPEA must have been either summary in our request for Office of an employee or an applicant at the time Management and Budget (OMB) of both the disclosure and the subject approval. All comments will become a matter of the disclosure. Adkins v. matter of public record. In this notice, Office of Personnel Management, 104 NARA solicits comments concerning the M.S.P.R. 233 (2006) (reasoning that, following information collections:

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Title: Identification Card Request 1. Briefing on Supervisory Matter. OWFN–12–H08, U.S. Nuclear OMB number: 3095–0057 Closed pursuant to Exemptions (8), Regulatory Commission, Washington, Agency form number: NA Form 6006 (9)(i)(B), and (9)(ii). DC 20555–0001. Type of review: Regular 2. Personnel. Closed pursuant to For additional direction on obtaining Affected public: Individuals or Exemptions (2), and (6). information and submitting comments, households, Business or other for-profit, FOR FURTHER INFORMATION CONTACT: see ‘‘Obtaining Information and Federal government Gerard Poliquin, Secretary of the Board, Submitting Comments’’ in the Estimated number of respondents: Telephone: 703–518–6304. SUPPLEMENTARY INFORMATION section of 1,500 this document. Gerard Poliquin, Estimated time per response: 3 FOR FURTHER INFORMATION CONTACT: Secretary of the Board. minutes Shirley Rohrer, Office of Nuclear Frequency of response: On occasion [FR Doc. 2016–00986 Filed 1–14–16; 4:15 pm] Reactor Regulation, U.S. Nuclear Estimated total annual burden hours: BILLING CODE 7535–01–P Regulatory Commission, Washington, 75 hours DC 20555–0001; telephone: 301–415– Abstract: The collection of 5411, email: [email protected]. information is necessary as to comply NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: with HSPD–12 requirements. Use of the COMMISSION form is authorized by 44 U.S.C 2104. At [NRC–2016–0005] I. Obtaining Information and the NARA College Park facility, Submitting Comments individuals receive a proximity card Biweekly Notice; Applications and A. Obtaining Information with the identification badge that is Amendments to Facility Operating electronically coded to permit access to Licenses and Combined Licenses Please refer to Docket ID NRC–2016– secure zones ranging from a general Involving No Significant Hazards 0005 when contacting the NRC about nominal level to stricter access levels for Considerations the availability of information for this classified records zones. The proximity action. You may obtain publicly- card system is part of the security AGENCY: Nuclear Regulatory available information related to this management system that meets the Commission. action by any of the following methods: accreditation standards of the ACTION: Biweekly notice. • Federal Rulemaking Web site: Go to Government intelligence agencies for http://www.regulations.gov and search SUMMARY: storage of classified information and Pursuant to Section 189a.(2) for Docket ID NRC–2016–0005. serves to comply with E.O. 12958. of the Atomic Energy Act of 1954, as • NRC’s Agencywide Documents amended (the Act), the U.S. Nuclear Dated: January 12, 2016. Access and Management System Regulatory Commission (NRC) is (ADAMS): You may obtain publicly- Swarnali Haldar, publishing this regular biweekly notice. available documents online in the Executive for Information Services/CIO. The Act requires the Commission to ADAMS Public Documents collection at [FR Doc. 2016–00925 Filed 1–15–16; 8:45 am] publish notice of any amendments http://www.nrc.gov/reading-rm/ BILLING CODE 7515–01–P issued, or proposed to be issued, and adams.html. To begin the search, select grants the Commission the authority to ‘‘ADAMS Public Documents’’ and then issue and make immediately effective select ‘‘Begin Web-based ADAMS NATIONAL CREDIT UNION any amendment to an operating license Search.’’ For problems with ADAMS, ADMINISTRATION or combined license, as applicable, please contact the NRC’s Public upon a determination by the Document Room (PDR) reference staff at Sunshine Act Meeting Commission that such amendment 1–800–397–4209, 301–415–4737, or by involves no significant hazards email to [email protected]. The TIME AND DATE: 10:00 a.m., Thursday, consideration, notwithstanding the ADAMS accession number for each January 21, 2016. pendency before the Commission of a document referenced (if it is available in PLACE: Board Room, 7th Floor, Room request for a hearing from any person. ADAMS) is provided the first time that 7047, 1775 Duke Street (All visitors This biweekly notice includes all it is mentioned in the SUPPLEMENTARY must use Diagonal Road Entrance), notices of amendments issued, or INFORMATION section of this document. Alexandria, VA 22314–3428. proposed to be issued from December • NRC’s PDR: You may examine and STATUS: Open. 22, 2015, to January 4, 2016. The last purchase copies of public documents at MATTERS TO BE CONSIDERED: biweekly notice was published on the NRC’s PDR, Room O1–F21, One 1. NCUA’s Rules and Regulations, January 5, 2016. White Flint North, 11555 Rockville Office of Minority and Women DATES: Comments must be filed by Pike, Rockville, Maryland 20852. Inclusion Reporting Structure. February 18, 2016. A request for a B. Submitting Comments 2. NCUA’s 2017–2021 Strategic Plan. hearing must be filed March 21, 2016. 3. Overhead Transfer Rate ADDRESSES: You may submit comments Please include Docket ID NRC–2016– Methodology. by any of the following methods (unless 0005, facility name, unit number(s), 4. Federal Credit Union Operating Fee this document describes a different application date, and subject in your Methodology. method for submitting comments on a comment submission. RECESS: 11:30 a.m. specific subject): The NRC cautions you not to include • Federal Rulemaking Web site: Go to identifying or contact information that TIME AND DATE: 11:45 a.m., Thursday, you do not want to be publicly January 21, 2016. http://www.regulations.gov and search for Docket ID NRC–2016–0005. Address disclosed in your comment submission. PLACE: Board Room, 7th Floor, Room questions about NRC dockets to Carol The NRC posts all comment 7047, 1775 Duke Street, Alexandria, VA Gallagher; telephone: 301–415–3463; submissions at http:// 22314–3428. email: [email protected]. www.regulations.gov, as well as entering STATUS: Closed. • Mail comments to: Cindy Bladey, the comment submissions into ADAMS. MATTERS TO BE CONSIDERED: Office of Administration, Mail Stop: The NRC does not routinely edit

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comment submissions to remove notice of issuance. Should the petitioner seeks to have litigated at the identifying or contact information. Commission make a final No Significant proceeding. If you are requesting or aggregating Hazards Consideration Determination, Each contention must consist of a comments from other persons for any hearing will take place after specific statement of the issue of law or submission to the NRC, then you should issuance. The Commission expects that fact to be raised or controverted. In inform those persons not to include the need to take this action will occur addition, the requestor/petitioner shall identifying or contact information that very infrequently. provide a brief explanation of the bases they do not want to be publicly for the contention and a concise disclosed in their comment submission. A. Opportunity To Request a Hearing statement of the alleged facts or expert Your request should state that the NRC and Petition for Leave To Intervene opinion which support the contention does not routinely edit comment Within 60 days after the date of and on which the requestor/petitioner submissions to remove such information publication of this notice, any person(s) intends to rely in proving the contention before making the comment whose interest may be affected by this at the hearing. The requestor/petitioner submissions available to the public or action may file a request for a hearing must also provide references to those entering the comment submissions into and a petition to intervene with respect specific sources and documents of ADAMS. to issuance of the amendment to the which the petitioner is aware and on which the requestor/petitioner intends II. Notice of Consideration of Issuance subject facility operating license or to rely to establish those facts or expert of Amendments to Facility Operating combined license. Requests for a opinion. The petition must include Licenses and Combined Licenses and hearing and a petition for leave to sufficient information to show that a Proposed No Significant Hazards intervene shall be filed in accordance genuine dispute exists with the Consideration Determination with the Commission’s ‘‘Agency Rules of Practice and Procedure’’ in 10 CFR applicant on a material issue of law or The Commission has made a part 2. Interested person(s) should fact. Contentions shall be limited to proposed determination that the consult a current copy of 10 CFR 2.309, matters within the scope of the following amendment requests involve which is available at the NRC’s PDR, amendment under consideration. The no significant hazards consideration. located at One White Flint North, Room contention must be one which, if Under the Commission’s regulations in proven, would entitle the requestor/ § 50.92 of title 10 of the Code of Federal O1–F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The petitioner to relief. A requestor/ Regulations (10 CFR), this means that petitioner who fails to satisfy these operation of the facility in accordance NRC’s regulations are accessible electronically from the NRC Library on requirements with respect to at least one with the proposed amendment would contention will not be permitted to not (1) involve a significant increase in the NRC’s Web site at http:// www.nrc.gov/reading-rm/doc- participate as a party. the probability or consequences of an Those permitted to intervene become collections/cfr/. If a request for a hearing accident previously evaluated, (2) create parties to the proceeding, subject to any or petition for leave to intervene is filed the possibility of a new or different kind limitations in the order granting leave to within 60 days, the Commission or a of accident from any accident intervene, and have the opportunity to previously evaluated, or (3) involve a presiding officer designated by the participate fully in the conduct of the significant reduction in a margin of Commission or by the Chief hearing with respect to resolution of safety. The basis for this proposed Administrative Judge of the Atomic that person’s admitted contentions, determination for each amendment Safety and Licensing Board Panel, will including the opportunity to present request is shown below. rule on the request and/or petition; and evidence and to submit a cross- The Commission is seeking public the Secretary or the Chief examination plan for cross-examination comments on this proposed Administrative Judge of the Atomic of witnesses, consistent with NRC determination. Any comments received Safety and Licensing Board will issue a regulations, policies and procedures. within 30 days after the date of notice of a hearing or an appropriate Petitions for leave to intervene must publication of this notice will be order. be filed no later than 60 days from the considered in making any final As required by 10 CFR 2.309, a date of publication of this notice. determination. petition for leave to intervene shall set Requests for hearing, petitions for leave Normally, the Commission will not forth with particularity the interest of to intervene, and motions for leave to issue the amendment until the the petitioner in the proceeding, and file new or amended contentions that expiration of 60 days after the date of how that interest may be affected by the are filed after the 60-day deadline will publication of this notice. The results of the proceeding. The petition not be entertained absent a Commission may issue the license should specifically explain the reasons determination by the presiding officer amendment before expiration of the 60- why intervention should be permitted that the filing demonstrates good cause day period provided that its final with particular reference to the by satisfying the three factors in 10 CFR determination is that the amendment following general requirements: (1) The 2.309(c)(1)(i)–(iii). involves no significant hazards name, address, and telephone number of If a hearing is requested, and the consideration. In addition, the the requestor or petitioner; (2) the Commission has not made a final Commission may issue the amendment nature of the requestor’s/petitioner’s determination on the issue of no prior to the expiration of the 30-day right under the Act to be made a party significant hazards consideration, the comment period should circumstances to the proceeding; (3) the nature and Commission will make a final change during the 30-day comment extent of the requestor’s/petitioner’s determination on the issue of no period such that failure to act in a property, financial, or other interest in significant hazards consideration. The timely way would result, for example in the proceeding; and (4) the possible final determination will serve to decide derating or shutdown of the facility. effect of any decision or order which when the hearing is held. If the final Should the Commission take action may be entered in the proceeding on the determination is that the amendment prior to the expiration of either the requestor’s/petitioner’s interest. The request involves no significant hazards comment period or the notice period, it petition must also set forth the specific consideration, the Commission may will publish in the Federal Register a contentions which the requestor/ issue the amendment and make it

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immediately effective, notwithstanding under 10 CFR 2.315(c), must be filed in site at http://www.nrc.gov/site-help/e- the request for a hearing. Any hearing accordance with the NRC’s E-Filing rule submittals.html. held would take place after issuance of (72 FR 49139; August 28, 2007). The E- Once a participant has obtained a the amendment. If the final Filing process requires participants to digital ID certificate and a docket has determination is that the amendment submit and serve all adjudicatory been created, the participant can then request involves a significant hazards documents over the internet, or in some submit a request for hearing or petition consideration, then any hearing held cases to mail copies on electronic for leave to intervene. Submissions would take place before the issuance of storage media. Participants may not should be in Portable Document Format any amendment unless the Commission submit paper copies of their filings (PDF) in accordance with NRC guidance finds an imminent danger to the health unless they seek an exemption in available on the NRC’s public Web site or safety of the public, in which case it accordance with the procedures at http://www.nrc.gov/site-help/e- will issue an appropriate order or rule described below. submittals.html. A filing is considered under 10 CFR part 2. To comply with the procedural complete at the time the documents are A State, local governmental body, requirements of E-Filing, at least 10 submitted through the NRC’s E-Filing Federally-recognized Indian Tribe, or days prior to the filing deadline, the system. To be timely, an electronic agency thereof, may submit a petition to participant should contact the Office of filing must be submitted to the E-Filing the Commission to participate as a party the Secretary by email at system no later than 11:59 p.m. Eastern under 10 CFR 2.309(h)(1). The petition [email protected], or by telephone Time on the due date. Upon receipt of should state the nature and extent of the at 301–415–1677, to request (1) a digital a transmission, the E-Filing system petitioner’s interest in the proceeding. identification (ID) certificate, which time-stamps the document and sends The petition should be submitted to the allows the participant (or its counsel or the submitter an email notice Commission by March 21, 2016. The representative) to digitally sign confirming receipt of the document. The petition must be filed in accordance documents and access the E-Submittal E-Filing system also distributes an email with the filing instructions in the server for any proceeding in which it is notice that provides access to the ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the document to the NRC’s Office of the section of this document, and should Secretary that the participant will be General Counsel and any others who meet the requirements for petitions for submitting a request or petition for have advised the Office of the Secretary leave to intervene set forth in this hearing (even in instances in which the that they wish to participate in the section, except that under § 2.309(h)(2) participant, or its counsel or proceeding, so that the filer need not a State, local governmental body, or representative, already holds an NRC- serve the documents on those Federally-recognized Indian Tribe, or issued digital ID certificate). Based upon participants separately. Therefore, agency thereof does not need to address this information, the Secretary will applicants and other participants (or the standing requirements in 10 CFR establish an electronic docket for the their counsel or representative) must 2.309(d) if the facility is located within hearing in this proceeding if the apply for and receive a digital ID its boundaries. A State, local Secretary has not already established an certificate before a hearing request/ governmental body, Federally- electronic docket. petition to intervene is filed so that they recognized Indian Tribe, or agency Information about applying for a can obtain access to the document via thereof may also have the opportunity to digital ID certificate is available on the the E-Filing system. participate under 10 CFR 2.315(c). NRC’s public Web site at http:// A person filing electronically using If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/ the NRC’s adjudicatory E-Filing system who does not wish, or is not qualified, getting-started.html. System may seek assistance by contacting the to become a party to the proceeding requirements for accessing the E- NRC Meta System Help Desk through may, in the discretion of the presiding Submittal server are detailed in the the ‘‘Contact Us’’ link located on the officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic NRC’s public Web site at http:// appearance pursuant to the provisions Submission,’’ which is available on the www.nrc.gov/site-help/e- of 10 CFR 2.315(a). A person making a agency’s public Web site at http:// submittals.html, by email to limited appearance may make an oral or www.nrc.gov/site-help/e- [email protected], or by a toll- written statement of position on the submittals.html. Participants may free call at 1–866–672–7640. The NRC issues, but may not otherwise attempt to use other software not listed Meta System Help Desk is available participate in the proceeding. A limited on the Web site, but should note that the between 8 a.m. and 8 p.m., Eastern appearance may be made at any session NRC’s E-Filing system does not support Time, Monday through Friday, of the hearing or at any prehearing unlisted software, and the NRC Meta excluding government holidays. conference, subject to the limits and System Help Desk will not be able to Participants who believe that they conditions as may be imposed by the offer assistance in using unlisted have a good cause for not submitting presiding officer. Persons desiring to software. documents electronically must file an make a limited appearance are If a participant is electronically exemption request, in accordance with requested to inform the Secretary of the submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper Commission by March 21, 2016. accordance with the E-Filing rule, the filing requesting authorization to participant must file the document continue to submit documents in paper B. Electronic Submissions (E-Filing) using the NRC’s online, Web-based format. Such filings must be submitted All documents filed in NRC submission form. In order to serve by: (1) First class mail addressed to the adjudicatory proceedings, including a documents through the Electronic Office of the Secretary of the request for hearing, a petition for leave Information Exchange System, users Commission, U.S. Nuclear Regulatory to intervene, any motion or other will be required to install a Web Commission, Washington, DC 20555– document filed in the proceeding prior browser plug-in from the NRC’s Web 0001, Attention: Rulemaking and to the submission of a request for site. Further information on the Web- Adjudications Staff; or (2) courier, hearing or petition to intervene, and based submission form, including the express mail, or expedited delivery documents filed by interested installation of the Web browser plug-in, service to the Office of the Secretary, governmental entities participating is available on the NRC’s public Web Sixteenth Floor, One White Flint North,

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11555 Rockville Pike, Rockville, FirstEnergy Nuclear Operating accident from any accident previously Maryland, 20852, Attention: Company, et al., Docket Nos. 50–334 evaluated? Rulemaking and Adjudications Staff. and 50–412, Beaver Valley Power Response: No. Participants filing a document in this Station, Unit Nos. 1 and 2 (BVPS), The proposed amendment involves changes to the BVPS and DBNPS TS that manner are responsible for serving the Beaver County, Pennsylvania aligns the TS with 10 CFR 55. 10 CFR 55 document on all other participants. FirstEnergy Nuclear Operating permits the use of INPO accredited licensed Filing is considered complete by first- Company, et al., Docket No. 50–346, operator training programs to meet regulatory class mail as of the time of deposit in Davis-Besse Nuclear Power Station, Unit requirements. The BVPS and DBNPS the mail, or by courier, express mail, or No. 1 (DBNPS), Ottawa County, Ohio licensed operator training programs are expedited delivery service upon accredited, therefore, the NRC requirements depositing the document with the Date of amendment request: are satisfied. The ability of licensed operators November 19, 2015. A publicly- to respond to and mitigate accidents is provider of the service. A presiding unchanged by the proposed TS changes. The officer, having granted an exemption available version is in ADAMS under Accession No. ML15323A138. proposed changes do not impact the design, request from using E-Filing, may require operation, or maintenance of any plant a participant or party to use E-Filing if Description of amendment request: system, structure, or component at either the presiding officer subsequently The amendment would change the BVPS or DBNPS. determines that the reason for granting BVPS and DBNPS Technical Based on the above discussion, FENOC the exemption from use of E-Filing no Specifications (TSs). Specifically, the concludes that the proposed changes do not longer exists. proposed license amendment would create the possibility of a new or different revise TS 5.3.1, ‘‘Unit Staff kind of accident from any accident Documents submitted in adjudicatory Qualifications,’’ by incorporating an previously evaluated. proceedings will appear in the NRC’s exception to American National 3. Does the proposed amendment involve electronic hearing docket which is a significant reduction in a margin of safety? Standards Institute (ANSI) Standard Response: No. available to the public at http:// N18.1–1971, ‘‘Selection and Training of ehd1.nrc.gov/ehd/, unless excluded The proposed TS changes are Nuclear Power Plant Personnel.’’ This administrative in nature. The proposed pursuant to an order of the Commission, would require licensed operators to changes do no impact the design, operation, or the presiding officer. Participants are comply with the requirements of 10 CFR or maintenance of any plant system, requested not to include personal part 55, ‘‘Operators’ Licenses,’’ in lieu of structure, or component at either BVPS or privacy information, such as social the ANSI standard. DBNPS. The ability of licensed operators to security numbers, home addresses, or respond and mitigate accidents is unchanged Basis for proposed no significant by the proposed TS changes. home phone numbers in their filings, hazards consideration determination: unless an NRC regulation or other law As required by 10 CFR 50.91(a), the The NRC staff has reviewed the requires submission of such licensee has provided its analysis of the licensee’s analysis and, based on this information. However, in some issue of no significant hazards review, it appears that the three instances, a request to intervene will consideration, which is presented standards of 10 CFR 50.92(c) are require including information on local below, along with NRC edits in square satisfied. Therefore, the NRC staff residence in order to demonstrate a brackets: proposes to determine that the proximity assertion of interest in the amendment request involves no 1. Does the proposed amendment involve proceeding. With respect to copyrighted a significant increase in the probability or significant hazards consideration. works, except for limited excerpts that consequences of an accident previously Attorney for licensee: David W. serve the purpose of the adjudicatory evaluated? Jenkins, FirstEnergy Nuclear Operating filings and would constitute a Fair Use Response: No. Company, FirstEnergy Corporation, 76 application, participants are requested The proposed license amendment is a South Main Street, Mail Stop A–GO–15, not to include copyrighted materials in change to the administrative section of the Akron, OH 44308. their submission. BVPS and DBNPS TS. The NRC has NRC Branch Chief: Douglas A. determined that accredited training programs Petitions for leave to intervene must based upon the systems approach to training Broaddus. be filed no later than 60 days from the (SAT) are acceptable for satisfying regulatory Indiana Michigan Power Company date of publication of this notice. requirements contained in 10 CFR 55. The (I&M), Docket Nos. 50–315 and 50–316, Requests for hearing, petitions for leave BVPS and DBNPS licensed operator training Donald C. Cook Nuclear Plant, Units 1 programs are Institute of Nuclear Power to intervene, and motions for leave to and 2, Berrien County, Michigan file new or amended contentions that Operations (INPO) National Academy for Nuclear Training (NANT) accredited are filed after the 60-day deadline will Date of amendment request: programs based on the SAT. Hence, the BVPS November 19, 2015. A publicly- not be entertained absent a and DBNPS licensed operator training available version is in ADAMS under determination by the presiding officer programs satisfy NRC requirements Accession No. ML15328A469. that the filing demonstrates good cause contained in 10 CFR 55. The ability of Description of amendment request: by satisfying the three factors in 10 CFR licensed operators to respond to and mitigate The proposed changes are consistent 2.309(c)(1)(i)–(iii). accidents is unchanged by the proposed TS changes. The proposed changes do not with the NRC -approved Technical For further details with respect to impact the design, operation, or maintenance Specifications Task Force (TSTF) these license amendment applications, of any plant system, structure, or component Traveler, TSTF–425, Revision 3, see the application for amendment at either BVPS or DBNPS. ‘‘Relocate Surveillance Frequencies to which is available for public inspection Based on the above, FENOC [FirstEnergy Licensee Control—RITSTF [Risk in ADAMS and at the NRC’s PDR. For Nuclear Operating Company] concludes that Informed Technical Specification Task additional direction on accessing the proposed changes do not involve a significant increase in the probability or Force] Initiative 5b.’’ The proposed information related to this document, consequences of an accident previously change relocates surveillance see the ‘‘Obtaining Information and evaluated. frequencies to a licensee controlled Submitting Comments’’ section of this 2. Does the proposed amendment create program, the Surveillance Frequency document. the possibility of a new or different kind of Control Program (SFCP).

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Basis for proposed no significant probabilistic risk evaluation using the probability or consequences of an accident hazards consideration determination: guidance contained in NRC approved NEI previously evaluated. As required by 10 CFR 50.91(a), the [Nuclear Energy Institute] 04–10, Rev. 1, in 2. Does the proposed amendment create licensee has affirmed the applicability accordance with the TS SFCP. NEI 04–10, the possibility of a new or different kind of Revision 1, methodology provides reasonable accident from any accident previously of the model proposed no significant acceptance guidelines and methods for evaluated? hazards consideration published on July evaluating the risk increase of proposed 6, 2009 (74 FR 31996). The findings changes to surveillance frequencies Response: No. presented in that evaluation are consistent with Regulatory Guide 1.177. The proposed changes, including the presented below: Therefore, the proposed changes do not modification of VCSNS Units 2&3 License involve a significant reduction in a margin of Conditions and submittal of the new plant- 1. Does the proposed amendment involve safety. specific EALs for both units, do not involve a significant increase in the probability or a physical alteration of the plant (i.e., no new consequences of an accident previously The NRC staff has reviewed the or different type of equipment will be evaluated? analysis and, based on this review, it installed or removed) or a change in the Response: No. appears that the three standards of 10 The proposed changes relocate the method of plant operation. The proposed CFR 50.92(c) are satisfied. Therefore, the changes will not introduce failure modes that specified frequencies for periodic NRC staff proposes to determine that the surveillance requirements (SRs) to licensee could result in a new accident, and the control under a new SFCP. Surveillance amendment request involves no changes do not alter assumptions made in the frequencies are not an initiator to any significant hazards consideration. safety analysis. The proposed changes are not accident previously evaluated. As a result, Attorney for licensee: Robert B. initiators of any accidents. the probability of any accident previously Haemer, Senior Nuclear Counsel, One Therefore, the proposed changes do not evaluated is not significantly increased. The Cook Place, Bridgman, MI 49106. create the possibility of a new or different systems and components required by the NRC Branch Chief: David L. Pelton. kind of accident from any accident [technical specifications] (TSs) for which the South Carolina Electric and Gas previously evaluated. surveillance frequencies are relocated are 3. Does the proposed amendment involve still required to be operable, meet the Company Docket Nos. 52–027 and 52– a significant reduction in a margin of safety? acceptance criteria for the SRs, and be 028, Virgil C. Summer Nuclear Station capable of performing any mitigation (VCSNS), Units 2 and 3, Fairfield Response: No. function assumed in the accident analysis. County, South Carolina Margin of safety is associated with the As a result, the consequences of any accident ability of the fission product barriers (i.e., previously evaluated are not significantly Date of amendment request: October fuel cladding, reactor coolant system increased. 9, 2015. A publicly-available version is pressure boundary, and containment Therefore, the proposed changes do not in ADAMS under Accession No. structure) to limit the level of radiation dose involve a significant increase in the ML15282A309. to the public. The proposed changes, probability or consequences of an accident Description of amendment request: including the modification of VCSNS Units previously evaluated. The proposed change, if approved, is to 2&3 License Conditions and submittal of the 2. Does the proposed amendment create change the VCSNS, Units 2 and 3, Tier new plant-specific EALs for both units, do the possibility of a new or different kind of 2, Final Safety Analysis Report, with not impact operation of the plant or its accident from any accident previously response to transients or accidents. The evaluated? new plant-specific Emergency Action Response: No. Levels (EALs) and License Conditions proposed changes do not affect the Technical No new or different accidents result from 2.D(12)(c), relating to initial EALs. Specifications. The proposed changes do not utilizing the proposed changes. The changes Basis for proposed no significant involve a change in the method of plant do not involve a physical alteration of the hazards consideration determination: operation, and no accident analyses will be plant (i.e., no new or different type of As required by 10 CFR 50.91(a), the affected by the proposed changes. equipment will be installed) or a change in licensee has provided its analysis of the Additionally, the proposed changes will the methods governing normal plant issue of no significant hazards not relax any criteria used to establish safety operation. In addition, the changes do not consideration, which is presented limits and will not relax any safety system impose any new or different requirements. below: settings. The safety analysis acceptance The changes do not alter assumptions made criteria are not affected by these proposed in the safety analysis. The proposed changes 1. Does the proposed amendment involve changes. The proposed changes will not are consistent with the safety analysis a significant increase in the probability or result in plant operation in a configuration assumptions and current plant operating consequences of an accident previously outside the design basis. The proposed practice. evaluated? Consequently, the proposed changes do not Response: No. changes do not adversely affect systems that create the possibility of a new or different The proposed changes, including the respond to safely shut down the plant and to kind of accident from any accident modification of VCSNS Units 2&3 License maintain the plant in a safe shutdown previously evaluated. Conditions and submittal of the new plant- condition. 3. Does the proposed amendment involve specific EALs for both units, do not impact a significant reduction in a margin of safety? the physical function of plant structures, The NRC staff has reviewed the Response: No. systems, or components (SSC) or the manner licensee’s analysis and, based on this The design, operation, testing methods, in which SSCs perform their design function. review, it appears that the three and acceptance criteria for systems, The proposed changes neither adversely standards of 10 CFR 50.92(c) are structures, and components (SSCs), specified affect accident initiators or precursors, nor satisfied. Therefore, the NRC staff in applicable codes and standards (or alter design assumptions. The proposed proposes to determine that the alternatives approved for use by the NRC) changes do not alter or prevent the ability of amendment request involves no will continue to be met as described in the SSCs to perform their intended function to plant licensing basis (including the final mitigate the consequences of an initiating significant hazards consideration. safety analysis report and bases to TSs), since event within assumed acceptance limits. No Attorney for licensee: Kathryn M. these are not affected by changes to the operating procedures or administrative Sutton, Morgan, Lewis & Bockius LLC, surveillance frequencies. Similarly, there is controls that function to prevent or mitigate 1111 Pennsylvania Avenue NW., no impact to safety analysis acceptance accidents are affected by the proposed Washington, DC, 20004–2514. criteria as described in the plant licensing changes. basis. To evaluate a change in the relocated Therefore, the proposed changes do not NRC Branch Chief: Lawrence J. surveillance frequency, I&M will perform a involve a significant increase in the Burkhart.

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South Carolina Electric and Gas accidents evaluated in the UFSAR are not depart from certified AP1000 Tier 1 Company Docket Nos. 52–027 and 52– affected. information and from the plant-specific 028, Virgil C. Summer Nuclear Station Therefore, the proposed changes do not Tier 2 Updated Final Safety Analysis involve a significant increase in the (VCSNS), Units 2 and 3, Fairfield probability or consequences of an accident Report (UFSAR) information by County, South Carolina previously evaluated. reconfiguring the signal processing in Date of amendment request: October 2. Does the proposed amendment create the two processor cabinets currently 21, 2015. A publicly-available version is the possibility of a new or different kind of planned for the Annex Building and in ADAMS under Accession No. accident from any accident previously relocating the cabinets to the Auxiliary evaluated? Building. The proposed changes also ML15295A090. Response: No. Description of amendment request: change the hardware and reduce the The proposed changes to the nonsafety- number of functions of the cabinet as The proposed change, if approved, to related low capacity VWS subsystem do not depart from certified AP1000 DCD Tier affect any safety-related equipment, nor do well as changing the power supply to 1 information and from the plant- they add any new interfaces to safety-related one backed by separate diesel specific Tier 2 and Tier 2* information SSCs. No system or design function or generators. Because this proposed in the Updated Final Safety Analysis equipment qualification is affected by these change requires a departure from Tier 1 changes. The changes do not introduce a new information in the Westinghouse Report (UFSAR) for VCSNS, Units 2 and failure mode, malfunction or sequence of 3, by modifying the overall design of the Advanced Passive 1000 Design Control events that could affect safety-related Document (DCD), the licensee also Central Chilled Water subsystem to equipment. relocate the Air Cooled Chiller Pump 3 Therefore, the proposed changes do not requested an exemption from the (VWS–MP–03) and associated create the possibility of a new or different requirements of the Generic DCD Tier 1 equipment from the Auxiliary Building kind of accident from any accident in accordance with 10 CFR 52.63(b)(1). to the Annex Building, for each unit previously evaluated. The accession number associated with 3. Does the proposed amendment involve respectively. The proposed changes this amendment request and previous a significant reduction in a margin of safety? sentence are the subject of this include information in the combined Response: No. license, Appendix C. An exemption correction. The VWS is a nonsafety-related system that Basis for proposed no significant request relating to the proposed changes performs the defense-in-depth function of hazards consideration determination: to the AP1000 DCD Tier 1 is included providing a reliable source of chilled water As required by 10 CFR 50.91(a), the with the request. to various HVAC subsystems and unit coolers licensee has provided its analysis of the Basis for proposed no significant and the safety-related function of providing issue of no significant hazards hazards consideration determination: isolation of the VWS lines penetrating the containment. The changes to the VWS do not consideration, which is presented As required by 10 CFR 50.91(a), the affect the VWS containment penetrations or below: licensee has provided its analysis of the any other safety-related equipment or fission issue of no significant hazards product barriers. The requested changes will 1. Does the proposed amendment involve consideration, which is presented not affect any design code, function, design a significant increase in the probability or below: analysis, safety analysis input or result, or consequences of an accident previously design/safety margin. No safety analysis or evaluated? 1. Does the proposed amendment involve design basis acceptance limit/criterion is Response: No. a significant increase in the probability or challenged or exceeded by the requested The proposed changes to the design of the consequences of an accident previously changes. diverse actuation system (DAS) conform to evaluated? Therefore, the proposed amendment does the DAS fire-induced spurious actuation Response: No. not involve a significant reduction in a (smart fire) of the squib valves and single The Central Chilled Water System (VWS) margin of safety. point failure criteria. The DAS is a nonsafety- performs the nonsafety-related function of related diverse backup to the safety-related supplying chilled water to the heating, The NRC staff has reviewed the protection and safety monitoring system ventilation, and air conditioning (HVAC) licensee’s analysis and, based on this (PMS). The proposed changes do not involve systems. The only safety-related function of review, it appears that the three any accident initiating component/system the VWS is to provide isolation of the VWS standards of 10 CFR 50.92(c) are failure or event, thus the probabilities of the lines penetrating the containment. The low satisfied. Therefore, the NRC staff accidents previously evaluated are not capacity VWS is non-seismically designed. proposes to determine that the affected. The affected equipment does not The change to relocate an air cooled chiller amendment request involves no adversely affect or interact with safety-related pump and associated equipment and add a significant hazards consideration. equipment or a radioactive material barrier, chemical feed tank to this pump does not Attorney for licensee: Kathryn M. and this activity does not involve the adversely affect the capability of either low Sutton, Morgan, Lewis & Bockius LLC, containment of radioactive material. Thus, capacity VWS subsystem loop to perform the the proposed changes would not affect any system design function. This change does not 1111 Pennsylvania Avenue NW., safety-related accident mitigating function. have an adverse impact on the response to Washington, DC, 20004–2514. The radioactive material source terms and anticipated transient or postulated accident NRC Branch Chief: Lawrence J. release paths used in the safety analyses are conditions because the low capacity VWS is Burkhart. unchanged, thus the radiological releases in a nonsafety-related and non-seismic system. South Carolina Electric and Gas the Updated Final Safety Analysis Report No safety-related structure, system, (UFSAR) accident analyses are not affected. component (SSC) or function is involved Company Docket Nos. 52–027 and 52– Therefore, the proposed changes do not with or affected by this change. The changes 028, Virgil C. Summer Nuclear Station involve a significant increase in the to the low capacity VWS subsystem do not (VCSNS) Units 2 and 3, Fairfield probability or consequences of an accident involve an interface with any SSC accident County, South Carolina previously evaluated. initiator or initiating sequence of events, and Date of amendment request: 2. Does the proposed amendment create thus, the probabilities of the accidents the possibility of a new or different kind of evaluated in the plant-specific [Updated November 4, 2015. A publicly-available accident from any accident previously Final Safety Analysis Report] UFSAR are not version is in ADAMS under Accession evaluated? affected. The proposed VWS change does not No. ML15308A595. This accession Response: No. involve a change to the predicted radiological number is corrected in this notice. The proposed changes to the design of the releases due to postulated accident Description of amendment request: DAS do not alter the performance of the DAS conditions, thus, the consequences of the The proposed change, if approved, to as a nonsafety-related diverse backup to the

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PMS. The new configuration within two and opportunity for a hearing in Date of initial notice in Federal independent and separate processor cabinets connection with these actions, was Register: March 31, 2015 (80 FR located in the Auxiliary Building do not published in the Federal Register as 17085). The supplemental letters dated adversely affect any safety-related equipment indicated. January 15, 2015, July 31, 2015, August or function, therefore no new accident Unless otherwise indicated, the initiator or failure mode is created. The 17, 2015, and October 23, 2015, changes to provide independent power Commission has determined that these provided additional information that supplies to the separate processor cabinets do amendments satisfy the criteria for clarified the application, did not expand not have any impact on any safety-related categorical exclusion in accordance the scope of the application as originally equipment or function, and no new accident with 10 CFR 51.22. Therefore, pursuant noticed, and did not change the staff’s or failure mode is created. The proposed to 10 CFR 51.22(b), no environmental original proposed no significant hazards changes do not create a new fault or sequence impact statement or environmental consideration determination as of events that could lead to a radioactive assessment need be prepared for these published in the Federal Register. release. The changes do not adversely affect amendments. If the Commission has any safety-related equipment or structure. The Commission’s related evaluation Therefore, the proposed changes do not prepared an environmental assessment of the amendment is contained in an SE create the possibility of a new or different under the special circumstances dated December 18, 2015. provision in 10 CFR 51.22(b) and has kind of accident from any accident No significant hazards consideration previously evaluated. made a determination based on that comments received: No. 3. Does the proposed amendment involve assessment, it is so indicated. a significant reduction in a margin of safety? For further details with respect to the Exelon Generation Company, LLC, Response: No. action see (1) the applications for Docket Nos. 50–317 and 50–318, Calvert The proposed changes to the design of the amendment, (2) the amendment, and (3) Cliffs Nuclear Power Plant, Unit Nos. 1 DAS do not affect any safety-related the Commission’s related letter, Safety equipment or function. The proposed and 2, Calvert County, Maryland Evaluation and/or Environmental changes do not have any adverse effect on the Date of amendment request: February ability of safety-related structures, systems, Assessment as indicated. All of these or components to perform their design basis items can be accessed as described in 13, 2014, as supplemented by letter functions. No safety analysis or design basis the ‘‘Obtaining Information and dated June 22, 2015. acceptance limit/criterion is challenged or Submitting Comments’’ section of this Brief description of amendments: exceeded by the proposed changes, thus no document. These amendments revise Technical margin of safety is reduced. Therefore, the Specification (TS) 3.4.10, ‘‘Pressurizer Duke Energy Carolinas, LLC, Docket proposed amendment does not involve a Safety Valves,’’ to modify as-found lift significant reduction in a margin of safety. Nos. 50–413 and 50–414, Catawba tolerances in the surveillance Nuclear Station, Units 1 and 2, York The NRC staff has reviewed the requirement (SR). The changes to the SR County, South Carolina licensee’s analysis and, based on this reduce the lift setpoint for valve RC– review, it appears that the three Date of amendment request: 201, and increase the allowable as- standards of 10 CFR 50.92(c) are November 24, 2014, as supplemented by found setpoint tolerance on valves RC– satisfied. Therefore, the NRC staff letters dated January 15, 2015, July 31, 200 and RC–201. proposes to determine that the 2015, August 17, 2015, and October 23, Date of issuance: December 30, 2015. amendment request involves no 2015. Effective date: As of the date of significant hazards consideration. Brief description of amendments: The Attorney for licensee: Kathryn M. amendments revised Technical issuance and shall be implemented at or Sutton, Morgan, Lewis & Bockius LLC, Specifications to correct non- before the end of the second refueling 1111 Pennsylvania Avenue NW., conservative setpoints. Specifically, the outage following issuance. Washington, DC, 20004–2514. Allowable Value and Nominal Trip Amendment Nos.: 315 and 293. A NRC Branch Chief: Lawrence J. Setpoint for the Auxiliary Feedwater publicly-available version is in ADAMS Burkhart. Loss of Offsite Power (Function 6.d) are under Accession No. ML15279A191; documents related to these amendments III. Notice of Issuance of Amendments modified. Additionally, the values in the associated Surveillance Requirement are listed in the Safety Evaluation (SE) to Facility Operating Licenses and enclosed with the amendments. Combined Licenses 3.3.5.2 would be modified to the same values. As part of the change, the Renewed Facility Operating License During the period since publication of licensee is also proposing to add the Nos. DPR–53 and DPR–69: Amendments the last biweekly notice, the applicable footnotes in accordance with revised the Renewed Facility Operating Commission has issued the following Technical Specification Task Force-493, Licenses and TSs. amendments. The Commission has Revision 4, ‘‘Clarify Application of Date of initial notice in Federal determined for each of these Setpoint Methodology for LSSS Register: July 22, 2014 (79 FR 42549). amendments that the application Functions.’’ The supplemental letter dated June 22, complies with the standards and Date of issuance: December 18, 2015. 2015, provided additional information requirements of the Atomic Energy Act Effective date: As of the date of that clarified the application, did not of 1954, as amended (the Act), and the issuance and shall be implemented expand the scope of the application as Commission’s rules and regulations. within 60 days of issuance. originally noticed, and did not change The Commission has made appropriate Amendment Nos.: 277 and 273. A the NRC staff’s original proposed no findings as required by the Act and the publicly-available version is in ADAMS significant hazards consideration Commission’s rules and regulations in under Accession No. ML15320A333; determination as published in the 10 CFR Chapter I, which are set forth in documents related to these amendments Federal Register. the license amendment. are listed in the Safety Evaluation (SE) A notice of consideration of issuance enclosed with the amendments. The Commission’s related evaluation of amendment to facility operating Facility Operating License Nos. NPF– of the amendment is contained in an SE license or combined license, as 35 and NPF–52: Amendments revised dated December 30, 2015. applicable, proposed no significant the Facility Operating Licenses and No significant hazards consideration hazards consideration determination, Technical Specifications. comments received: No.

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NextEra Energy Duane Arnold, LLC, are listed in the Safety Evaluation Tennessee Valley Authority, Docket Docket No. 50–331, Duane Arnold enclosed with the amendment. Nos. 50–259, 50–260, and 50–296, Energy Center, Linn County, Iowa Facility Combined Licenses No. NPF– Browns Ferry Nuclear Plant, Units 1, 2, 93 and NPF–94: Amendment revised the Date of amendment request: January and 3, Limestone County, Alabama Facility Combined Licenses. 26, 2015. Date of amendment request: February Date of initial notice in Federal Brief description of amendment: The 17, 2015, as supplemented by letter Register: September 30, 2014 (79 FR amendment revised the Duane Arnold dated September 25, 2015. 58812). Brief description of amendments: The Energy Center technical specifications The Commission’s related evaluation (TSs) Section 3.8.3, ‘‘Diesel Fuel Oil, amendments revised Table 3.3.6.1–1, of the amendment is contained in the ‘‘Primary Containment Isolation Lube Oil, and Starting Air,’’ by Safety Evaluation dated November 20, removing the current stored diesel fuel Instrumentation,’’ of the Technical 2015. The supplemental letters dated Specifications (TSs) to correct an oil, and lube oil numerical volume July 9, October 9, and November 21, requirements from the TS and replacing inadvertent omission made by 2014 and June 2, 2015, provided Amendment Nos. 251, 290, and 249, for them with diesel operating time additional information that clarified the requirements consistent with Technical Units 1, 2, and 3, respectively (ADAMS application, did not expand the scope of Accession No. ML042730028). Specifications Task Force (TSTF) the application as originally noticed, Traveler TSTF–501, Revision 1, Specifically, the revision added the and did not change the staff’s original number ‘‘3’’ to indicate Mode 3 for ‘‘Relocate Stored Fuel Oil and Lube Oil proposed no significant hazards Volume Values to Licensee Control.’’ Function 5.g, Standby Liquid Control consideration determination as System (SLCS) initiation, to the column Date of issuance: December 22, 2015. published in the Federal Register. Effective date: As of the date of titled ‘‘Applicable Modes or Other No significant hazards consideration Specified Conditions.’’ With this issuance and shall be implemented comments received: No. within 60 days. inadvertent error corrected, SLCS is Amendment No.: 292. A publicly- STP Nuclear Operating Company, required to be operable in Modes 1, 2, available version is in ADAMS under Docket Nos. 50–498 and 50–499, South and 3. Accession No. ML15310A082; Texas Project, Units 1 and 2 (STP), Date of issuance: December 23, 2015. documents related to this amendment Matagorda County, Texas Effective date: As of the date of issuance and shall be implemented are listed in the Safety Evaluation (SE) Date of amendment request: April 23, within 60 days of issuance. enclosed with the amendment. 2015. Amendment Nos.: 294 (Unit 1), 319 Renewed Facility Operating License Brief description of amendment: The (Unit 2), and 277 (Unit 3). A publicly- No. DPR–49: The amendment revised amendment revised the STP Technical available version is in ADAMS under the Renewed Facility Operating License Specification Limiting Condition for Accession No. ML15321A472; and Technical Specifications. Operation (LCO) 3.4.5, ‘‘Steam documents related to these amendments Date of initial notice in Federal Generator Tube Integrity,’’ Surveillance are listed in the Safety Evaluation (SE) Register: May 12, 2015 (80 FR 27200). Requirement 4.4.5.2, Administrative enclosed with the amendments. The Commission’s related evaluation Controls Specification 6.8.3.o, ‘‘Steam of the amendment is contained in an SE Generator Program,’’ and Specification Renewed Facility Operating License dated December 22, 2015. 6.9.1.7, ‘‘Steam Generator Tube Nos. DPR–33, DPR–52, and DPR–68: No significant hazards consideration Inspection Report.’’ These changes are Amendments revised the Renewed comments received: No. needed to address implementation Facility Operating Licenses and TSs. Federal issues associated with the inspection Date of initial notice in South Carolina Electric & Gas Company, Register periods, and address other : May 26, 2015 (80 FR 30102). Docket Nos. 52–027 and 52–028, Virgil The supplemental letter dated C. Summer Nuclear Station (VCSNS) administrative changes and clarifications. September 25, 2015, provided Units 2 and 3, Fairfield County, South additional information that clarified the Carolina Date of issuance: December 28, 2015. Effective date: As of the date of application, did not expand the scope of Date of amendment request: June 12, issuance and shall be implemented the application as originally noticed, 2014, supplemented by letters dated within 90 days from the date of and did not change the staff’s original July 9, October 9, and November 21, issuance. proposed no significant hazards 2014 and June 2, 2015. Amendment Nos.: Unit 1—209; Unit consideration determination as Description of amendment: The 2—196. A publicly-available version is published in the Federal Register. amendment authorizes a departure from in ADAMS under Accession No. The Commission’s related evaluation VCSNS Units 2 and 3 plant-specific ML15342A003; documents related to of the amendment is contained in an SE AP1000 Design Control Document these amendments are listed in the dated December 23, 2015. (DCD) Tier 2* material contained within Safety Evaluation enclosed with the No significant hazards consideration the VCSNS Units 2 and 3 Updated Final amendments. comments received: No. Safety Analysis Report to correct Facility Operating License Nos. NPF– Tennessee Valley Authority, Docket editorial errors and ensure consistency 76 and NPF–80: The amendments No. 50–390, Watts Bar Nuclear Plant with the existing UFSAR Tier 1 and Tier revised the Facility Operating Licenses (WBNP), Unit 1, Rhea County, 2 information. and Technical Specifications. Tennessee Date of issuance: November 20, 2015. Date of initial notice in Federal Date of amendment request: August Effective date: As of the date of Register: June 23, 2015 (80 FR 35985). 13, 2015, as supplemented by letter issuance and shall be implemented The Commission’s related evaluation dated August 27, 2015. within 30 days of issuance. of the amendments is contained in a Brief description of amendment: The Amendment No.: 37. A publicly- Safety Evaluation dated December 28, amendment revised the facility available version is in ADAMS at 2015. operating license to modify a license Accession No. ML15280A438; No significant hazards consideration condition and add a new license documents related to this amendment comments received: No. condition to reflect the implementation

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of the dual-unit Fire Protection Report U.S.C. 4314(c)(1) through (5), has for the proper performance of the for the WBNP. established a Senior Executive Service functions of the agency, including Date of issuance: December 23, 2015. PRB. The PRB reviews and evaluates the whether the information will have Effective date: As of the date of initial appraisal of a senior executive’s practical utility; issuance and shall be implemented performance by the supervisor, and 2. Evaluate the accuracy of the prior to WBNP, Unit 2, entry into Mode makes recommendations to the agency’s estimate of the burden of the 4, ‘‘Hot Shutdown.’’ Chairman of the Review Commission proposed collection of information, Amendment No.: 105. A publicly- regarding performance ratings, including the validity of the available version is in ADAMS under performance awards, and pay-for- methodology and assumptions used; Accession No. ML15344A318; performance adjustments. Members of 3. Enhance the quality, utility, and documents related to this amendment the PRB serve for a period of 24 months. clarity of the information to be are listed in the Safety Evaluation (SE) In the case of an appraisal of a career collected; and enclosed with the amendment. appointee, more than half of the 4. Minimize the burden of the Facility Operating License No. NPF– members shall consist of career collection of information on those who 90: Amendment revised the Facility appointees, pursuant to 5 U.S.C. are to respond, including through the Operating License. 4314(c)(5). The names and titles of the use of appropriate automated, Date of initial notice in Federal PRB members are as follows: • electronic, mechanical, or other Register: September 4, 2015 (80 FR Nancy P. Bray, Director, Spaceport technological collection techniques or 53581). The supplemental letter dated Integration and Services, National other forms of information technology, August 27, 2015, provided additional Aeronautics and Space Administration; e.g., permitting electronic submissions • Christine M. Condon, Principal information that clarified the of responses. application, did not expand the scope of Director, Deputy Chief Information the application as originally noticed, Officer for Resources and Analysis, DATES: Comments are encouraged and and did not change the staff’s original Office of the Secretary of Defense, DOD; will be accepted until March 21, 2016. • proposed no significant hazards Gerri Ratliff, Deputy Division This process is conducted in accordance consideration determination as Director, National Science Foundation; with 5 CFR 1320.8(d). published in the Federal Register. and ADDRESSES: Interested persons are • The Commission’s related evaluation Monica R. Shephard, Vice Director, invited to submit written comments on of the amendment is contained in an SE Joint Force Development. the proposed information collection to dated December 23, 2015. Dated: January 11, 2016. the Federal Investigative Services, U.S. No significant hazards consideration Cynthia L. Attwood, Office of Personnel Management, 1900 E comments received: No. Acting Chairman. Street NW., Washington, DC 20415, Attention: Donna McLeod or by Dated at Rockville, Maryland, this 7th day [FR Doc. 2016–00913 Filed 1–15–16; 8:45 am] electronic mail at FISFormsComments@ of January 2016. BILLING CODE 7600–01–P For the Nuclear Regulatory Commission. opm.gov. Anne T. Boland, FOR FURTHER INFORMATION CONTACT: A Director, Division of Operating Reactor OFFICE OF PERSONNEL copy of this information collection, with Licensing, Office of Nuclear Reactor MANAGEMENT applicable supporting documentation, Regulation. may be obtained by contacting Federal [FR Doc. 2016–00686 Filed 1–15–16; 8:45 am] Notice of Submission for Approval: Investigative Services, U.S. Office of BILLING CODE 7590–01–P Information Collection 3206–0259; Personnel Management, 1900 E Street Freedom of Information/Privacy Act NW., Washington, DC 20415, Attention: Record Request Form, INV 100 Donna McLeod or by electronic mail at [email protected]. OCCUPATIONAL SAFETY AND AGENCY: U.S. Office of Personnel HEALTH REVIEW COMMISSION Management. SUPPLEMENTARY INFORMATION: The Freedom of Information/Privacy Act ACTION: 60-Day Notice and request for Senior Executive Service Performance Record Request Form, INV 100, is an comments. Review Board Membership information collection completed by SUMMARY: Federal Investigative Services individuals submitting Freedom of AGENCY: Occupational Safety and Health (FIS), U.S. Office of Personnel Information (FOIA), Privacy Act, and Review Commission. Management (OPM) is notifying the Amendment record requests to OPM’s ACTION: Annual notice. general public and other Federal Federal Investigative Services (FIS), Freedom of Information and Privacy Act SUMMARY: Notice is given under 5 U.S.C. agencies that OPM is seeking Office of (FOI/PA) office. OPM’s FIS–FOI/PA 4314(c)(4) of the appointment of Management and Budget (OMB) office utilizes the optional form INV 100 members to the Performance Review approval for renewal of information to standardize collection of data Board (PRB) of the Occupational Safety collection control number 3206–0259, elements specific to the types of record and Health Review Commission. Freedom of Information/Privacy Act Record Request Form, INV 100. OPM is requests. Current record requests can be DATES: Membership is effective on soliciting comments for this collection submitted to FIS–FOI/PA in a format January 19, 2016. as required by the Paperwork Reduction chosen by the requester. Often, requests FOR FURTHER INFORMATION CONTACT: Act of 1995, (Pub. L. 104–13, 44 U.S.C. are missing data elements which require Linda M. Beard, Human Resources chapter 35), as amended by the Clinger- contact with the requester, thereby Specialist, U.S. Occupational Safety and Cohen Act (Pub. L. 104–106). The Office adding time to the process. Health Review Commission, 1120 20th of Management and Budget is Standardization of the data elements Street NW., Washington, DC 20036, particularly interested in comments collected can assist with enabling FIS– (202) 606–5393. that: FOI/PA to fulfill FOIA, Privacy Act, and SUPPLEMENTARY INFORMATION: The 1. Evaluate whether the proposed Amendment requests in an efficient Review Commission, as required by 5 collection of information is necessary manner.

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OPM proposes no changes to the are to respond, including through the Authority, and Privacy Statement to form. use of appropriate automated, further explain uses of the form. electronic, mechanical, or other Analysis Analysis technological collection techniques or Agency: Federal Investigative other forms of information technology, Agency: Federal Investigative Services, U.S. Office of Personnel e.g., permitting electronic submissions Services, U.S. Office of Personnel Management. of responses. Management. Title: Freedom of Information/Privacy Title: Fingerprint Chart Standard Act Record Request Form, INV 100. DATES: Comments are encouraged and will be accepted until March 21, 2016. Form 87, SF 87. OMB Number: 3206–0259. OMB Number: 3206–0150. Affected Public: Individuals This process is conducted in accordance with 5 CFR 1320.8(d). Affected Public: Applicants who are submitting FOIA and Privacy Act record under consideration for Federal or requests to FIS–FOI/PA. ADDRESSES: Interested persons are Federal contract employment, or Number of Respondents: 15,682. invited to submit written comments on Estimated Time per Respondent: 5 continued such employment, and by the proposed information collection to persons seeking long-term access to minutes. the Federal Investigative Services, U.S. Total Burden Hours: 1,307. Federal facilities and systems. Office of Personnel Management, 1900 E Number of Respondents: 52,318. U.S. Office of Personnel Management. Street NW., Washington, DC 20415, Estimated Time per Respondent: 5 Beth F. Cobert, Attention: Donna McLeod or by minutes. Acting Director. electronic mail at FISFormsComments@ Total Burden Hours: 4,360. opm.gov. [FR Doc. 2016–00990 Filed 1–15–16; 8:45 am] U.S. Office of Personnel Management. BILLING CODE 6325–53–P FOR FURTHER INFORMATION CONTACT: A Beth F. Cobert, copy of this information collection, with applicable supporting documentation, Acting Director. OFFICE OF PERSONNEL may be obtained by contacting Federal [FR Doc. 2016–00993 Filed 1–15–16; 8:45 am] MANAGEMENT Investigative Services, U.S. Office of BILLING CODE 6325–53–P Personnel Management, 1900 E Street Notice of Submission for Approval: NW., Washington, DC 20415, Attention: Information Collection 3206–0150; Donna McLeod or by electronic mail at POSTAL REGULATORY COMMISSION Fingerprint Chart Standard Form 87, [email protected]. SF 87 [Docket No. CP2015–104; Order No. 3025] SUPPLEMENTARY INFORMATION: The SF 87 AGENCY: U.S. Office of Personnel is a fingerprint card, which is utilized New Postal Product Management. to conduct a national criminal history AGENCY: Postal Regulatory Commission. ACTION: 60-Day Notice and request for check, which is a component of the comments. background investigation. The SF 87 is ACTION: Notice. completed by individuals who are SUMMARY: SUMMARY: The Commission is noticing a Federal Investigative Services under consideration for appointment to (FIS), U.S. Office of Personnel recent Postal Service filing concerning a or retention in a Federal position or Management (OPM) is notifying the modification to a Global Expedited performance of work on behalf of the general public and other Federal Package Services 3 negotiated service Government. The SF 87 fingerprint agencies that OPM is seeking Office of agreement. This notice informs the chart is used in background Management and Budget (OMB) public of the filing, invites public investigations to establish that such approval of a revised information comment, and takes other persons are eligible for logical and collection control number 3206–0150, administrative steps. physical access to Government facilities Fingerprint Chart Standard Form 87, SF and systems; suitable or fit to perform DATES: Comments are due: January 20, 87. OPM is soliciting comments for this work for, on behalf of, the Federal 2016. collection as required by the Paperwork ADDRESSES: Submit comments Reduction Act of 1995, (Pub. L. 104–13, Government; suitable for employment or retention in a public trust position, electronically via the Commission’s 44 U.S.C. chapter 35), as amended by Filing Online system at http:// the Clinger-Cohen Act (Pub. L. 104– suitable for employment or retention in www.prc.gov. Those who cannot submit 106). The Office of Management and a national security position, and/or comments electronically should contact Budget is particularly interested in eligible for access to classified national the person identified in the FOR FURTHER comments that: security information. The SF 87 form is 1. Evaluate whether the proposed only utilized when a hardcopy INFORMATION CONTACT section by collection of information is necessary fingerprint chart must be obtained, as telephone for advice on filing for the proper performance of the opposed to the electronic collection of alternatives. functions of the agency, including fingerprints. FOR FURTHER INFORMATION CONTACT: whether the information will have Due to the SF 87 form’s small size and David A. Trissell, General Counsel, at practical utility; the fact that it may be maintained in 202–789–6820. 2. Evaluate the accuracy of the multiple systems of records, it does not SUPPLEMENTARY INFORMATION: agency’s estimate of the burden of the list all potentially applicable routine proposed collection of information, uses under the Privacy Act. Accordingly Table of Contents including the validity of the 5 U.S.C. 552a(e)(3)(C) requires that an I. Introduction methodology and assumptions used; agency issuing the SF 87 form must also II. Notice of Filings 3. Enhance the quality, utility, and give the subject a copy of the routine III. Ordering Paragraphs clarity of the information to be uses for the applicable system of records I. Introduction collected; and and FBI’s Privacy Act Notice and 4. Minimize the burden of the Privacy Rights. OPM proposes to add On January 12, 2016, the Postal collection of information on those who clarifying language to the Purpose, Service filed notice that it has agreed to

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a Modification to the existing Global By the Commission. The text of the proposed rule change Expedited Package Services 3 negotiated Stacy L. Ruble, is available on the Exchange’s Web site service agreement approved in this Secretary. at http:// 1 docket. In support of its Notice, the [FR Doc. 2016–00876 Filed 1–15–16; 8:45 am] nasdaqomxbx.cchwallstreet.com/, at the Postal Service includes a redacted copy BILLING CODE 7710–FW–P principal office of the Exchange, and at of the Modification and a certification of the Commission’s Public Reference compliance with 39 U.S.C. 3633(a), as Room. required by 39 CFR 3015.5. SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s The Postal Service also filed the COMMISSION Statement of the Purpose of, and unredacted Modification and supporting Statutory Basis for, the Proposed Rule financial information under seal. The [Release No. 34–76875; File No. SR–BX– Change Postal Service seeks to incorporate by 2016–002] reference the Application for Non- In its filing with the Commission, the Self-Regulatory Organizations; Public Treatment originally filed in this Exchange included statements NASDAQ OMX BX, Inc.; Notice of Filing docket for the protection of information concerning the purpose of and basis for and Immediate Effectiveness of that it has filed under seal. Id. at 1–2. the proposed rule change and discussed Proposed Rule Change To Amend The Modification ‘‘revises a few any comments it received on the Section (a)(6) of Rule 1120 (Continuing articles in the agreement and replaces proposed rule change. The text of these Education Requirements) Annex 1 of the agreement.’’ Id. at 1. statements may be examined at the The Postal Service states that it will January 12, 2016. places specified in Item IV below. The ‘‘notify the Mailer of the Effective Date Pursuant to Section 19(b)(1) of the Exchange has prepared summaries, set of this Modification within thirty (30) Securities Exchange Act of 1934 forth in sections A, B, and C below, of days after receiving the approval of the (‘‘Act’’),1 and Rule 19b–4 2 thereunder, the most significant aspects of such entities that have oversight notice is hereby given that, on January statements. responsibilities for the USPS.’’ Id., 7, 2016, NASDAQ OMX BX, Inc. (‘‘BX’’ A. Self-Regulatory Organization’s Attachment 1 at 2. The Postal Service or ‘‘Exchange’’) filed with the Securities Statement of the Purpose of, and asserts that the Modification will not and Exchange Commission (‘‘SEC’’ or Statutory Basis for, the Proposed Rule impair the ability of the contract to ‘‘Commission’’) the proposed rule Change comply with 39 U.S.C. 3633. Id., change as described in Items I and II 1. Purpose Attachment 2. below, which Items have been prepared II. Notice of Filings by the Exchange. The Commission is The CE requirements under Rule 1120 publishing this notice to solicit consist of a Regulatory Element 4 and a The Commission invites comments on comments on the proposed rule change Firm Element.5 The Regulatory Element whether the changes presented in the from interested persons. applies to all registered persons 6 and Postal Service’s Notice are consistent consists of periodic computer-based with the policies of 39 U.S.C. 3632, I. Self-Regulatory Organization’s training on regulatory, compliance, 3633, or 3642, 39 CFR 3015.5, and 39 Statement of the Terms of Substance of ethical, and supervisory subjects and CFR part 3020, subpart B. Comments are the Proposed Rule Change sales practice standards, which must be due no later than January 20, 2016. The The Exchange proposes to amend completed within prescribed public portions of these filings can be section (a)(6) of Rule 1120 (Continuing timeframes.7 In addition, a registered accessed via the Commission’s Web site Education Requirements) to provide for person is required to retake the (http://www.prc.gov). web-based delivery of the Exchange’s Regulatory Element in the event that The Commission appoints Curtis E. continuing education (‘‘CE’’) program. such person (A) is subject to any Kidd to represent the interests of the The proposed rule change would phase statutory disqualification as defined in general public (Public Representative) out the current option of completing the Section 3(a)(39) of the Act; (B) is subject in this docket. Regulatory Element in a test center, and III. Ordering Paragraphs eliminates the rule providing for in- Effectiveness of a Proposed Rule Change Relating to house delivery of the Regulatory Delivery of the Regulatory Element of the Exchange’s Continuing Education Program) (SR– It is ordered: Element of the CE program. The 1. The Commission reopens Docket CBOE–2015–084). amendments will delete the current text 4 See Rule 1120(a) (Regulatory Element). No. CP2015–104 for consideration of of Rule 1120(a)(6) (In-Firm Delivery of 5 See Rule 1120(b) (Firm Element). matters raised by the Postal Service’s the Regulatory Element). The 6 For purposes of the Regulatory Element, a Notice. Exchange’s proposal is materially ‘‘registered person’’ means any person registered 2. Pursuant to 39 U.S.C. 505, the similar to a recent FINRA filing to with the Exchange as a representative, principal, or Commission appoints Curtis E. Kidd to assistant representative pursuant to the Rule 1020, amend FINRA Rule 1250, which was 1030 and 1110 Series. See Rule 1120(a)(5). serve as an officer of the Commission recently approved by the Securities and 7 Pursuant to Rule 1120(a)(1), each registered (Public Representative) to represent the Exchange Commission (‘‘SEC’’ or person shall complete the Regulatory Element of the interests of the general public in this ‘‘Commission’’).3 continuing education program beginning with the proceeding. occurrence of their second registration anniversary date and every three years thereafter, or as 3. Comments are due no later than 1 15 U.S.C. 78s(b)(1). otherwise prescribed by the Exchange. On each January 20, 2016. 2 17 CFR 240.19b–4. occasion, the Regulatory Element must be 4. The Secretary shall arrange for 3 See Securities Exchange Act Release No. 75581 completed within 120 days after the person’s publication of this order in the Federal (July 31, 2015), 80 FR 47018 (August 6, 2015) registration anniversary date. A person’s initial (Order Approving a Proposed Rule Change to registration date, also known as the ‘‘base date’’, Register. Provide a Web-based Delivery Method for shall establish the cycle of anniversary dates for Completing the Regulatory Element of the purposes of the Rule. The content of the Regulatory 1 Notice of the United States Postal Service of Continuing Education Requirements) (SR–FINRA– Element of the program shall be determined by the Filing Modification to Global Expedited Package 2015–015). See also Securities Exchange Act Exchange and shall be appropriate to either the Services 3 Negotiated Service Agreement, January Release No. 76107 (October 8, 2015), 80 FR 62139 registered representative or principal status of the 12, 2016 (Notice). (October 15, 2015) (Notice of Filing and Immediate person subject to the Rule.

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to suspension or to the imposition of a Today, most registered persons paragraph (a) of Rule 1120(a) will be fine of $5,000 or more for violation of complete the Regulatory Element in a administered through Web-based any provision of any securities law or test center rather than in-firm. Given the delivery or such other technological regulation, or any agreement with or advances in Web-based technology, the manner and format as specified by the rule or standard of conduct of any Exchange believes that there is Exchange. Should the Exchange securities governmental agency, diminishing utility in the test center and determine to administer the Regulatory securities self-regulatory organization, in-firm delivery methods. Moreover, Element through a delivery mechanism or as imposed by any such regulatory or according to FINRA,10 registered other than Web-based delivery, self-regulatory organization in persons have raised concerns with the however, the Exchange would notify the connection with a disciplinary test center delivery method because of Commission and would need to file a proceeding; or (C) is ordered as a the travel involved, the limited time further rule change with the sanction in a disciplinary action to currently available to complete a Commission. retake the Regulatory Element by any Regulatory Element session 11 and the The first phase of the Web-based securities governmental agency or self- use of rigorous security measures at test delivery system was launched October regulatory organization. Rule 1120(a)(1) centers, which are appropriate for taking 1, 2015 and includes the Regulatory provides that the following Regulatory qualification examinations but onerous Element of the S201 Supervisor Program Elements administered by FINRA shall for a CE program.12 Also, according to for registered principals and be required: The S201 Supervisor FINRA, the test center is expensive to supervisors. The second phase of the Program for registered principals and operate.13 Web-based delivery system was supervisors, the S501 Series 56 In response to the issues noted above, launched January 4, 2016 and includes Proprietary Trader continuing education FINRA engaged in extensive outreach the Regulatory Element of the S101 program for Series 56 registered with the industry and completed a pilot General Program for Series 7 and all persons, and the S101 General Program of a Web-based delivery system for other registered persons, including, but 14 for Series 7 and all other registered administering the Regulatory Element. not limited to Securities Traders. persons. Currently, the rules state that According to FINRA, the proposed Web- The Exchange is proposing to phase Regulatory Element may be based system performed well during the out test-center delivery by no later than administered or in-firm subject to pilot in terms of both performance and six months after January 4, 2016. 15 specified procedures.8 The Regulatory accessibility. FINRA also received Registered persons will continue to have Element may also be administered in a positive feedback from firms and the the option of completing the Regulatory 16 test center. individual pilot participants. FINRA Element in a test center, but they will The Firm Element consists of annual, noted that among other things, pilot be required to use the Web-based system member-developed and administered participants appreciated the expanded after the test-center delivery is phased training programs for covered registered time to focus on the provided learning out.19 persons,9 which must be appropriate for materials without the pressure of a Further, the Exchange is deleting the the business of the member and, at a timed session and the ability to resume current language in Rule 1120(a)(6) or complete their session from where relating to in-firm delivery of the CE minimum, must cover the following 17 matters concerning securities products, they left off. Regulatory Element. The proposed Web- services and strategies offered by the Proposal based delivery method will provide registered persons the flexibility to member: (i) General investment features Based on the recent amendments to and associated risk factors; (ii) 18 complete the Regulatory Element at a FINRA Rule 1250, the Exchange location of their choosing, including suitability and sales practice proposes to amend Rule 1120(a)(6) to their private residence, at any time considerations; and (iii) applicable provide for a Web-based delivery during their 120-day window for regulatory requirements. method for completing the Regulatory completion of the Regulatory Element.20 Element. Specifically, the Exchange 8 The Exchange notes that the Web- Pursuant to Rule 1120(a)(6), Exchange Members proposes to amend Rule 1120(a)(6) to that are also FINRA members are currently based format will include safeguards to permitted to administer the continuing education provide that the continuing education authenticate the identity of the CE Regulatory Element program to their registered Regulatory Element set forth in persons by instituting an in-firm program to the candidate. For instance, prior to commencing a Web-based session, the extent such program has been deemed acceptable to 10 FINRA is currently responsible for the FINRA in accordance with NASD Rule 1120(a)(6). operation of the test centers used for test center candidate will be asked to provide a (The Exchange notes that NASD Rule 1120 has delivery method of the Regulatory Element. portion of their [sic] SSN (either first previously been superseded by FINRA Rule 1250 11 The current session time is three-and-a-half which FINRA has amended, as discussed above, to five or last four digits) and their [sic] hours. delete the in-firm CE option on a phased basis.) 12 Rule 1120(a)(6) provides that the Exchange and See Securities Exchange Act Release No. 75154 19 The Exchange has recently filed a separate FINRA are parties to the Regulatory Contract (June 11, 2015), 80 FR 34777 (June 17, 2015) (Notice proposed rule change, SR–BX–2015–090, to amend pursuant to which FINRA has agreed to perform of Filing of a Proposed Rule Change To Provide a Rule 7003, Registration and Processing Fees, to Web-Based Delivery Method for Completing the certain functions on behalf of the Exchange. reduce the cost for the CE Regulatory Element from Regulatory Element of the Continuing Education Therefore, Exchange members are complying with $100 to $55 if administered by Web-delivery. Fees Requirements) (SR–FINRA–2015–015). Exchange Rule 1120(a)(6) by complying with NASD for completing the CE Regulatory Element at a test 13 Rule 1250. In addition, functions performed by Id. at 34779. center will remain $100. 14 FINRA, FINRA departments, and FINRA staff under Id. 20 Although the proposed rule change provides Rule 1120(a)(6) are being performed by FINRA on 15 Id. flexibility, firms may choose to impose their own behalf of the Exchange. Exchange Members that are 16 Id. conditions based on their supervisory and not FINRA members are not permitted to institute 17 Id. compliance needs. For instance, a firm that wishes in-firm delivery of the Regulatory Element program. 18 See FINRA Rule 1250 (Continuing Education to have registered persons complete CE on the 9 Under Rule 1120(b)(1) (Persons Subject to the Requirements). See also Securities Exchange Act firm’s premises can do so by having the registered Firm Element), a ‘‘covered registered person’’ Release No. 75581 (July 31, 2015) 80 FR 47018 person access Web-based CE from a firm device and means any person registered with a member who (August 6, 2015) (Order Approving a Proposed Rule location. Moreover, firms would have to update has direct contact with customers in the conduct of Change to Provide a Web-based Delivery Method for their written policies and procedures regarding the the member’s securities sales, trading and Completing the Regulatory Element of the Regulatory Element to reflect the transition to Web- investment banking activities, and to the immediate Continuing Education Requirements) (SR–FINRA– based CE and communicate the update to registered supervisors of such persons. 2015–015). persons.

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date of birth. This information will only achieve better learning outcomes, which The Exchange has asked the be used for matching data in FINRA’s will in turn enhance investor protection. Commission to waive the 30-day Web-CRD system. The Web CE system Further, while the proposed rule change operative delay so that the proposal may will discard this information after the will provide more flexibility to members become operative upon filing. The matching process. Further, before and registered persons, it will maintain Exchange states the Exchange believes commencing a Web-based session, each the integrity of the Regulatory Element that the proposed rule change will candidate will be required to agree to of the CE program and the CE program improve members’ compliance efforts the Rules of Conduct for Web-based in general. and will allow registered persons to delivery. Among other things, the Rules spend more time on the review of CE B. Self-Regulatory Organization’s of Conduct will require each candidate materials and potentially achieve better Statement on Burden on Competition to attest that he or she is in fact the learning outcomes, which will in turn person who is taking the Web-based The Exchange does not believe that enhance investor protection. In session. The Rules of Conduct will also the proposed rule change will impose addition, waiving the operative delay require that each candidate agree that any burden on competition that is not will make BX’s rules consistent with the Regulatory Element content is necessary or appropriate in furtherance those of the other exchanges. For these intellectual property and that the of the purposes of the Act. The reasons, the Commission believes that content cannot be copied or Exchange notes that the proposed rule waiver of the 30-day operative delay is redistributed by any means. If the change is specifically intended to consistent with the protection of Exchange discovers that a candidate has reduce the burden on firms while investors and the public interest. violated the Rules of Conduct, the preserving the integrity of the CE Therefore, the Commission designates candidate will forfeit the results of the program. As described above, the Web- the proposed rule change to be operative Web-based session and may be subject based delivery method will provide upon filing.27 to disciplinary action by the Exchange. registered persons the flexibility to At any time within 60 days of the Violation of the Rules of Conduct will complete the Regulatory Element at any filing of the proposed rule change, the be considered conduct inconsistent with location that they choose. Further, Web- Commission summarily may high standards of commercial honor and based delivery is efficient and offers temporarily suspend such rule change if just and equitable principles of trade, in significant cost savings over test-center it appears to the Commission that such violation of Rule 2110, Standards of and in-firm deliveries. With respect to action is necessary or appropriate in the Commercial Honor and Principles of the authentication process for Web- public interest, for the protection of Trade. The Exchange is not proposing based delivery, the CE candidate’s investors, or otherwise in furtherance of any changes to the Firm Element personal identifying information will be the purposes of the Act. If the requirements under Rule 1120(b). masked and will be submitted to FINRA Commission takes such action, the through a secure, encrypted, network. Commission shall institute proceedings 2. Statutory Basis The personal identifying information to determine whether the proposed rule The Exchange believes that its submitted via the Web-based system should be approved or disapproved. proposal is consistent with Section 6(b) will be used for authentication purposes IV. Solicitation of Comments of the Act 21 in general, and furthers the only—the information will not be stored objectives of Section 6(b)(5) of the Act 22 in the Web-based system. Interested persons are invited to submit written data, views and in particular, in that it is designed to C. Self-Regulatory Organization’s arguments concerning the foregoing, promote just and equitable principles of Statement on Comments on the including whether the proposed rule trade, to remove impediments to and Proposed Rule Change Received From change is consistent with the Act. perfect the mechanism of a free and Members, Participants, or Others open market and a national market Comments may be submitted by any of system, and, in general to protect No written comments were either the following methods: solicited or received. investors and the public interest. Electronic Comments Additionally, the Exchange believes the III. Date of Effectiveness of the • Use the Commission’s Internet proposed rule change is consistent with Proposed Rule Change and Timing for comment form (http://www.sec.gov/ the Section 6(b)(5) 23 requirement that Commission Action the rules of an exchange not be designed rules/sro.shtml); or Because the proposed rule change • Send an email to rule-comments@ to permit unfair discrimination between does not (i) significantly affect the sec.gov. Please include File Number SR– customers, issuers, brokers, or dealers protection of investors or the public 24 BX–2016–002 on the subject line. and Section 6(c)(3) of the Act, which interest; (ii) impose any significant authorizes the Exchange to, among other burden on competition; and (iii) become Paper Comments things, prescribe standards of financial operative for 30 days from the date on • Send paper comments in triplicate responsibility or operational capability which it was filed, or such shorter time to Secretary, Securities and Exchange and standards of training, experience as the Commission may designate, the Commission, 100 F Street NE., and competence for its members and proposed rule change has become Washington, DC 20549–1090. persons associated with members. effective pursuant to Section 19(b)(3)(A) All submissions should refer to File In particular, the Exchange believes of the Act 25 and Rule 19b–4(f)(6) Number SR–BX–2016–002. This file that the proposed rule change will thereunder.26 number should be included on the improve members’ compliance efforts subject line if email is used. To help the and will allow registered persons to 25 15 U.S.C. 78s(b)(3)(A). Commission process and review your spend a greater amount of time on the 26 17 CFR 240.19b–4(f)(6). As required under Rule comments more efficiently, please use review of CE materials and potentially 19b–4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file 27 For purposes only of waiving the 30-day 21 the proposed rule change, along with a brief 15 U.S.C. 78f(b). description and the text of the proposed rule operative delay, the Commission has also 22 15 U.S.C. 78f(b)(5). change, at least five business days prior to the date considered the proposed rule’s impact on 23 15 U.S.C. 78f(b)(5). of filing of the proposed rule change, or such efficiency, competition, and capital formation. See 24 15 U.S.C. 78f(c)(3). shorter time as designated by the Commission. 15 U.S.C. 78c(f).

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only one method. The Commission will have been prepared by the Exchange. ethical, and supervisory subjects and post all comments on the Commission’s The Commission is publishing this sales practice standards, which must be Internet Web site (http://www.sec.gov/ notice to solicit comments on the completed within prescribed rules/sro.shtml). Copies of the proposed rule change from interested timeframes.5 In addition, unless submission, all subsequent persons. otherwise determined by the Exchange, amendments, all written statements I. Self-Regulatory Organization’s a registered person is required to re-take with respect to the proposed rule Statement of the Terms of Substance of the Regulatory Element of the program change that are filed with the the Proposed Rule Change and satisfy the program’s requirements Commission, and all written in their entirety in the event such communications relating to the The Exchange proposes to amend person: (i) Becomes subject to any proposed rule change between the Section (a)(4) of Rule 640, Continuing statutory disqualification as defined in Commission and any person, other than Education for Registered Persons, to Section 3(a)(39) of the Securities those that may be withheld from the provide for web-based delivery of the Exchange Act of 1934; (ii) becomes public in accordance with the Exchange’s continuing education (‘‘CE’’) subject to suspension or to the provisions of 5 U.S.C. 552, will be program. The proposed rule change imposition of a fine of $5,000 or more available for Web site viewing and would phase out the current option of for violation of any provision of any printing in the Commission’s Public completing the Regulatory Element in a securities law or regulation, or any Reference Room, 100 F Street NE., test center, delete the current option for agreement with or rule or standard of Washington, DC 20549, on official in-house delivery of the Regulatory conduct of any securities governmental business days between the hours of Element of the CE program and also agency, securities self-regulatory 10:00 a.m. and 3:00 p.m. Copies of the delete the existing text of Rule 640(a)(4), organization, or as imposed by any such filing also will be available for In-Firm Delivery of the Regulatory regulatory or self-regulatory inspection and copying at the principal Element. The Exchange’s proposal, organization in connection with a office of the Exchange. All comments which is being filed for immediate disciplinary proceeding; or (iii) is received will be posted without change; effectiveness and will be operative ordered as a sanction in a disciplinary the Commission does not edit personal January 4, 2016, is materially similar to action to re-take the Regulatory Element identifying information from a recent FINRA filing to amend FINRA by any securities governmental agency submissions. You should submit only Rule 1250, which was recently or securities self-regulatory information that you wish to make approved by the Securities and organization. Exchange Commission (‘‘Commission’’). available publicly. All submissions Rule 640(a)(1) provides that the The text of the proposed rule change should refer to File Number SR–BX– following Regulatory Elements is available on the Exchange’s Web site 2016–002 and should be submitted on administered by FINRA shall be or before February 9, 2016. at http:// nasdaqomxphlx.cchwallstreet.com/, at required: The S201 Supervisor Program For the Commission, by the Division of the principal office of the Exchange, and for registered principals and Trading and Markets, pursuant to delegated supervisors, the S501 Series 56 authority.28 at the Commission’s Public Reference Room. Proprietary Trader continuing education Robert W. Errett, program for Series 56 registered Deputy Secretary. II. Self-Regulatory Organization’s persons, and the S101 General Program [FR Doc. 2016–00786 Filed 1–15–16; 8:45 am] Statement of the Purpose of, and for Series 7 and all other registered BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule persons. Currently, the Regulatory Change Element may be administered in a test In its filing with the Commission, the center or in-firm subject to specified SECURITIES AND EXCHANGE Exchange included statements procedures.6 COMMISSION concerning the purpose of and basis for 5 [Release No. 34–76880; File No. SR–Phlx– the proposed rule change and discussed Pursuant to Rule 640, each registered person shall complete the Regulatory Element of the 2015–118] any comments it received on the continuing education program on the occurrence of proposed rule change. The text of these their second registration anniversary date(s), and Self-Regulatory Organizations; statements may be examined at the every three years thereafter or as otherwise NASDAQ OMX PHLX LLC; Notice of places specified in Item IV below. The prescribed by the Exchange. On each occasion, the Filing and Immediate Effectiveness of Exchange has prepared summaries, set Regulatory Element must be completed within 120 Proposed Rule Change To Amend days after the person’s registration anniversary date. forth in sections A, B, and C below, of A person’s initial registration date, also known as Section (a)(4) of Rule 640, Continuing the most significant aspects of such the ‘‘base date,’’ shall establish the cycle of Education for Registered Persons statements. anniversary dates for purposes of this Rule. 6 Under current Rule 640(a)(4), In-Firm Delivery January 12, 2016. A. Self-Regulatory Organization’s of the Regulatory Element, members and member Pursuant to Section 19(b)(1) of the Statement of the Purpose of, and organizations are permitted to administer the Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule continuing education Regulatory Element program 1 2 to their registered persons by instituting an in-firm (‘‘Act’’), and Rule 19b–4 thereunder, Change program acceptable to the Exchange. Among others, notice is hereby given that on December 1. Purpose the following procedures are required in order to 30, 2015, NASDAQ OMX PHLX LLC administer the Regulatory Element of the CE (‘‘Phlx’’ or ‘‘Exchange’’) filed with the The CE requirements under Rule 640 program in-house: (1) The firm must designate a consist of a Regulatory Element 3 and a principal/officer-in-charge to be responsible for the Securities and Exchange Commission in-firm delivery of the Regulatory Element; (2) the 4 (‘‘SEC’’ or ‘‘Commission’’) the proposed Firm Element. The Regulatory Element location of the delivery site must be under the rule change as described in Items I, II, applies to all registered persons and control of the firm; (3) the communication links and and III, below, of which Items I and II consists of periodic computer-based firm delivery computer hardware must comply with training on regulatory, compliance, standards defined by the Exchange or its designated vendor; (4) the firm’s written supervisory 28 17 CFR 200.30–3(a)(12). procedures must contain the procedures 1 15 U.S.C. 78s(b)(1). 3 See Rule 640(a) (Regulatory Element). implemented to comply with requirements of in- 2 17 CFR 240.19b–4. 4 See Rule 640(b) (Firm Element). firm delivery of the Regulatory Element continuing

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The Firm Element consists of annual, positive feedback from firms and the of Rule 640(a)(4) relating to in-firm member-developed and administered individual pilot participants.14 FINRA delivery of the Regulatory Element of training programs for covered registered noted that among other things, pilot the CE programs. The proposed Web- persons,7 which must be appropriate for participants appreciated the expanded based delivery method will provide the business of the member organization time to focus on the provided learning registered persons the flexibility to and, at a minimum, must cover the materials without the pressure of a complete the Regulatory Element at a following matters concerning securities timed session and the ability to resume location of their choosing, including products, services and strategies offered or complete their session from where their private residence, at any time by the member organization: (a) General they left off.15 during their 120-day window for investment features and associated risk completion of the Regulatory Element.18 factors; (b) suitability and sales practice Proposal The Exchange notes that the Web- considerations; and (c) applicable Based on the recent amendments to based format will include safeguards to regulatory requirements. FINRA Rule 1250,16 the Exchange authenticate the identity of the CE Currently, most registered persons proposes to amend Rule 640(a)(4) to candidate. For instance, prior to complete the Regulatory Element in a provide for a Web-based delivery commencing a Web-based session, the test center rather than in-firm. Given the method for completing the Regulatory candidate will be asked to provide a advances in Web-based technology, the Element. Specifically, the Exchange portion of their [sic] SSN (either first Exchange believes that there is proposes to amend Rule 640(a)(4) to five or last four digits) and their [sic] diminishing utility in the test center and provide that the continuing education date of birth. This information will only in-firm delivery methods. Moreover, Regulatory Element set forth in be used for matching data in FINRA’s according to FINRA,8 registered persons paragraph (a) of Rule 640 will be Web-CRD system. The Web CE system have raised concerns with the test administered through Web-based will discard this information after the center delivery method because of the delivery or such other technological matching process. Further, before travel involved, the limited time manner and format as specified by the commencing a Web-based session, each currently available to complete a Exchange. Should the Exchange candidate will be required to agree to Regulatory Element session 9 and the determine to administer the Regulatory the Rules of Conduct for Web-based use of rigorous security measures at test Element through a delivery mechanism delivery. Among other things, the Rules centers, which are appropriate for taking other than Web-based delivery, of Conduct will require each candidate qualification examinations but onerous however, the Exchange would notify the to attest that he or she is in fact the for a CE program.10 Also, according to Commission and would need to file a person who is taking the Web-based FINRA, the test center is expensive to further rule change with the session. The Rules of Conduct will also operate.11 Commission. require that each candidate agree that In response to the issues noted above, The first phase of the Web-based the Regulatory Element content is FINRA engaged in extensive outreach delivery system was launched October intellectual property and that the with the industry and completed a pilot 1, 2015 and includes the Regulatory content cannot be copied or of a Web-based delivery system for Element of the S201 Supervisor Program redistributed by any means. If the 12 administering the Regulatory Element. for registered principals and Exchange discovers that a candidate has According to FINRA, the proposed Web- supervisors. The second phase of the violated the Rules of Conduct, the based system performed well during the Web-based delivery system will be candidate will forfeit the results of the pilot in terms of both performance and launched January 4, 2016 and include Web-based session and may be subject 13 accessibility. FINRA also received the Regulatory Element of the S101 to disciplinary action by the Exchange. General Program for Series 7 and all Violation of the Rules of Conduct will education; (5) all sessions must be proctored by an authorized person during the entire Regulatory other registered persons, including, but be considered conduct inconsistent with Element continuing education session and proctors not limited to Securities Traders. The just and equitable principles of trade, in must be present in the session room or must be able Exchange is proposing to phase out test- violation of Rule 707, Conduct to view the person(s) sitting for Regulatory Element center delivery by no later than six Inconsistent with Just and Equitable continuing education through a window or by video monitor; (6) all appointments must be scheduled in months after January 4, 2016. Registered Principles of Trade. The Exchange is not advance using the procedures and software persons will continue to have the option proposing any changes to the Firm specified by the Exchange to communicate with the of completing the Regulatory Element in Element requirements under Rule Exchange’s system and designated vendor; and (7) a test center, but they will be required a Letter of Attestation for In-Firm Delivery of 640(b). to use the Web-based system after the Regulatory Element CE must be delivered. 2. Statutory Basis 7 Under Rule 640(b) (Persons Subject to the Firm test-center delivery is phased out.17 Element), a ‘‘covered registered person’’ means any Further, the Exchange is proposing to The Exchange believes that its registered person who has direct contact with eliminate the current option for in-firm proposal is consistent with Section 6(b) customers in the conduct of the member 19 organization’s securities sales, trading or delivery and is deleting the current text of the Act in general, and furthers the investment banking activities, and to the immediate objectives of Section 6(b)(5) of the Act 20 supervisors of such persons. 14 Id. 8 FINRA is currently responsible for the operation 15 Id. 18 Although the proposed rule change provides of the test centers used for test center delivery 16 See FINRA Rule 1250 (Continuing Education flexibility, firms may choose to impose their own method of the Regulatory Element. Requirements). See also Securities Exchange Act conditions based on their supervisory and 9 The current session time is three-and-a-half Release No. 75581 (July 31, 2015) 80 FR 47018 compliance needs. For instance, a firm that wishes hours. (August 6, 2015) (Order Approving a Proposed Rule to have registered persons complete CE on the 10 See Securities Exchange Act Release No. 75154 Change to Provide a Web-based Delivery Method for firm’s premises can do so by having the registered (June 11, 2015), 80 FR 34777 (June 17, 2015) (Notice Completing the Regulatory Element of the person access Web-based CE from a firm device and of Filing of a Proposed Rule Change To Provide a Continuing Education Requirements) (SR–FINRA– location. Moreover, firms would have to update Web-Based Delivery Method for Completing the 2015–015). their written policies and procedures regarding the Regulatory Element of the Continuing Education 17 The Exchange intends to amend its fee Regulatory Element to reflect the transition to Web- Requirements) (SR–FINRA–2015–015). schedule to reduce the cost for Regulatory Element based CE and communicate the update to registered 11 Id. at 34779. CE from $100 to $55 if administered by Web- persons. 12 Id. delivery. Fees for completing the Regulatory 19 15 U.S.C. 78f(b). 13 Id. Element at a test center will remain $100. 20 15 U.S.C. 78f(b)(5).

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in particular, in that it is designed to C. Self-Regulatory Organization’s Comments may be submitted by any of promote just and equitable principles of Statement on Comments on the the following methods: trade, to remove impediments to and Proposed Rule Change Received From perfect the mechanism of a free and Members, Participants, or Others Electronic Comments open market and a national market No written comments were either • Use the Commission’s Internet system, and, in general to protect solicited or received. comment form (http://www.sec.gov/ investors and the public interest. rules/sro.shtml); or III. Date of Effectiveness of the Additionally, the Exchange believes the • proposed rule change is consistent with Proposed Rule Change and Timing for Send an email to rule-comments@ the Section 6(b)(5) 21 requirement that Commission Action sec.gov. Please include File Number SR– Phlx–2015–118 on the subject line. the rules of an exchange not be designed Because the foregoing proposed rule to permit unfair discrimination between change does not: (i) Significantly affect Paper Comments customers, issuers, brokers, or dealers the protection of investors or the public • and Section 6(c)(3) 22 of the Act, which interest; (ii) impose any significant Send paper comments in triplicate authorizes the Exchange to, among other burden on competition; and (iii) become to Brent J. Fields, Secretary, Securities things, prescribe standards of financial operative for 30 days from the date on and Exchange Commission, 100 F Street responsibility or operational capability which it was filed, or such shorter time NE., Washington, DC 20549–1090. and standards of training, experience as the Commission may designate, it has All submissions should refer to File and competence for its members and become effective pursuant to Section Number SR–Phlx–2015–118. This file persons associated with members. 19(b)(3)(A)(iii) of the Act 23 and number should be included on the In particular, the Exchange believes subparagraph (f)(6) of Rule 19b–4 subject line if email is used. To help the that the proposed rule change will thereunder.24 Commission process and review your improve members’ compliance efforts The Exchange has requested that the comments more efficiently, please use and will allow registered persons to Commission waive the thirty-day only one method. The Commission will spend a greater amount of time on the operative delay so that the proposal may post all comments on the Commission’s review of CE materials and potentially become operative as of January 4, 2016. Internet Web site (http://www.sec.gov/ achieve better learning outcomes, which The Commission believes that waiving rules/sro.shtml). will in turn enhance investor protection. the thirty day delay is consistent with Copies of the submission, all Further, while the proposed rule change the protection of investors and the subsequent amendments, all written will provide more flexibility to members public interest, as it will enable the statements with respect to the proposed and registered persons, it will maintain Exchange to have the new requirements rule change that are filed with the the integrity of the Regulatory Element in effect at the same time as the other Commission, and all written of the CE program and the CE program SROs. Therefore, the Commission communications relating to the in general. hereby waives the thirty-day operative proposed rule change between the delay and designates the proposal Commission and any person, other than B. Self-Regulatory Organization’s operative as of January 4, 2016.25 Statement on Burden on Competition those that may be withheld from the At any time within 60 days of the public in accordance with the filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be The Exchange does not believe that Commission summarily may the proposed rule change will impose available for Web site viewing and temporarily suspend such rule change if printing in the Commission’s Public any burden on competition not it appears to the Commission that such necessary or appropriate in furtherance Reference Room, 100 F Street NE., action is: (i) Necessary or appropriate in Washington, DC 20549, on official of the purposes of the Act. The the public interest; (ii) for the protection Exchange notes that the proposed rule business days between the hours of of investors; or (iii) otherwise in 10:00 a.m. and 3:00 p.m. Copies of the change is specifically intended to furtherance of the purposes of the Act. reduce the burden on firms while filing also will be available for If the Commission takes such action, the inspection and copying at the principal preserving the integrity of the CE Commission shall institute proceedings program. As described above, the Web- office of the Exchange. All comments to determine whether the proposed rule received will be posted without change; based delivery method will provide should be approved or disapproved. registered persons the flexibility to the Commission does not edit personal complete the Regulatory Element at any IV. Solicitation of Comments identifying information from submissions. You should submit only location that they choose. Further, Web- Interested persons are invited to information that you wish to make based delivery is efficient and offers submit written data, views, and available publicly. significant cost savings over test-center arguments concerning the foregoing, and in-firm deliveries. With respect to including whether the proposed rule All submissions should refer to File the authentication process for Web- change is consistent with the Act. Number SR–Phlx–2015–118 and should based delivery, the CE candidate’s be submitted on or before February 9, personal identifying information will be 23 15 U.S.C. 78s(b)(3)(a)(iii). 2016. masked and will be submitted to FINRA 24 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– For the Commission, by the Division of through a secure, encrypted, network. 4(f)(6) requires a self-regulatory organization to give Trading and Markets, pursuant to delegated the Commission written notice of its intent to file The personal identifying information authority.26 submitted via the Web-based system the proposed rule change at least five business days prior to the date of filing of the proposed rule Robert W. Errett, will be used for authentication purposes change, or such shorter time as designated by the only—the information will not be stored Commission. The Exchange has satisfied this Deputy Secretary. in the Web-based system. requirement. [FR Doc. 2016–00785 Filed 1–15–16; 8:45 am] 25 For purposes of waiving the 30-day operative BILLING CODE 8011–01–P delay, the Commission has considered the proposed 21 15 U.S.C. 78f(b)(5). rule’s impact on efficiency, competition, and capital 22 15 U.S.C. 78f(c)(3). formation. See 15 U.S.C. 78c(f). 26 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Commission’s Public Reference Room, Education Fees. The text of the COMMISSION 100 F Street NE., Room 1580, proposed rule change is available on the Washington, DC 20549, on official Exchange’s Web site (http:// [Release No. 34–76883; File No. 265–29] business days between the hours of www.cboe.com/AboutCBOE/ Equity Market Structure Advisory 10:00 a.m. and 3:00 p.m. All statements CBOELegalRegulatoryHome.aspx), at Committee received will be posted without change; the Exchange’s Office of the Secretary, we do not edit personal identifying and at the Commission’s Public AGENCY: Securities and Exchange information from submissions. You Reference Room. Commission. should submit only information that II. Self-Regulatory Organization’s ACTION: Notice of meeting. you wish to make available publicly. Statement of the Purpose of, and FOR FURTHER INFORMATION CONTACT: SUMMARY: The Securities and Exchange Statutory Basis for, the Proposed Rule Commission Equity Market Structure Arisa Tinaves Kettig, Special Counsel, at Change Advisory Committee is providing notice (202) 551–5676, Division of Trading and Markets, Securities and Exchange In its filing with the Commission, the that it will hold a public meeting on Exchange included statements Tuesday, February 2, 2016, in Multi- Commission, 100 F Street NE., Washington, DC 20549–7010. concerning the purpose of and basis for Purpose Room LL–006 at the the proposed rule change and discussed Commission’s headquarters, 100 F SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the any comments it received on the Street NE., Washington, DC. The proposed rule change. The text of these meeting will begin at 9:30 a.m. (EST) Federal Advisory Committee Act, 5 U.S.C.-App. 1, and the regulations statements may be examined at the and will be open to the public. The places specified in Item IV below. The public portions of the meeting will be thereunder, Stephen Luparello, Designated Federal Officer of the Exchange has prepared summaries, set webcast on the Commission’s Web site forth in sections A, B, and C below, of at www.sec.gov. Persons needing special Committee, has ordered publication of the most significant aspects of such accommodations to take part because of this notice. statements. a disability should notify the contact Dated: January 13, 2016. person listed below. The public is Brent J. Fields, A. Self-Regulatory Organization’s invited to submit written statements to Committee Management Officer. Statement of the Purpose of, and the Committee. The meeting will focus Statutory Basis for, the Proposed Rule [FR Doc. 2016–00837 Filed 1–13–16; 4:15 pm] on the events of August 24, 2015 and Change certain issues affecting customers in the BILLING CODE 8011–01–P 1. Purpose current equity market structure. DATES: The public meeting will be held SECURITIES AND EXCHANGE The Exchange proposes to amend the on Tuesday, February 2, 2016. Written COMMISSION Fees Schedule. Specifically, the statements should be received on or Exchange proposes to make changes to before January 27, 2016. [Release No. 34–76881; File No. SR–CBOE– the Continuing Education Fees section 2015–119] ADDRESSES: The meeting will be held at of the Fees Schedule to delete references to the Series 56 registration and to the Commission’s headquarters, 100 F Self-Regulatory Organizations; Street NE., Washington, DC. Written provide that continuing education Chicago Board Options Exchange, (‘‘CE’’) fees for all registration categories statements may be submitted by any of Incorporated; Notice of Filing and the following methods: will be $100 if conducted at a test center Immediate Effectiveness of a Proposed or $55 if conducted via Web-based Electronic Statements Rule Change To Amend the Fees delivery. This filing is being submitted Schedule • Use the Commission’s Internet pursuant to recent changes to submission form (http://www.sec.gov/ January 12, 2016. Interpretation and Policy .08 to Rule rules/other.shtml); or Pursuant to Section 19(b)(1) of the 3.6A (Qualification and Registration of • Send an email message to rule- Securities Exchange Act of 1934 (the Trading Permit Holders and Associated [email protected]. Please include File ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Persons) and to Rule 9.3A (Continuing Number 265–29 on the subject line; or notice is hereby given that on December Education for Registered Persons), which provide that effective January 4, Paper Statements 30, 2015, Chicago Board Options 2016, the S501 Series 56 Proprietary • Exchange, Incorporated (the ‘‘Exchange’’ Send paper statements in triplicate or ‘‘CBOE’’) filed with the Securities Trader CE Program for Series 56 to Brent J. Fields, Federal Advisory and Exchange Commission (the registered persons will cease to exist Committee Management Officer, ‘‘Commission’’) the proposed rule and that Series 57 registered persons are Securities and Exchange Commission, change as described in Items I, II, and instead permitted [sic] to enroll in the 100 F Street NE., Washington, DC III below, which Items have been S101 General Program for Series 7 and 20549–1090. prepared by the Exchange. The all other registered persons, which will All submissions should refer to File No. Commission is publishing this notice to be made available via Web-delivery as 265–29. This file number should be solicit comments on the proposed rule of that date.3 included on the subject line if email is change from interested persons. used. To help us process and review 3 See Securities Exchange Act Release No. 76247 your statement more efficiently, please I. Self-Regulatory Organization’s (October 23, 2015), 80 FR 66605 (October 29, 2015) Statement of the Terms of Substance of (Notice of Filing and Immediate Effectiveness of a use only one method. The Commission Proposed Rule Change Relating to Qualification and will post all statements on the the Proposed Rule Change Registration of Trading Permit Holders and Commission’s Internet Web site at SEC The Exchange proposes to amend the Associated Persons) (SR–CBOE–2015–094); Web site at (http://www.sec.gov/ Fees Schedule relating to Continuing Securities Exchange Act Release No. 76107 (October 8, 2015), 80 FR 62139 (October 15, 2015) (Notice comments/265-29/265-29.shtml). of Filing and Immediate Effectiveness of a Proposed Statements also will be available for 1 15 U.S.C. 78s(b)(1). Rule Change Relating to Delivery of the Regulatory Web site viewing and printing in the 2 17 CFR 240.19b–4. Continued

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Pursuant to Rule 9.3A (Continuing On August 6, 2015, the Securities and Proprietary Trader CE Program for Education for Registered Persons), no Exchange Commission (‘‘Commission’’ Series 56 registered persons will cease Trading Permit Holder (‘‘TPH’’) or TPH or ‘‘SEC’’) approved amendments to to exist. In place of the S501 Series 56 organization shall permit any registered FINRA Rule 1250 (Continuing Proprietary Trader CE Program for person to continue to, and no registered Education Requirements) to provide a Series 56 registered persons, Series 57 person shall continue to perform duties Web-based delivery method for registered persons will be permitted as a registered person unless such completing the Regulatory Element of [sic] to enroll in the S101 General person has complied with the the CE requirements and to establish a Program for Series 7 and all other Exchange’s CE requirements as fee for Web-based delivery of the registered persons, including, but not prescribed under the Rules.4 The CE Regulatory Element of the CE limited to Series 57 registered persons requirements under Rule 9.3A consist of requirements.10 Consistent with the beginning January 4, 2016. 5 a Regulatory Element and a Firm changes to FINRA Rule 1250, the Consistent with SR–FINRA–2015– 6 Element. The Regulatory Element Exchange submitted a rule filing to 015, the purpose of this filing is to applies to all registered persons 7 and make similar changes to its CE Program 11 amend the Fees Schedule to reflect the consists of periodic computer-based requirements on September 30, 2015. $55 fee [sic] for Web-based delivery of training on regulatory, compliance, Accordingly, effective October 1, 2015, the Regulatory Element of the S101 the Regulatory Elements of Exchange’s ethical, and supervisory subjects and General Program for Series 7 and all CE Programs for the S106 for Investment sales practice standards, which must be other registered persons, including, but Company and Variable Contracts completed within prescribed not limited to Series 57 registered 8 Representatives, the S201 for Registered timeframes. Currently, the Exchange Securities Traders.13 Pursuant to SR– Principals and Supervisors, and the offers the following Regulatory Elements FINRA–2015–015, delivery of the S901 for Operations Professionals were for Exchange registered persons: the Regulatory Element of the S101, S106, made available via Web-based delivery S201 Supervisor Program for registered S201, and S901 CE Programs will principals and supervisors; the S106 pursuant to Rule 9.3A. In addition to the changes to Rule continue to be offered at testing centers Series 6 Program for Series 6 registered for a period up to no later than six persons; the S501 Series 56 Proprietary 9.3A with respect to Web-based delivery of the Regulatory Element of the CE months after January 4, 2016 and the Trader CE Program for Series 56 fees for test center delivery of the registered persons, and the S101 Programs for the S106 for Investment Company and Variable Contracts Regulatory Element of the S101, S106, General Program for Series 7 and all S201, and S901 CE Programs will other registered persons.9 Representatives, S201 for Registered Principals and Supervisors, and S901 continue to be $100 for so long as such The Financial Regulatory Authority programs are available at testing (‘‘FINRA’’) administers the Exchange’s for Operations Professionals, the centers.14 Consistent with SR–FINRA– CE Programs on behalf of the Exchange. Exchange also amended Rule 9.3A to remove the option for Series 56 2015–015, under the Exchange’s proposed rule change, test center Element of the Exchange’s Continuing Education registered persons to participate in the Program) (SR–CBOE–2015–084). S501 Series 56 Proprietary Trader CE delivery of the Regulatory Element of 4 See Rule 9.3A(a) (Regulatory Element). program in order to satisfy the the S101 CE Program would continue to 5 See id. Regulatory Element of the Exchange’s be $100 for so long as such programs are 6 See Rule 9.3A(c) (Firm Element). CE Program. Pursuant to recent changes available at testing centers. In addition, 7 For purposes of the Regulatory Element, a to Interpretation and Policy .08 to Rule also consistent with SR–FINRA–2015– ‘‘registered person’’ means a TPH, associated 015, under the Exchange’s proposed person, and/or Representative approved by and 3.6A, the S501 Series 56 Proprietary registered with the Exchange. See Interpretation Trader CE program is being phased out rule change, Web-based delivery of the and Policy .01 to Rule 9.3A. along with the Series 56 Proprietary Regulatory Element of the S101 CE 8 Pursuant to Rule 9.3A(a), each registered person Trader qualification examination and Program would be $55, beginning shall complete the Regulatory Element of the CE January 4, 2016.15 Program beginning with the occurrence of their being replaced with the Series 57 second registration anniversary date and every three Securities Trader qualification years thereafter, or as otherwise prescribed by the examination.12 As a result, effective 13 See Securities Exchange Act Release No. 75581 Exchange. On each occasion, the Regulatory January 4, 2016, the S501 Series 56 (July 31, 2015), 80 FR 47018 (August 6, 2015) Element must be completed within 120 days after (Order Approving a Proposed Rule Change to the person’s registration anniversary date. A Provide a Web-based Delivery Method for person’s initial registration date, also known as the 10 See Securities Exchange Act Release No. 75581 Completing the Regulatory Element of the ‘‘base date,’’ shall establish the cycle of anniversary (July 31, 2015), 80 FR 47018 (August 6, 2015) Continuing Education Requirements) (SR–FINRA– dates for purposes of the Rule. The content of the (Order Approving a Proposed Rule Change to 2015–015). Regulatory Element of the Program is determined by Provide a Web-based Delivery Method for 14 Test-center delivery of the Regulatory Element the Exchange for each registration category of Completing the Regulatory Element of the will be phased out by no later than six months after persons subject to the Rule. In addition, a registered Continuing Education Requirements) (SR–FINRA– January 4, 2016. See Securities Exchange Act person is required to retake the Regulatory Element 2015–015). Release No. 75581 (July 31, 2015), 80 FR 47018 in the event that such person: (i) becomes subject 11 See Securities Exchange Act Release No. 76107 (August 6, 2015) (Order Approving a Proposed Rule to any statutory disqualification as defined in (October 8, 2015), 80 FR 62139 (October 15, 2015) Change To Provide a Web-Based Delivery Method Section 3(a)(39) of the Securities Exchange Act of (Notice of Filing and Immediate Effectiveness of a for Completing the Regulatory Element of the 1934 (the ‘‘Act’’); (ii) becomes subject to suspension Proposed Rule Change Relating to Delivery of the Continuing Education) (SR–FINRA–2015–015). At or to the imposition of a fine of $5,000 or more for Regulatory Element of the Exchange’s Continuing that time, the Exchange will file another fee filing violation of any provision of any securities law or Education Program) (SR–CBOE–2015–084). to remove the test center option for delivery of the regulation, or any agreement with or rule or 12 See Securities Exchange Act Release No. 76247 Regulatory Element from the Fees Schedule. See standard of conduct of any securities governmental (October 23, 2015), 80 FR 66605 (October 29, 2015) Securities Exchange Act Release No. 76352 agency, securities self-regulatory organization, or as (Notice of Filing and Immediate Effectiveness of a (November 4, 2015), 80 FR 69760 (November 10, imposed by any such regulatory or self-regulatory Proposed Rule Change Relating to Qualification and 2015) (Notice of Filing and Immediate Effectiveness organization in connection with a disciplinary Registration of Trading Permit Holders and of a Proposed Rule Change to Amend the Fees proceeding; or (iii) is ordered as a sanction in a Associated Persons) (SR–CBOE–2015–094); see also Schedule) (SR–CBOE–2015–093). The Exchange has disciplinary action to re-take the Regulatory Securities Exchange Act Release No. 75783 (August already amended the Fees schedule to reflect the Element by any securities governmental agency or 28, 2015) (Order Approving a Proposed Rule $55 fee for Web-based delivery of the Regulatory securities self-regulatory organization. See Rule Change to Establish the Securities Trader and Elements of the S106, S201, and S901 CE Programs. 9.3A(a)(2) (Disciplinary Actions). Securities Trader Principal Registration Categories) See id. 9 See Rule 9.3A(a)(3) (Required Programs). (SR–FINRA–2015–017). 15 See id.

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2. Statutory Basis market participants while preserving the Paper Comments The Exchange believes the proposed integrity its CE Programs. In general, • reduction in cost and removal of Send paper comments in triplicate rule change is consistent with the Act to Secretary, Securities and Exchange and the rules and regulations barriers to entry encourages competition among market participants, particularly Commission, 100 F Street NE., thereunder applicable to the Exchange Washington, DC 20549–1090. and, in particular, the requirements of in situations where such rules are Section 6(b) of the Act.16 Specifically, consistently employed across the All submissions should refer to File the Exchange believes the proposed rule markets. By bringing the Exchange’s fees Number SR–CBOE–2015–119. This file change is consistent with the Section structure in line with that of FINRA, the number should be included on the 6(b)(5) 17 requirements that the rules of Exchange believes it is removing subject line if email is used. To help the an exchange be designed to prevent impediments to free and open markets Commission process and review your fraudulent and manipulative acts and and encouraging competition between comments more efficiently, please use practices, to promote just and equitable the Exchange and other markets that only one method. The Commission will principles of trade, to foster cooperation utilize FINRA’s CE Programs. For the post all comments on the Commission’s and coordination with persons engaged foregoing reasons, the Exchange believes Internet Web site (http://www.sec.gov/ in regulating, clearing, settling, that the proposed rule change will rules/sro.shtml). Copies of the processing information with respect to, relieve burdens on, and otherwise submission, all subsequent and facilitating transactions in promote, competition. amendments, all written statements securities, to remove impediments to with respect to the proposed rule C. Self-Regulatory Organization’s change that are filed with the and perfect the mechanism of a free and Statement on Comments on the open market and a national market Commission, and all written Proposed Rule Change Received From communications relating to the system, and, in general, to protect Members, Participants, or Others investors and the public interest. proposed rule change between the Additionally, the Exchange believes the The Exchange neither solicited nor Commission and any person, other than proposed rule change is consistent with received written comments on the those that may be withheld from the the Section 6(b)(5) 18 requirement that proposed rule change. public in accordance with the provisions of 5 U.S.C. 552, will be the rules of an exchange not be designed III. Date of Effectiveness of the to permit unfair discrimination between available for Web site viewing and Proposed Rule Change and Timing for customers, issuers, brokers, or dealers. printing in the Commission’s Public Commission Action In particular, the Exchange believes Reference Room, 100 F Street NE., that Web-based administration of the The foregoing rule change has become Washington, DC 20549 on official Regulatory Element of the Exchange’s effective pursuant to Section 19(b)(3)(A) business days between the hours of CE Program and the lower costs of the Act 19 and paragraph (f) of Rule 10:00 a.m. and 3:00 p.m. Copies of the associated with Web-based 19b–4 20 thereunder. At any time within filing also will be available for administration of the Regulatory 60 days of the filing of the proposed rule inspection and copying at the principal Element of the Exchange’s CE Program change, the Commission summarily may office of the Exchange. All comments are ends that may serve to increase temporarily suspend such rule change if received will be posted without change; access to the markets, which is in the it appears to the Commission that such the Commission does not edit personal interests of investors and consistent action is necessary or appropriate in the identifying information from with the Act. In general, Web-based public interest, for the protection of submissions. You should submit only delivery of the Regulatory Element of investors, or otherwise in furtherance of information that you wish to make the Exchange’s CE Programs at a the purposes of the Act. If the available publicly. All submissions reduced cost lowers barriers to entry Commission takes such action, the should refer to File Number SR–CBOE– [sic] and removes impediments to a free Commission will institute proceedings 2015–119 and should be submitted on and open market and national market to determine whether the proposed rule or before February 9, 2016. system by making it easier and less change should be approved or For the Commission, by the Division of costly for TPHs to participate in the disapproved. Trading and Markets, pursuant to delegated markets. Accordingly, the Exchange authority.21 IV. Solicitation of Comments believes that offering Web-based Robert W. Errett, delivery of the Regulatory Element of Interested persons are invited to Deputy Secretary. Exchange’s CE Program at a reduced submit written data, views, and cost and that lowering the cost of CE in [FR Doc. 2016–00784 Filed 1–15–16; 8:45 am] arguments concerning the foregoing, BILLING CODE 8011–01–P general are goals that are consistent with including whether the proposed rule the Act. change is consistent with the Act. B. Self-Regulatory Organization’s Comments may be submitted by any of SECURITIES AND EXCHANGE Statement on Burden on Competition the following methods: COMMISSION The Exchange does not believe that Electronic Comments Submission for OMB Review; the proposed rule change will impose • Comment Request any burden on competition that is not Use the Commission’s Internet comment form (http://www.sec.gov/ necessary or appropriate in furtherance Upon Written Request, Copies Available of the purposes of the Act. As FINRA rules/sro.shtml); or • From: Securities and Exchange has stated, the proposed rule change is Send an email to rule- [email protected]. Please include File Commission, Office of FOIA Services, specifically intended to reduce the 100 F Street NE., Washington, DC burdens of continuing education on Number SR–CBOE–2015–119 on the subject line. 20549–2736. 16 15 U.S.C. 78f(b). Extension: 17 15 U.S.C. 78f(b)(5). 19 15 U.S.C. 78s(b)(3)(A). 18 Id. 20 17 CFR 240.19b–4(f). 21 17 CFR 200.30–3(a)(12).

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Rule 17f–4, SEC File No. 270–232, OMB obligation does not contain a collection 926 hours (by support staff) annually in Control No. 3235–0225. of information because it does not transmitting such reports to funds.12 In Notice is hereby given that, pursuant impose identical reporting, addition, approximately 81 funds (i.e., to the Paperwork Reduction Act of 1995 recordkeeping or disclosure two percent of all funds) deal directly (44 U.S.C. 350l–3520) (the ‘‘Paperwork requirements. Funds and custodians with a securities depository and may Reduction Act’’), the Securities and may determine the specific measures request periodic reports from their Exchange Commission (the the custodian will take to comply with depository. Commission staff estimates ‘‘Commission’’) has submitted to the this obligation.6 If the fund deals that depositories spend approximately Office of Management and Budget a directly with a depository, the 19 hours (by support staff) annually request for extension of the previously depository’s contract or written rules for transmitting reports to the 81 funds.13 approved collection of information its participants must provide that the The total annual burden estimate for discussed below. depository will meet similar compliance with rule 17f–4’s reporting Section 17(f) (15 U.S.C. 80a–17(f)) obligations,7 which is a collection of requirement is therefore 945 hours.14 under the Investment Company Act of information for purposes of the If a fund deals directly with a 1940 (the ‘‘Act’’) 1 permits registered Paperwork Reduction Act. All funds securities depository, rule 17f–4 management investment companies and that deal directly with securities requires that the fund implement their custodians to deposit the securities depositories in reliance on rule 17f–4 internal control systems reasonably they own in a system for the central should have either modified their designed to prevent an unauthorized handling of securities (‘‘securities contracts with the relevant securities officer’s instructions (by providing at depositories’’), subject to rules adopted depository, or negotiated a modification least for the form, content, and means of by the Commission. in the securities depository’s written giving, recording, and reviewing all Rule 17f–4 (17 CFR 270.17f–4) under rules when the rule was amended. officers’ instructions).15 All funds that the Act specifies the conditions for the Therefore, we estimate there is no seek to rely on rule 17f–4 should have use of securities depositories by funds 2 ongoing burden associated with this already implemented these internal and their custodians. collection of information.8 control systems when the rule was The Commission staff estimates that Second, the custodian must provide, amended. Therefore, there is no ongoing 152 respondents (including an promptly upon request by the fund, burden associated with this collection of estimated 81 active funds that may deal such reports as are available about the information requirement.16 directly with a securities depository, an internal accounting controls and Based on the foregoing, the estimated 50 custodians, and 21 financial strength of the custodian.9 If a Commission staff estimates that the total possible securities depositories) 3 are fund deals directly with a depository, annual hour burden of the rule’s subject to the requirements in rule 17f– the depository’s contract with or written collection of information requirement is 4. The rule is elective, but most, if not rules for its participants must provide 945 hours. all, funds use depository custody that the depository will provide similar The estimate of average burden hours arrangements.4 financial reports,10 which is a collection is made solely for the purposes of the Rule 17f–4 contains two general of information for purposes of the Paperwork Reduction Act. This estimate conditions. First, a fund’s custodian Paperwork Reduction Act. Custodians is not derived from a comprehensive or must be obligated, at a minimum, to and depositories usually transmit even representative survey or study of exercise due care in accordance with financial reports to funds twice each the costs of Commission rules. reasonable commercial standards in year.11 The Commission staff estimates An agency may not conduct or discharging its duty as a securities that 50 custodians spend approximately sponsor, and a person is not required to intermediary to obtain and thereafter respond to, a collection of information maintain financial assets.5 This Commercial Code when the parties have not agreed unless it displays a currently valid to a standard. Rule 17f–4 does not impose any control number. 1 15 U.S.C. 80a. substantive obligations beyond those contained in Article 8. Uniform Commercial Code, Revised The public may view the background 2 As amended in 2003, rule 17f–4 permits any documentation for this information registered investment company, including a unit Article 8—Investment Securities (1994 Official Text investment trust or a face-amount certificate with Comments) (‘‘Revised Article 8’’). collection at the following Web site, company, to use a security depository. See Custody 6 Moreover, the rule does not impose any www.reginfo.gov. Comments should be of Investment Company Assets With a Securities requirement regarding evidence of the obligation. directed to: (i) Desk Officer for the 7 Depository, Investment Company Act Release No. Rule 17f–4(b)(1)(i). Securities and Exchange Commission, 25934 (Feb. 13, 2003) (68 FR 8438 (Feb. 20, 2003)). 8 The Commission staff assumes that new funds The term ‘‘fund’’ is used in this Notice to mean a relying on 17f–4 would choose to use a custodian registered investment company. instead of directly dealing with a securities 12 (3,968 fund clients × 2 reports) = 7,936 3 The Commission staff estimates that, as depository because of the high costs associated with transmissions. The staff estimates that each permitted by the rule, an estimated 2% of all active maintaining an account with a securities transmission would take approximately 7 minutes funds may deal directly with a securities depository depository. Thus, new funds would not be subject for a total of approximately 926 hours (7 minutes × instead of using an intermediary. The number of to this condition. 7,936 transmissions). custodians is estimated based on information from 9 Rule 17f–4(a)(2). 13 (81 fund clients who may deal directly with a × Morningstar DirectSM. The Commission staff 10 Rule 17f–4(b)(1)(ii). securities depository 2 reports) = 162 estimates the number of possible securities 11 The estimated 50 custodians would handle transmissions. The staff estimates that each depositories by adding the 12 Federal Reserve transmission would take approximately 7 minutes requests for reports from an estimated 3,968 fund × Banks and 9 active registered clearing agencies. The clients (approximately 80 fund clients per for a total of approximately 19 hours (7 minutes Commission staff recognizes that not all of these custodian) and the depositories from the remaining 162 transmissions). entities may currently be acting as a securities 81 funds that choose to deal directly with a 14 926 hours for custodians and 19 hours for depository for fund securities. depository. It is our understanding based on staff securities depositories. 4 Based on responses to Item 18 of Form N–SAR conversations with industry representatives that 15 Rule 17f–4(b)(2). (17 CFR 274.101), approximately 97 percent of custodians and depositories transmit these reports 16 The Commission staff assumes that new funds funds’ custodians maintain some or all fund to clients in the normal course of their activities as relying on 17f–4 would choose to use a custodian securities in a securities depository pursuant to rule a good business practice regardless of whether they instead of directly dealing with a securities 17f–4. are requested. Therefore, for purposes of this depository because of the high costs associated with 5 Rule 17f–4(a)(1). This provision incorporates Paperwork Reduction Act estimate, the Commission maintaining an account with a securities into the rule the standard of care provided by staff assumes that custodians transmit the reports to depository. Thus new funds would not be subject section 504(c) of Article 8 of the Uniform all fund clients. to this condition.

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Office of Information and Regulatory the Regulatory Element). The person is required to retake the Affairs, Office of Management and Exchange’s proposal is materially Regulatory Element in the event that Budget, Room 10102, New Executive similar to a recent FINRA filing to such person (A) is subject to any Office Building, Washington, DC 20503, amend FINRA Rule 1250, which was statutory disqualification as defined in or by sending an email to: Shagufta_ recently approved by the Securities and Section 3(a)(39) of the Act; (B) is subject [email protected]; and (ii) Pamela Exchange Commission.3 The proposed to suspension or to the imposition of a Dyson, Director/Chief Information rule change will become operative fine of $5,000 or more for violation of Officer, Securities and Exchange January 4, 2016. any provision of any securities law or Commission, c/o Remi Pavlik-Simon, The text of the proposed rule change regulation, or any agreement with or 100 F Street NE., Washington, DC 20549 is available on the Exchange’s Web site rule or standard of conduct of any or send an email to: PRA_Mailbox@ at http://nasdaq.cchwallstreet.com, at securities governmental agency, sec.gov. Comments must be submitted to the principal office of the Exchange, and securities self-regulatory organization, OMB within 30 days of this notice. at the Commission’s Public Reference or as imposed by any such regulatory or Room. self-regulatory organization in Dated: January 12, 2016. connection with a disciplinary Robert W. Errett, II. Self-Regulatory Organization’s Statement of the Purpose of, and proceeding; or (C) is ordered as a Deputy Secretary. sanction in a disciplinary action to [FR Doc. 2016–00788 Filed 1–15–16; 8:45 am] Statutory Basis for, the Proposed Rule Change retake the Regulatory Element by any BILLING CODE 8011–01–P securities governmental agency or self- In its filing with the Commission, the regulatory organization. Rule 1120(a)(1) Exchange included statements provides that the following Regulatory SECURITIES AND EXCHANGE concerning the purpose of and basis for Elements administered by FINRA shall COMMISSION the proposed rule change and discussed be required: the S201 Supervisor any comments it received on the [Release No. 34–76874; File No. SR– Program for registered principals and NASDAQ–2015–167] proposed rule change. The text of these supervisors, the S501 Series 56 statements may be examined at the Proprietary Trader continuing education Self-Regulatory Organizations; The places specified in Item IV below. The program for Series 56 registered NASDAQ Stock Market LLC; Notice of Exchange has prepared summaries, set persons, and the S101 General Program Filing and Immediate Effectiveness of forth in sections A, B, and C below, of for Series 7 and all other registered Proposed Rule Change To Amend the most significant aspects of such persons. Currently, the Regulatory Section (a)(6) of Rule 1120, Continuing statements. Element may be administered in a test Education Requirements A. Self-Regulatory Organization’s center or in-firm subject to specified procedures.8 January 12, 2016. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The Firm Element consists of annual, Pursuant to Section 19(b)(1) of the Change member-developed and administered Securities Exchange Act of 1934 training programs for covered registered (‘‘Act’’),1 and Rule 19b–4 2 thereunder, 1. Purpose persons,9 which must be appropriate for notice is hereby given that, on December The CE requirements under Rule 1120 30, 2015, The NASDAQ Stock Market consist of a Regulatory Element 4 and a otherwise prescribed by the Exchange. On each LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed 5 occasion, the Regulatory Element must be Firm Element. The Regulatory Element completed within 120 days after the person’s with the Securities and Exchange 6 applies to all registered persons and registration anniversary date. A person’s initial Commission (‘‘SEC’’ or ‘‘Commission’’) consists of periodic computer-based registration date, also known as the ‘‘base date,’’ the proposed rule change as described training on regulatory, compliance, shall establish the cycle of anniversary dates for in Items I and II below, which Items purposes of the Rule. The content of the Regulatory ethical, and supervisory subjects and Element of the program shall be determined by have been prepared by the Exchange. sales practice standards, which must be Nasdaq and shall be appropriate to either the The Commission is publishing this completed within prescribed registered representative or principal status of the notice to solicit comments on the timeframes.7 In addition, a registered person subject to the Rule. proposed rule change from interested 8 Pursuant to Rule 1120(a)(6), Nasdaq Members that are also FINRA members are currently persons. 3 See Securities Exchange Act Release No. 75581 permitted to administer the continuing education (July 31, 2015), 80 FR 47018 (August 6, 2015) I. Self-Regulatory Organization’s Regulatory Element program to their registered (Order Approving a Proposed Rule Change to persons by instituting an in-firm program to the Statement of the Terms of Substance of Provide a Web-based Delivery Method for extent such program has been deemed acceptable to the Proposed Rule Change Completing the Regulatory Element of the FINRA in accordance with NASD Rule 1120(a)(6). Continuing Education Requirements) (SR–FINRA– (The Exchange notes that NASD Rule 1120 has The Exchange proposes to amend 2015–015). See also Securities Exchange Act previously been superseded by FINRA Rule 1250 section (a)(6) of Rule 1120 (Continuing Release No. 76107 (October 8, 2015), 80 FR 62139 which FINRA has amended, as discussed above, to Education Requirements) to provide for (October 15, 2015) (Notice of Filing and Immediate delete the in-firm CE option on a phased basis.) Effectiveness of a Proposed Rule Change Relating to web-based delivery of the Exchange’s Nasdaq and FINRA are parties to the Regulatory Delivery of the Regulatory Element of the Contract pursuant to which FINRA has agreed to continuing education (‘‘CE’’) program. Exchange’s Continuing Education Program) (SR– perform certain functions on behalf of Nasdaq. The proposed rule change would phase CBOE–2015–084). Therefore, Nasdaq members are complying with out the current option of completing the 4 See Rule 1120(a) (Regulatory Element). Nasdaq Rule 1120(a)(6) by complying with NASD Regulatory Element in a test center, and 5 See Rule 1120(b) (Firm Element). Rule 1250. In addition, functions performed by 6 For purposes of the Regulatory Element, a FINRA, FINRA departments, and FINRA staff under eliminate the current option for in- ‘‘registered person’’ means any person registered Nasdaq Rule 1120(a)(6) are being performed by house delivery of the Regulatory with Nasdaq as a representative, principal, or FINRA on behalf of Nasdaq. Nasdaq Members that Element of the CE program. The assistant representative pursuant to the Rule 1020, are not FINRA members are not permitted to amendments will delete the current text 1030, 1040, and 1110 Series. See Rule 1120(a)(5). institute in-firm delivery of the Regulatory Element of Rule 1120(a)(6) (In-Firm Delivery of 7 Pursuant to Rule 1120(a)(1), each registered program. person shall complete the Regulatory Element of the 9 Under Rule 1120(b)(1) (Persons Subject to the continuing education program beginning with the Firm Element), a ‘‘covered registered person’’ 1 15 U.S.C. 78s(b)(1). occurrence of their second registration anniversary means any person registered with a member who 2 17 CFR 240.19b–4. date and every three years thereafter, or as Continued

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the business of the member and, at a Proposal day window for completion of the minimum, must cover the following Regulatory Element.20 matters concerning securities products, Based on the recent amendments to The Exchange notes that the Web- 18 services and strategies offered by the FINRA Rule 1250, the Exchange based format will include safeguards to proposes to amend Rule 1120(a)(6) to member: (i) General investment features authenticate the identity of the CE provide for a Web-based delivery and associated risk factors; (ii) candidate. For instance, prior to method for completing the Regulatory suitability and sales practice commencing a Web-based session, the Element. Specifically, the Exchange considerations; and (iii) applicable candidate will be asked to provide a proposes to amend Rule 1120(a)(6) to portion of their [sic] SSN (either first regulatory requirements. provide that the continuing education five or last four digits) and their [sic] Today, most registered persons Regulatory Element set forth in date of birth. This information will only complete the Regulatory Element in a paragraph (a) of Rule 1120(a) will be be used for matching data in FINRA’s test center rather than in-firm. Given the administered through Web-based Web-CRD system. The Web CE system advances in Web-based technology, the delivery or such other technological will discard this information after the Exchange believes that there is manner and format as specified by the matching process. Further, before diminishing utility in the test center and Exchange. Should the Exchange commencing a Web-based session, each in-firm delivery methods. Moreover, determine to administer the Regulatory candidate will be required to agree to according to FINRA,10 registered Element through a delivery mechanism the Rules of Conduct for Web-based persons have raised concerns with the other than Web-based delivery, delivery. Among other things, the Rules test center delivery method because of however, the Exchange would notify the of Conduct will require each candidate the travel involved, the limited time Commission and would need to file a to attest that he or she is in fact the currently available to complete a further rule change with the person who is taking the Web-based Regulatory Element session 11 and the Commission. session. The Rules of Conduct will also use of rigorous security measures at test The first phase of the Web-based require that each candidate agree that centers, which are appropriate for taking delivery system was launched October the Regulatory Element content is qualification examinations but onerous 1, 2015 and includes the Regulatory intellectual property and that the for a CE program.12 Also, according to Element of the S201 Supervisor Program content cannot be copied or redistributed by any means. If the FINRA, the test center is expensive to for registered principals and Exchange discovers that a candidate has operate.13 supervisors. The second phase of the Web-based delivery system will be violated the Rules of Conduct, the In response to the issues noted above, launched January 4, 2016 and include candidate will forfeit the results of the FINRA engaged in extensive outreach the Regulatory Element of the S101 Web-based session and may be subject with the industry and completed a pilot General Program for Series 7 and all to disciplinary action by the Exchange. of a Web-based delivery system for other registered persons, including, but Violation of the Rules of Conduct will administering the Regulatory Element.14 not limited to Securities Traders. be considered conduct inconsistent with According to FINRA, the proposed Web- The Exchange is proposing to phase high standards of commercial honor and based system performed well during the out test-center delivery by no later than just and equitable principles of trade, in pilot in terms of both performance and six months after January 4, 2016. violation of Rule 2010A (Standards of 15 accessibility. FINRA also received Registered persons will continue to have Commercial Honor and Principles of positive feedback from firms and the the option of completing the Regulatory Trade). The Exchange is not proposing individual pilot participants.16 FINRA Element in a test center, but they will any changes to the Firm Element noted that among other things, pilot be required to use the Web-based system requirements under Rule 1120(b). participants appreciated the expanded after the test-center delivery is phased 2. Statutory Basis 19 time to focus on the provided learning out. The Exchange believes that its materials without the pressure of a Further, the Exchange is proposing to proposal is consistent with Section 6(b) timed session and the ability to resume eliminate the current option for in-firm of the Act,21 in general, and furthers the or complete their session from where delivery and is deleting the current objectives of Section 6(b)(5) of the Act,22 they left off.17 language in Rule 1120(a)(6) relating to in particular, in that it is designed to in-firm delivery of the CE Regulatory promote just and equitable principles of has direct contact with customers in the conduct of Element. The proposed Web-based trade, to remove impediments to and the member’s securities sales, trading and delivery method will provide registered perfect the mechanism of a free and investment banking activities, and to the immediate persons the flexibility to complete the open market and a national market supervisors of such persons. Regulatory Element at a location of their system, and, in general to protect 10 FINRA is currently responsible for the choosing, including their private investors and the public interest. operation of the test centers used for test center residence, at any time during their 120- Additionally, the Exchange believes the delivery method of the Regulatory Element. 11 The current session time is three-and-a-half 20 hours. 18 See FINRA Rule 1250 (Continuing Education Although the proposed rule change provides Requirements). See also Securities Exchange Act flexibility, firms may choose to impose their own 12 See Securities Exchange Act Release No. 75154 Release No. 75581 (July 31, 2015) 80 FR 47018 conditions based on their supervisory and (June 11, 2015), 80 FR 34777 (June 17, 2015) (Notice (August 6, 2015) (Order Approving a Proposed Rule compliance needs. For instance, a firm that wishes of Filing of a Proposed Rule Change To Provide a Change to Provide a Web-based Delivery Method for to have registered persons complete CE on the Web-Based Delivery Method for Completing the Completing the Regulatory Element of the firm’s premises can do so by having the registered Regulatory Element of the Continuing Education Continuing Education Requirements) (SR–FINRA– person access Web-based CE from a firm device and Requirements) (SR–FINRA–2015–015). 2015–015). location. Moreover, firms would have to update 13 Id. at 34779. 19 The Exchange intends to amend Rule 7003, their written policies and procedures regarding the Regulatory Element to reflect the transition to Web- 14 Id. Registration and Processing Fees, to reduce the cost for Web-delivery of the Regulatory Element from based CE and communicate the update to registered 15 Id. $100 to $55 if administered by Web-delivery. Fees persons. 16 Id. for completing the CE Regulatory Element at a test 21 15 U.S.C. 78f(b). 17 Id. center will remain $100. 22 15 U.S.C. 78f(b)(5).

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proposed rule change is consistent with III. Date of Effectiveness of the change is consistent with the Act. the Section 6(b)(5) 23 requirement that Proposed Rule Change and Timing for Comments may be submitted by any of the rules of an exchange not be designed Commission Action the following methods: to permit unfair discrimination between Because the proposed rule change Electronic Comments customers, issuers, brokers, or dealers does not (i) significantly affect the and Section 6(c)(3) 24 of the Act, which protection of investors or the public • Use the Commission’s Internet authorizes the Exchange to, among other interest; (ii) impose any significant comment form (http://www.sec.gov/ things, prescribe standards of financial burden on competition; and (iii) become rules/sro.shtml); or responsibility or operational capability operative for 30 days from the date on • Send an email to rule-comments@ which it was filed, or such shorter time and standards of training, experience, sec.gov. Please include File Number SR– as the Commission may designate, the and competence for its members and NASDAQ–2015–167 on the subject line. persons associated with members. proposed rule change has become effective pursuant to Section 19(b)(3)(A) In particular, the Exchange believes Paper Comments of the Act 25 and Rule 19b–4(f)(6) that the proposed rule change will thereunder.26 • Send paper comments in triplicate improve members’ compliance efforts The Exchange has asked the to Secretary, Securities and Exchange and will allow registered persons to Commission to waive the 30-day Commission, 100 F Street NE., spend a greater amount of time on the operative delay so that the proposal may Washington, DC 20549–1090. review of CE materials and potentially become operative on January 4, 2016. All submissions should refer to File achieve better learning outcomes, which The Exchange states the Exchange will in turn enhance investor protection. believes that the proposed rule change Number SR–NASDAQ–2015–167. This Further, while the proposed rule change will improve members’ compliance file number should be included on the will provide more flexibility to members efforts and will allow registered persons subject line if email is used. To help the and registered persons, it will maintain to spend more time on the review of CE Commission process and review your the integrity of the Regulatory Element materials and potentially achieve better comments more efficiently, please use of the CE program and the CE program learning outcomes, which will in turn only one method. The Commission will in general. enhance investor protection. In post all comments on the Commission’s addition, waiving the operative delay Internet Web site (http://www.sec.gov/ B. Self-Regulatory Organization’s will make NASDAQ’s rules consistent rules/sro.shtml). Copies of the Statement on Burden on Competition with those of the other exchanges. For submission, all subsequent amendments, all written statements The Exchange does not believe that these reasons, the Commission believes with respect to the proposed rule the proposed rule change will impose that waiver of the 30-day operative change that are filed with the any burden on competition that is not delay is consistent with the protection Commission, and all written necessary or appropriate in furtherance of investors and the public interest. communications relating to the of the purposes of the Act. The Therefore, the Commission designates the proposed rule change to be operative proposed rule change between the Exchange notes that the proposed rule on January 4, 2016.27 Commission and any person, other than change is specifically intended to At any time within 60 days of the those that may be withheld from the reduce the burden on firms while filing of the proposed rule change, the public in accordance with the preserving the integrity of the CE Commission summarily may provisions of 5 U.S.C. 552, will be program. As described above, the Web- temporarily suspend such rule change if available for Web site viewing and based delivery method will provide it appears to the Commission that such printing in the Commission’s Public registered persons the flexibility to action is necessary or appropriate in the Reference Room, 100 F Street NE., complete the Regulatory Element at any public interest, for the protection of Washington, DC 20549, on official location that they choose. Further, Web- investors, or otherwise in furtherance of business days between the hours of based delivery is efficient and offers the purposes of the Act. If the 10:00 a.m. and 3:00 p.m. Copies of the significant cost savings over test-center Commission takes such action, the filing also will be available for and in-firm deliveries. With respect to Commission shall institute proceedings inspection and copying at the principal the authentication process for Web- to determine whether the proposed rule office of the Exchange. All comments based delivery, the CE candidate’s should be approved or disapproved. received will be posted without change; personal identifying information will be IV. Solicitation of Comments the Commission does not edit personal masked and will be submitted to FINRA identifying information from through a secure, encrypted, network. Interested persons are invited to submissions. You should submit only The personal identifying information submit written data, views and information that you wish to make submitted via the Web-based system arguments concerning the foregoing, available publicly. All submissions will be used for authentication purposes including whether the proposed rule should refer to File Number SR– only—the information will not be stored NASDAQ–2015–167 and should be in the Web-based system. 25 15 U.S.C. 78s(b)(3)(A). 26 17 CFR 240.19b–4(f)(6). As required under Rule submitted on or before February 9, 2016. C. Self-Regulatory Organization’s 19b–4(f)(6)(iii), the Exchange provided the For the Commission, by the Division of Statement on Comments on the Commission with written notice of its intent to file Trading and Markets, pursuant to delegated the proposed rule change, along with a brief 28 Proposed Rule Change Received From description and the text of the proposed rule authority. Members, Participants, or Others change, at least five business days prior to the date Robert W. Errett, of filing of the proposed rule change, or such No written comments were either shorter time as designated by the Commission. Deputy Secretary. solicited or received. 27 For purposes only of waiving the 30-day [FR Doc. 2016–00787 Filed 1–15–16; 8:45 am] operative delay, the Commission has also BILLING CODE 8011–01–P considered the proposed rule’s impact on 23 15 U.S.C. 78f(b)(5). efficiency, competition, and capital formation. See 24 15 U.S.C. 78f(c)(3). 15 U.S.C. 78c(f). 28 17 CFR 200.30–3(a)(12).

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SOCIAL SECURITY ADMINISTRATION collection techniques or other forms of date of this notice. To be sure we information technology. Mail, email, or consider your comments, we must [Docket No: SSA–2016–0001] fax your comments and receive them no later than March 21, recommendations on the information 2016. Individuals can obtain copies of Agency Information Collection collection(s) to the OMB Desk Officer the collection instruments by writing to Activities: Proposed Request and and SSA Reports Clearance Officer at the above email address. Comment Request the following addresses or fax numbers. 1. Supplemental Statement Regarding The Social Security Administration (OMB), Office of Management and Farming Activities of Person Living (SSA) publishes a list of information Budget, Attn: Desk Officer for SSA, Outside the U.S.A.—0960–0103. When a collection packages requiring clearance Fax: 202–395–6974, Email address: beneficiary or claimant reports farm by the Office of Management and [email protected]. work from outside the United States, Budget (OMB) in compliance with (SSA), Social Security Administration, SSA documents this work on Form Public Law 104–13, the Paperwork OLCA, Attn: Reports Clearance SSA–7163A–F4. Specifically, SSA uses Reduction Act of 1995, effective October Director, 3100 West High Rise, 6401 the form to determine if we should 1, 1995. This notice includes revisions Security Blvd., Baltimore, MD 21235, apply foreign work deductions to the and an extension of OMB-approved Fax: 410–966–2830, Email address: recipient’s Title II benefits. We collect information collections. [email protected]. the information either annually or every SSA is soliciting comments on the Or you may submit your comments other year, depending on the accuracy of the agency’s burden online through www.regulations.gov, respondent’s country of residence. estimate; the need for the information; referencing Docket ID Number [SSA– Respondents are Social Security its practical utility; ways to enhance its 2016–0001]. recipients engaged in farming activities quality, utility, and clarity; and ways to I. The information collections below outside the United States. minimize burden on respondents, are pending at SSA. SSA will submit Type of Request: Revision of an OMB- including the use of automated them to OMB within 60 days from the approved information collection.

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

SSA–7163A–F4 ...... 1,000 1 60 1,000

2. Employer Verification of Earnings subsequent to the year of death, SSA the employer is correct for the employee After Death—20 CFR 404.821 and mails the employer Form SSA–L4112 and the year in question. The 404.822—0960–0472. When SSA (Employer Verification of Earnings After respondents are employers who report records show a wage earner is deceased Death). SSA uses the information Form wages for employees who have died. and we receive wage reports from an SSA–L4112 provides to verify wage Type of Request: Revision of an OMB- employer for the wage earner for a year information previously received from approved information collection.

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

SSA–L4112 ...... 50,000 1 10 8,333

3. Certificate of Incapacity—5 CFR adult child’s disability: (1) Pre-dates the and over, for coverage under a parent’s 890.302(d)—0960–0739. Rules child’s 26th birthday; (2) is very serious; FEHB plan. The respondents are governing the Federal Employee Health and (3) will continue for at least one physicians of SSA employees’ children Benefits (FEHB) plan require a year. Physicians use Form SSA–604, the ages 26 or over who are seeking to retain physician to verify the disability of Certificate of Incapacity, to document health benefits under their parent’s Federal employees’ children ages 26 and and certify this information, and the FEHB coverage. over for these children to retain health Social Security Administration uses the Type of Request: Revision of an OMB- benefits under their employed parents’ information provided to determine the plans. The physician must verify the eligibility for these children, ages 26 approved information collection.

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

SSA–604 ...... 50 1 45 38

4. Certificate of Election for Reduced provides SSA the authority to reduce payable to an already entitled spouse (or Widow(er)s and Surviving Divorced benefits under certain conditions when divorced spouse) who: Spouse’s Benefits—20 CFR 404.335— elected by a Title II beneficiary. 0960–0759. Section 202(q) of the Act However, reduced benefits are not

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• Is at least age 62 and under full the month before the month of the spouse) who elects to receive a reduced retirement age in the month of the number holder’s death. widow(er) benefit. The respondents are number holder’s death; and To elect reduced widow(er) benefits, qualified dually entitled widow(er)s (or • Is receiving both reduced spouse’s a recipient completes Form SSA–4111. surviving divorced spouse) who elect to (or divorced spouse’s) benefits and SSA uses the information collected to receive a reduced widow(er) benefit. pay a qualified dually entitled Type of Request: Revision of an OMB- either retirement or disability benefits in widow(er) (or surviving divorced approved information collection.

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

SSA–4111 ...... 30,000 1 2 1,000

II. SSA submitted the information 1. Child Relationship Statement—20 acknowledged the child in writing; (b) collections below to OMB for clearance. CFR 404.355 & 404.731—0960–0116. To was court decreed as the child’s parent; Your comments regarding the help determine a child’s entitlement to or (c) was court ordered to support the information collections would be most Social Security benefits, SSA uses child. To obtain this information, SSA useful if OMB and SSA receive them 30 criteria under section 216(h)(3) of the uses Form SSA–2519, Child days from the date of this publication. Social Security Act, deemed child Relationship Statement. The To be sure we consider your comments, provision. SSA may deem a child to an respondents are people with knowledge we must receive them no later than insured individual if: (1) The insured of the relationship between certain February 18, 2016. Individuals can individual presents SSA with individuals filing for Social Security obtain copies of the OMB clearance satisfactory evidence of parenthood, and benefits and their alleged biological packages by writing to was living with or contributing to the children. [email protected]. child’s support at certain specified Type of Request: Revision of an OMB- times; or (2) the insured individual (a) approved information collection.

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

SSA–2519 ...... 50,000 1 15 12,500

2. Request for Reinstatement (Title their requests for EXR. We require this the form to the previously entitled XVI)—20 CFR 416.999–416.999d— application for reinstatement of benefits individuals if they request EXR over the 0960–0744. SSA uses Form SSA–372 to for respondents to obtain SSI disability phone. SSA employees collect this (1) inform previously entitled payments for EXR. When an SSA claims information whenever an individual beneficiaries of the expedited representative learns of individuals files for EXR benefits. The respondents reinstatement (EXR) requirements of whose medical conditions no longer are applicants for EXR of SSI disability Supplemental Security Income (SSI) permit them to perform substantial payments. payments under Title XVI of the Social gainful activity as defined in the Act, Type of Request: Revision of an OMB- Security Act (Act), and (2) document the claims representative gives or mails approved information collection.

Average Number of Frequency of burden per Estimated total Regulation section respondents response response annual burden (minutes) (hours)

SSA–372 ...... 2,000 1 2 67

Dated: January 13, 2016. OFFICE OF THE UNITED STATES electronic images of an appropriate Naomi R. Sipple, TRADE REPRESENTATIVE export visa from a beneficiary sub- Reports Clearance Officer, Social Security Saharan African country when claiming Administration. International Trade Data System Visa preferential treatment for entries of Requirements Under the African [FR Doc. 2016–00855 Filed 1–15–16; 8:45 am] textile and apparel products under the Growth and Opportunity Act BILLING CODE 4191–02–P African Growth and Opportunity Act. AGENCY: Office of the United States DATES: Effective Date: February 8, 2016. Trade Representative. FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Constance Hamilton, Deputy Assistant SUMMARY: The United States Trade United States Trade Representative for Representative is directing the Africa, Office of African Affairs, 202 395 Commissioner of Customs and Border 9576, Protection to permit importers to submit [email protected].

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SUPPLEMENTARY INFORMATION: The textile and apparel products that are countries with thread formed in the African Growth and Opportunity Act entered or withdrawn from a warehouse United States. (Title I of the Trade and Development for consumption. More specifically, the Grouping 4: Apparel articles wholly Act of 2000, Public Law 106–200) USTR is directing the Commissioner to assembled in one or more beneficiary (AGOA) provides preferential tariff allow importers to provide an sub-Saharan African countries from treatment for imports of certain textile appropriate export visa submitted fabric wholly formed in one or more and apparel products of designated electronically via the Document Image beneficiary sub-Saharan African beneficiary sub-Saharan African System or other approved functionality countries from yarn originating either in countries. in ACE or any CBP approved successor the United States or one or more In January 2001 (66 FR 7837 Jan. 25, system. A shipment still must be visaed beneficiary sub-Saharan African 2001), the United States Trade by stamping an original circular visa, in countries. Representative (USTR) directed the blue ink only, on the front of the Grouping 5: Apparel articles wholly Commissioner of Customs (now, the original commercial invoice. For ease of assembled in one or more lesser- Commissioner of Customs and Border use, the visa stamp requirements developed beneficiary sub-Saharan Protection) to take the actions necessary published in 2001 are reproduced below countries regardless of the country of to ensure that textile and apparel without substantive change. Providing origin of the fabric used to make the articles described in section 112(b) of an electronic image of the original visa articles. the AGOA (19 U.S.C. 3721(b)) that are stamped invoice is not considered Grouping 6: Sweaters in chief weight entered or withdrawn from a warehouse duplication for purposes of these of cashmere, knit to shape in one or for consumption are accompanied by an instructions. The USTR also advises the more beneficiary sub-Saharan African appropriate export visa, if the Commissioner that an importer must countries and classifiable under preferential treatment described in provide the original of the invoice with subheading 6110.10 of the Harmonized section 112(a) of the AGOA (19 U.S.C. the original visa stamp for physical Tariff Schedule of the United States. 3721(a)) is claimed with respect to such inspection upon request by CBP Grouping 7: Sweaters, 50 percent or articles. The directions to the personnel in accordance with 19 CFR more by weight of wool measuring 18.5 Commissioner required that a shipment part 163. microns in diameter or finer, knit-to- be visaed by stamping an original Each visa stamp shall include the shape in one or more beneficiary sub- circular visa, in blue ink only, on the following information: Saharan African countries. front of the original commercial invoice. 1. Visa Number. The visa stamp is a Grouping 8: Apparel articles wholly Duplicate copies were not permitted. In nine digit format beginning with one assembled in one or more beneficiary order to obtain preferential tariff numeric digit for the designated sub-Saharan African countries from treatment under section 112(a) of the grouping (1 to 9), as described below. fabric or yarn not formed in the United AGOA, the original of the invoice with This number is followed by the two States or any beneficiary sub-Saharan the original visa stamp was required. character alpha code specified by the African country, if (1) apparel articles of On February 19, 2014, President International Organization for such fabrics or yarns would be eligible Obama issued Executive Order 13659 Standardization (ISO) for the designated for preferential treatment, without titled ‘‘Streamlining the Export/Import beneficiary sub-Saharan African regard to the source of the fabric or yarn, Process for America’s Businesses’’ (79 country, followed by a six digit under Annex 401 to the North American FR 10657, Feb 25, 2014), which directed numerical serial number identifying the Free Trade Agreement, or (2) the the U.S. Customs and Border Protection shipment. President proclaims that apparel articles (CBP) to develop a more efficient and Grouping 1: Apparel articles of such fabric or yarn may be accorded cost effective trade processing assembled in one or more beneficiary preferential tariff treatment under the infrastructure called the International sub-Saharan African countries from AGOA. Trade Data System (ITDS) to modernize fabrics wholly formed and cut in the Grouping 9: Handmade, hand-loomed, and simplify the way that executive United States, from yarns wholly or folklore articles (qualifying articles departments and agencies interact with formed in the United States. will be determined following bilateral traders. The ITDS includes an electronic Grouping 2: Apparel articles consultations). information exchange capability or assembled in one or more beneficiary The product groupings described ‘‘single window’’ known as the sub-Saharan African countries from above are in summary form. Interested Automated Commercial Environment fabrics wholly formed and cut in the persons should refer to section 112(b) of (ACE), through which businesses will United States, from yarns wholly the AGOA for a complete description of transmit data required by agencies with formed in the United States if, after the textile and apparel products for trade-related responsibilities for the assembly, the articles would have which preferential treatment may be importation or exportation of cargo. qualified for entry under subheading claimed under section 112(a) of the When fully implemented in December 9802.00.80 of the Harmonized Tariff AGOA. 2016, ACE/ITDS will be the primary Schedule of the United States but for the 2. Date of Issuance. The date of means by which participating agencies fact that the articles were embroidered issuance is the day, month and year on will receive from users the standard set or subject to stone washing, enzyme which the visa was signed by an of data and other relevant washing, acid washing, perma pressing, authorized government official. documentation required for the release oven baking, bleaching, garment dyeing, 3. Authorized Signature. The original of imported cargo and the clearance of screen printing, or other similar signature of an authorized official of the cargo for export. processes. beneficiary sub-Saharan African country With this notice, the USTR is Grouping 3: Apparel articles cut in or his designate. modifying the 2001 directions to the one or more beneficiary sub-Saharan 4. Correct Grouping and Quantity. Commissioner to implement use of the African countries from fabric wholly The correct grouping, the total quantity, ACE by importers from a beneficiary formed in the United States from yarns and the unit of quantity in the shipment sub-Saharan African country when wholly formed in the United States if must be provided within the visa stamp. claiming preferential treatment under the articles are assembled in one or Quantities must be stated in whole section 112(a) of the AGOA for eligible more beneficiary sub-Saharan African numbers. Decimals or fractions will not

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be accepted. If the quantity indicated on • Federal eRulemaking Portal: Go to in lieu of full compliance to ensure that the visa is less than that of the http://www.regulations.gov and follow an acceptable level of safety is provided. shipment, only the quantity shown on the online instructions for sending your [FR Doc. 2016–00755 Filed 1–15–16; 8:45 am] the visa is eligible for preferential tariff comments electronically. BILLING CODE 4910–13–P treatment under section 112(a) of the • Mail: Send comments to Docket AGOA. If the quantity indicated on the Operations, M–30; U.S. Department of visa is more than that of the shipment, Transportation (DOT), 1200 New Jersey DEPARTMENT OF TRANSPORTATION only the quantity of the shipment is Avenue SE., Room W12–140, West eligible for preferential tariff treatment Building Ground Floor, Washington, DC Federal Aviation Administration under section 112(a) of the AGOA. Any 20590–0001. [Summary Notice No. 2016–0001] overage cannot be applied to any other • Hand Delivery or Courier: Take shipment. comments to Docket Operations in Petition for Exemption; Summary of A visa will not be accepted and Room W12–140 of the West Building Petition Received; Innova Flights preferential tariff treatment under Ground Floor at 1200 New Jersey Training and Systems section 112(a) of the AGOA will not be Avenue SE., Washington, DC, between 9 permitted if the visa number, date of a.m. and 5 p.m., Monday through AGENCY: Federal Aviation issuance, authorized signature, correct Friday, except Federal holidays. Administration (FAA), DOT. grouping, quantity or the unit of • Fax: Fax comments to Docket ACTION: Notice. quantity is missing, incorrect, illegible Operations at 202–493–2251. or has been crossed out or altered in any SUMMARY: This notice contains a Privacy: In accordance with 5 U.S.C. summary of a petition seeking relief way. If the visa is not acceptable, a new 553(c), DOT solicits comments from the visa must be obtained from an from specified requirements of Title 14 public to better inform its rulemaking of the Code of Federal Regulations. The authorized official of the beneficiary process. DOT posts these comments, sub-Saharan African country, or his purpose of this notice is to improve the without edit, including any personal public’s awareness of, and participation designate, before preferential tariff information the commenter provides, to treatment under section 112(a) of the in, the FAA’s exemption process. http://www.regulations.gov, as Neither publication of this notice nor AGOA can be claimed. Waivers are not described in the system of records permitted. the inclusion or omission of information notice (DOT/ALL–14 FDMS), which can in the summary is intended to affect the Florizelle Liser, be reviewed at http://www.dot.gov/ legal status of the petition or its final Assistant United States Trade Representative privacy. disposition. for African Affairs, Office of the United States Docket: Background documents or Trade Representative. comments received may be read at DATES: Comments on this petition must [FR Doc. 2016–00838 Filed 1–15–16; 8:45 am] http://www.regulations.gov at any time. identify the petition docket number and BILLING CODE 3290–F6–P Follow the online instructions for must be received on or before February accessing the docket or go to the Docket 8, 2016. Operations in Room W12–140 of the ADDRESSES: Send comments identified DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 by docket number FAA–2015–0137 New Jersey Avenue SE., Washington, using any of the following methods: Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow [Summary Notice No. 2015–85] through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: the online instructions for sending your Petition for Exemption; Summary of comments electronically. Deana Stedman, ANM–113, Federal • Petition Received; The Boeing Aviation Administration, 1601 Lind Mail: Send comments to Docket Company Avenue SW., Renton, WA 98057–3356, Operations, M–30; U.S. Department of email [email protected], phone Transportation (DOT), 1200 New Jersey AGENCY: Federal Aviation Avenue SE., Room W12–140, West Administration (FAA), DOT. (425) 227–2148. This notice is published pursuant to Building Ground Floor, Washington, DC ACTION: Notice. 14 CFR 11.85. 20590–0001. • Hand Delivery or Courier: Take SUMMARY: This notice contains a Issued in Washington, DC, on January 11, comments to Docket Operations in summary of a petition seeking relief 2016. Room W12–140 of the West Building from specified requirements of Title 14 Lirio Liu, Ground Floor at 1200 New Jersey of the Code of Federal Regulations. The Director, Office of Rulemaking. Avenue SE., Washington, DC, between 9 purpose of this notice is to improve the a.m. and 5 p.m., Monday through public’s awareness of, and participation Petition for Exemption Friday, except Federal holidays. in, the FAA’s exemption process. Docket No.: FAA–2015–8006. • Fax: Fax comments to Docket Neither publication of this notice nor Petitioner: The Boeing Company. Operations at 202–493–2251. the inclusion or omission of information Section(s) of 14 CFR Affected: Privacy: In accordance with 5 U.S.C. in the summary is intended to affect the § 25.981(a)(3). 553(c), DOT solicits comments from the legal status of the petition or its final Description of Relief Sought: The public to better inform its rulemaking disposition. petitioner seeks an exemption from the process. DOT posts these comments, DATES: Comments on this petition must requirements of 14 CFR 25.981(a)(3) at without edit, including any personal identify the petition docket number and Amendment 25–125, with respect to information the commenter provides, to must be received on or before February fuel tank ignition prevention for the http://www.regulations.gov, as 8, 2016. 777–9 model airplane. This petition is described in the system of records ADDRESSES: Send comments identified made in accordance with FAA Policy notice (DOT/ALL–14 FDMS), which can by docket number FAA–2015–8006 PS–ANM–25.981–02 dated June 24, be reviewed at http://www.dot.gov/ using any of the following methods: 2014, providing alternate requirements privacy.

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Docket: Background documents or DATES: Comments on this petition must 767–2C ARB and its local attachment comments received may be read at identify the petition docket number and structure. http://www.regulations.gov at any time. must be received on or before February [FR Doc. 2016–00754 Filed 1–15–16; 8:45 am] Follow the online instructions for 8, 2016. BILLING CODE 4910–13–P accessing the docket or go to the Docket ADDRESSES: Send comments identified Operations in Room W12–140 of the by docket number FAA–2015–6811 West Building Ground Floor at 1200 using any of the following methods: DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington, • Federal eRulemaking Portal: Go to Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday http://www.regulations.gov and follow through Friday, except Federal holidays. the online instructions for sending your [Summary Notice No. 2015–84] FOR FURTHER INFORMATION CONTACT: comments electronically. Michael J. Cameron, (202) 267–4549, • Mail: Send comments to Docket Petition for Exemption; Summary of 800 Independence Avenue SW., Operations, M–30; U.S. Department of Petition Received; JP Morgan Chase & Washington, DC 20591. Transportation (DOT), 1200 New Jersey Co. This notice is published pursuant to Avenue SE., Room W12–140, West AGENCY: 14 CFR 11.85. Building Ground Floor, Washington, DC Federal Aviation Administration (FAA), DOT. Issued in Washington, DC, on January 12, 20590–0001. • ACTION 2016. Hand Delivery or Courier: Take : Notice. comments to Docket Operations in Lirio Liu, SUMMARY: This notice contains a Director, Office of Rulemaking. Room W12–140 of the West Building Ground Floor at 1200 New Jersey summary of a petition seeking relief Petition for Exemption Avenue SE., Washington, DC, between 9 from specified requirements of Title 14 a.m. and 5 p.m., Monday through of the Code of Federal Regulations. The Docket No.: FAA–2015–0137 purpose of this notice is to improve the Petitioner: Innova Flight Training and Friday, except Federal holidays. • Fax: Fax comments to Docket public’s awareness of, and participation Systems in, the FAA’s exemption process. Section(s) of 14 CFR Affected: 21, and Operations at 202–493–2251. Neither publication of this notice nor §§ 61.3, 61.113(a), 91.109 (a), 91.119, Privacy: In accordance with 5 U.S.C. the inclusion or omission of information 91.121, and 91.151(a). 553(c), DOT solicits comments from the Description of Relief Sought: The public to better inform its rulemaking in the summary is intended to affect the petitioner is requesting relief in order to process. DOT posts these comments, legal status of the petition or its final instruct students on Unmanned Aircraft without edit, including any personal disposition. Systems (UAS) operations in the information the commenter provides, to DATES: Comments on this petition must National Airspace System (NAS). http://www.regulations.gov, as identify the petition docket number and Petitioner’s curriculum includes non- described in the system of records must be received on or before February certified and certificated aviation notice (DOT/ALL–14 FDMS), which can 8, 2016. students manipulating UAS controls be reviewed at http://www.dot.gov/ ADDRESSES: Send comments identified with an aviation certificated pilot as the privacy. by docket number FAA–2015–1677 pilot in command (PIC) acting as an Docket: Background documents or using any of the following methods: instructor who is able to take control of comments received may be read at • Federal eRulemaking Portal: Go to the UAS at any time. http://www.regulations.gov at any time. http://www.regulations.gov and follow [FR Doc. 2016–00753 Filed 1–15–16; 8:45 am] Follow the online instructions for the online instructions for sending your BILLING CODE 4910–13–P accessing the docket or go to the Docket comments electronically. Operations in Room W12–140 of the • Mail: Send comments to Docket West Building Ground Floor at 1200 Operations, M–30; U.S. Department of DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington, Transportation (DOT), 1200 New Jersey DC, between 9 a.m. and 5 p.m., Monday Federal Aviation Administration Avenue SE., Room W12–140, West through Friday, except Federal holidays. Building Ground Floor, Washington, DC [Summary Notice No. 2015–70] FOR FURTHER INFORMATION CONTACT: 20590–0001. Deana Stedman, ANM–113, Federal • Hand Delivery or Courier: Take Petition for Exemption; Summary of Aviation Administration, 1601 Lind comments to Docket Operations in Petition Received; The Boeing Avenue SW., Renton, WA 98057–3356, Room W12–140 of the West Building Company email [email protected], phone Ground Floor at 1200 New Jersey AGENCY: Federal Aviation (425) 227–2148. Avenue SE., Washington, DC, between 9 Administration (FAA), DOT. This notice is published pursuant to a.m. and 5 p.m., Monday through 14 CFR 11.85. ACTION: Notice. Friday, except Federal holidays. Issued in Washington, DC, on January 11, • Fax: Fax comments to Docket SUMMARY: This notice contains a 2016. Operations at 202–493–2251. summary of a petition seeking relief Lirio Liu, Privacy: In accordance with 5 U.S.C. from specified requirements of Title 14 Director, Office of Rulemaking. 553(c), DOT solicits comments from the of the Code of Federal Regulations. The public to better inform its rulemaking purpose of this notice is to improve the Petition for Exemption process. DOT posts these comments, public’s awareness of, and participation Docket No.: FAA–2015–6811. without edit, including any personal in, the FAA’s exemption process. Petitioner: The Boeing Company. information the commenter provides, to Neither publication of this notice nor Section(s) of 14 CFR Affected: http://www.regulations.gov, as the inclusion or omission of information § 25.341(a). described in the system of records in the summary is intended to affect the Description of Relief Sought: The notice (DOT/ALL–14 FDMS), which can legal status of the petition or its final petitioner requests an exemption from be reviewed at http://www.dot.gov/ disposition. 14 CFR 25.341(a) for the STC-modified privacy.

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Docket: Background documents or is filed on or before June 17, 2016. If the Mammal Protection Act [16 U.S.C. 1361], comments received may be read at Federal law that authorizes judicial Fish and Wildlife Coordination Act [16 http://www.regulations.gov at any time. review of a claim provides a time period U.S.C. 661–667(d)], Migratory Bird Treaty Follow the online instructions for of less than 150 days for filing such Act [16 U.S.C. 703–712]. 5. Historic and Cultural Resources: Section accessing the docket or go to the Docket claim, then that shorter time period still 106 of the National Historic Preservation Act Operations in Room W12–140 of the applies. of 1966, as amended [16 U.S.C. 470(f) et seq.]; West Building Ground Floor at 1200 FOR FURTHER INFORMATION CONTACT: Mr. Archeological Resources Protection Act of New Jersey Avenue SE., Washington, Achille Alonzi, Division Administrator, 1977 [16 U.S.C. 470(aa)-11]; Archeological DC, between 9 a.m. and 5 p.m., Monday Texas Division, Federal Highway and Historic Preservation Act [16 U.S.C. 469– through Friday, except Federal holidays. Administration, 300 E. 8th Street, Room 469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. FOR FURTHER INFORMATION CONTACT: 826, Austin, Texas 78701; 8:00 a.m. to 3001–3013]. Alphonso Pendergrass (202) 267–4713, 5:00 p.m. (central daylight time) 6. Social and Economic: Civil Rights Act of Office of Rulemaking, Federal Aviation Monday through Friday, 512–536–5900; 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Administration, 800 Independence email: [email protected]. American Indian Religious Freedom Act [42 Avenue SW., Washington, DC 20591. You may also contact Mr. Carlos U.S.C. 1996]; Farmland Protection Policy Act This notice is published pursuant to Swonke, Texas Department of (FPPA) [7 U.S.C. 4201–4209]. 14 CFR 11.85. Transportation, 125 East 11th Street, 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Issued in Washington, DC, on January 11, Austin, Texas 78701; telephone: (512) 416–2734. Section 401, Section 319); Land and Water 2016. Conservation Fund (LWCF), 16 U.S.C. 4601– Lirio Liu, SUPPLEMENTARY INFORMATION: Notice is 4604; Safe Drinking Water Act (SDWA), 42 Director, Office of Rulemaking. hereby given that the FHWA and other U.S.C. 300(f)-300(j)(6); Rivers and Harbors Federal agencies have taken final agency Act of 1899, 33 U.S.C. 401–406; Wild and Petition for Exemption actions by issuing licenses, permits, and Scenic Rivers Act, 16 U.S.C. 1271–1287; Docket No.: FAA–2015–1677. approvals for the following highway Emergency Wetlands Resources Act, 16 Petitioner: JP Morgan Chase & Co. project in Texas: U.S. 181 Harbor Bridge U.S.C. 3921, 3931; TEA–21 Wetlands Section(s) of 14 CFR Affected: Project in Nueces County. The project Mitigation, 23 U.S.C. 103(b)(6)(m), limits include: US 181 at Beach Avenue 133(b)(11); Flood Disaster Protection Act, 42 § 61.57(a). U.S.C. 4001–4128. Description of Relief Sought: JP on the north; Crosstown Expressway at 8. Executive Orders: E.O. 11990 Protection Morgan Chase & Co. (JPMC) seeks relief Morgan Avenue on the south; I–37 and of Wetlands; E.O. 11988 Floodplain to allow pilots employed by JPMC to use Up River Road on the west; and I–37 Management; E.O. 12898, Federal Actions to any one of JPMC’s G550 (GV) or G650ER and Shoreline Boulevard on the east. Address Environmental Justice in Minority (GVI), Gulfstream airplanes or a Level B, The project would replace the existing Populations and Low Income Populations; C, or D simulator that represents one of Harbor Bridge and reconstruct portions E.O. 11593 Protection and Enhancement of the types of Gulfstream airplanes to of U.S. 181, I–37 and the Crosstown Cultural Resources; E.O. 13007 Indian Sacred meet the recent takeoff and landing Expressway. Sites; E.O. 13287 Preserve America; E.O. The actions by the Federal agencies, 13175 Consultation and Coordination with experience requirements of § 61.57. Indian Tribal Governments; E.O. 11514 [FR Doc. 2016–00756 Filed 1–15–16; 8:45 am] and the laws under which such actions Protection and Enhancement of BILLING CODE 4910–13–P were taken, are described in the Final Environmental Quality; E.O. 13112 Invasive Environmental Impact Statement (FEIS) Species. for the project, approved by FHWA on (Catalog of Federal Domestic Assistance DEPARTMENT OF TRANSPORTATION November 25, 2014, in the FHWA Program Number 20.205, Highway Planning Record of Decision (ROD) approved by and Construction. The regulations Federal Highway Administration FHWA on January 8, 2016, and in other implementing Executive Order 12372 documents in the FHWA administrative regarding intergovernmental consultation on Notice of Final Federal Agency Actions record. The FEIS, ROD, and other Federal programs and activities apply to this on United States Highway 181 (U.S. documents in the FHWA administrative program.) 181), Harbor Bridge Project in Texas record file are available by contacting Authority: 23 U.S.C. 139(l)(l). AGENCY: Federal Highway FHWA or the Texas Department of Issued on: January 8, 2016. Administration (FHWA), DOT Transportation at the addresses Achille Alonzi, provided above. The FEIS and ROD can ACTION: Notice of limitation on claims Division Administrator, Austin, Texas. be viewed and downloaded from the for judicial review of actions by FHWA [FR Doc. 2016–00811 Filed 1–15–16; 8:45 am] and other federal agencies following Web sites: ccharborbridgeproject.com or txdot.gov. BILLING CODE 4910–22–P SUMMARY: This notice announces actions This notice applies to all Federal taken by the FHWA and other Federal agency decisions as of the issuance date agencies that are final within the of this notice and all laws under which DEPARTMENT OF TRANSPORTATION meaning of 23 U.S.C. 139(l)(l). The such actions were taken, including but Pipeline and Hazardous Materials actions relate to the U.S. 181 Harbor not limited to: Safety Administration Bridge Project in the City of Corpus 1. General: National Environmental Policy Christi, Nueces County, Texas. Those Act (NEPA) [42 U.S.C. 4321–4351]; Federal- [Docket No. PHMSA–2015–0283] actions grant licenses, permits, and Aid Highway Act [23 U.S.C. 109]. approvals for the project. 2. Air: Clean Air Act, 42 U.S.C. 7401– Pipeline Safety: Potential for Damage to Pipeline Facilities Caused by DATES: 7671(q). By this notice, the FHWA is Flooding, River Scour, and River advising the public of final agency 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Channel Migration actions subject to 23 U.S.C. 139(l)(l). A Landscaping and Scenic Enhancement claim seeking judicial review of the (Wildflowers), 23 U.S.C. 319. AGENCY: Pipeline and Hazardous Federal agency actions on the highway 4. Wildlife: Endangered Species Act [16 Materials Safety Administration project will be barred unless the claim U.S.C. 1531–1544 and Section 1536], Marine (PHMSA); DOT.

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ACTION: Notice; Issuance of Advisory shall initiate a program to recondition or pipelines in the areas of rising waters. Bulletin. phase out the segment involved, or, if Four of the more notable events are the segment cannot be reconditioned or briefly described below: SUMMARY: PHMSA is issuing this phased out, reduce the maximum On August 13, 2011, Enterprise advisory bulletin to remind all owners allowable operating pressure in Products Operating, LLC discovered a and operators of gas and hazardous accordance with § 192.619(a) and (b).’’ release of 28,350 gallons (675 barrels) of liquid pipelines of the potential for Likewise, § 195.401(b)(1) of the natural gasoline in the Missouri River in damage to pipeline facilities caused by Pipeline Safety Regulations states that Iowa. The rupture, according to the severe flooding and actions that ‘‘[w]henever an operator discovers any metallurgical report, was the result of operators should consider taking to condition that could adversely affect the fatigue crack growth driven by ensure the integrity of pipelines in the safe operation of its pipeline system, it vibrations in the pipe from vortex event of flooding, river scour, and river must correct the condition within a shedding. channel migration. reasonable time. However, if the On July 1, 2011, ExxonMobil Pipeline FOR FURTHER INFORMATION CONTACT: condition is of such a nature that it Company experienced a pipeline failure Operators of pipelines subject to presents an immediate hazard to near Laurel, Montana, resulting in the regulation by PHMSA should contact persons or property, the operator may release of 63,000 gallons (1,500 barrels) the appropriate PHMSA Region Office. not operate the affected part of the of crude oil into the Yellowstone River. The PHMSA Region Offices and their system until it has corrected the unsafe According to the results of PHMSA’s contact information are as follows: condition.’’ Section 195.401(b)(2) accident investigation, the rupture was • Central Region: 816–329–3800 further states that ‘‘[w]hen an operator caused by channel migration and river Illinois, Indiana, Iowa, Kansas, discovers a condition on a pipeline bottom scour, leaving a large span of the Michigan, Minnesota, Missouri, covered under [the integrity pipeline exposed to prolonged current Nebraska, North Dakota, South management requirements in] § 195.452, forces and debris washing downstream Dakota, and Wisconsin the operator must correct the condition in the river. Those external forces • Eastern Region: 609–989–2171 as prescribed in § 195.452(h).’’ Severe damaged the exposed pipeline. Connecticut, Delaware, District of flooding, river scour, and river channel On July 15, 2011, NuStar Pipeline Columbia, Maine, Maryland, migration are the types of unusual Operating Partnership, L.P. reported a Massachusetts, New Hampshire, operating conditions that can adversely 4,200 gallon (100 barrels) anhydrous New Jersey, New York, Ohio, affect the safe operation of a pipeline ammonia spill in the Missouri River in Pennsylvania, Rhode Island, and require corrective action under Nebraska requiring extensive Vermont, Virginia, and West §§ 192.613(a) and 195.401(b). environmental response and causing Virginia In addition, Part 194 requires supply disruption. The 6-inch-diameter • Southern Region: 404–832–1147 operators of onshore oil pipelines to pipeline was exposed by scouring Alabama, Florida, Georgia, Kentucky, ‘‘include procedures and a list of during extreme flooding. On January 17, 2015, a breach in the Mississippi, North Carolina, Puerto resources for responding, to the Bridger Pipeline Company’s Poplar Rico, South Carolina, and maximum extent practicable, to a worst system resulted in another spill into the Tennessee case discharge and to a substantial Yellowstone River near the town of • Southwest Region: 713–272–2859 threat of such a discharge’’ under Glendive, Montana, releasing an Arkansas, Louisiana, New Mexico, § 194.107(a). Per § 194.115, the operator estimated 28,434 gallons (677 barrels) of Oklahoma, and Texas must ‘‘identify, and ensure, by contract crude oil into the river and impacting • Western Region: 720–963–3160 or other approved means, the resources local water supplies. Preliminary Alaska, Arizona, California, Colorado, necessary to remove, to the maximum extent practicable, a worst case information indicates over 100 feet of Hawaii, Idaho, Montana, Nevada, discharge and to mitigate or prevent a pipeline was exposed on the river Oregon, Utah, Washington, and substantial threat of a worst case bottom, and a release point was near a Wyoming discharge’’. girth weld. Intrastate pipeline operators should Furthermore, an operator must take As shown in these events, river contact the appropriate state pipeline additional preventative and mitigative bottom scour and channel migration safety authority. A list of state pipeline measures beyond those already required may occur due to seasonal flooding, safety authorities is provided at: in Parts 192, 194, and 195 to prevent a increased stream velocities, and man- www.napsr.org. pipeline failure and to mitigate the made and natural river bank SUPPLEMENTARY INFORMATION: consequences of a pipeline failure per restrictions. River scour and channel §§ 192.935, 194.107(a) and 195.452(i). migration may damage a pipeline as a I. Background An operator must base the additional result of additional stresses imposed on Section 192.613(a) of the Pipeline measures on the threats the operator has the pipe by undermining underlying Safety Regulations (49 CFR parts 190– identified for each pipeline segment. If support soils, exposing the pipeline to 199) states that ‘‘[e]ach operator shall an operator determines outside force lateral water forces and impact from have a procedure for continuing damage (e.g., earth movement, floods) is waterborne debris. Lateral water forces surveillance of its facilities to determine a threat to the pipeline, the operator may cause excessive bending loads that and take appropriate action concerning must take steps to minimize the lead to pipeline failures, and possible changes in class location, failures, probability of damage and the impact forces from debris in the river or leakage history, corrosion, substantial consequences of a release. harmonic vibrations from water rapidly changes in cathodic protection PHMSA has released five Advisory passing over pipelines can also increase requirements, and other unusual Bulletins on this subject, with the the potential for pipeline failures. operating and maintenance conditions.’’ earliest issued July 29, 1993, (ADB–93– Additionally, the safety of valves, Section 192.613(b) further states that 03), and the most recent on July 27, regulators, relief sets, pressure sensors, ‘‘[i]f a segment of pipeline is determined 2011, (ADB–11–04; 76 FR 44985). Each and other facilities normally above to be in unsatisfactory condition but no of these bulletins followed an event that ground or above water can be immediate hazard exists, the operator involved severe flooding that affected jeopardized when covered by water. Not

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only can these facilities become pipelines using horizontal directional 13. Where appropriate, surveys of inoperable when submerged, but they drilling to help place pipelines below underwater pipe should include the use are also at a greater risk of damage by elevations of maximum scour and of visual inspection by divers or outside forces, floating debris, river outside the limits of lateral channel instrumented detection. Pipelines in currents, and craft operating on the migration. recently flooded lands adjacent to rivers water. Boaters involved in rescue 3. Determine the maximum flow or should also be evaluated to determine operations, emergency support flooding conditions at rivers where the remaining depth of cover. You functions, sightseeing, and other pipeline integrity is at risk in the event should share information gathered by activities are generally not aware of the of flooding (e.g., where scour can occur) these surveys with affected landowners. seriousness of an incident that could and have contingency plans to shut Agricultural agencies may help to result from their craft damaging a down and isolate those pipelines when inform farmers of potential hazards from pipeline facility that is unseen beneath those conditions occur. reduced cover over pipelines. the surface of the water. Depending on 4. Evaluate the accessibility of 14. Ensure that line markers are still the size of the craft and the pipeline pipeline facilities and components that in place or are replaced in a timely facility struck, significant pipeline may be in jeopardy, such as valve manner. Notify contractors, highway damage may result. settings, which are needed to isolate departments, and others involved in Although accidents at river crossings water crossings or other sections of post-flood restoration activities of the account for less than one percent of the pipelines. presence of pipelines and the risks total number of pipeline accidents, the 5. Extend regulator vents and relief posed by reduced cover. consequences of a release in water can stacks above the level of anticipated If a pipeline has suffered damage or be much more severe because of the flooding as appropriate. is shut-in as a precautionary measure threats to drinking water supplies and 6. Coordinate with emergency and due to flooding, the operator should the environment. Unlike hazardous spill responders on pipeline locations, advise the appropriate PHMSA regional liquid releases on land where it can be crossing conditions, and the office or state pipeline safety authority easier to respond to and contain spills, commodities transported. Provide maps before returning the line to service, swift-moving river currents will carry and other relevant information to such increasing its operating pressure, or hazardous liquids further downstream, responders so they can develop otherwise changing its operating status. potentially impacting much larger appropriate response strategies. Furthermore, reporting a Safety-Related geographical areas and more 7. Coordinate with other pipeline Condition as prescribed in §§ 191.23 communities. Product releases in rivers operators in flood areas and establish and 195.55 may also be required. can create difficult, costly, and lengthy emergency response centers to act as a spill response and remediation liaison for pipeline problems and Issued in Washington, DC on January 12, solutions. 2016, under authority delegated in 49 CFR scenarios and activities for operators, 1.97. communities, and local, state, and 8. Deploy personnel so that they will Alan K. Mayberry, federal responders. be in position to shut down, isolate, contain, or perform any other Deputy Associate Administrator for Policy II. Advisory Bulletin (ADB–2016–01) emergency action on an affected and Programs. To: Owners and Operators of Gas and pipeline. [FR Doc. 2016–00765 Filed 1–15–16; 8:45 am] Hazardous Liquid Pipeline Systems. 9. Determine if facilities that are BILLING CODE 4910–60–P Subject: Potential for Damage to normally above ground (e.g., valves, Pipeline Facilities Caused by Severe regulators, relief sets, etc.) have become Flooding. submerged and are in danger of being DEPARTMENT OF THE TREASURY Advisory: Severe flooding can struck by vessels or debris and, if adversely affect the safe operation of a possible, mark such facilities with U.S. Office of the Comptroller of the pipeline. Operators need to direct their Coast Guard approval and an Currency resources in a manner that will enable appropriate buoy. them to determine and mitigate the 10. Perform frequent patrols, Privacy Act of 1974, as Amended; potential effects of flooding on their including appropriate overflights, to System of Records pipeline systems in accordance with evaluate right-of-way conditions at applicable regulations. Operators are water crossings during flooding and AGENCY: Office of the Comptroller of the urged to take the following actions to after waters subside. Report any Currency, Treasury. prevent and mitigate damage to pipeline flooding, either localized or systemic, to ACTION: Notice of systems of records. facilities and ensure public and integrity staff to determine if pipeline environmental safety in areas affected crossings may have been damaged or SUMMARY: In accordance with the by flooding: would be in imminent jeopardy from requirements of the Privacy Act of 1974, 1. Utilize experts in river flow, such future flooding. as amended, the Office of the as hydrologists or fluvial 11. Have open communications with Comptroller of the Currency, Treasury, geomorphologists, to evaluate a river’s local and state officials to address their is publishing its inventory of Privacy potential for scour or channel migration concerns regarding observed pipeline Act systems of records. at each pipeline river crossing. exposures, localized flooding, ice dams, SUPPLEMENTARY INFORMATION: Pursuant 2. Evaluate each pipeline crossing a debris dams, and extensive bank erosion to the Privacy Act of 1974, as amended, river to determine the pipeline’s that may affect the integrity of pipeline 5 U.S.C. 552a, and Office of installation method and determine if crossings. Management and Budget (OMB) that method (and the pipeline’s current 12. Following floods, and when safe Circular No. A–130, the Comptroller of condition) is sufficient to withstand the river access is first available, determine the Currency (OCC) has completed a risks posed by anticipated flood if flooding has exposed or undermined review of its Privacy Act systems of conditions, river scour, or river channel pipelines because of new river channel records notices to identify minor migration. In areas prone to these profiles. This is best done by a depth of changes that will more accurately conditions and risks, consider installing cover survey. describe these records.

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Department of the Treasury Treasury/OTS .013, Mass institutions who have had enforcement regulations require the Department to Communication System has been actions taken against them by the OCC, publish the existence and character of retired. The records have been merged the Board of Governors of the Federal all systems of records every three years into Treasury/CC .341, Mass Reserve System, the Federal Deposit as specified in 31 CFR 1.23(a)(1). With Communication System. Insurance Corporation, the Office of respect to its inventory of Privacy Act Treasury/OTS .015, OTS Retiree Thrift Supervision, or the National systems of records, the OCC has Billing System has been retired. Records Credit Union Administration; determined that the information in the system were merged into a new (2) Current and former directors, contained in its systems of records is OCC system, Treasury/CC .701, Retiree officers, employees, shareholders, and accurate, timely, relevant, complete, and Billing System. independent contractors of financial necessary to maintain the proper Other changes throughout the institutions who are the subjects of performance of a documented agency document are editorial in nature and pending enforcement actions initiated function. The OCC’s systems of records consist principally of revising address by the OCC; and notice was last published in its entirety information and minor editorial (3) Individuals who must obtain the on April 3, 2012, at 77 FR 20104–20122. changes. consent of the OCC pursuant to 12 U.S.C. 1829 to become or continue as an This publication covers the Privacy Systems Covered by This Notice Act systems of records that were institution-affiliated party within the formerly Office of Thrift Supervision This notice covers all systems of meaning of 12 U.S.C. 1813(u) of a (OTS) systems, which the OCC adopted records adopted by the OCC up to federally-insured depository institution, on July 26, 2011, at 76 FR 44656. December 1, 2015. The systems notices a direct or indirect owner or controlling Treasury/OTS systems of records were are reprinted in their entirety following person of such an entity, or a direct or transferred to the OCC pursuant to the Table of Contents. indirect participant in the conduct of section 323 of the Dodd-Frank Act, 12 Dated: January 12, 2016. the affairs of such an entity. U.S.C. 5433. The OTS systems of Helen Goff Foster, CATEGORIES OF RECORDS IN THE SYSTEM: records notices were last published in Deputy Assistant Secretary for Privacy, Records maintained in this system their entirety on June 29, 2009, at 74 FR Transparency, and Records. may contain the names of individuals, 31103. their positions or titles with financial This publication gives notice of two Table of Contents institutions, descriptions of offenses and new systems of records. Treasury/CC The Comptroller of the Currency (OCC) alleged misconduct, pending and .341, Mass Communications System, CC .100—Enforcement Action Report System completed enforcement actions, and contains records necessary to CC .110—Reports of Suspicious Activities descriptions of offenses requiring OCC communicate with OCC employees in CC .120—Bank Fraud Information System or Federal Deposit Insurance the event of an emergency. Treasury/CC CC .200—Chain Banking Organizations Corporation approval of waivers under .701, Retiree Billing System, contains System 12 U.S.C. 1829. records necessary to contact and to send CC .210—Bank Securities Dealers System bills to former OCC and OTS employees, CC .220—Notices of Proposed Changes in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: retirees enrolled in OCC and OTS life Employees, Officers and Directors Tracking System 12 U.S.C. 1, 27, 481, 1817(j), 1818, insurance programs, and employees CC .340—Access Control System 1820, and 1831i. receiving annuities from the Pentegra CC .341—Mass Communication System PURPOSE: Deferred Benefit Plan. CC .500—Chief Counsel’s Management This publication gives notice of the Information System This system of records is used by the following actions. CC .510—Litigation Information System OCC to monitor enforcement actions Treasury/OTS .002, Correspondence CC .600—Consumer Complaint and Inquiry and to assist it in its regulatory and Correspondence Tracking system Information System responsibilities, including review of the has been retired. The records have been CC .700—Correspondence Tracking System qualifications and fitness of individuals archived or destroyed in accordance CC .701—Retiree Billing System who are or propose to become CC .800—Office of Inspector General with OCC records management policies. responsible for the business operations Investigations System of OCC-regulated entities. Treasury/OTS .003, Consumer OTS .003—OTS Consumer Complaint Files Complaint Files system will be retired at ROUTINE USES OF RECORDS MAINTAINED IN THE TREASURY/CC .100 the end of July 2016. All records in this SYSTEM, INCLUDING CATEGORIES OF USERS AND system of records will be archived or SYSTEM NAME: THE PURPOSES OF SUCH USES: merged with Treasury/CC .600, Information maintained in this system Consumer Complaint and Inquiry Enforcement Action Report System— Treasury/Comptroller. may be disclosed to: Information, before the end of July 2016. (1) An OCC-regulated entity when the Treasury/OTS .006, Employee Locator SYSTEM LOCATION: information is relevant to the entity’s File system has been retired. The Office of the Comptroller of the operations; records in this system have been merged Currency (OCC), Office of Chief (2) Third parties to the extent into OCC personnel and payroll records, Counsel, Enforcement and Compliance necessary to obtain information that is part of the Treasury-wide system, Division, 400 Seventh Street SW., Suite relevant to an examination or Treasury .001, Treasury Personnel and 3E–218, Washington, DC 20219–0001. investigation; Payroll System dated January 2, 2014 at (3) The news media in accordance 79 FR 184. CATEGORIES OF INDIVIDUALS COVERED BY THE with guidelines contained in 28 CFR Treasury/OTS .012, Payroll/Personnel SYSTEM: 50.2; Systems & Payroll Records, has been Individuals covered by this system (4) Appropriate governmental or self- retired. The records have been merged are: regulatory organizations when the OCC with OCC records within Treasury .001, (1) Current and former directors, determines that the records are relevant Treasury Personnel and Payroll System officers, employees, shareholders, and and necessary to the governmental or dated January 2, 2014 at 79 FR 184. independent contractors of financial self-regulatory organization’s regulation

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or supervision of financial service policies and National Archives and (e)(1), (e)(4)(G), (H), and (I), and (f) of providers, including the review of the Records Administration regulations. the Privacy Act pursuant to 5 U.S.C. qualifications and fitness of individuals 552a(k)(2). See 31 CFR 1.36. who are or propose to become SYSTEM MANAGER AND ADDRESS: responsible for the business operations Director, Enforcement and TREASURY/CC .110 Compliance Division, Office of Chief of such providers; SYSTEM NAME: (5) The Department of Justice, a court, Counsel, Office of the Comptroller of the Reports of Suspicious Activities— an adjudicative body, a party in Currency, 400 Seventh Street SW., Suite Treasury/Comptroller. litigation, or a witness if the OCC 3E–218, Washington, DC 20219–0001. determines that the information is NOTIFICATION PROCEDURE: SYSTEM LOCATION: relevant and necessary to a proceeding An individual wishing to be notified Office of the Comptroller of the in which the OCC, any OCC employee Currency (OCC), Office of Chief in his or her official capacity, any OCC if he or she is named in non-exempt records maintained in this system must Counsel, Enforcement and Compliance employee in his or her individual Division, 400 Seventh Street SW., Suite capacity represented by the Department submit a written request to the Freedom of Information Act Officer, 3E–218, Washington, DC 20219–0001. of Justice or the OCC, or the United Suspicious Activity Reports (SARs) are States is a party or has an interest; Communications Division, Office of the Comptroller of the Currency, 400 managed by the Financial Crimes (6) A congressional office when the Enforcement Network (FinCEN), information is relevant to an inquiry Seventh Street SW., Suite 3E–218, Washington, DC 20219–0001. See 31 Department of the Treasury, 2070 Chain made at the request of the individual Bridge Road, Vienna, Virginia 22182, about whom the record is maintained; CFR part 1, subpart C, Appendix J. Identification Requirements: An and stored at the IRS Computing Center (7) A contractor or agent who needs in Detroit, Michigan. Information to have access to this system of records individual seeking notification through the mail must establish his or her extracted from or relating to SARs or to perform an assigned activity; reports of crimes and suspected crimes (8) Third parties when mandated or identity by providing a signature and an is maintained in an OCC electronic authorized by statute; or address as well as one other identifier (9) Appropriate agencies, entities, and bearing the individual’s name and database. This database, as well as the persons when: (a) The Department signature (such as a photocopy of a database managed by FinCEN, is suspects or has confirmed that the driver’s license or other official accessible to designated OCC security or confidentiality of document). An individual seeking headquarters and district office information in the system of records has notification in person must establish his personnel. been compromised; (b) the Department or her identity by providing proof in the CATEGORIES OF INDIVIDUALS COVERED BY THE has determined that as a result of the form of a single official document SYSTEM: suspected or confirmed compromise bearing a photograph (such as a passport Individuals covered by this system are there is a risk of harm to economic or or identification badge) or two items of individuals who have been designated property interests, identity theft or identification that bear both a name and as suspects or witnesses in SARs or fraud, or harm to the security or signature. reports of crimes and suspected crimes. integrity of this system or other systems Alternatively, identity may be or programs (whether maintained by the established by providing a notarized CATEGORIES OF RECORDS IN THE SYSTEM: Department or another agency or entity) statement, swearing or affirming to an Records maintained in this system that rely upon the compromised individual’s identity, and to the fact that may contain the name of the entity to information; and (c) the disclosure made the individual understands the penalties which a report pertains, the names of to such agencies, entities, and persons is provided in 5 U.S.C. 552a(i)(3) for individual suspects and witnesses, the reasonably necessary to assist in requesting or obtaining information types of suspicious activity involved, connection with the Department’s under false pretenses. and the amounts of known losses. Other efforts to respond to the suspected or Additional documentation records maintained in this system may confirmed compromise and prevent, establishing identity or qualification for contain arrest, indictment and minimize, or remedy such harm. notification may be required, such as in conviction information, and information an instance where a legal guardian or relating to administrative actions taken POLICIES AND PRACTICES FOR STORING, representative seeks notification on or initiated in connection with activities RETRIEVING, ACCESSING, RETAINING, AND behalf of another individual. DISPOSING OF RECORDS IN THE SYSTEM: reported in a SAR or a report of crime and suspected crime. STORAGE: RECORD ACCESS PROCEDURES: Records maintained in this system are See ‘‘Notification Procedure’’ above. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: stored electronically. CONTESTING RECORD PROCEDURES: 12 U.S.C. 1, 27, 481, 1817(j), 1818, 1820, and 1831i; 31 U.S.C. 5318. RETRIEVABILITY: See ‘‘Notification Procedure’’ above.

Records maintained in this system RECORD SOURCE CATEGORIES: PURPOSE: may be retrieved by the name of an This system of records is used by the individual covered by the system. Non-exempt information maintained in this system is obtained from OCC OCC to monitor criminal law SAFEGUARDS: personnel, OCC-regulated entities, other enforcement actions taken with respect Access to electronic records is federal financial regulatory agencies, to known or suspected criminal restricted to authorized personnel who and criminal law enforcement activities affecting OCC-regulated have been issued non-transferrable authorities. entities. System information is used to access codes and passwords. determine whether matters reported in EXEMPTIONS CLAIMED FOR THIS SYSTEM: SARs warrant the OCC’s supervisory RETENTION AND DISPOSAL: Records maintained in this system action. Information in this system also Records are retained in accordance have been designated as exempt from 5 may be used for other supervisory and with the OCC’s records management U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4), licensing purposes, including the

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review of the qualifications and fitness that rely upon the compromised statement, swearing or affirming to an of individuals who are or propose to information; and (c) the disclosure made individual’s identity, and to the fact that become responsible for the business to such agencies, entities, and persons is the individual understands the penalties operations of OCC-regulated entities. reasonably necessary to assist in provided in 5 U.S.C. 552a(i)(3) for connection with the Department’s requesting or obtaining information ROUTINE USES OF RECORDS MAINTAINED IN THE efforts to respond to the suspected or under false pretenses. SYSTEM, INCLUDING CATEGORIES OF USERS AND Additional documentation THE PURPOSES OF SUCH USES: confirmed compromise and prevent, minimize, or remedy such harm. establishing identity or qualification for Information maintained in this system notification may be required, such as in may be disclosed to: POLICIES AND PRACTICES FOR STORING, an instance where a legal guardian or (1) The Department of Justice through RETRIEVING, ACCESSING, RETAINING, AND representative seeks notification on periodic reports containing the DISPOSING OF RECORDS IN THE SYSTEM: behalf of another individual. identities of individuals suspected of STORAGE: having committed violations of criminal Records maintained in this system are RECORD ACCESS PROCEDURES: law; stored electronically. See ‘‘Notification Procedure’’ above. (2) An OCC-regulated entity if the SAR relates to that institution; RETRIEVABILITY: CONTESTING RECORD PROCEDURES: (3) Third parties to the extent Records maintained in this system See ‘‘Notification Procedure’’ above. necessary to obtain information that is may be retrieved by the name of an RECORD SOURCE CATEGORIES: relevant to an examination or individual covered by the system. investigation; Non-exempt information maintained (4) Appropriate governmental or self- SAFEGUARDS: in this system is obtained from OCC regulatory organizations when the OCC Access to electronic records is personnel, OCC-regulated entities, other determines that the records are relevant restricted to authorized personnel who financial regulatory agencies, criminal and necessary to the governmental or have been issued non-transferrable law enforcement authorities, and self-regulatory organization’s regulation access codes and passwords. FinCEN. and supervision of financial service RETENTION AND DISPOSAL: EXEMPTIONS CLAIMED FOR THE SYSTEM: providers, including the review of the Records are retained in accordance Records in this system have been qualifications and fitness of individuals with the OCC’s records management designated as exempt from 5 U.S.C. who are or propose to become policies and National Archives and 552a(c)(3) and (4), (d)(1), (2), (3), and responsible for the business operations Records Administration regulations. (4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and of such providers; (I), (e)(5), and (e)(8), (f), and (g) of the (5) An appropriate governmental, SYSTEM MANAGERS AND ADDRESS: Privacy Act pursuant to 5 U.S.C. international, tribal, self-regulatory, or Deputy Comptroller, Special 552a(j)(2) and (k)(2). See 31 CFR 1.36. professional organization if the Supervision Division, Midsize/ information is relevant to a known or Community Bank Supervision, Office of TREASURY/CC .120 suspected violation of a law or licensing the Comptroller of the Currency, 400 SYSTEM NAME: standard within that organization’s Seventh Street SW., Suite 3E–218, Bank Fraud Information System— jurisdiction; Washington, DC 20219–0001. (6) The Department of Justice, a court, Treasury/Comptroller. an adjudicative body, a party in NOTIFICATION PROCEDURE: SYSTEM LOCATION: litigation, or a witness if the OCC An individual wishing to be notified determines that the information is if he or she is named in non-exempt Office of the Comptroller of the relevant and necessary to a proceeding records maintained in this system must Currency (OCC), Bank Supervision in which the OCC, any OCC employee submit a written request to the Freedom Operations, 400 Seventh Street SW., in his or her official capacity, any OCC of Information Act Officer, Suite 3E–218, Washington, DC 20219– employee in his or her individual Communications Division, Office of the 0001. capacity represented by the Department Comptroller of the Currency, 400 CATEGORIES OF INDIVIDUALS COVERED BY THE of Justice or the OCC, or the United Seventh Street SW., Suite 3E–218, SYSTEM: States is a party or has an interest; Washington, DC 20219–0001. See 31 Individuals covered by this system are (7) A contractor or agent who needs CFR part 1, subpart C, Appendix J. those who submit complaints or to have access to this system of records Identification Requirements: An inquiries about fraudulent or suspicious to perform an assigned activity; individual seeking notification through financial instruments or transactions or (8) Third parties when mandated or the mail must establish his or her who are the subjects of complaints or authorized by statute; or identity by providing a signature and an inquiries. (9) Appropriate agencies, entities, and address as well as one other identifier persons when: (a) The Department bearing the individual’s name and CATEGORIES OF RECORDS IN THE SYSTEM: suspects or has confirmed that the signature (such as a photocopy of a Records maintained in this system security or confidentiality of driver’s license or other official may contain: The name, address, or information in the system of records has document). An individual seeking telephone number of the individual who been compromised; (b) the Department notification in person must establish his submitted a complaint or inquiry; the has determined that as a result of the or her identity by providing proof in the name, address, or telephone number of suspected or confirmed compromise form of a single official document the individual or entity who is the there is a risk of harm to economic or bearing a photograph (such as a passport subject of a complaint or inquiry; the property interests, identity theft or or identification badge) or two items of types of activity involved; the date of a fraud, or harm to the security or identification that bear both a name and complaint or inquiry; and numeric integrity of this system or other systems signature. codes identifying a complaint or or programs (whether maintained by the Alternatively, identity may be inquiry’s nature or source. Supporting Department or another agency or entity) established by providing a notarized records may contain correspondence

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between the OCC and the individual or (7) A contractor or agent who needs Comptroller of the Currency, 400 entity submitting a complaint or to have access to this system of records Seventh Street SW., Suite 3E–218, inquiry, correspondence between the to perform an assigned activity; Washington, DC 20219–0001. See 31 OCC and an OCC-regulated entity, or (8) Third parties when mandated or CFR part 1, subpart C, Appendix J. correspondence between the OCC and authorized by statute; or Identification Requirements: An other law enforcement or regulatory (9) Appropriate agencies, entities, and individual seeking notification through bodies. Other records maintained in this persons when: (a) The Department the mail must establish his or her system may contain arrest, indictment suspects or has confirmed that the identity by providing a signature and an and conviction information, and security or confidentiality of address as well as one other identifier information relating to administrative information in the system of records has bearing the individual’s name and actions taken or initiated in connection been compromised; (b) the Department signature (such as a photocopy of a with complaints or inquiries. has determined that as a result of the driver’s license or other official suspected or confirmed compromise document). An individual seeking AUTHORITY FOR MAINTENANCE OF THE SYSTEM: there is a risk of harm to economic or notification in person must establish his 12 U.S.C. 1, 27, 481, 1817(j), 1818, property interests, identity theft or or her identity by providing proof in the 1820, and 1831i; 31 U.S.C. 5318. fraud, or harm to the security or form of a single official document PURPOSE: integrity of this system or other systems bearing a photograph (such as a passport This system of records tracks or programs (whether maintained by the or identification badge) or two items of complaints or inquiries concerning Department or another agency or entity) identification that bear both a name and fraudulent or suspicious financial that rely upon the compromised signature. instruments and transactions. These information; and (c) the disclosure made Alternatively, identity may be records assist the OCC in its efforts to to such agencies, entities, and persons is established by providing a notarized protect banks and their customers from reasonably necessary to assist in statement, swearing or affirming to an fraudulent or suspicious banking connection with the Department’s individual’s identity, and to the fact that activities. efforts to respond to the suspected or the individual understands the penalties confirmed compromise and prevent, provided in 5 U.S.C. 552a(i)(3) for ROUTINE USES OF RECORDS MAINTAINED IN THE minimize, or remedy such harm. requesting or obtaining information SYSTEM, INCLUDING CATEGORIES OF USERS AND under false pretenses. POLICIES AND PRACTICES FOR STORING, THE PURPOSES OF SUCH USES: Additional documentation Information maintained in this system RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: establishing identity or qualification for may be disclosed to: notification may be required, such as in (1) An OCC-regulated entity to the STORAGE: an instance where a legal guardian or extent that such entity is the subject of Records maintained in this system are representative seeks notification on a complaint, inquiry, or fraudulent stored electronically, in card files, and behalf of another individual. activity; in file folders. (2) Third parties to the extent RECORD ACCESS PROCEDURES: RETRIEVABILITY: necessary to obtain information that is See ‘‘Notification Procedure’’ above. relevant to the resolution of a complaint Records maintained in this system or inquiry, an examination, or an may be retrieved by the name of an CONTESTING RECORD PROCEDURES: investigation; individual covered by the system. See ‘‘Notification Procedure’’ above. (3) Appropriate governmental or self- SAFEGUARDS: regulatory organizations when the OCC RECORD SOURCE CATEGORIES: determines that the records are relevant Access to electronic records is Non-exempt information maintained and necessary to the governmental or restricted to authorized personnel who in this system is obtained from self-regulatory organization’s regulation have been issued non-transferrable individuals and entities who submit or supervision of financial service access codes and passwords. Other complaints or inquiries, OCC personnel, providers; records are maintained in locked file OCC-regulated entities, criminal law (4) An appropriate governmental, cabinets or rooms. enforcement authorities, and international, tribal, self-regulatory, or RETENTION AND DISPOSAL: governmental or self-regulatory bodies. professional organization if the Records are retained in accordance EXEMPTIONS CLAIMED FOR THE SYSTEM: information is relevant to a known or with the OCC’s records management suspected violation of a law or licensing Records maintained in this system policies and National Archives and have been designated as exempt from 5 standard within that organization’s Records Administration regulations. jurisdiction; U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3), (5) The Department of Justice, a court, SYSTEM MANAGER AND ADDRESS: and (4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), (f), and (g) of the an adjudicative body, a party in Deputy Comptroller, Special Privacy Act pursuant to 5 U.S.C. litigation, or a witness if the OCC Supervision, Bank Supervision 552a(j)(2) and (k)(2). See 31 CFR 1.36. determines that the information is Operations, Office of the Comptroller of relevant and necessary to a proceeding the Currency, 400 Seventh Street SW., TREASURY/CC .200 in which the OCC, any OCC employee Suite 3E–218, Washington, DC 20219– in his or her official capacity, any OCC 0001. SYSTEM NAME: employee in his or her individual Chain Banking Organizations capacity represented by the Department NOTIFICATION PROCEDURE: System—Treasury/Comptroller. of Justice or the OCC, or the United An individual wishing to be notified States is a party or has an interest; if he or she is named in non-exempt SYSTEM LOCATION: (6) A congressional office when the records maintained in this system must Office of the Comptroller of the information is relevant to an inquiry submit a written request to the Freedom Currency (OCC), Operations Risk Policy, made at the request of the individual of Information Act Officer, 400 Seventh Street SW., Suite 3E–218, about whom the record is maintained; Communications Division, Office of the Washington, DC 20219–0001, and the

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OCC’s district offices as follows: Central associations, and District of Columbia confirmed compromise and prevent, District Office, One Financial Place, savings associations operating under the minimize, or remedy such harm. Suite 2700, 440 South LaSalle Street, OCC’s regulatory authority, including POLICIES AND PRACTICES FOR STORING, Chicago, IL 60605–1073; Northeastern the coordination of examinations, RETRIEVING, ACCESSING, RETAINING, AND District Office, 340 Madison Avenue, supervisory evaluations and analyses, DISPOSING OF RECORDS IN THE SYSTEM: Fifth Floor, New York, NY 10017–2613; and administrative enforcement actions Southern District Office, 500 North with other financial regulatory agencies. STORAGE: Akard Street, Suite 1600, Dallas, TX Records maintained in this system are ROUTINE USES OF RECORDS MAINTAINED IN THE 75201–3394; and Western District stored electronically. SYSTEM, INCLUDING CATEGORIES OF USERS AND Office, 1225 17th Street, Suite 300, THE PURPOSES OF SUCH USES: RETRIEVABILITY: Denver, CO 80202–5534. Information maintained in this system Records maintained in this system CATEGORIES OF INDIVIDUALS COVERED BY THE may be disclosed to: may be retrieved by the name of an SYSTEM: (1) An OCC-regulated entity when individual covered by the system. Individuals covered by this system are information is relevant to the entity’s individuals who directly, indirectly, or operation; SAFEGUARDS: acting through or in concert with one or (2) Appropriate governmental or self- Access to electronic records is more other individuals, own or control regulatory organizations when the OCC restricted to authorized personnel who a chain banking organization. A chain determines that the records are relevant have been issued non-transferrable banking organization exists when two or and necessary to the governmental or access codes and passwords. more independently chartered financial self-regulatory organization’s regulation RETENTION AND DISPOSAL: or supervision of financial service institutions, including at least one OCC- Records are retained in accordance providers; regulated entity, are controlled either with the OCC’s records management (3) An appropriate governmental, directly or indirectly by the same policies and National Archives and tribal, self-regulatory, or professional individual, family, or group of Records Administration regulations. individuals closely associated in their organization if the information is business dealings. Control generally relevant to a known or suspected SYSTEM MANAGER AND ADDRESS: exists when the common ownership has violation of a law or licensing standard Director, Operational Risk Policy, the ability or power, directly or within the organization’s jurisdiction; Office of the Comptroller of the indirectly, to: (4) The Department of Justice, a court, Currency, 400 Seventh Street SW., Suite (1) Control the vote of 25 percent or an adjudicative body, a party in 3E–218, Washington, DC 20219–0001. more of any class of an organization’s litigation, or a witness if the OCC voting securities; determines that the information is NOTIFICATION PROCEDURE: (2) Control in any manner the election relevant and necessary to a proceeding An individual wishing to be notified of a majority of the directors of an in which the OCC, any OCC employee if he or she is named in non-exempt organization; or in his or her official capacity, any OCC records maintained in this system must (3) Exercise a controlling influence employee in his or her individual submit a written request to the Freedom over the management or policies of an capacity represented by the Department of Information Act Officer, organization. A registered multibank of Justice or the OCC, or the United Communications Division, Office of the holding company and its subsidiary States is a party or has an interest; Comptroller of the Currency, 400 banks are not ordinarily considered a (5) A Congressional office when the Seventh Street SW., Suite 3E–218, chain banking group unless the holding information is relevant to an inquiry Washington, DC 20219–0001. See 31 company is linked to other banking made at the request of the individual CFR part 1, subpart C, Appendix J. organizations through common control. about whom the record is maintained; Identification Requirements: An (6) A contractor or agent who needs individual seeking notification through CATEGORIES OF RECORDS IN THE SYSTEM: to have access to this system of records the mail must establish his or her Records maintained in this system to perform an assigned activity; identity by providing a signature and an contain the names of individuals who, (7) Third parties when mandated or address as well as one other identifier either alone or in concert with others, authorized by statute; or bearing the individual’s name and own or control a chain banking (8) Appropriate agencies, entities, and signature (such as a photocopy of a organization. Other information may persons when: (a) The Department driver’s license or other official include: The name, location, charter suspects or has confirmed that the document). An individual seeking number, charter type, and date of last security or confidentiality of notification in person must establish his examination of each organization information in the system of records has or her identity by providing proof in the comprising a chain; the percentage of been compromised; (b) the Department form of a single official document outstanding stock owned or controlled has determined that as a result of the bearing a photograph (such as a passport by controlling individuals or groups; suspected or confirmed compromise or identification badge) or two items of and the name of any intermediate there is a risk of harm to economic or identification that bear both a name and holding entity and the percentage of property interests, identity theft or signature. such entity owned or controlled by the fraud, or harm to the security or Alternatively, identity may be individual or group. integrity of this system or other systems established by providing a notarized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or programs (whether maintained by the statement, swearing or affirming to an 12 U.S.C. 1, 481, 1817(j), and 1820. Department or another agency or entity) individual’s identity, and to the fact that that rely upon the compromised the individual understands the penalties PURPOSE: information; and (c) the disclosure made provided in 5 U.S.C. 552a(i)(3) for Information maintained in this system to such agencies, entities, and persons is requesting or obtaining information is used by the OCC to carry out its reasonably necessary to assist in under false pretenses. supervisory responsibilities with respect connection with the Department’s Additional documentation to national banks, federal savings efforts to respond to the suspected or establishing identity or qualification for

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notification may be required, such as in relating to the professional has determined that as a result of the an instance where a legal guardian or qualifications and fitness of individuals suspected or confirmed compromise representative seeks notification on who engage or propose to engage in there is a risk of harm to economic or behalf of another individual. securities activities on behalf of national property interests, identity theft or banks, federal savings associations, and fraud, or harm to the security or RECORD ACCESS PROCEDURES: District of Columbia savings integrity of this system or other systems See ‘‘Notification Procedure’’ above. associations operating under the OCC’s or programs (whether maintained by the CONTESTING RECORD PROCEDURES: regulatory authority. Department or another agency or entity) that rely upon the compromised See ‘‘Notification Procedure’’ above. ROUTINE USES OF RECORDS MAINTAINED IN THE information; and (c) the disclosure made SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD SOURCE CATEGORIES: THE PURPOSES OF SUCH SYSTEMS: to such agencies, entities, and persons is reasonably necessary to assist in Information maintained in this system Information maintained in this system connection with the Department’s is obtained from OCC personnel, other may be disclosed to: efforts to respond to the suspected or federal financial regulatory agencies, (1) An OCC-regulated entity in confirmed compromise and prevent, and individuals who file notices of their connection with its filing relating to the minimize, or remedy such harm. intention to acquire control over an qualifications and fitness of an OCC-regulated financial institution. individual serving or proposing to serve POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND EXEMPTIONS CLAIMED FOR THE SYSTEM: the entity in a securities-related capacity; DISPOSING OF RECORDS IN THE SYSTEM: None. (2) Third parties to the extent needed STORAGE: TREASURY/CC .210 to obtain additional information Records maintained in this system are concerning the professional stored electronically and in file folders. SYSTEM NAME: qualifications and fitness of an Bank Securities Dealers System— individual covered by the system; RETRIEVABILITY: Treasury/Comptroller. (3) Third parties inquiring about the Records maintained in this system subject of an OCC enforcement action; may be retrieved by the name of an SYSTEM LOCATION: (4) Appropriate governmental or self- individual covered by the system. Office of the Comptroller of the regulatory organizations when the OCC Currency (OCC), Credit and Market determines that the records are relevant SAFEGUARDS: Risk, 400 Seventh Street SW., Suite 3E– and necessary to the governmental or Access to the electronic database is 218, Washington, DC 20219–0001. self-regulatory organization’s regulation restricted to authorized personnel who or supervision of financial service have been issued non-transferrable CATEGORIES OF INDIVIDUALS COVERED BY THE access codes and passwords. Other SYSTEM: providers, including the review of the qualifications and fitness of individuals records are maintained in locked file Individuals covered by this system are who are or propose to become involved cabinets or rooms. individuals who are or seek to be in the provider’s securities business; associated with a municipal securities RETENTION AND DISPOSAL: (5) An appropriate governmental, dealer or a government securities Records are retained in accordance tribal, self-regulatory, or professional broker/dealer that is a national bank, with the OCC’s records management organization if the information is federal savings association, a District of policies and National Archives and relevant to a known or suspected Columbia savings association operating Records Administration regulations. violation of a law or licensing standard under the OCC’s regulatory authority, or within that organization’s jurisdiction; SYSTEM MANAGER AND ADDRESS: a department or division of any such (6) The Department of Justice, a court, bank or savings association in the Deputy Comptroller, Credit and an adjudicative body, a party in capacity of a municipal securities Market Risk, Office of the Comptroller litigation, or a witness if the OCC principal, municipal securities of the Currency, 400 Seventh Street determines that the information is representative, or government securities SW., Suite 3E–218, Washington, DC relevant and necessary to a proceeding associated person. 20219–0001. in which the OCC, any OCC employee NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: in his or her official capacity, any OCC Records maintained in this system employee in his or her individual An individual wishing to be notified may contain an individual’s name, capacity represented by the Department if he or she is named in non-exempt address history, date and place of birth, of Justice or the OCC, or the United records maintained in this system must social security number, educational and States is a party or has an interest; submit a written request to Freedom of occupational history, certain (7) A Congressional office when the Information Act Officer, professional qualifications and testing information is relevant to an inquiry Communications Division, Office of the information, disciplinary history, or made at the request of the individual Comptroller of the Currency, 400 information about employment about whom the record is maintained; Seventh Street SW., Suite 3E–218, termination. (8) A contractor or agent who needs Washington, DC 20219–0001. See 31 to have access to this system of records CFR part 1, subpart C, Appendix J. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to perform an assigned activity; Identification Requirements: An 12 U.S.C. 1, 481, 1464, 1818, and (9) Third parties when mandated or individual seeking notification through 1820; 15 U.S.C. 78o–4, 78o–5, 78q, and authorized by statute; or the mail must establish his or her 78w. (10) Appropriate agencies, entities, identity by providing a signature and an and persons when: (a) The Department address as well as one other identifier PURPOSE: suspects or has confirmed that the bearing the individual’s name and This system of records will be used by security or confidentiality of signature (such as a photocopy of a the OCC to carry out its responsibilities information in the system of records has driver’s license or other official under the federal securities laws been compromised; (b) the Department document). An individual seeking

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notification in person must establish his desist orders, consent orders, or formal statutory and other regulatory or her identity by providing proof in the written agreements, unless otherwise responsibilities, including other reviews form of a single official document informed in writing by the OCC; (c) of the qualifications and fitness of bearing a photograph (such as a passport have been determined, in writing, by the individuals who propose to become or identification badge) or two items of OCC to be in ‘‘troubled condition’’; (d) responsible for the business operations identification that bear both a name and are not in compliance with minimum of OCC-regulated entities. signature. capital requirements prescribed under Alternatively, identity may be 12 CFR part 3; or (e) have been advised ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND established by providing a notarized by the OCC, in connection with its THE PURPOSES OF SUCH USES: statement, swearing or affirming to an review of an entity’s capital restoration individual’s identity, and to the fact that plan, that such filings are appropriate. Information maintained in this system the individual understands the penalties (2) Under 12 CFR 5.20(g)(2) as may be disclosed to: (1) A Section 5.51 entity, a Section provided in 5 U.S.C. 552a(i)(3) for proposed officers or directors of 5.20(g)(2) entity, a part 163, subpart H requesting or obtaining information national banks (Section 5.20(g)(2) entity, or a Section 1818(b) entity in under false pretenses. entities) for a two-year period from the Additional documentation date they commence business. connection with review and action on a establishing identity or qualification for (3) Under 12 CFR 163, subpart H notice filed by that entity; notification may be required, such as in (previously 12 CFR 563, subpart H) as (2) Third parties to the extent an instance where a legal guardian or proposed directors or senior executive necessary to obtain information that is representative seeks notification on officers of federal savings associations pertinent to the OCC’s review and behalf of another individual. (part 163, subpart H entities) when the action on a notice received under any entities: (a) Are not in compliance with authority cited herein; RECORD ACCESS PROCEDURES: minimum capital requirements (3) Appropriate governmental or self- See ‘‘Notification Procedure’’ above. prescribed under 12 CFR 167 regulatory organizations when the OCC (previously 12 CFR 567); (b) have a determines that the records are relevant CONTESTING RECORD PROCEDURES: composite rating of 4 or 5 under the and necessary to the governmental or See ‘‘Notification Procedure’’ above. Uniform Financial Institutions Rating self-regulatory organization’s regulation RECORD SOURCE CATEGORIES: system; (c) are subject to capital or supervision of financial service directives, cease and desist orders, providers, including the review of the Information maintained in this system qualifications and fitness of individuals is obtained from OCC-regulated entities consent orders, formal written agreements, or prompt corrective action who are or propose to become that are: Municipal securities dealers responsible for the business operations and/or government securities brokers/ directives relating to the safety and soundness or financial viability of the of such providers; dealers; individuals who are or propose (4) An appropriate governmental, to become municipal securities federal savings association, unless otherwise informed in writing by the tribal, self-regulatory, or professional principals, municipal securities organization if the information is representatives, or government OCC; (d) have been determined in writing by the OCC to be in ‘‘troubled relevant to a known or suspected securities associated persons; or condition’’; or (e) have been advised by violation of a law or licensing standard governmental and self-regulatory the OCC, in connection with its review within that organization’s jurisdiction; organizations that regulate the securities of an entity’s capital restoration plan (5) The Department of Justice, a court, industry. required by 12 U.S.C. 1831o, that such an adjudicative body, a party in EXEMPTIONS CLAIMED FOR THE SYSTEM: notice is required. litigation, or a witness if the OCC None. (4) Pursuant to 12 U.S.C. 1818(b) as determines that the information is proposed employees of national banks, relevant and necessary to a proceeding TREASURY/CC .220 Federal savings associations or any in which the OCC, any OCC employee other entity subject to the OCC’s in his or her official capacity, any OCC SYSTEM NAME: jurisdiction (1818(b) entities), other than employee in his or her individual Notices of Proposed Changes in employees covered by 12 CFR 5.51 or 12 capacity represented by the Department Employees, Officers and Directors CFR 163, subpart H, when required to of Justice or the OCC, or the United Tracking System—Treasury/ do so pursuant to 12 U.S.C. 1818(b). States is a party or has an interest; Comptroller. (6) A congressional office when the CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: information is relevant to an inquiry Records maintained in this Privacy made at the request of the individual Office of the Comptroller of the Act system may contain: the names, Currency (OCC), Special Supervision, about whom the record is maintained; charter numbers, and locations of the (7) A contractor or agent who needs 400 Seventh Street SW., Suite 3E–218, OCC-regulated entities that have Washington, DC 20219–0001. to have access to this system of records submitted notices; the names, addresses, to perform an assigned activity; CATEGORIES OF INDIVIDUALS COVERED BY THE dates of birth, and social security (8) Third parties when mandated or SYSTEM: numbers of individuals proposed as authorized by statute; or Individuals covered by this system are either directors or senior executive (9) Appropriate agencies, entities, and those who are named in notices filed: officers; and the actions taken by the persons when: (a) The Department (1) Under 12 CFR 5.51 as proposed OCC in connection with these notices. suspects or has confirmed that the directors or senior executive officers of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: security or confidentiality of a national bank, or federal branches of 12 U.S.C. 1, 27, 93a, 481, 1464, information in the system of records has foreign banks (Section 5.51-regulated 1817(j), 1818, 1820, and 1831i. been compromised; (b) the Department entities) when the entities: (a) Have a has determined that as a result of the composite rating of 4 or 5 under the PURPOSE: suspected or confirmed compromise Uniform Financial Institutions Rating Information maintained in this system there is a risk of harm to economic or System; (b) are subject to cease and is used by the OCC to carry out its property interests, identity theft or

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fraud; or harm to the security or or her identity by providing proof in the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: integrity of this system or other systems form of a single official document 12 U.S.C. 1, 481, and 482; 5 U.S.C. or programs (whether maintained by the bearing a photograph (such as a passport 301. Department or another agency or entity) or identification badge) or two items of that rely upon the compromised identification that bear both a name and PURPOSE: information; and (c) the disclosure made signature. The OCC has an access control to such agencies, entities, and persons is Alternatively, identity may be system, linked to employee and reasonably necessary to assist in established by providing a notarized contractor identification cards, which connection with the Department’s statement, swearing or affirming to an limits access to its premises to efforts to respond to the suspected or individual’s identity, and to the fact that authorized individuals and records the confirmed compromise and prevent, the individual understands the penalties time that individuals enter OCC minimize, or remedy such harm. provided in 5 U.S.C. 552a(i)(3) for premises. This system of records is used requesting or obtaining information to assist the OCC in maintaining the POLICIES AND PRACTICES FOR STORING, under false pretenses. security of its premises and to permit RETRIEVING, ACCESSING, RETAINING, AND the OCC to identify individuals on its DISPOSING OF RECORDS IN THE SYSTEM: Additional documentation establishing identity or qualification for premises at particular times. STORAGE: notification may be required, such as in ROUTINE USES OF RECORDS MAINTAINED IN THE Records maintained in this system are an instance where a legal guardian or SYSTEM, INCLUDING CATEGORIES OF USERS AND stored both electronically and in paper representative seeks notification on THE PURPOSES OF SUCH USES: files. behalf of another individual. Information maintained in this system RETRIEVABILITY: RECORD ACCESS PROCEDURES: may be disclosed to: (1) Third parties to the extent Records maintained in this system See ‘‘Notification Procedure’’ above. may be retrieved by the name of an necessary to obtain information that is individual covered by the system. CONTESTING RECORD PROCEDURES: relevant to an investigation concerning See ‘‘Notification Procedure’’ above. access to or the security of the OCC’s SAFEGUARDS: premises; Access to electronic records is RECORD SOURCE CATEGORIES: (2) An appropriate governmental restricted to authorized personnel who Information maintained in this system authority if the information is relevant have been issued non-transferrable is obtained from OCC-regulated entities, to a known or suspected violation of a access codes and passwords. Paper files individuals named in notices filed law within that organization’s are stored in locked cabinets in access pursuant to 5 CFR 5.51, Federal or State jurisdiction; controlled facilities with access limited financial regulatory agencies, criminal (3) The Department of Justice, a court, to authorized personnel. law enforcement authorities, credit an adjudicative body, a party in litigation, or a witness if the OCC RETENTION AND DISPOSAL: bureaus, and OCC personnel. determines that the information is Records are retained in accordance EXEMPTIONS CLAIMED FOR THE SYSTEM: relevant and necessary to a proceeding with the OCC’s records management Records maintained in this system in which the OCC, any OCC employee policies and National Archives and have been designated as exempt from 5 in his or her official capacity, any OCC Records Administration regulations. U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4), employee in his or her individual SYSTEM MANAGER AND ADDRESS: (e)(1), (e)(4)(G), (H), and (I), and (f) of capacity represented by the Department Deputy Comptroller, Special the Privacy Act pursuant to 5 U.S.C. of Justice or the OCC, or the United Supervision, Bank Supervision 552a(j)(2) and (k)(2). See 31 CFR 1.36. States is a party or has an interest; (4) A congressional office when the Operations, Office of the Comptroller of TREASURY/CC .340 the Currency, 400 Seventh Street SW., information is relevant to an inquiry Suite 3E–218, Washington, DC 20219– SYSTEM NAME: made at the request of the individual 0001. about whom the record is maintained; Access Control System—Treasury/ (5) A contractor or agent who needs NOTIFICATION PROCEDURE: Comptroller. to have access to this system of records An individual wishing to be notified SYSTEM LOCATION: to perform an assigned activity; if he or she is named in non-exempt Office of the Comptroller of the (6) Third parties when mandated or records maintained in this system must Currency (OCC), Security Office, Office authorized by statute, or (7) Appropriate agencies, entities, and submit a written request to the Freedom of Management, 400 Seventh Street SW., persons when: (a) The Department of Information Act Officer, Suite 3E–218, Washington, DC 20219. Communications Division, Office of the suspects or has confirmed that the Comptroller of the Currency, 400 CATEGORIES OF INDIVIDUALS COVERED BY THE security or confidentiality of Seventh Street SW., Suite 3E–218, SYSTEM: information in the system of records has Washington, DC 20219–0001. See 31 Individuals covered by this system are been compromised; (b) the Department CFR part 1, subpart C, Appendix J. OCC employees, contractors, agents, and has determined that as a result of the Identification Requirements: An volunteers who have been issued an suspected or confirmed compromise individual seeking notification through OCC identification card. there is a risk of harm to economic or the mail must establish his or her property interests, identity theft or identity by providing a signature and an CATEGORIES OF RECORDS IN THE SYSTEM: fraud, or harm to the security or address as well as one other identifier Records maintained in this system integrity of this system or other systems bearing the individual’s name and may contain an individual’s name, or programs (whether maintained by the signature (such as a photocopy of a location information, and picture. The Department or another agency or entity) driver’s license or other official system of records also may contain time that rely upon the compromised document). An individual seeking records of entrances and attempted information; and (c) the disclosure made notification in person must establish his entrances into OCC premises. to such agencies, entities, and persons is

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reasonably necessary to assist in Additional documentation workforce and receive confirmation connection with the Department’s establishing identity or qualification for back from staff in order to help senior efforts to respond to the suspected or notification may be required, such as in management assess the availability of confirmed compromise and prevent, an instance where a legal guardian or staff during times of emergency. minimize, or remedy such harm. representative seeks notification on Employees and contractors have the behalf of another individual. right to decline to provide personal POLICIES AND PRACTICES FOR STORING, information, however, their official RETRIEVING, ACCESSING, RETAINING, AND RECORD ACCESS PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: business contact information is entered See ‘‘Notification Procedure’’ above. into the system through an automated STORAGE: CONTESTING RECORD PROCEDURES: upload. Records maintained in this system are stored electronically. See ‘‘Notification Procedure’’ above. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD SOURCE CATEGORIES: RETRIEVABILITY: THE PURPOSE OF SUCH USES: Information maintained in this system Records maintained in this system Information in these records may be is obtained from individuals and the may be retrieved by the name of an used to: individual covered by the system. OCC’s official personnel records. Information concerning entry and exit of (1) Make disclosures to a SAFEGUARDS: OCC premises is obtained from congressional office from the records of Access to electronic records is identification card scanners. an individual in response to an inquiry restricted to authorized personnel who made at the request of the individual to have been system accounts. EXEMPTIONS CLAIMED FOR THE SYSTEM: whom the record pertains; None. (2) Representatives of the National RETENTION AND DISPOSAL: Archives and Records Administration Records are retained in accordance TREASURY/CC .341 who are conducting records with the OCC’s records management SYSTEM NAME: management inspections under policies and National Archives and authority of 44 U.S.C. 2904 and 2906. Mass Communication System— Records Administration regulations. Treasury/Comptroller. (3) A contractor for the purpose of fulfilling a contract, compiling, SYSTEM MANAGER AND ADDRESS: SYSTEM LOCATION: organizing, analyzing, programming, or Director, Office of Security (OS), otherwise refining records to Office of the Comptroller of the The system is hosted at a contractor site in Burbank, California. The address accomplish an agency function subject Currency, 400 Seventh Street SW., Suite to the same limitations applicable to 3E–218, Washington, DC 20219. of the contractor may be obtained by writing to the system manager below. Department of the Treasury officers and NOTIFICATION PROCEDURE: employees under the Privacy Act. CATEGORIES OF INDIVIDUALS COVERED BY THE (4) Disclose information to the An individual wishing to be notified SYSTEM: if he or she is named in non-exempt appropriate agencies, entities, and records maintained in this system must All employees and contractors of the persons when: (a) The Department submit a written request to the Freedom OCC. suspects or has confirmed that the of Information Act Officer, CATEGORIES OF RECORDS IN THE SYSTEM: security or confidentiality of information in the system of records has Communications Division, Office of the Employees’ and contractors’ names, Comptroller of the Currency, 400 been compromised; (b) the Department home telephone numbers, personal has determined that as a result of the Seventh Street SW., Suite 3E–218, mobile telephone numbers, personal Washington, DC 20219. See 31 CFR part suspected or confirmed compromise email addresses, official business there is a risk of harm to economic or 1, subpart C, Appendix J. telephone numbers, official business Identification Requirements: An property interests, identity theft or email addresses, official business fraud, or harm to the security or individual seeking notification through mobile telephone numbers. the mail must establish his or her integrity of this system or other systems identity by providing a signature and an AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or programs (whether maintained by the address as well as one other identifier Executive Order 12148, Federal Department or another agency or entity) bearing the individual’s name and Emergency Management. that rely upon the compromised signature (such as a photocopy of a information; and (c) the disclosure made driver’s license or other official PURPOSE: to such agencies, entities, and persons is document). An individual seeking The OCC Office of Security will use reasonably necessary to assist in notification in person must establish his the Mass Communication System to connection with the Department’s or her identity by providing proof in the communicate with OCC personnel efforts to respond to the suspected or form of a single official document during and after local, regional, or confirmed compromise and prevent, bearing a photograph (such as a passport national emergency events, minimize, or remedy such harm. or identification badge) or two items of communicate with staff during and after POLICIES AND PRACTICES FOR STORING, security incidents, disseminate time identification that bear both a name and RETRIEVING, ACCESSING, RETAINING, AND signature. sensitive information to staff, provide DISPOSING OF RECORDS IN THE SYSTEM: Alternatively, identity may be Human Resources and OCC leadership established by providing a notarized with employee accountability status STORAGE: statement, swearing or affirming to an during emergency events, and conduct Records are maintained in electronic individual’s identity, and to the fact that communication tests. The system is a format at the service provider’s site. the individual understands the penalties managed service that is hosted at a provided in 5 U.S.C. 552a(i)(3) for contractor site. The system will allow RETRIEVABILITY: requesting or obtaining information Security staff and other authorized Records are retrieved by OCC office under false pretenses. individuals to send messages to the OCC and individual name.

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SAFEGUARDS: RECORD SOURCE CATEGORIES: ROUTINE USES OF RECORDS MAINTAINED IN THE Safeguards in place to prevent misuse Non-exempt information maintained SYSTEM, INCLUDING CATEGORIES OF USERS AND of data include: role-based user access, in this system is obtained from OCC THE PURPOSES OF SUCH USES: the use of user ID and authorization personnel, OCC-regulated entities, other Information maintained in this system code to access the Web site, monitoring federal financial regulatory agencies, may be disclosed to: of application access and database and criminal law enforcement (1) An OCC-regulated entity involved access, encryption of passwords stored authorities. in an assigned matter; in the database, and physical access (2) Third parties to the extent controls to the building housing the EXEMPTIONS CLAIMED FOR THE SYSTEM: necessary to obtain information that is system. None. relevant to the resolution of an assigned matter; RETENTION AND DISPOSAL: TREASURY/CC .500 (3) The news media in accordance Records are retained and disposed of with guidelines contained in 28 CFR SYSTEM NAME: in accordance with National Archives 50.2; and Records Administration General Chief Counsel’s Management (4) Appropriate governmental or self- Records Schedules. Information System—Treasury/ regulatory organizations when the OCC Comptroller. determines that the records are relevant SYSTEM MANAGER AND ADDRESS: SYSTEM LOCATION: and necessary to the governmental or Director, Office of Security, Office of self-regulatory organization’s regulation Office of the Comptroller of the the Comptroller of the Currency, 400 or supervision of financial service Currency (OCC), Office of Chief Seventh Street SW., Suite 3E–218, providers; Washington, DC 20219–0001. Counsel, 400 Seventh Street SW., Suite (5) An appropriate governmental, 3E–218, Washington, DC 20219–0001. NOTIFICATION PROCEDURE: tribal, self-regulatory, or professional organization if the information is An individual wishing to be notified CATEGORIES OF INDIVIDUALS COVERED BY THE relevant to a known or suspected if he or she is named in non-exempt SYSTEM: violation of a law or licensing standard records maintained in this system must Individuals covered by the system are: Individuals who have requested within that organization’s jurisdiction; submit a written request to the Freedom (6) The Department of Justice, a court, of Information Act Officer, information or action from the OCC; parties or witnesses in civil proceedings an adjudicative body, a party in Communications Division, Office of the litigation, or a witness if the OCC Comptroller of the Currency, 400 or administrative actions; individuals who have submitted requests for determines that the information is Seventh Street SW., Suite 3E–218, relevant and necessary to a proceeding Washington, DC 20219–0001. See 31 testimony and/or production of documents pursuant to 12 CFR part 4, in which the OCC, any OCC employee CFR part 1, subpart C, Appendix J. in his or her official capacity, any OCC Identification Requirements: An subpart C; individuals who have been employee in his or her individual individual seeking notification through the subjects of administrative actions or capacity represented by the Department the mail must establish his or her investigations initiated by the OCC, of Justice or the OCC, or the United identity by providing a signature and an including current or former States is a party or has an interest; address as well as one other identifier shareholders, directors, officers, employees and agents of OCC-regulated (7) A Congressional office when the bearing the individual’s name and information is relevant to an inquiry signature (such as a photocopy of a entities, current, former, or potential bank customers, and OCC employees. made at the request of the individual driver’s license or other official about whom the record is maintained; document). An individual seeking CATEGORIES OF RECORDS IN THE SYSTEM: (8) A contractor or agent who needs notification in person must establish his Records maintained in this system to have access to this system of records or her identity by providing proof in the to perform an assigned activity; form of a single official document may contain the names of: Banks; requestors; parties; witnesses; current or (9) Third parties when mandated or bearing a photograph (such as a passport authorized by statute; or or identification badge) or two items of former shareholders; directors, officers, employees and agents of OCC-regulated (10) Appropriate agencies, entities, identification that bear both a name and and persons when: (a) The Department signature. entities; current, former or potential bank customers; and current or former suspects or has confirmed that the Alternatively, identity may be security or confidentiality of established by providing a notarized OCC employees. These records contain summarized information concerning the information in the system of records has statement, swearing or affirming to an been compromised; (b) the Department individual’s identity, and to the fact that description and status of Law Department work assignments. has determined that as a result of the the individual understands the penalties suspected or confirmed compromise provided in 5 U.S.C. 552a(i)(3) for Supporting records may include pleadings and discovery materials there is a risk of harm to economic or requesting or obtaining information property interests, identity theft or under false pretenses. generated in connection with civil proceedings or administrative actions, fraud, or harm to the security or Additional documentation integrity of this system or other systems establishing identity or qualification for and correspondence or memoranda related to work assignments. or programs (whether maintained by the notification may be required, such as in Department or another agency or entity) an instance where a legal guardian or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: that rely upon the compromised representative seeks notification on information; and (c) the disclosure made behalf of another individual. 12 U.S.C. 1, 93(d) (second), 481, 1818, and 1820. to such agencies, entities, and persons is RECORD ACCESS PROCEDURES: reasonably necessary to assist in PURPOSE: See ‘‘Notification Procedure’’ above. connection with the Department’s This system of records is used to track efforts to respond to the suspected or CONTESTING RECORD PROCEDURES: the progress and disposition of OCC confirmed compromise and prevent, See ‘‘Notification Procedure’’ above. Law Department work assignments. minimize, or remedy such harm.

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POLICIES AND PRACTICES FOR STORING, notification may be required, such as in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND an instance where a legal guardian or 12 U.S.C. 1, 93(d) (second), 481, 1818, DISPOSING OF RECORDS IN THE SYSTEM: representative seeks notification on and 1820. STORAGE: behalf of another individual. PURPOSE: Records maintained in this system are RECORD ACCESS PROCEDURES: stored electronically and in file folders. This system of records is used by the See ‘‘Notification Procedure’’ above. OCC in representing its interests in legal RETRIEVABILITY: CONTESTING RECORD PROCEDURES: actions and proceedings in which the Records maintained in this system See ‘‘Notification Procedure’’ above. OCC, its employees, or the United States may be retrieved by the name of an is a party or has an interest. individual covered by the system. RECORD SOURCE CATEGORIES: ROUTINE USES OF RECORDS MAINTAINED IN THE Non-exempt information maintained SAFEGUARDS: SYSTEM, INCLUDING CATEGORIES OF USERS AND in this system is obtained from THE PURPOSES OF SUCH USES: Access to electronic records is individuals who request information or Information maintained in this system restricted to authorized personnel who action from the OCC, individuals who may be disclosed to: have been issued non-transferrable are involved in legal proceedings in (1) Third parties to the extent access codes and passwords. Other which the OCC is a party or has an necessary to obtain information that is records are maintained in locked file interest, OCC personnel, and OCC- relevant to the subject matter of claims, cabinets or rooms. regulated entities and other entities, civil proceedings or administrative RETENTION AND DISPOSAL: including governmental, tribal, self- regulatory, and professional actions involving the OCC; Records are retained in accordance (2) The news media in accordance organizations. with the OCC’s records management with guidelines contained in 28 CFR policies and National Archives and EXEMPTIONS CLAIMED FOR THE SYSTEM: 50.2; Records Administration regulations. Records maintained in this system (3) Appropriate governmental or self- SYSTEM MANAGER AND ADDRESS: have been designated as exempt from 5 regulatory organizations when the OCC Information Systems Manager, Law U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3), determines that the records are relevant Department, Office of the Comptroller of and (4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and necessary to the governmental or the Currency, 400 Seventh Street SW., and (I), (e)(5), (e)(8), (f), and (g) of the self-regulatory organization’s regulation Suite 3E–218, Washington, DC 20219– Privacy Act pursuant to 5 U.S.C. or supervision of financial service 0001. 552a(j)(2) and (k)(2). See 31 CFR 1.36. providers; (4) An appropriate governmental, TREASURY/CC .510 NOTIFICATION PROCEDURE: tribal, self-regulatory, or professional An individual wishing to be notified SYSTEM NAME: organization if the information is if he or she is named in non-exempt Litigation Information System— relevant to a known or suspected records maintained in this system must Treasury/Comptroller. violation of a law or licensing standard submit a written request to the Freedom within that organization’s jurisdiction; of Information Act Officer, SYSTEM LOCATION: (5) The Department of Justice, a court, Communications Division, Office of the Office of the Comptroller of the an adjudicative body, a party in Comptroller of the Currency, 400 Currency (OCC), Office of Chief litigation, or a witness if the OCC Seventh Street SW., Suite 3E–218, Counsel, Litigation Division, 400 determines that the information is Washington, DC 20219–0001. See 31 Seventh Street SW., Suite 3E–218, relevant and necessary to a proceeding CFR part 1, subpart C, Appendix J. Washington, DC 20219–0001. in which the OCC, any OCC employee in his or her official capacity, any OCC Identification Requirements: An CATEGORIES OF INDIVIDUALS COVERED BY THE individual seeking notification through SYSTEM: employee in his or her individual the mail must establish his or her Individuals covered by the system are: capacity represented by the Department identity by providing a signature and an (1) Parties or witnesses in civil of Justice or the OCC, or the United address as well as one other identifier proceedings or administrative actions; States is a party or has an interest; bearing the individual’s name and (2) individuals who have submitted (6) A Congressional office when the signature (such as a photocopy of a correspondence to the OCC regarding information is relevant to an inquiry driver’s license or other official civil proceedings, administrative made at the request of the individual document). An individual seeking actions, including potential or about whom the record is maintained; notification in person must establish his anticipated claims or civil litigation; (7) A contractor or agent who needs or her identity by providing proof in the and (3) individuals who have submitted to have access to this system of records form of a single official document requests for testimony or the production to perform an assigned activity; bearing a photograph (such as a passport of documents pursuant to 12 CFR part (8) Third parties when mandated or or identification badge) or two items of 4, subpart C. authorized by statute; or identification that bear both a name and (9) Appropriate agencies, entities, and signature. CATEGORIES OF RECORDS IN THE SYSTEM: persons when: (a) The Department Alternatively, identity may be Records maintained in this system suspects or has confirmed that the established by providing a notarized are: (1) Correspondence files, and (2) security or confidentiality of statement, swearing or affirming to an records generated in connection with information in the system of records has individual’s identity, and to the fact that claims, civil proceedings or been compromised; (b) the Department the individual understands the penalties administrative actions, such as has determined that as a result of the provided in 5 U.S.C. 552a(i)(3) for discovery materials, evidentiary suspected or confirmed compromise requesting or obtaining information materials, transcripts of testimony, there is a risk of harm to economic or under false pretenses. pleadings, memoranda, correspondence, property interests, identity theft or Additional documentation and requests for information pursuant to fraud, or harm to the security or establishing identity or qualification for 12 CFR part 4, subpart C. integrity of this system or other systems

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or programs (whether maintained by the Alternatively, identity may be CATEGORIES OF RECORDS IN THE SYSTEM: Department or another agency or entity) established by providing a notarized Records maintained in this system that rely upon the compromised statement, swearing or affirming to an may contain: The name and address of information; and (c) the disclosure made individual’s identity, and to the fact that the individual who submitted the to such agencies, entities, and persons is the individual understands the penalties complaint or inquiry; when applicable, reasonably necessary to assist in provided in 5 U.S.C. 552a(i)(3) for the name of the individual or connection with the Department’s requesting or obtaining information organization referring a matter; the efforts to respond to the suspected or under false pretenses. name of the entity that is the subject of confirmed compromise and prevent, Additional documentation the complaint or inquiry; the date of the minimize, or remedy such harm. establishing identity or qualification for incoming correspondence and its notification may be required, such as in receipt; numeric codes identifying the POLICIES AND PRACTICES FOR STORING, an instance where a legal guardian or complaint or inquiry’s nature, source, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: representative seeks notification on and resolution; the OCC office and behalf of another individual. personnel assigned to review the STORAGE: correspondence; the status of the Records maintained in this system are RECORD ACCESS PROCEDURES: review; the resolution date; and, when stored electronically and in file folders. See ‘‘Notification Procedure’’ above. applicable, the amount of reimbursement. Supporting records may RETRIEVABILITY: CONTESTING RECORD PROCEDURES: contain correspondence between the Records maintained in this system See ‘‘Notification Procedure’’ above. OCC and the individual submitting the may be retrieved by the name of an complaint or inquiry, correspondence individual covered by the system. RECORD SOURCE CATEGORIES: between the OCC and the regulated Non-exempt information maintained entity, and correspondence between the SAFEGUARDS: in this system is obtained from: OCC and other law enforcement or System records are maintained in Individuals or entities involved in legal regulatory bodies. locked file cabinets or rooms and in proceedings in which the OCC is a party electronic format on secure drives and or has an interest; OCC-regulated AUTHORITY FOR MAINTENANCE OF THE SYSTEM: media. entities; and governmental, tribal, self- 12 U.S.C. 1, 481, 1464 and 1820; 15 U.S.C. 41 et seq. RETENTION AND DISPOSAL: regulatory or professional organizations. Records are retained in accordance EXEMPTIONS CLAIMED FOR THE SYSTEM: PURPOSE: with the OCC’s records management Records maintained in this system This system of records is used to policies and National Archives and have been designated as exempt from 5 administer the OCC’s Customer Records Administration regulations. U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3), Assistance Program and to track the processing and resolution of complaints SYSTEM MANAGER AND ADDRESS: and (4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), (f), and (g) of the and inquiries. Director, Litigation Division, Office of Privacy Act pursuant to 5 U.S.C. Chief Counsel, Office of the Comptroller ROUTINE USES OF RECORDS MAINTAINED IN THE 552a(j)(2) and (k)(2). See 31 CFR 1.36. of the Currency, 400 Seventh Street SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: SW., Suite 3E–218, Washington, DC TREASURY/CC .600 20219–0001. Information maintained in this system SYSTEM NAME: may be disclosed to: NOTIFICATION PROCEDURE: Consumer Complaint and Inquiry (1) An OCC-regulated entity that is the An individual wishing to be notified Information System—Treasury/ subject of a complaint or inquiry; if he or she is named in non-exempt Comptroller. (2) Third parties to the extent records maintained in this system must necessary to obtain information that is submit a written request to the Freedom SYSTEM LOCATION: relevant to the resolution of a complaint of Information Act Officer, Office of the Comptroller of the or inquiry; Communications Division, Office of the Currency (OCC), Customer Assistance (3) The appropriate governmental, Comptroller of the Currency, 400 Group, 1301 McKinney Street, Suite tribal, self-regulatory or professional Seventh Street SW., Suite 3E–218, 3450, Houston, TX 77010–3034. organization if that organization has Washington, DC 20219–0001. See 31 jurisdiction over the subject matter of CFR part 1, subpart C, Appendix J. CATEGORIES OF INDIVIDUALS COVERED BY THE the complaint or inquiry, or the entity Identification Requirements: An SYSTEM: that is the subject of the complaint or individual seeking notification through Individuals covered by this system are inquiry; the mail must establish his or her individuals who submit complaints or (4) An appropriate governmental, identity by providing a signature and an inquiries about national banks, federal tribal, self-regulatory, or professional address as well as one other identifier savings associations, District of organization if the information is bearing the individual’s name and Columbia savings associations operating relevant to a known or suspected signature (such as a photocopy of a under OCC’s regulatory authority, violation of a law or licensing standard driver’s license or other official federal branches and agencies of foreign within that organization’s jurisdiction; document). An individual seeking banks, or subsidiaries of any such entity (5) The Department of Justice, a court, notification in person must establish his (OCC-regulated entities), and other an adjudicative body, a party in or her identity by providing proof in the entities that the OCC does not regulate. litigation, or a witness if the OCC form of a single official document This includes individuals who file determines that the information is bearing a photograph (such as a passport complaints and inquiries directly with relevant and necessary to a proceeding or identification badge) or two items of the OCC or through other parties, such in which the OCC, any OCC employee identification that bear both a name and as attorneys, members of Congress, or in his or her official capacity, any OCC signature. other governmental organizations. employee in his or her individual

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capacity represented by the Department RETENTION AND DISPOSAL: EXEMPTIONS CLAIMED FOR THE SYSTEM: of Justice or the OCC, or the United Records are retained in accordance Records maintained in this system States is a party or has an interest; with the OCC’s records management have been designated as exempt from 5 (6) A Congressional office or policies and National Archives and U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4), appropriate governmental or tribal Records Administration regulations. (e)(1), (e)(4)(G), (H), and (I), and (f) of organization when the information is the Privacy Act pursuant to 5 U.S.C. SYSTEM MANAGER AND ADDRESS: relevant to a complaint or inquiry 552a(k)(2). See 31 CFR 1.36. referred to the OCC by that office or Director, Consumer Complaint organization on behalf of the individual Operations, CAG Remedy System TREASURY/CC .700 Owner, Office of the Comptroller of the about whom the information is SYSTEM NAME: maintained; Currency, Customer Assistance Group, 1301 McKinney Street, Suite 3450, Correspondence Tracking System– (7) An appropriate governmental or Treasury/Comptroller. tribal organization in communication Houston, TX 77010–3034. with the OCC about a complaint or NOTIFICATION PROCEDURE: SYSTEM LOCATION: inquiry the organization has received An individual wishing to be notified Office of the Comptroller of the concerning the actions of an OCC- if he or she is named in non-exempt Currency (OCC), Office of Chief regulated entity. Information that may records maintained in this system must Counsel, 400 Seventh Street SW., Suite be disclosed under this routine use will submit a written request to the Freedom 3E–218, Washington, DC 20219–0001. ordinarily consist of a description of the of Information Act Officer, Components of this record system are conclusion made by the OCC Communications Division, Office of the maintained in the Comptroller of the concerning the actions of such an entity Comptroller of the Currency, 400 Currency’s Office and the Chief and the corrective action taken, if any; Seventh Street SW., Suite 3E–218, Counsel’s Office. (8) A contractor or agent who needs Washington, DC 20219–0001. See 31 to have access to this system of records CATEGORIES OF INDIVIDUALS COVERED BY THE CFR part 1, subpart C, Appendix J. SYSTEM: to perform an assigned activity; Identification Requirements: An (9) Third parties when mandated or Individuals covered by this system are individual seeking notification through those whose correspondence is authorized by statute; or the mail must establish his or her (10) Appropriate agencies, entities, submitted to the Comptroller of the identity by providing a signature and an and persons when: (a) The Department Currency or the Chief Counsel. address as well as one other identifier suspects or has confirmed that the bearing the individual’s name and CATEGORIES OF RECORDS IN THE SYSTEM: security or confidentiality of signature (such as a photocopy of a information in the system of records has Records maintained in this system driver’s license or other official been compromised; (b) the Department may contain the names of individuals document). An individual seeking has determined that as a result of the who correspond with the OCC, notification in person must establish his suspected or confirmed compromise information concerning the subject or her identity by providing proof in the there is a risk of harm to economic or matter of the correspondence, form of a single official document property interests, identity theft or correspondence disposition bearing a photograph (such as a passport fraud, or harm to the security or information, correspondence tracking or identification badge) or two items of integrity of this system or other systems dates, and internal office assignment identification that bear both a name and or programs (whether maintained by the information. Supporting records may signature. Department or another agency or entity) contain correspondence between the Alternatively, identity may be OCC and the individual. that rely upon the compromised established by providing a notarized information; and (c) the disclosure made statement, swearing or affirming to an AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to such agencies, entities, and persons is individual’s identity, and to the fact that 12 U.S.C. 1; 5 U.S.C. 301. reasonably necessary to assist in the individual understands the penalties PURPOSE: connection with the Department’s provided in 5 U.S.C. 552a(i)(3) for efforts to respond to the suspected or requesting or obtaining information This system of records is used by the confirmed compromise and prevent, under false pretenses. OCC to track the Comptroller of the minimize, or remedy such harm. Additional documentation Currency’s or the Chief Counsel’s establishing identity or qualification for correspondence, including the progress POLICIES AND PRACTICES FOR STORING, and disposition of the OCC’s response. RETRIEVING, ACCESSING, RETAINING, AND notification may be required, such as in DISPOSING OF RECORDS IN THE SYSTEM: an instance where a legal guardian or ROUTINE USES OF RECORDS MAINTAINED IN THE STORAGE: representative seeks notification on SYSTEM, INCLUDING CATEGORIES OF USERS AND behalf of another individual. THE PURPOSES OF SUCH USES: Records maintained in this system are Information maintained in this system stored electronically and in file folders. RECORD ACCESS PROCEDURES: may be disclosed to: See ‘‘Notification Procedure’’ above. RETRIEVABILITY: (1) The OCC-regulated entity involved Records maintained in this system CONTESTING RECORD PROCEDURES: in correspondence; may be retrieved by the name of an See ‘‘Notification Procedure’’ above. (2) Third parties to the extent individual covered by the system. necessary to obtain information that is RECORD SOURCE CATEGORIES: relevant to the response; SAFEGUARDS: Non-exempt information maintained (3) Appropriate governmental or self- Access to electronic records is in this system is obtained from regulatory organizations when the OCC restricted to authorized personnel who individuals and entities filing determines that the records are relevant have been issued non-transferrable complaints and inquiries, other and necessary to the governmental or access codes and passwords. Other governmental authorities, and OCC- self-regulatory organization’s regulation records are maintained in locked file regulated entities that are the subjects of or supervision of financial service cabinets or rooms. complaints and inquiries. providers;

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(4) An appropriate governmental, RETENTION AND DISPOSAL: submit correspondence and OCC tribal, self-regulatory, or professional Electronic and other records are personnel. organization if the information is retained in accordance with the OCC’s EXEMPTIONS CLAIMED FOR THE SYSTEM: relevant to a known or suspected records management policies and violation of a law or licensing standard National Archives and Records None. within that organization’s jurisdiction; Administration regulations. TREASURY/CC .701 (5) The Department of Justice, a court, SYSTEM MANAGERS AND ADDRESSES: an adjudicative body, a party in SYSTEM NAME: litigation, or a witness if the OCC Executive Assistant to the Retiree Billing System–Treasury/ determines that the information is Comptroller, Office of the Comptroller Comptroller. relevant and necessary to a proceeding of the Currency, 400 Seventh Street in which the OCC, any OCC employee SW., Suite 3E–218, Washington, DC SYSTEM LOCATION: in his or her official capacity, any OCC 20219–0001. Special Assistant to the Office of the Comptroller of the employee in his or her individual Chief Counsel, Office of the Comptroller Currency, 400 Seventh Street SW., Suite capacity represented by the Department of the Currency, 400 Seventh Street 3E–218, Washington, DC 20219. of Justice or the OCC, or the United SW., Suite 3E–218, Washington, DC States is a party or has an interest; 20219–0001. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: (6) A Congressional office when the NOTIFICATION PROCEDURE: information is relevant to an inquiry Pentegra Defined Benefit Plan for made at the request of the individual An individual wishing to be notified Financial Institutions (formerly known about whom the record is maintained; if he or she is named in non-exempt as FIRF) retirees, OTS employees (7) A contractor or agent who needs records maintained in this system must retiring under the Civil Service to have access to this system of records submit a written request to the Freedom Retirement System or the Federal to perform an assigned activity; of Information Act Officer, Employees Retirement System and who (8) Third parties when mandated or Communications Division, Office of the participate in the OTS-sponsored life authorized by statute; or Comptroller of the Currency, 400 insurance plan, and OCC retirees who Seventh Street SW., Suite 3E–218, participate in the OCC-sponsored life (9) Appropriate agencies, entities, and Washington, DC 20219–0001. See 31 insurance plan. persons when: (a) The Department CFR part 1, subpart C, Appendix J. suspects or has confirmed that the Identification Requirements: An CATEGORIES OF RECORDS IN THE SYSTEM: security or confidentiality of individual seeking notification through OCC and OTS retirees’ names, home information in the system of records has the mail must establish his or her and mobile telephone numbers, mailing been compromised; (b) the Department identity by providing a signature and an addresses, email addresses, bank has determined that as a result of the address as well as one other identifier account numbers, Federal Employee suspected or confirmed compromise bearing the individual’s name and Health Benefits (FEHB) codes and there is a risk of harm to economic or signature (such as a photocopy of a premiums, Federal Employee Group property interests, identity theft or driver’s license or other official Life Insurance (FEGLI) insurance fraud, or harm to the security or document). An individual seeking amounts and premiums, OTS-sponsored integrity of this system or other systems notification in person must establish his life insurance plan coverage amounts, or programs (whether maintained by the or her identity by providing proof in the premium amounts and imputed income Department or another agency or entity) form of a single official document amount, if any; OCC-sponsored life that rely upon the compromised bearing a photograph (such as a passport insurance plan coverage amount and information; and (c) the disclosure made or identification badge) or two items of imputed income amount, if any. to such agencies, entities, and persons is identification that bear both a name and reasonably necessary to assist in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: signature (such as credit cards). connection with the Department’s Alternatively, identity may be 12 U.S.C. 481, 482, and 1462a(h). efforts to respond to the suspected or established by providing a notarized confirmed compromise and prevent, PURPOSE: statement, swearing or affirming to an minimize, or remedy such harm. The Retiree Billing System (formerly individual’s identity, and to the fact that the ‘‘OTS Retiree Billing System’’) is POLICIES AND PRACTICES FOR STORING, the individual understands the penalties used to bill insurance premiums for RETRIEVING, ACCESSING, RETAINING, AND provided in 5 U.S.C. 552a(i)(3) for upcoming FIRF retirees as well as a DISPOSING OF RECORDS IN THE SYSTEM: requesting or obtaining information tracking tool for imputed income for under false pretenses. STORAGE: OCC retirees (including FIRF retirees) Additional documentation with the OCC-sponsored life insurance Records maintained in this system are establishing identity or qualification for stored electronically and in file folders. plan. The system is used by HR Benefits notification may be required, such as in Specialists and Assistants as well as RETRIEVABILITY: an instance where a legal guardian or Payroll Specialists in the Human Capital representative seeks notification on Records maintained in this system office. Retiree names and bank account behalf of another individual. may be retrieved by the name of an information is shared with the Bureau of individual covered by the system. RECORD ACCESS PROCEDURES: the Fiscal Service (BFS), a bureau of the See ‘‘Notification Procedure’’ above. Treasury Department, so that retirees SAFEGUARDS: can be properly billed for health/life Access to electronic records is CONTESTING RECORD PROCEDURES: insurance premiums. BFS provides restricted to authorized personnel who See ‘‘Notification Procedure’’ above. Automated Clearing House (ACH) debit have been issued non-transferable services on behalf of the OCC. OCC access codes and passwords. Other RECORD SOURCE CATEGORIES: provides BFS with retiree information records are maintained in locked file Information maintained in this system so that BFS can perform a debit on the cabinets or rooms. is obtained from individuals who bank account of the retiree for the funds

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owed to the OCC and deposit the money RETENTION AND DISPOSAL: TREASURY/CC .800 into an OCC account. Records are retained and disposed of SYSTEM NAME: in accordance with OCC records ROUTINE USES OF RECORDS MAINTAINED IN THE Office of Inspector General management policies and National SYSTEM, INCLUDING CATEGORIES OF USERS AND Investigations System THE PURPOSE OF SUCH USES: Archives and Records Administration regulations. SYSTEM LOCATION: Information in these records may be used to: SYSTEM MANAGER AND ADDRESS: OCC Headquarters, Office of Enterprise Governance and the (1) Make disclosures to a Director, Compensation and Benefits, Congressional office from the records of Ombudsman, 400 Seventh Street SW., Office of Human Capital, Office of the Washington, DC. an individual in response to an inquiry Comptroller of the Currency, 400 made at the request of the individual to Seventh Street SW., Suite 3E–218, CATEGORIES OF INDIVIDUALS COVERED BY THE whom the record pertains; Washington, DC 20219–0001. SYSTEM: (2) Representatives of the National (1) Current and former OCC Archives and Records Administration NOTIFICATION PROCEDURE: employees who are being investigated who are conducting records An individual wishing to be notified by the Treasury Office of the Inspector management inspections under if he or she is named in non-exempt General; authority of 44 U.S.C. 2904 and 2906; records maintained in this system must (2) Current and former OCC (3) A contractor for the purpose of submit a written request to the Freedom contractors who are being investigated filling a contract, compiling, organizing, of Information Act Officer, by the Treasury Office of the Inspector analyzing, programming, or otherwise Communications Division, Office of the General (OIG); and refining records to accomplish an Comptroller of the Currency, 400 (3) Current and former directors, agency function subject to the same Seventh Street SW., Suite 3E–218, officers, employees, shareholders, and limitations applicable to Department of Washington, DC 20219–0001. See 31 independent contractors of financial the Treasury officers and employees CFR part 1, subpart C, Appendix J. institutions who are being investigated under the Privacy Act; Identification Requirements: An by the OIG. (4) Disclose information to the individual seeking notification through appropriate agencies, entities, and the mail must establish his or her CATEGORIES OF RECORDS IN THE SYSTEM: persons when: (a) The Department identity by providing a signature and an Referrals regarding potential or suspects or has confirmed that the address as well as one other identifier alleged violations of laws, rules, or security or confidentiality of bearing the individual’s name and regulations; names of targets, information in the system of records has signature (such as a photocopy of a complainants, managers, Enterprise been compromised; (b) the Department driver’s license or other official Governance staff, and other government has determined that as a result of the document). An individual seeking employees who may be named in suspected or confirmed compromise notification in person must establish his referral or investigative documents; there is a risk of harm to economic or or her identity by providing proof in the documents regarding resolutions and property interests, identity theft or form of a single official document remedial action in connection with fraud, or harm to the security or bearing a photograph (such as a passport referrals; and other supporting integrity of this system or other systems or identification badge) or two items of documentation, including bank-related or programs (whether maintained by the identification that bear both a name and information, investigative Department or another agency or entity) signature. documentation, and correspondence that rely upon the compromised Alternatively, identity may be related to investigations. information; and (c) the disclosure made established by providing a notarized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to such agencies, entities, and persons is statement, swearing or affirming to an 5 U.S.C. App. 3; 12 U.S.C. 1, as reasonably necessary to assist in individual’s identity, and to the fact that amended; 31 CFR 0.207. connection with the Department’s the individual understands the penalties efforts to respond to the suspected or provided in 5 U.S.C. 552a(i)(3) for PURPOSES(S): confirmed compromise and prevent, requesting or obtaining information This system of records is used by the minimize, or remedy such harm. under false pretenses. OCC to monitor the OIG’s referrals and POLICIES AND PRACTICES FOR STORING, Additional documentation investigations related to the OCC. RETRIEVING, ACCESSING, RETAINING, AND establishing identity or qualification for ROUTINE USES OF RECORDS MAINTAINED IN THE DISPOSING OF RECORDS IN THE SYSTEM: notification may be required, such as in an instance where a legal guardian or SYSTEM INCLUDING CATEGORIES OF USERS AND STORAGE: representative seeks notification on THE PURPOSES OF SUCH USES: Records are maintained in electronic behalf of another individual. Records in this system may be and paper format. disclosed to: RECORD ACCESS PROCEDURES: (1) An OCC-regulated entity when the RETRIEVABILITY: See ‘‘Notification Procedure’’ above. information is relevant to the entity’s Records are retrieved by retirees’ operations; names or social security numbers. CONTESTING RECORD PROCEDURES: (2) Third parties to the extent See ‘‘Notification Procedure’’ above. necessary to obtain information that is SAFEGUARDS: relevant to an investigation; Safeguards in place to prevent misuse RECORD SOURCE CATEGORIES: (3) Appropriate governmental or self- of data include role-based user access, OTS retirees and OTS payroll and regulatory organizations when the OCC the use of user identification and personnel systems. determines that the records are relevant authorization codes to access the and necessary to the governmental or system, and paper files in locked file EXEMPTIONS CLAIMED FOR THE SYSTEM: self-regulatory organization’s regulation cabinets when not in use. None. and supervision of financial service

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providers, including the review of the RETRIEVABILITY: identification that bear both a name and qualifications and fitness of individuals Records may be retrieved by name; a signature. who are or propose to become social security number; OIG tracking Alternatively, identity may be responsible for the business operations number; the date a referral is received, established by providing a notarized of such providers; transmitted or closed; another personal statement, swearing or affirming to an (4) An appropriate governmental, identifier of person about whom a individual’s identify, and to the fact that international, tribal, self-regulatory, or referral is made; or by OCC employee the individual understands the penalties professional organization if the name or identification number for the provided in 5 U.S.C. 552a(i)(3) for information is relevant to a known or employee assigned to a particular requesting or obtaining information suspected violation of a law or licensing matter. under false pretenses. standard within that organization’s Additional documentation jurisdiction; SAFEGUARDS: establishing identity or qualification for (5) A federal, state, local, or tribal Paper records are maintained in notification may be required such as in agency, or other public authority, which locked file cabinets with access limited an instance where a legal guardian or has requested information relevant or to those personnel whose official duties representative seeks notification on necessary to hiring or retaining an require access. Access to electronic behalf of another individual. employee, or issuing or continuing a systems is restricted to authorized RECORD ACCESS PROCEDURES: contract, security clearance, license, personnel who are issued non- grant, or other benefit; transferrable access codes and See ‘‘Notification Procedure’’ above. passwords. (6) The Department of Justice, a court, CONTESTING RECORDS PROCEDURES: an adjudicative body, a party in RETENTION AND DISPOSAL: See ‘‘Notification Procedure’’ above. litigation, or a witness if the OCC Records will be retained for 7 years, determines that the information is and the office of Enterprise Governance RECORD SOURCE CATEGORIES: relevant and necessary to a proceeding and the Ombudsman will destroy Treasury and other federal agency in which the OCC, any OCC employee records older than 7 years in accordance records, including referrals from the in his or her official capacity, any OCC with OCC Records Retention Schedule OCC to the OIG and referrals received employee in his or her individual item 1.2c (7-year project files), and from the OIG. capacity represented by the Department continue to do so annually. of Justice or the OCC, or the United EXEMPTIONS CLAIMED FOR THE SYSTEM: States is a party or has an interest; SYSTEM MANAGER(S) AND ADDRESS: Some of the records in this system are (7) A congressional office when the Senior Deputy Comptroller for exempt from sections 5 U.S.C. information is relevant to an inquiry Enterprise Governance and the 552a(c)(3), (d)(1)–(4), (e)(1), (e)(4)(G)–(I), made at the request of the individual Ombudsman, 400 7th Street SW., and, (f) of the Privacy Act pursuant to about whom the record is maintained; Washington, DC 20219. Telephone: 5 U.S.C. 552a(k)(2). See 31 CFR 1.36. (8) A contractor or agent who needs (202) 649–5530 (not a toll-free number). TREASURY/OTS .003 to have access to this system of records NOTIFICATION PROCEDURE: to perform an assigned activity; SYSTEM NAME: This system of records contains (9) Third parties when mandated or records that are exempt from the OTS Consumer Complaint System. authorized by statute; or notification, access and contest SYSTEM LOCATION: (10) Appropriate agencies, entities, requirements pursuant to 5 U.S.C. and persons when: (a) The OCC 552a(k)(2). Individuals seeking Office of the Comptroller of the suspects or has confirmed that the notification and access to any non- Currency, 400 Seventh Street SW., Suite security or confidentiality of exempt record contained in this system 3E–218, Washington, DC 20219. information in the system of records has of records, or seeking to contest its been compromised; (b) the OCC has CATEGORIES OF INDIVIDUALS COVERED BY THE content, may inquire in writing in SYSTEM: determined that as a result of the accordance with instructions appearing suspected or confirmed compromise Persons who submit inquiries or at 31 CFR, Part 1, subpart C, and complaints concerning federally-insured there is a risk of harm to economic or appendix J to subpart C. Written property interests, identity theft or depository institutions, service inquiries should be addressed to corporations, and subsidiaries. fraud, or harm to the security or Disclosure Officer, Communications integrity of this system or other systems Division, Office of the Comptroller of CATEGORIES OF RECORDS IN THE SYSTEM: or programs (whether maintained by the the Currency, 400 7th Street SW., Consumer’s name, savings OCC or another agency or entity) that Washington, DC 20219. association’s docket number, case rely upon the compromised Identification requirements: An number as designated by a Consumer information; and (c) the disclosure made individual seeking notification through Complaint Case number. Within these to such agencies, entities, and persons is the mail must establish his or her categories of records, the following reasonably necessary to assist in identity by providing a signature and an information may be obtained: connection with the OCC’s efforts to address as well as one other identifier Consumer’s address, source of inquiry respond to the suspected or confirmed bearing the individual’s name and or complaint, nature of the inquiry or compromise and prevent, minimize, or signature (such as a photocopy of a complaint, nature of the inquiry or remedy such harm. driver’s license or other official complaint designated by instrument and POLICIES AND PRACTICES FOR STORING, document). An individual seeking complaint code, information on the RETRIEVING, ACCESSING, RETAINING, AND notification in person must establish his investigation and resolution of inquiries DISPOSING OF RECORDS IN THE SYSTEM: or her identity by providing proof in the and complaints. form of a single official document STORAGE: bearing a photograph (such as a passport AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Paper records and electronic media. or identification badge) or two items of 15 U.S.C. 57a(f), 5 U.S.C. 301.

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PURPOSE: that rely upon the compromised Alternatively, identity may be OTS used this system to track information; and (c) the disclosure made established by providing a notarized individual complaints and to provide to such agencies, entities, and persons is statement, swearing or affirming to an information about each institution’s reasonably necessary to assist in individual’s identity, and to the fact that compliance with regulatory connection with the Department’s the individual understands the penalties requirements. efforts to respond to the suspected or provided in 5 U.S.C. 552a(i)(3) for confirmed compromise and prevent, requesting or obtaining information ROUTINE USES OF RECORDS MAINTAINED IN THE minimize, or remedy such harm. under false pretenses. SYSTEM, INCLUDING CATEGORIES OF USERS AND Additional documentation THE PURPOSE OF SUCH USES: POLICIES AND PRACTICES FOR STORING, establishing identity or qualification for Information in these records may be RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: notification may be required, such as in used to: an instance where a legal guardian or (1) Disclose information to officials of STORAGE: representative seeks notification on regulated savings associations in Records are maintained in paper files behalf of another individual. connection with the investigation and and on electronic media. resolution of complaints and inquiries; RECORD ACCESS PROCEDURES: (2) Make relevant information RETRIEVABILITY: See ‘‘Notification Procedure’’ above. available to appropriate law By name of individual, complaint enforcement agencies or authorities in case number, savings association name, CONTESTING RECORD PROCEDURES: connection with the investigation and/ docket number, region complaint code, See ‘‘Notification Procedure’’ above. or prosecution of alleged civil, criminal, instrument code, source code, or by RECORD SOURCE CATEGORIES: and administrative violations; some combination thereof. (3) Disclose information to a Inquirer or complainant (or his or her Congressional office in response to an SAFEGUARDS: representative which may include a inquiry made at the request of the Paper records are maintained in member of Congress or an attorney); individual to whom the record pertains; locked file cabinets with access limited savings association officials and (4) Disclose information to other to those personnel whose official duties employees; compliance/safety and federal and nonfederal governmental require access. Access to computerized soundness examiner(s); and other supervisory or regulatory authorities records is limited, through use of the supervisory records. system passwords, to those whose when the subject matter is within such EXEMPTIONS CLAIMED FOR THE SYSTEM: other agency’s jurisdiction; official duties require access. None. (5) Disclose information in civil, RETENTION AND DISPOSAL: [FR Doc. 2016–00763 Filed 1–15–16; 8:45 am] criminal, administrative or arbitration proceedings before a court, magistrate, Active paper files are maintained BILLING CODE 4810–33–P administrative or arbitration tribunal, in until the case is closed. Closed files are retained six (6) years then destroyed. the course of pre-trial discovery, DEPARTMENT OF THE TREASURY motions, trial, appellate review, or in SYSTEM MANAGER AND ADDRESS: settlement negotiations, when OTS, the Ombudsman, Office of the Internal Revenue Service Director of OTS, an OTS employee, the Comptroller of the Currency, 400 Department of the Treasury, the Seventh Street SW., Suite 3E–218, Proposed Collection; Comment Secretary of the Treasury, or the United Washington, DC 20219. Request for Form 8824 States is a party or has an interest in or AGENCY: Internal Revenue Service (IRS), is likely to be affected by such NOTIFICATION PROCEDURE: Treasury. proceeding and an OCC attorney An individual wishing to be notified determines that the information is if he or she is named in non-exempt ACTION: Notice and request for arguably relevant to that proceeding; records maintained in this system must comments. (6) Disclose relevant information to submit a written request to the Freedom SUMMARY: The Department of the the Department of Justice, private of Information Act Officer, Treasury, as part of its continuing effort counsel, or an insurance carrier for the Communications Division, Office of the to reduce paperwork and respondent purpose of defending an action or Comptroller of the Currency, 400 burden, invites the general public and seeking legal advice, to assure that the Seventh Street SW., Suite 3E–218, other Federal agencies to take this agency and its employees receive Washington, DC 20219–0001. See 31 opportunity to comment on proposed appropriate representation in legal CFR part 1, subpart C, Appendix J. and/or continuing information Identification Requirements: An proceedings; or collections, as required by the (7) Disclose information to the individual seeking notification through Paperwork Reduction Act of 1995, appropriate agencies, entities, and the mail must establish his or her Public Law 104–13(44 U.S.C. persons when: (a) The Department identity by providing a signature and an 3506(c)(2)(A)). Currently, the IRS is suspects or has confirmed that the address as well as one other identifier soliciting comments concerning Form security or confidentiality of bearing the individual’s name and 8824, Like-Kind Exchanges. information in the system of records has signature (such as a photocopy of a been compromised; (b) the Department driver’s license or other official DATES: Written comments should be has determined that as a result of the document). An individual seeking received on or before March 21, 2016 to suspected or confirmed compromise notification in person must establish his be assured of consideration. there is a risk of harm to economic or or her identity by providing proof in the ADDRESSES: Direct all written comments property interests, identity theft or form of a single official document to Michael Joplin, Internal Revenue fraud, or harm to the security or bearing a photograph (such as a passport Service, Room 6517, 1111 Constitution integrity of this system or other systems or identification badge) or two items of Avenue NW., Washington, DC 20224. or programs (whether maintained by the identification that bear both a name and FOR FURTHER INFORMATION CONTACT: Department or another agency or entity) signature. Requests for additional information or

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copies of the form and instructions through the use of automated collection This notice also provides a procedure should be directed to LaNita Van Dyke techniques or other forms of information whereby the developer of computer at Internal Revenue Service, Room 6517, technology; and (e) estimates of capital software may certify to the Internal 1111 Constitution Avenue NW., or start-up costs and costs of operation, Revenue Service that the software is Washington, DC 20224, or through the maintenance, and purchase of services acceptable for use in calculating energy internet at [email protected]. to provide information. and power consumption for purposes of SUPPLEMENTARY INFORMATION: Approved: January 7, 2016. § 179D of the Code. Title: Like-Kind Exchanges. Michael Joplin, Current Actions: There is no change OMB Number: 1545–1190. IRS Clearance Officer. in the paperwork burden previously Form Number: 8824. [FR Doc. 2016–00776 Filed 1–15–16; 8:45 am] approved by OMB. Abstract: Form 8824 is used by BILLING CODE 4830–01–P Type of Review: Extension of a individuals, corporations, partnerships, currently approved collection. and other entities to report the exchange Affected Public: Individuals or of business or investment property, and DEPARTMENT OF THE TREASURY the deferral of gains from such households, Businesses and other for- profit organizations. transactions under Internal Revenue Internal Revenue Service Code section 1031. It is also used to Estimated Number of Respondents: report the deferral of gain under Code Proposed Collection; Comment 21,767. section 1043 from conflict-of-interest Request for Notice 2006–52 Estimated Time per Respondent: 1 hr., sales by certain members of the AGENCY: Internal Revenue Service (IRS), 40 min. executive branch of the Federal Treasury. Estimated Total Annual Burden government. Hours: 3,761. Current Actions: There are no changes ACTION: Notice and request for being made to the form at this time. comments. The following paragraph applies to all Type of Review: Extension of a of the collections of information covered SUMMARY: The Department of the by this notice: currently approved collection. Treasury, as part of its continuing effort Affected Public: Individuals or to reduce paperwork and respondent An agency may not conduct or households and business or other for- burden, invites the general public and sponsor, and a person is not required to profit organizations. other Federal agencies to take this respond to, a collection of information Estimated Number of Respondents: opportunity to comment on proposed unless the collection of information 53,490. and/or continuing information displays a valid OMB control number. Estimated Number of Respondent: 15 collections, as required by the Books or records relating to a collection hours, 46 minutes. Paperwork Reduction Act of 1995, of information must be retained as long Estimated Total Annual Burden Public Law 104–13(44 U.S.C. as their contents may become material Hours: 834,979. 3506(c)(2)(A)). Currently, the IRS is in the administration of any internal The following paragraph applies to all soliciting comments concerning Notice revenue law. Generally, tax returns and of the collections of information covered 2006–52, Deduction for Energy Efficient tax return information are confidential, by this notice: Commercial Buildings. as required by 26 U.S.C. 6103. An agency may not conduct or DATES: Written comments should be Request For Comments: Comments sponsor, and a person is not required to received on or before March 21, 2016 to submitted in response to this notice will respond to, a collection of information be assured of consideration. be summarized and/or included in the unless the collection of information request for OMB approval. All displays a valid OMB control number. ADDRESSES: Direct all written comments to Michael Joplin, Internal Revenue comments will become a matter of Books or records relating to a collection public record. Comments are invited on: of information must be retained as long Service, Room 6517, 1111 Constitution Avenue NW., Washington, DC. (a) Whether the collection of as their contents may become material information is necessary for the proper in the administration of any internal FOR FURTHER INFORMATION CONTACT: performance of the functions of the revenue law. Generally, tax returns and Requests for additional information or agency, including whether the tax return information are confidential, copies of the Notice should be directed information shall have practical utility; as required by 26 U.S.C. 6103. to LaNita Van Dyke, Internal Revenue (b) the accuracy of the agency’s estimate Request for Comments: Comments Service, Room 6517, 1111 Constitution of the burden of the collection of submitted in response to this notice will Avenue NW., Washington, DC 20224, or information; (c) ways to enhance the be summarized and/or included in the through the internet at quality, utility, and clarity of the request for OMB approval. All [email protected]. information to be collected; (d) ways to comments will become a matter of SUPPLEMENTARY INFORMATION: Currently, minimize the burden of the collection of public record. Comments are invited on: the IRS is seeking comments concerning information on respondents, including (a) Whether the collection of the following information collection through the use of automated collection information is necessary for the proper tools, reporting, and record-keeping techniques or other forms of information performance of the functions of the requirements: technology; and (e) estimates of capital agency, including whether the Title: Deduction for Energy Efficient or start-up costs and costs of operation, information shall have practical utility; Commercial Buildings. maintenance, and purchase of services (b) the accuracy of the agency’s estimate OMB Number: 1545–2004. to provide information. of the burden of the collection of Form Number: Notice 2006–52. information; (c) ways to enhance the Abstract: This notice sets forth a Approved: January 7, 2016. quality, utility, and clarity of the process that allows the owner of energy Michael Joplin, information to be collected; (d) ways to efficient commercial building property IRS Reports Clearance Officer. minimize the burden of the collection of to certify that the property satisfies the [FR Doc. 2016–00775 Filed 1–15–16; 8:45 am] information on respondents, including requirements of § 179D(c)(1) and (d). BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY or inappropriate material in your nonemployee compensation, and crop comments. insurance proceeds, $10 or more of Internal Revenue Service We invite comments on: (a) Whether royalties, any amount of fishing boat the collection of information is proceeds, certain substitute payments, Proposed Information Collection; necessary for the proper performance of golden parachute payments, and an Comment Request the agency’s functions, including indication of direct sales of $5,000 or AGENCY: Internal Revenue Service (IRS), whether the information has practical more. Treasury. utility; (b) the accuracy of the agency’s Current Actions: There is no change estimate of the burden of the collection in the paperwork burden previously ACTION: Notice and request for of information; (c) ways to enhance the approved by OMB. comments. quality, utility, and clarity of the Type of Review: Extension of a SUMMARY: The Department of the information to be collected; (d) ways to currently approved collection. Treasury, as part of its continuing effort minimize the burden of the collection of Affected Public: Business or other for- to reduce paperwork and respondent information on respondents, including profit organizations. burden, invites the general public and the use of automated collection Estimated Number of Respondents: other Federal agencies to take this techniques or other forms of information 86,796,997. opportunity to comment on proposed technology; and (e) estimates of capital Estimated Time per Respondent: 18 and/or continuing information or start-up costs and costs of operation, min. Estimated Total Annual Burden collections, as required by the maintenance, and purchase of services Hours: 26,039,099. Paperwork Reduction Act of 1995, to provide the requested information. 3. Title: Supplemental Income and Public Law 104–13 (44 U.S.C. Currently, the IRS is seeking comments Loss. 3506(c)(2)(A)). concerning the following forms, and reporting and record-keeping OMB Number: 1545–1972. DATES: Written comments should be requirements: Form: Schedule E (Form 1040). received on or before March 21, 2016 to 1. Title: Voluntary Customer Surveys Abstract: Schedule E (Form 1040) is be assured of consideration. To Implement E.O. 12862 on Behalf of used to report and summarize income ADDRESSES: Direct all written comments All IRS Operations. from rents, royalties, partnerships, S to Michael Joplin, Internal Revenue OMB Number: 1545–1432. corporations, estates, trusts, REMICS, Service, Room 6517, 1111 Constitution Abstract: This form is a generic etc. (IRC section 61.) Avenue NW., Washington, DC 20224. clearance for an undefined number of Type of Review: Extension of a Please send separate comments for each customer satisfaction and opinion currently approved collection. specific information collection listed surveys and focus group interviews to Affected Public: Private Sector: below. You must reference the be conducted over the next three years. Businesses or other for-profits. information collection’s title, form Surveys and focus groups conducted Estimated Total Annual Burden number, reporting or record-keeping under the generic clearance are used by Hours: 284,599. requirement number, and OMB number the Internal Revenue Service to 4. Title: Profit or Loss From Farming. (if any) in your comment. determine levels of customer OMB Number: 1545–1975. Form: Schedule F (Form 1040). FOR FURTHER INFORMATION CONTACT: To satisfaction, as well as determining Abstract: Schedule F (Form 1040) is obtain additional information, or copies issues that contribute to customer used to report gross income, expenses, of the information collection and burden. This information will be used to and net profit or loss from farming. (IRC instructions, or copies of any comments make quality improvements to products section 61.) received, contact Elaine Christophe, at and services. Type of Review: Extension of a Internal Revenue Service, Room 6517, Current Actions: We will be currently approved collection. 1111 Constitution Avenue NW., conducting different customer Affected Public: Private Sector: Washington, DC 20224, or through the satisfaction and opinion surveys and Businesses or other for-profits. internet, at [email protected]. focus group interviews during the next three years than in the past. At the Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: present time, is not determined what Hours: 1,907,750. Request for Comments these surveys and focus groups will be. The following paragraph applies to all Type of Review: Revision of a of the collections of information covered The Department of the Treasury and currently approved collection. Using the by this notice: the Internal Revenue Service, as part of past three years as a baseline, we An agency may not conduct or their continuing effort to reduce estimate that 40,000 (13,333.3 annually) sponsor, and a person is not required to paperwork and respondent burden, burden hours will be used over the respond to, a collection of information invite the general public and other course of the next three years. unless the collection of information Federal agencies to take this Affected Public: Individuals or displays a valid OMB control number. opportunity to comment on the households, business or other for-profit Books or records relating to a collection proposed or continuing information organizations, not-for-profit institutions, of information must be retained as long collections listed below in this notice, farms and Federal, state, local or tribal as their contents may become material as required by the Paperwork Reduction governments. in the administration of any internal Act of 1995, (44 U.S.C. 3501 et seq.). Estimated Total Annual Burden revenue law. Generally, tax returns and Request For Comments: Comments Hours: 40,000. tax return information are confidential, submitted in response to this notice will 2. Title: Miscellaneous Income. as required by 26 U.S.C. 6103. be summarized and/or included in our OMB Number: 1545–0115. request for Office of Management and Form Number: 1099–MISC. Approved: January 11, 2016. Budget (OMB) approval of the relevant Abstract: Form 1099–MISC is used by Michael Joplin, information collection. All comments payers to report payments of $600 or IRS Reports Clearance Officer. will become a matter of public record. more of rents, prizes and awards, [FR Doc. 2016–00774 Filed 1–15–16; 8:45 am] Please do not include any confidential medical and health care payments, BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY multilateral agreement regarding prudential and USTR will seek to ensure that U.S. measures with respect to the business of insurers and reinsurers will be permitted to UNITED STATES TRADE insurance or reinsurance.’’ The United States operate in the EU on the same regulatory REPRESENTATIVE and the EU are the two largest insurance terms as insurers and reinsurers domiciled in markets in the world and both markets the EU or in jurisdictions deemed equivalent Notice of Intent To Initiate Covered present important opportunities for organic under Solvency II. Agreement Negotiations With the and acquisition-based growth for insurers The FIO Act provides that Treasury and and reinsurers. A covered agreement with the USTR jointly shall consult with the Financial European Union EU would level the regulatory playing field Services and Ways and Means Committees of AGENCY: Department of the Treasury, for U.S.-based insurers and reinsurers the House of Representatives and the Departmental Offices; United States operating there, and further confirm that the Banking, Housing, and Urban Affairs and existing U.S. insurance regulatory system Finance Committees of the Senate before Trade Representative, Services and serves the goals of insurance sector oversight, initiating negotiations of a covered Investment. policyholder protection, and national and agreement, during such negotiations, and ACTION: Notice. global financial stability. before entering into any such agreement. The Federal Insurance Office (FIO) Act of Treasury and USTR welcome the opportunity SUMMARY: This notice announces that 2010 authorizes the Secretary of the Treasury to meet with Committee members and staff the Department of the Treasury and the (Treasury) and the United States Trade to consult before we initiate negotiations on United States Trade Representative Representative (USTR) jointly to negotiate a this covered agreement and on developments intend to initiate negotiations to enter covered agreement with one or more foreign during the negotiations. into a covered agreement with the governments, authorities, or regulatory The letters can also be found at the European Union (EU) and is intended to entities. A covered agreement must ‘‘relate[] to the recognition of prudential measures following link: promote transparency, stakeholder with respect to the business of insurance or https://www.treasury.gov/initiatives/fio/ awareness, and public engagement. reinsurance that achieves a level of reports-and-notices/Documents/Covered% DATE: Effective date: January 19, 2016. protection for insurance or reinsurance 20Agreement%20Letters%20to%20Congress. FOR FURTHER INFORMATION CONTACT: consumers that is substantially equivalent to pdf. the level of protection achieved under State Treasury: Philip J. Goodman, Senior Michael T. McRaith, Insurance Regulatory Policy Analyst, insurance or reinsurance regulation.’’ 1 Director, Federal Insurance Office, U.S. Federal Insurance Office, (202) 622– In the United States, state insurance regulators have general authority over the Department of the Treasury. 1170; Kevin K. Meehan, Policy Advisor, business of insurance (including Sarah C. Ellerman, Federal Insurance Office, (202) 622– reinsurance). Treasury and USTR support the 7009. Director, Services & Investment, Office of the U.S. integrated system of state and federal United States Trade Representative. USTR: Sarah C. Ellerman, Director, insurance regulation, including the primary Services & Investment, (202) 395–9556. role of state insurance regulators as [FR Doc. 2016–00856 Filed 1–15–16; 8:45 am] SUPPLEMENTARY INFORMATION: supervisors of the business of insurance. BILLING CODE 4810–25–P Under Title V of the Dodd-Frank Wall Treasury and USTR will not enter into a Street Reform and Consumer Protection covered agreement with the EU unless the Act (the Federal Insurance Office Act of terms of that agreement are beneficial to the DEPARTMENT OF VETERANS United States. State insurance regulators will AFFAIRS 2010, hereinafter the FIO Act), the have a meaningful role during the covered Secretary of the Treasury (Treasury) and agreement negotiating process. Advisory Committee on Disability the United States Trade Representative In particular, covered agreement Compensation, Notice of Meeting (USTR) are authorized to jointly negotiations with the EU will seek to address negotiate a ‘‘covered agreement’’ with the following prudential measures: (1) obtain The Department of Veterans Affairs one or more foreign governments, treatment of the U.S. insurance regulatory (VA) gives notice under the Federal authorities, or regulatory entities. A system by the EU as ‘‘equivalent’’ to allow for Advisory Committee Act, 5 U.S.C. App. covered agreement is a ‘‘written bilateral a level playing field for U.S. insurers and 2, that the Advisory Committee on or multilateral agreement regarding reinsurers operating in the EU; (2) obtain recognition by the EU of the integrated state Disability Compensation (Committee) prudential measures with respect to the and federal insurance regulatory and will meet on March 21–22, 2016. The business of insurance or reinsurance.’’ oversight system in the United States, Committee will meet at 1800–G Street The FIO Act states that Treasury and including with respect to group supervision; Northwest, Washington, DC 20001, on USTR shall consult with the Committee (3) facilitate the exchange of confidential the Sixth Floor in Conference Room on Financial Services and the regulatory information between lead 645A. The sessions will begin at 8:30 Committee on Ways and Means of the supervisors across national borders; (4) afford a.m. and end at 4:30 p.m. each day. The House of Representatives, and the nationally uniform treatment of EU-based meeting is open to the public. Committee on Banking, Housing, and reinsurers operating in the United States, The purpose of the Committee is to Urban Affairs and the Committee on including with respect to collateral advise the Secretary of Veterans Affairs requirements; and (5) obtain permanent Finance of the Senate (the four equivalent treatment for the solvency regime on the maintenance and periodic Committees) before initiating in the United States and applicable to readjustment of the VA Schedule for negotiations of a covered agreement, insurance and reinsurance undertakings. Rating Disabilities. The Committee is to during such negotiations, and before Effective January 1, 2016, the EU will assemble and review relevant entering into any such agreement. implement insurance regulatory reform information relating to the nature and On November 20, 2015, Treasury and (known as Solvency II) that will subject an character of disabilities arising during USTR jointly sent identical letters to the insurer to disadvantageous treatment if the service in the Armed Forces, provide an Chair and Ranking member of each of insurer’s country of domicile is not ongoing assessment of the effectiveness the four Committees. The text of the recognized by the EU as ’’equivalent’’ under of the rating schedule, and give advice letters reads: the provisions of Solvency II. Through negotiating a covered agreement, Treasury on the most appropriate means of We write because we intend to initiate responding to the needs of Veterans negotiations to enter into a covered 1 31 U.S.C. 313(r)(2)(B). Moreover, the FIO Act relating to disability compensation. agreement with the European Union (EU). A defines the term ‘‘substantively equivalent to the The Committee will receive briefings covered agreement is a ‘‘written bilateral or level of protection achieved.’’ 31 U.S.C. 313(r)(9). on issues related to compensation for

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Veterans with service-connected The public may submit written minutes before the meeting begins. Any disabilities and other VA benefits statements for the Committee’s review member of the public wishing to attend programs. Time will be allocated for to Dr. Ioulia Vvedenskaya, Department the meeting or seeking additional receiving public comments. Public of Veterans Affairs, Veterans Benefits information should email Dr. comments will be limited to three Administration, Compensation Service, Vvedenskaya or call her at (202) 461– minutes each. Individuals wishing to Policy Staff (211C), 810 Vermont 9882. make oral statements before the Avenue NW., Washington, DC 20420 or Dated: January 13, 2016. Committee will be accommodated on a email at [email protected]. first-come, first-served basis. Because the meeting is being held in a Jelessa Burney, Individuals who speak are invited to government building, a photo I.D. must Federal Advisory Committee Mangement submit 1–2 page summaries of their be presented at the Guard’s Desk as a Officer. comments at the time of the meeting for part of the clearance process. Therefore, [FR Doc. 2016–00846 Filed 1–15–16; 8:45 am] inclusion in the official meeting record. you should allow an additional 15 BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 81, No. 11 Tuesday, January 19, 2016

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Ch. III ...... 1923 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 2701...... 1115 13 CFR The United States Government Manual 741–6000 143...... 1115 3 CFR Other Services Proposed Rules: Proclamations: 120...... 2129 Electronic and on-line services (voice) 741–6020 9385...... 713 Privacy Act Compilation 741–6064 9386...... 715 14 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 9387...... 717 21...... 1482 9388...... 1851 39 ...145, 147, 869, 1291, 1483, ELECTRONIC RESEARCH Administrative Orders: 1486, 1489, 1492, 1494, Memorandums: 1497, 1502, 1504, 1508, World Wide Web Memorandum of 1870, 1874 January 4, 2016 ...... 719 45...... 1482 Full text of the daily Federal Register, CFR and other publications 61...... 1, 1292 is located at: www.fdsys.gov. 5 CFR 71 ...... 1511, 1877, 2084 Federal Register information and research tools, including Public Proposed Rules: 91...... 721, 727 Inspection List, indexes, and Code of Federal Regulations are 870...... 1336 97...... 1511 located at: www.ofr.gov. 121...... 1 7 CFR 135...... 1 E-mail 57...... 1481 183...... 1292 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 205...... 2067 Proposed Rules: an open e-mail service that provides subscribers with a digital 271...... 2725 36...... 1923 form of the Federal Register Table of Contents. The digital form 272...... 2725 39.....22, 24, 27, 28, 30, 32, 34, of the Federal Register Table of Contents includes HTML and 275...... 2725 38, 191, 1345, 1563, 1565, PDF links to the full text of each document. 3570...... 1861 1568, 1570, 1573, 1577, To join or leave, go to http://listserv.access.gpo.gov and select Proposed Rules: 1580, 1582, 1584, 1586, Online mailing list archives, FEDREGTOC-L, Join or leave the list 271...... 398 1588, 2131, 2134, 2783, (or change settings); then follow the instructions. 272...... 398 2785 273...... 398 71...... 1590 PENS (Public Law Electronic Notification Service) is an e-mail 274...... 398 91...... 1923 service that notifies subscribers of recently enacted laws. 278...... 398 382...... 193 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 331...... 2762 and select Join or leave the list (or change settings); then follow 457...... 1337 15 CFR the instructions. 810...... 2774, 2775 902...... 150, 1878 FEDREGTOC-L and PENS are mailing lists only. We cannot 996...... 2775 950...... 1118 respond to specific inquiries. Proposed Rules: 8 CFR 922...... 879 Reference questions. Send questions and comments about the 204...... 2068 Federal Register system to: [email protected] 214...... 2068 16 CFR The Federal Register staff cannot interpret specific documents or 248...... 2068 1...... 2742 regulations. 274a...... 2068 306...... 2054 1109...... 2 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 9 CFR longer appears in the Federal Register. This information can be 1500...... 2 found online at http://bookstore.gpo.gov/. Proposed Rules: Proposed Rules: 121...... 2762 23...... 1349 FEDERAL REGISTER PAGES AND DATE, JANUARY 10 CFR 17 CFR 1–144...... 4 72...... 371, 1116 23...... 636 145–370...... 5 429 ...... 580, 1028, 2628 140...... 636 430 ...... 580, 2320, 2328 229...... 2743 371–718...... 6 431...... 1028, 2420 232...... 3 719–868...... 7 Proposed Rules: 239...... 2743 869–1114...... 8 50...... 410 Proposed Rules: 1115–1290...... 11 72...... 412 3...... 1359 1291–1480...... 12 430...... 1688 240...... 733 1481–1850...... 13 431...... 2111 1851–2066...... 14 18 CFR 2067–2724...... 15 12 CFR 381...... 2748 2725–2966...... 19 Proposed Rules: Ch. I ...... 1923 19 CFR Ch. II ...... 1923 10...... 2085

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12...... 2086 31 CFR 70...... 2159 48 CFR 24...... 2085 285...... 1318 81...... 1144 501...... 1531 162...... 2085 98...... 2536 504...... 1531 163...... 2085 32 CFR 122...... 415 178...... 2085 509...... 1531 706...... 8 130...... 2791 180...... 2803 519...... 1531 20 CFR 33 CFR 522...... 1531 Proposed Rules: 536...... 1531 117 ...... 10, 1121, 2089 41 CFR 30...... 2787 537...... 1531 151...... 173 Proposed Rules: 404...... 41 552...... 1531 165...... 11, 2749 300–3...... 884 570...... 1531 21 CFR Proposed Rules: 301–11...... 884 301–12...... 884 1022...... 2760 176...... 5 110...... 194 301–70...... 884 1052...... 2760 884 ...... 354, 364, 378 36 CFR Proposed Rules: Proposed Rules: 42 CFR 216...... 1596 172...... 42 Proposed Rules: 13...... 1592 Proposed Rules: 225...... 1596 22 CFR 261...... 2788 73...... 2805 252...... 1596 100...... 884 Proposed Rules: 38 CFR 147...... 44 49 CFR 3...... 1512 44 CFR 24 CFR Proposed Rules: Proposed Rules: 64...... 1894, 1897 200...... 1120 17...... 196 195...... 885 280...... 1120 512...... 47 39 CFR 45 CFR 570...... 1120 164...... 382 Proposed Rules: 3017...... 869 262...... 2092 50 CFR Ch. IX...... 881 Proposed Rules: 3000...... 1931 264...... 2092 16...... 1534 26 CFR 3001...... 1931 265...... 2092 17...... 1322, 1900 1...... 2088 3008...... 1931 300...... 1878, 2110 47 CFR Proposed Rules: 600...... 1762 40 CFR 1 ...... 194, 882, 1364, 1592 1...... 396 622...... 1762 20...... 1364 52 ...... 296, 1122, 1124, 1127, 5...... 1899 635...... 19 25...... 1364 1128, 1320, 1514, 1881, 20...... 173 660...... 183 26...... 1364 1882, 1884, 1887, 1890, 52...... 1131 665...... 2761 31...... 1364 2090 73...... 2751 679 ...... 150, 184, 188 62...... 380 90...... 2106 301...... 1364 680...... 1557 70...... 1890, 2090 Proposed Rules: 27 CFR 81...... 1514 1...... 1802 Proposed Rules: 478...... 1307 141...... 13 2...... 1802 17 ...... 214, 435, 1000, 1368, 479...... 2658 180 ...... 1522, 1526, 1890 15...... 1802 1597 Proposed Rules: 20...... 204 32...... 886, 887 28 CFR Ch. I ...... 1365 25...... 1802 36...... 886, 887 571...... 1880 52 ...... 1133, 1136, 1141, 1144, 30...... 1802 223...... 1376 1935, 2004, 2136, 2140, 73...... 2818 224...... 1376 29 CFR 2159 74...... 2818 660...... 215, 2831 4022...... 2088 62...... 414 101...... 1802 679...... 897

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